ZBA Minutes
MEETING
CITY OF WALKER
ZONING BOARD OF APPEALS
Thursday, June 14, 2007
7:00 p.m.
The meeting of the Zoning Board of Appeals was called to order by
Robert Marz, Chairman at 7:00 p.m. at City Hall 4243 Remembrance Rd.,
N.W., Walker, Michigan.
Members present: Robert Marz, Chairman; Roger Crabtree; Charles
Deshaine; James Hickey; Tyler Korfhage; Beth Rogers; Brian Boelens,
Alternate, and John Tuffelmire, Alternate. Member absent: Randy Smith.
Also present: John Stufyzand, Building Department; and Bonnie Antcliff,
Recording Secretary.
DECISION AND ORDER
Legal Description
Property located at 2474 Turner, NW also known on the tax rolls as
41-13-12-251-006. Hearing requested by Van’s Delivery Service.
The applicant’s request is to install a 30 x 75 ft. canopy to be used
for a proposed railroad spur on the lot line instead of the required 20
ft. setback.
Finding of Facts
Robert Marz, Chairman reviewed the application and site plan
submitted. No other citizen appeared with respect to this application.
John Niewenhuis, Van’s Delivery Service stated that the canopy is 75
ft. and does not cover the entire length of the dock. The 75 ft. will
infringe on the sideyard setback.
Tyler Korfhage asked if there was a railroad here?
Mr. Niewenhuis replied that there is a main line that runs just west
of the facility. The spur will tab in from the north side of the
building and come back in.
Chuck Deshaine asked how much use will you be getting out of this?
The applicant replied that we are currently loading and unloading 25
to 30 cars a month and this will give us the opportunity to grow even
more.
Motion
Beth Roger moved and Jim Hickey supported the motion to grant the
request to install a 30 x 75 ft. canopy to be used for a proposed
railroad spur on the lot line instead of the required 20 ft. setback.
The variance is necessary for the preservation and enjoyment of
a substantial property right similar to that possessed by other
properties in the same zoning district and in the vicinity. There
is a rail running adjacent to the property. Due to a change in
ownership of the rail line from the CSX to the Marquette RR, it
has become more economically feasible to build a rail spur to
serve 2474 Turner.
The variance is necessary for the preservation and enjoyment of
a substantial property right similar to that possessed by other
properties in the same zoning district and in the vicinity. A
warehouse served by a rail spur located in a heavy industrial
district used to be very common. Over the past several years, many
rail spurs have been eliminated.
Authorization of the variance will not be of a substantial
detriment to adjacent property and will not materially impair the
intent and purpose of the ordinance or public interest in that the
granting of this variance will only affect the building in
question and only to the extent that the facility is controlled by
the applicant. The rail spur will not affect any traffic, whether
pedestrian, vehicular, rail, or parking.
The condition or the situation of the piece of property or the
intended use of the property for which the variance is sought is
not of so general or recurrent a nature as to make reasonably
practicable for the formulation of a general regulation. The
addition of this rail spur is very specific to this facility. The
formulation of a general regulation would not be warranted.
Does not apply.
Motion carried 7 to 0.
Motion
Jim Hickey moved and Chuck Deshaine supported the motion to approve
the Zoning Board of Appeals minutes of May 24, 2007.
Motion carried 7 to 0.
Motion
Roger Crabtree moved and Tyler Korfhage supported the motion to
adjourn the Zoning Board of Appeals meeting at 7:20 p.m.
Motion carried 7 to 0.
_________________________
Roger Crabtree, Secretary
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