ZBA Minutes
MEETING
CITY OF WALKER
ZONING BOARD OF APPEALS
Thursday, June 28, 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; Tyler Korfhage; Beth Rogers; Randy Smith; and Brian Boelens,
Alternate. Member absent: James Hickey. Also present: Jeff Nelson,
Building/Zoning Administrator; John Stuyfzand, Building Dept. and Bonnie
Antcliff, Recording Secretary.
DECISION AND ORDER
Legal Description
Property located at 2500 Turner, NW also known on the tax rolls as
41-13-12-120-06. Hearing requested by Turner LTD.
The applicant’s request is to have permission to hold an outdoor
concert for the Rally for Hope & Hunger, July 28, 2007.
Finding of Facts
Robert Marz, Chairman reviewed the application and site plan
submitted. No other citizen appeared with respect to this request.
John Wheeler, Rockford Construction Co. explained the program for the
Rally for Hope & Hunger. The program is to raise funds for God’s Kitchen
and the cancer research program for the Van Andel Institute. The riders
start at the Cannonsburg Ski Lodge and ride for about an hour. He went
on to say that we raise about $70,000 to $80,000 a year. Mr. Langlois
has agreed to let us use the parking lot at the Delta Plex. We ride
until about 12:30 p.m. and then we have a local band, Midlife Crisis,
that plays about an hour and then Hal Ketchum will come on and play. We
have a fenced in area and we sell beer and wine. We have a liquor
license and it is well patrolled. We finish up at 5:00 or 5:30 and we
wrap it up by 6:00 p.m. It has been a good event for the past eight
years. We met with the Police Department and staff and the Fire Dept.
and we have met their requirements without any issues. God’s Kitchen
cooks the food and sells it. All the proceeds go to God’s Kitchen. This
is their biggest fund raiser for the year. We normally get 500-600
bikes.
Robert Marz, Chairman then read a memo from the Fire Dept. dated June
22, 2007.
Chuck Deshaine asked Lt. Cramer, Walker Police Dept. if he had any
comments concerning this application.
Lt. Cramer stated that the Police Dept. has met with this group and
they have met all requirements and we support their effort and support
this variance.
Beth Rogers stated that she felt honored that they have chosen Walker
as a place to hold this event. She felt it would great for the City.
Jeff Nelson stated that he would like to see the Board grant this
variance for each year should they want to come back without them coming
back to the Board each year.
Motion
Beth Rogers moved and Chuck Deshaine supported the motion to grant
the applicant’s request to have permission to hold an outdoor concert
for the Rally for Hope & Hunger, July 28, 2007.
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. This
is a charity event.
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. The
City of Walker holds similar events such as the Walker City
Festival and several others.
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
given the current location, size and configuration, sight easily
accommodates this proposed use.
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. This is a
one time a year event.
Does not apply.
The Board imposed the following condition:
1. Approval from the Police and Fire Dept. for future events and the
applicant will not have to come back to the Zoning Board of Appeals
unless problems occur.
Motion carried 7 to 0.
DECISION AND ORDER
Legal Description
Property located at 184 Rosebud Lane also known on the tax rolls as
41-13-12-120-06. Hearing requested by William Schaefer.
The applicant’s request is to install an in-ground pool 6 ft. from
the dwelling instead of the required 10 ft.
Finding of Facts
Robert Marz, Chairman reviewed the application and site plan
submitted. No other citizen appeared with respect to this request.
Jeff Nelson stated that the application reads it is 6 ft. from the
house but the drawing shows that it is also in the side yard and the
notice did not include that so this has to be renoticed.
Motion
Tyler Korfhage moved and Roger Crabtree supported the motion to table
the applicant’s request to install an in-gound pool 6 ft. from the
dwelling instead of the required 10 ft. until July 12, 2007. The notice
to include that this will also be in the side yard.
Motion carried 7 to 0.
DECISION AND ORDER
Legal Description
Property located at 1625 Vinecroft, NW also known on the tax rolls as
41-13-10-431-001. Hearing requested by Dean Sein.
The applicant’s request is to alter a non-conforming mobile home park
by splitting a single family home off of existing parcel with a 3 ft.
side yard and a 33 ft. front yard.
Finding of Facts
Robert Marz, Chairman reviewed the application and site plan
submitted. No other citizen appeared with respect to this request.
Mr Sein submitted a letter from the neighbors supporting this
request.
Robert Marz asked if this was paved in the back?
Mr. Sein replied that it is paved in back of the house.
Tyler Korfhage asked the applicant if he planned on selling the
house.
Mr. Sein replied that no, but he wanted to have it separated and if
he decides he wants to sell it down the road, it will be separated. He
went on to say that he is possibly considering developing this area into
homes instead of a mobile home park.
Tyler Korfhage stated that the northwest side of this home is paved
and it looks like cars park on it from the mobile home park.
Mr. Sein replied that it used to be a road and that is where the
driveway will go if it is split on the 33 ft. side. On the back there
used to be a garage.
Roger Crabtree stated that 56 ft. is not a very wide lot.
Jeff Nelson replied that the house is located on lot 65 and that is a
platted lot. We could not gain any more room on the 3 ft. side because
that is someone else’s house and not part of this property. It is an old
non-conforming lot.
Motion
Chuck Deshaine moved and Randy Smith supported the motion to grant
the applicant’s request to alter a non-conforming mobile home park by
splitting a single family home off of existing parcel with a 3 ft. side
yard and a 33 ft. front yard.
There are exceptional or extraordinary circumstances applicable
to the property in question as to the intended use of the property
that do not apply generally to other properties in the same zoning
district. The single family home and mobile home park are now
located on the same parcel. By splitting off the house, it will
comply with the single family zoning district except for setbacks.
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. This
will make the house conforming with other single family homes in
the SA District. 1739 Vinecroft, 1741 Vinecroft, and 2245 Bristol.
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
this split will not create a visible change in the existing
business or existing single family home.
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. This is
an existing non-conforming use and would not be allowed under
today’s zoning requirements. Mobile home parks are now only
allowed in the RMT District.
Does not apply.
Motion carried 7 to 0.
DECISION AND ORDER
Legal Description
Property located at 3147 Fruitridge, NW also known on the tax rolls
as 41-13-05-301-10. Hearing requested by TWR Properties.
The applicant’s request is to maintain existing gravel loading and
unloading area from railroad spur with gravel surface instead of a
dustless and durable all weather surface for Standard Lumber.
Finding of Facts
Robert Marz, Chairman reviewed the application and site plan
submitted. He then read a memo from the Engineering Dept. dated June 26,
2007. No other citizen appeared with respect to this application.
Jeff Peel, Standard Lumber stated that it was always our intention to
fully improve the site and at some time to pave it. We hope to expand
the facility and hire more people. The building business has
deteriorated and we hope to improve the facility and bring it into full
compliance when the building business recovers. The whole site was in
poor shape when we acquired it. There were only a couple of inches of
gravel mixed in with the clay. We removed all the clay and put 12 in. of
sand down with fabric. We did put crushed concrete on it. It was not one
to three, it was the base that you would use for paving. There are stone
walls in the ditch to keep the water and sediment back.
Beth Rogers asked why they put the fine concrete in there instead of
what was required in the first place?
Mr. Peel replied that he did not know the difference between the
crushed concrete. The fine was put in there for paving.
Ms. Rogers replied that she had an issue with this, since they did
not do it right the first time.
Mr. Peel stated that when they go to fully improve the site, we will
submit a new drawing. Right now it shows it with gravel and we do need
it paved. We do not have the funds to do it at this time and we would
like to wait until business improves. We will fully improve it with a
detention pond and approved by the engineering department.
Jeff Nelson stated that a time could be stipulated for this to be
done. A soil erosion permit will have to be in effect until this is done
and the engineering department wants this done as soon as possible.
Roger Crabtree stated that they were here for a variance 8 years ago
and he felt that the paving should coincide with the construction of the
building. He felt that the cost of paving is much more now than it would
have been at the time of construction 8 years ago.
Mr. Peel stated that was the previous owner which was Wickes Lumber
who is now bankrupt.
Charles Deshaine asked what kind of time line were they thinking?
Mr. Peel replied that they felt they should be recovered by 2009.
Randy Smith stated that he was at the site yesterday and there had
been a fair amount of rain from 3 Mile to 4 Mile in about 5 minutes
where you had to stop the car because you could not see. At that time he
stopped by the site and walked through the site and he did not feel
there was an issue. He did look down into the storm sewer basins and did
not see any sediment collecting in the catch basins.
Bob Marz felt that 5 years was a stretch for this timeline. He went
on to say that we are trying to work with businesses but 5 years is too
long.
Tyler Korfhage stated that it bothered him that specific instructions
were given and it was not followed. The second issue is that there is an
open ended variance that has been here for years. There should be steps
taken to remedy the situation.
Bob Marz asked if we granted this on a year basis, would they have to
come back here? That way we could keep control on it.
Charles Deshaine stated that he would like to give them a year and
have them come back then.
Roger Crabtree asked if there was something they could do to prevent
the sediment from washing away?
Bob Marz replied that crushed concrete packs pretty well and the
surface is pretty hard already.
Roger Crabtree felt that perhaps there should be a silt fence along
the ditch to hold it back.
Jeff Nelson stated that he did not feel the Engineering Department
would like to see this go on for another 5 years.
Motion
Beth Rogers moved and Randy Smith supported the motion to approve the
applicant’s request to maintain existing gravel loading and unloading
area from railroad spur with gravel surface instead of a dustless and
durable all weather surface for Standard Lumber for a one year period.
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. This
site was a gravel site when purchased which needed repair to
continue to operate and reduce the risk of personal injury,
without the repair we could not continue to operate the site.
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. Other
businesses that have similar drives and surface areas are Jack
Dykstra Excavating on 3 Mile Rd. and a business on the corner of 3
Mile and Calann.
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
while repairing the site, every attempt not to allow run off and
improve the site was made. The repairs that were made to the site
has had no adverse effects on the area. We continue to have an
active soil erosion permit. The City of Walker Engineering Dept.
continues to inspect the site monthly.
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 rail
spur is fully functional now and ads value to all businesses on
this rail line, our traffic on this line allowed the railroad the
funding to improve the entire line. The site is functional as it
stands today and our intentions are to fully improve the site to
meet the zoning requirements when the building business improves
in the next few years.
Does not apply.
Motion carried 6 to 1. Tyler Korfhage opposed.
DECISION AND ORDER
Legal Description
Property located at 3738 Northridge Dr., NW also known on the tax
rolls as 41-13-05-176-002, 003, & 004. Hearing requested by Abby
Investments.
The applicant’s request is to operate a commercial thrift shop outlet
store in conjunction with the permitted wholesale bakery.
Finding of Facts
Robert Marz, Chairman reviewed the application and site plan
submitted.
Jeff Nelson stated that this is an industrial area. Although we allow
some retail sales in the industrial area as incidental, this exceeds the
10%.
Chris Popp, Aunt Millies stated that the company is a midwestern
company with about 1,000 employees in Michigan. This facility will
employ about 20 people. The thrift stores are an essential part of the
operation although the primary use of this is a distribution facility
with retail trucks that deliver to retail stores.
Arnold Grover, Grover Real Estate stated that there are
commercial ventures on Fruitridge Ave. north of the freeway. There is a
gas station and on the corner of 4 Mile Rd. there will be a bank on the
southeast corner. This will be a very minimal retail impact on that
area. This location was Wickes Lumber some years ago. This corridor has
some retail in it. This location will allow easy in and out access.
Tyler Korfhage asked when will this be built?
Mr. Pipp replied that as quickly as possible and as soon as late
summer. This will be a distribution center and there will be no baking
on this site.
Motion
Charles Deshaine moved and Tyler Korfhage supported the motion to
grant the applicant’s request to operate a commercial thrift shop outlet
store in conjunction with the permitted wholesale bakery.
a. 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 small outlet store
like the one being proposed could comfortably fit in many of the other
surrounding large industrial buildings on Fruitridge Ave. without
significantly impacting the primary use of the industrial zoning
district.
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. The
primary use of the property is compatible with the zoning district
which will be the distribution of fresh bakery goods to area
supermarkets and restaurants. A majority of bakery distribution
centers throughout the United States allow these small outlet
stores which is a necessary part of the over all operation of the
business.
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
proposed outlet store and distribution center will be on the
southeast corner of Fruitridge Ave. and Northridge Dr. It will
offer easy in and out access for customers using the outlet store
and minimize traffic to the rest of the Fruitridge Industrial Park
north and the future extension of Northridge Dr.
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
proposed thrift store will comprise only 11% use of the over all
operation at this location. This thrift store will offer reduced
prices on bakery goods that go unsold in supermarkets and
restaurants. It provides a service to the community and is
especially helpful to people who may be on fixed incomes.
Does not apply.
Motion carried 7 to 0
Motion
Roger Crabtree moved and Beth Rogers supported the motion to approve
the Zoning Board of Appeals minutes of June 14, 2007 with correction.
Motion carried 7 to 0.
Motion
Roger Crabtree moved and Tyler Korfhage supported the motion to
adjourn the Zoning Board of Appeals meeting at 8:20 p.m.
Motion carried 7 to 0.
______________________
Roger Crabtree, Secretary
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