ZBA Minutes
MEETING
CITY OF WALKER
ZONING BOARD OF APPEALS
Thursday, July 12, 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; Brien Boelens,
Alternate; Tyler Korfhage; James Hickey; John Tuffelmire, Alternate; and
Randy Smith. Members absent: Beth Rogers and Charles Deshaine. Also
present: Jeff Nelson, Building/Zoning Administrator, John Stuyfzand,
Building Dept. and Bonnie Antcliff, Recording Secretary.
DECISION AND ORDER
Motion
James Hickey moved and Roger Crabtree supported the motion to remove
184 Rosebud from the table.
Motion carried 7 to 0.
Legal Description
Property located at 184 Rosebud Lane also known on the tax rolls as
41-13-29-407-003. 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. in the partial side yard
instead of the rear yard.
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 this application has been re-noticed.
Motion
Tyler Korfhage moved and Randy Smith supported the motion to grant
the applicant’s request to install an in-ground pool 6 ft. from the
dwelling instead of the required 10 ft. in the partial side yard instead
of the rear yard.
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.
Minimal lot space is available to locate a swimming pool due to a
15 ft. drainage easement running east to west along the side of
property line and a 20 ft. storm water floodway easement running
north to south along rear of property line. The proposed location
of the pool takes these easements into account by not placing any
feature within them but places 5 linear ft. of the pool wall
within 6 ft. of the dwelling and a corner of the pool within 8.3
ft. of an existing deck.
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. 3656
Deena & 3678 Kinview.
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
with the pool wall within 10 ft. of the corner of the dwelling,
there will be no safety detriment due to the dwelling roofline
being 25 ft. above ground level making it highly improbable for a
person to access that level to jump into the pool. 3 ft. of steps
lead into the shallow end of the pool at the corner which is 8 ft.
from the deck. A black chain link fence totally encompasses the
pool with one way locks that will be constructed to provide
safety.
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. Since the
pool is fully within our lot line, is in-ground, and will also
have patio surrounds with landscaping, it will not be a problem to
neighboring lots. Since this particular lot has 2 bordering
easements requiring 2,955 sq. ft. of lot space, making this an
exceptional situation and ordinance change is not needed.
Does not apply.
Motion carried 7 to 0.
Motion
Tyler Korfhage moved and James Hickey supported the motion to waive
the 5 day waiting period.
Motion carried 7 to 0.
DECISION AND ORDER
Legal Description
Property located at 2425 Turner, NW also known on the tax rolls as
41-13-12-178-003. Hearing requested by American Furniture Depot.
The applicant’s request is to use approximately 40% of the existing
building for floor display and retail sales in conjunction with the
wholesaling, distribution, and warehousing operation. This exceeds the
10% incidental use allowed.
Finding of Facts
Robert Marz, Chairman reviewed the application and site plan
submitted. He then read a memo from the Fire Department dated July 11,
2007. The Planning Dept. recommends that this request be denied. No
other citizen appeared with respect to this request.
Mr. Mark Macheca, owner of American Furniture Depot stated that we
opened a new location in Grand Rapids in the City of Wyoming in January
of this year. That was opened to create a wholesale distribution center
for our apartment and hotel distribution business planning as well as
create a distribution center for our planned retail locations in other
Michigan towns including Lansing, Muskegon, Kalamazoo and Battle Creek.
As a result of some of our wholesale contacts we began to see an
increase in retail traffic at that distribution center. The challenge
that we face in this market is there are not a lot of mixed use zoning
areas, that we can have the retail presence in the traffic that we need,
to have a viable business from a retail perspective and also the
attached warehouse size and appropriate distribution capability that we
need to be successful. The location owned by Mr. Kingma provides us that
location and the appropriate mixed use of what we have in an area that
has seen traditional retail type transactions. If this zoning is not
approved, we will most likely be terminating our lease in Wyoming and
our presence here in western Michigan.
James Hickey asked about the parking situation here should this
variance be granted.
Jeff Nelson replied that those are some of things that will have be
addressed should this variance be granted. There is more parking
required for mercantile use than for industrial use.
Roger Crabtree asked what area within this building is proposed for
retail use and under preservation of rights, how much retail area do any
of these businesses as neighbors have?
Jeff Nelson stated that he thought that United Rentals was primarily
retail and Graybar also. When the retail exceeds 10% under the building
code, which is what we use, it is not incidental. When it is 10% or less
that is allowed.
Bob Marz stated that there is not any zoning that we currently have
where this business would fit in.
Jeff Nelson stated that if a majority of their business was wholesale
then they would be out of compliance and since there is more than 10%
retail they would also be out of compliance.
Mr. Mecheca stated that the retail portion of the business would be
towards the dock doors. Part of the retail space will actually be
showroom space that we will use for the wholesale sales as well. When we
say 30-40%, that is actually what our whole showroom space will be.
There are product lines that cross both retail and wholesale sales. The
overhead doors will be used for loading customer’s merchandise.
Roger Crabtree asked about the office space.
Mr. Mecheca replied we will have one office here and will most likely
be using it as a lock storage area for smaller items such as paintings,
lamps and such would be stored in that area. We do not have a large need
for an office space.
James Hickey asked how many employees will you have here?
Mr. Mecheca replied that we have one area manager and we currently
have 3 sales representatives, 2 warehouse employees and we would do
subcontracting for delivery. We do not have delivery so traditionally we
contract with delivery companies.
Robert Marz, Chairman stated that no matter where we put this
operation, it will not fit with the zoning.
Tyler Korfhage stated that this will not infringe upon the
neighborhood.
Motion
James Hickey moved and Brian Boelens supported the motion to
approve the request to use approximately 40% of the existing building
for floor display and retail sales in conjunction with the
wholesaling, distribution and warehousing operation. This exceeds the
10% incidental use allowed.
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 nature of the business requires a retail component to be
included with the distribution, warehousing and wholesaling of the
applicant’s particular product.
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
variance is necessary to preserve the enjoyment and substantial
property rights possessed by other properties in the same zoning;
Graybar, Dulux Paints, United Rentals, Fastenal Co., Fuller Supply Co.
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
authorizing such a variance will not be a detriment to surrounding
property.
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 requested variance is
not a common use for these type of properties. The majority of floor
space will be used for warehouse and distribution purposes.
Does not apply Motion carried 7 to 0.
Motion
Randy Smith moved and Brian Boelens supported the motion to approve
the Zoning Board of Appeals minutes of June 28, 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 7:35 p.m.
Motion carried 7 to 0.
___________________________
Roger Crabtree, Secretary
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