ZBA Minutes
MEETING
CITY OF WALKER
ZONING BOARD OF APPEALS
Thursday, July 26, 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; James Hickey; and John Tuffelmire,
Alternate. Member absent: Randy Smith. Also present: John Stuyfzand,
Building Department and Bonnie Antcliff, Recording Secretary.
DECISION AND ORDER
Legal Description
Property located at 3787 Remembrance Rd. also known on the tax rolls
as 41-13-17-176-006. Hearing requested by Linda Peters.
The applicant’s request is to paint a 4 x 30 ft. sign on the side of
the building which will make the total signage for the parcel 143 sq.
ft. instead of the 121.5 sq. ft. allowed.
Finding of Facts
Robert Marz, Chairman reviewed the application and site plan
submitted. No citizen appeared with respect to this request.
Linda Peters stated that 2 years ago when we bought this business we
made a commitment to the City of Walker. She went on to say that we need
the sign for visibility for those traveling down Remembrance Rd. The
sign will improve the looks of the building. There is an empty lot next
door. We maintain the 81 ft. plus 210 ft. frontage and our parking lot
is on this frontage.
Churck Deshaine asked what the sign will look like?
Ms. Peters showed the Board what the sign will look like.
Tyler Korfhage stated that he did not think the application reads
right. There is a sign on the northwest side of the building now that is
about 4 x 30 ft. and the sign by the road is there and the applicant
wants an additional sign on the side of the building so the total
signage for the whole property will be approximately 240 sq. ft. If they
are asking for 143 sq. ft., which is what the notice says, they are not
asking for the right thing.
James Hickey stated that they already have well over 143 sq. ft. by
taking the sign on the side of the building and the pylon sign that is
out front. Now they are asking to build another sign on the southeast
side of the building which will add another 120 additional sq. ft.
The Board concluded that this ordinance will be decided under the old
ordinance as opposed to the new ordinance.
Ms. Peters stated that her lot description says she has 81 ft. of
frontage. The parking lot and part of her playground is in the easement.
Motion
Roger Crabtree moved and Tyler Korfhage supported the motion to table
the applicant’s request until August 23, 2007 to renotice this request
for the total signage to read 240.5 sq. ft. instead of the 121.5 sq. ft.
allowed.
Motion carried 7 to 0.
DECISION AND ORDER
Legal Description
Property located at 4089 Remembrance Rd. also known on the tax rolls
as 41-13-07-426-14. Hearing requested by Pro Collision.
The applicant’s request is to be judged similar to the permitted use
in the ML District to include the occasional sale of vehicles.
Finding of Facts
Robert Marz, Chairman reviewed the application and site plan
submitted. No citizen appeared with respect to this request.
John Stuyfzand stated that car sales are only allowed in a C-4
District. They are asking to be judged similar to. Another similar
situation was the Dykstra operation on 3 Mile.
James Hickey asked if this property is sold in the next 6 months
could someone come in with a Class B license and make this a used car
lot?
Robert Marz replied that they could with the same stipulations.
Charles Deshaine asked how are you going to advertise or display a
vehicle for sale?
Mr. Shusta replied that he will probably not put a car out there but
will bring it home and try to sell it there rather than try to sell it
in front of a collision shop.
Roger Crabtree asked if these are vehicles that the applicant
currently owns?
Mr. Shusta stated that he has courtesy vehicles that he owns.
Robert Marz, Chairman stated that if the applicant fixes a car and
wants to go to the auction to sell it rather than retail it, or he goes
to the auction and wants to buy something, he needs a license to do
that. The State of Michigan requires that on premise you have a book of
vehicles that you are listing under a Class B license and the State can
come in at any time and examine that. It has to be approved by the local
municipality and the license can be issued. He still has to abide by the
City restrictions. He is looking to get a license and not necessarily
sell vehicles from his business. He cannot ever go to an auction without
a license.
John Stuyfzand stated that the Building Department recommends that
the applicant be limited to number of cars and specify a specific
location on the property.
Motion
James Hickey moved and Charles Deshaine supported the motion grant
the applicant’s request to be judged similar to the permitted use in the
ML District to include the occasional sale of vehicles.
The Board imposed the following conditions:
1. The applicant be limited to one car at a time and in the last
parking spot to the east.
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. We are requesting a C-4 zoning to be used along with our
current ML zoning. We would like to obtain a Class B dealer’s
license which in the auto industry ties together. This would allow
us to replace our courtesy vehicles from time to time.
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. Taber
& Ottenwess repair, sells and retails. Riverbend Auto also has a
dealer’s license.
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
premises will look the same as it does now. One vehicle will be
occasionally displayed.
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
practicle for the formulation of a general regulation. We are not
opening or operating a used car lot.
Does not apply.
Motion carried 7 to 0.
Motion
James Hickey moved and Tyler Korfhage supported the motion to approve
the Zoning Board of Appeals minutes of July 12, 2007.
Motion carried 7 to 0.
Motion
Roger Crabtree moved and Beth Rogers supported the motion to adjourn
the Zoning Board of Appeals meeting at 7:55 p.m.
Motion carried 7 to 0.
___________________________
Roger Crabtree, Secretary
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