ZBA Minutes

MEETING
CITY OF WALKER
ZONING BOARD OF APPEALS
Thursday, July 10, 2008
7:00 p.m.

The meeting of the Zoning Board of Appeals was called to order at 7:00 p.m. at City Hall, 4243 Remembrance Rd., N.W., Walker, Michigan.

Members present: Robert Marz, Chairman; Roger Crabtree; Charles Deschaine; James Hickey; Brian Boelens, Alternate; and Beth Rogers. Absent were Randy Smith and Tyler Korfhage. Also present: Jeff Nelson, Building Official; and Bonnie Antcliff, Recording Secretary.

Chuck Deschaine moved and Jim Hickey supported the motion to remove 4290 Lake Michigan Dr from the table.

Motion carried 6 to 0.

Property located at 4290 Lake Michigan Dr NW. also known on the tax rolls as 41-13-30-201-044. Hearing requested by Donald Vos.

The applicant’s request is to be judged similar to the permitted uses in the C-1 and C-3 district and to include the sales and service of motorcycles.

Robert Marz, Chairman reviewed the application and site plan submitted.

Dan Vos from Reliable Sport appeared on behalf of this request.

Robert Marz stated that if he remembered from the last meeting that Mr.Vos would like to service motorcycles at this site is that correct?

Don Vos replied that his customers want service. He explained that he use to be a Honda, Yamaha, Suzuki dealer until they sold out to Shawmut Hills. He has a lot of experience selling motorcycles. Mr. Vos explained that his customer’s biggest complaint is that they do not have support for the service of the products that they sell. They want the ability to offer service to their customers as well as sales. They have the space for the service they have the building in the back for mechanics and so forth.

Charles Deschaine asked if the applicant was asking for outside sales?

Robert Marz stated that they were.

Mr. Vos explained that at another billiards store in Minneapolis they sell scooters in the summer which has helped to off set their billiards sales which is normally a fall and winter business. Since gas is at $4.00 a gallon and rising, the request for scooters has been tremendous so this is what has prompted them to start selling the scooters.

Charles Deschaine stated that the outside sales are not allowed in this district correct?

Robert Marz explained that this is correct.

Jeff Nelson stated that the outside sales was not put in the notice. Jeff explained that he talked to the applicant and explained to him that the outdoor sales was not noticed and the applicant did not request outdoor sales on his application. Jeff explained that we would need to re-notice this for outdoor sales.

Charles Deschaine stated that the outdoor sales at this site has been happening for over 2 weeks and is still there today.

Don Vos stated that there are several different ways of parking the scooters outdoors. He explained that one of the scooter is his, he bought it and has it parked in a parking spot. The rest of the scooters are parked in front of the store underneath the porch. He explained that if outside sales is a real stickler he can put them inside, but he doesn’t know how someone would buy a scooter if they were not able to test-drive one.

Charles Deschaine explained that he agrees with the applicant, but outside sales is not allowed in this district. Chuck stated that the outside sales should not be going on right now correct?

Jeff Nelson explained that this was correct.

Charles Deschaine stated that he thought the applicant understood that?

Don Vos asked what the scope of the Standale Business District is and what he is missing? He has never seen the master plan of what the Planning Commission is trying to create. He explained that downtown Holland is trying to create a district for restaurants he understands that, but he does not understand what the Planning Commission is trying to create in the Standale Business District.

Jim Hickey explained that the City of Walker Planning Commission conducted a study of the Standale Business District, which is from the county line to Kinney Ave. The study that was conducted showed there should be no outdoor sales or display of product in the Standale area. The Master Plan Committee also recommended there should be no outside sales or display of product in this area other than the sidewalk sale, which is for 3 days in August. The master plan was accepted with no outdoor sales or display of product in the Standale Business District.

Jim Hickey explained that the Planning Commission has worked very hard to achieve what the study has shown for the Standale Business District.

Don Vos asked what about the outdoor sales of produce at Potters Orchards?

Jim Hickey stated this is a seasonal type business.

Don Vos stated that he would be a seasonal type business.

Jeff Nelson explained that the Potter Orchards was a separate temporary permitted use in the district.

Don Vos explained that he is an entrepreneur trying to be able to pay his taxes and right now scooters would help him.

Robert Marz stated the 49cc is where the problem is. If a licensed scooter is driven to his store and parked there, there isn’t a whole lot they can do about that. If you are going to display the scooters outside on the porch this is not a legal use in this district. The repair of any cycles is not allowed in this district. If the scooters were going to be stored inside Mr. Vos would need to comply with the requirements of the letter submitted from the Fire Department. The other problem with granting a variance for this property is that it does not go with the business if a variance is granted it stays with the property.

Don Vos stated that when he went to visit his daughter in Spain there were scooters everywhere. With the rising cost of fuel in Spain they had to adopt a different way of life since the scooters are so economical. The applicant stated that the Board should keep an open mind to this because with the rising cost of fuel things are going to change.

Robert Marz stated the applicant could go before the Planning Commission to ask for a rezoning for this site.

Don Vos stated that things have changed with the rising cost of fuel this is why he went for a variance.

Robert Marz he understood the applicant can sell the 49cc’s and under he doesn’t have a problem as long as he does not display them on the porch in front of his business. When you want larger then the 49 cc’s you need a Michigan license for automobiles and this is when we have a problem which opens Pandora’s box for the future of this site.

Don Vos stated that his brother had a similar store in Holland, which he had to apply for a variance and it was granted. His brother got the state licensing, etc. Mr. Vos explained that if he wanted to he could push the scooters inside and put one outside with a license plate on it run the paperwork through Holland, he could do this but he is trying to be up front and do it the right way.

Robert Marz stated that he admired him for that, but he needed to understand the Board’s decision of what could happen in the future with this site.

Don Vos asked if there was a way to grant the variance and state that the variance was granted only for the present owner?

Robert Marz stated that when a variance is granted it goes with the property not the owner.

Don Vos asked if the Board understood they are not looking to sell cars, trucks, etc. only scooters.

Robert Marz stated they understood this, but in 10 years things could change and then there could be used cars being sold there, etc.

Charles Deschaine stated that a business could go into the adjacent property and then come for a variance and say the property next to their property is selling scooters why can’t we sell snowmobiles?

Beth Rogers asked the applicant if the service that they would be doing is in the back part of the building where would they be testing the scooters?

Don Vos explained that the scooters that were licensed could be tested on Wilson or Lake Michigan Dr. The smaller scooters would be tested right on a rack in the backroom. Most of the service would be changing a tire, rebuilding a carburetor; it would not require much road testing.

Beth Rogers commented that she has really given this variance request a lot of thought there are a couple of other businesses in this area that are less appealing to the eye. She doesn’t want the Board to miss an opportunity to bring some type of business to the area, since she has lived in the Walker area, the Standale area has not been going up hill. She wants the Board to be sure they are thinking about the future progress in this area. She asked if the applicant could come back with a plan, which she mentioned at the original hearing that would be similar to the Shawmut Hills business, which is very appealing to the eye and brings business to that area. She asked the applicant if he was willing to do something more upscale then just doing the service at this site? She stated that if the applicant could show the Board that this is going to be a nice looking place and this is going to really increase the business in our community and make it better for the community as a whole, then she wouldn’t have a problem with this. Beth stated that she is not against progress and she’s not against selling motorcycles.

Don Vos stated that there are very upscale businesses in the area, but with this tough economy it is very hard to come up with payroll, etc. He stated that he needs to do whatever he can do to be successful and has to look for the next opportunity. Don explained that his father started a bicycle business in his backyard 75 years ago when he was 12 years old during the depression. After that he was a Schwinn bike dealership then a Honda-Yamaha- Suzuki dealership and sold over a million dollars a year. They then sold out to Shawmut Hills and with the agreement that they would rent their building in Holland, they were in Holland for 2 years and went back to Grand Rapids with their business. Shawmut Hills has a monopoly on the Honda-Suzucki dealership and they have a large audience for a controlled area with no competition.

Don Vos stated that it his intent to put a brick front on the building and class up the shop and it takes money to do this kind of thing.

Robert Marz stated that he sympathizes with Mr. Vos but they would have to have the DDA at least sign off on this variance. Without the approval of the DDA he has a hard time granting this variance.

Charles Deschaine explained that if the applicant came in with approval from the DDA this would be easier to grant. Charles stated that he has seen a lot of activity at this site, which is good for the applicant’s business. Chuck stated that he noticed that most of the test-driving is in the parking lot of the business.

Jim Hickey moved and Roger Crabtree supported the motion to deny the applicant’s request to be judged similar to the permitted uses in the C-1 and C-3 district and to include the sales and service of motorcycles. The Board failed to see anything extraordinary or exceptional about this piece of property.

Motion carried 6 to 0.

DECISION AND ORDER

Property located at 3147 Fruit Ridge NW also known as 41-13-05-301-010. 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.

Robert Marz, Chairman reviewed the application and site plan submitted.

Tim Rottschafer with Standard Lumber appeared on behalf of this request.

Bonnie Broadwater Engineering Programs Coordinator with the City of Walker Engineer’s Office stated that were a couple of issues she brought to the Board’s attention in her memo dated May 30, 2008, that she would like to go over. In October of 2005 the applicant brought in a soil erosion control permit and submitted a plan to the Engineering Department for review. At that time the Engineering Department agreed to waive the requirements for The Storm Water Detention because of the proposed design that they brought to them. Standard Lumber proposed a 12" sand sub-base with 6" of crushed concrete (1"-3") over filter fabric the reason this is important is because the spaces between 1"- 3" stone allows for storm water to infiltrate into the ground. With the fines that are in the material that is currently on the site, the storm water cannot perk into the ground and it is running off into the drainage swale that is to the North which discharges that water into a regulatory wetland. The DEQ requires a permit for impact to that wetland so when the storm water runs off and is full of the fines in the parking lot, it is an environmental issue. Also the property owner to the West of the Standale Lumber property when they built on that site, was required to protect the wetlands. Jack Dykstra’s property to the West of the Standale Lumber property was required to put up signs, provide storm water detention and do all kinds of things to protect the environmental quality of those wetlands. Bonnie stated that she thinks it is important to stay consistent with what is required with each property owner protecting the wetland areas. Bonnie stated that the applicant did agree to the conditions of the parking lot on the plan that was brought in before the permit was issued. During subsequent inspections that she performs each month she noticed that the materials that were placed on the drive were not what was proposed or approved on the plan.

Tim Rottschafer explained that Miles Construction gave them a bid and the material to specifications, and they were the low bid. Tim stated it wasn’t until the job was completed that Bonnie went to the job and noticed that the material that was used was not to specifications. Tim explained that how the property functions, he thought this was critical, after all this rain we just had there is no detriment to the community. All they did was restore the site they didn’t do anything new. The property was mixed with mud and clay they leveled it all out and put down stone, put a water base underneath, and they cleaned out the drainage ditches, and put in stone gates, which stop any sediment, which may be going through it. The property is functioning very well even though they did put the wrong material on top, but that was unbenounced to Standard Lumber, but it does work.

Robert Marz asked Bonnie Broadwater if there are fines running off of this site?

Bonnie Broadwater explained that she has seen and documented fines running off the property and there are sediment stains on some of the vegetation that she’s noted on several of her inspections. The fine materials are running into the drainage channel and that drainage channel does discharge to a regulatory wetland.

Tim Rottschafer stated there might be some sand or dirt in the drainage channel but is off of their parking area or off of the bank behind them where the railroad track goes the whole area is dirt with grass growing over it. Tim stated that he walked on the property last week to take a look to see if they were having a big impact on anything and there are fines, but it is no different than the curb in front of your house where there is sediment and he does not know where it comes from. The way the property is sloped the buffer does not slope toward the drainage ditch, the bulk of it for the drainage ditch is behind the property where the railroad track is. Tim stated that all the water is contained.

Robert Marz asked the applicant when they first came to the Board he indicated that because they just took over the site and it was going to be a great expense to take care of the driveway with pavement and they needed some to time get enough revenues. Robert stated that that was probably one of the reasons they granted the variance originally. Robert asked the applicant how much time they are going to need before they need to bring this up to code? Is this going to be an ongoing thing forever?

Tim Rottschafer asked Robert if he could tell him when the housing industry is going to turn around?

Robert Marz stated he didn’t know that answer.

Tim Rottschafer didn’t know the answer to that. According to Miles Construction, if that work was going to be done last year it would be well over $100,000 or perhaps up to $150,000 to remove everything and replace back the sand base and cover it with the gravel or blacktop. Tim indicated that they did not have the money to do that. Tim stated that they employ 25 employees and he stated that business is not good.

Robert Marz asked if they did just trusses at the site?

Tim Rottschafer stated that they do roof and floor trusses and they bring in rail cars of material that they distribute to their other stores.

Jeff Nelson asked if Miles Construction did the job and put in the wrong material then why is Miles Construction not responsible?

Robert Marz stated that if the wrong cover is on there it is to fine and it is suppose to be a 3" aggregate so the water can go through it and now it is packed down hard and the fines are coming off the top and are running into the run off, what do you propose to do about that?

Tim Rottschafer stated that he didn’t think it was going into the run off. He thinks that part of the request was that if any of the Board members wanted to come to the property and take a look at it and see what is happening they could. The fines are no different then the dirt that you find along any property. Tim stated that if you took a shovel along the stone gates you would probably only get 2 shovels worth. They are talking about spending $150,000 for nothing.

Robert Marz asked why the contactors that did the original work can’t be held responsible and come back and do the work correctly?

Tim Rottschafer stated that he said it would bankrupt the company. Tim stated that they had this discussion a year ago.

Jim Hickey asked Bonnie Broadwater if why they didn’t want blacktop on there was because it won’t soak into the ground at all.

Bonnie Broadwater said they did not tell the applicant they couldn’t use blacktop the options were to use an impervious surface such as blacktop or concrete and to provide on site storm water detention or use the larger size stone which would allow the storm water to infiltrate and they would waive the detention requirement. Presuming the larger size stone was less expensive they chose to go with that requirement in lieu of impervious surface with detention, they simply didn’t have the room to provide the storm water detention.

Jim Hickey stated they could use the blacktop if they put in a detention. This is in the B area, which falls into the 25-year plan or the 50-year plan?

Bonnie Broadwater stated that she wasn’t sure, but she would have to look at the chart to tell the exact detention requirements.

Bonnie Broadwater stated that this design was actually intended to allow most of the storm water to infiltrate directly back into the ground.

Tim Rottschafer stated that the storm water does infiltrate into the ground. They do not have any flooding or massive puddles and when it rains, it does absorb into the soil.

Bonnie Broadwater stated that she drove by the site today and saw standing water in their parking lot. The water is not infiltrating, not all of it.

Tim Rottschafer asked if this was on the paved area or on the gravel area?

Bonnie Broadwater stated that there were puddles on the area in question that have fines and there is standing water.

Charles Deschaine asked the applicant if the contractor charged them for the 1" stone or the 3" stone?

Beth Rogers asked the applicant if he thought they were getting what was on the agreement?

Tim Rottschafer stated that he did not know they were putting on the incorrect stone.

Tim Rottschaffer stated that the contractor did not charge them for the 3" stone.

Charles Deschaine stated that they couldn’t hold the contractor responsible because they were not charged for the 3" stone.

Tim Rottschaffer stated that was correct, but they did not know they were buying something less then what was bid for the project.

Robert Marz asked Bonnie Broadwater if the applicant put on the 3" stone today if that would correct this problem or would it hold the water?

Bonnie Broadwater replied that this would not correct the situation the fines create a seal and if he were to put a 3" stone on top of the drive the water would perk down through the 3" stone and get to the layer of fines and stop. The whole design has to be put together in order for this to work.

Roger Crabtree asked if Bonnie knew how thick the layer of fines are that are on top?

Bonnie Broadwater replied that it is probably less thick now then it was when it was first put down because it becomes compacted over time when heavy equipment drives on it.

Roger Crabtree asked if they removed the first layer and maintained the sand base that is there and then put the 3" stone would that solve the problem?

Bonnie Broadwater explained that she thought it could, she is not sure how many of the fines would have penetrated through the blanket into the sand, they would probably need an engineer or someone to review what is in the sand and what has perked through.

Robert Marz suggested that if this application is tabled and if Bonnie Broadwater could go out to the site and determine how much thickness is on the current drive and what could be done with the existing drive.

Roger Crabtree asked how large of an area are they talking about?

Bonnie Broadwater thought it was under an acre.

Tim Rottschafer stated that part of the problem is that there were some exceptions that were given to the previous owners of this site Wickes Lumber; they did not follow through with the agreement because they were in financial trouble. Mr. Rottschafter explained that he did not want to promise the Board that they could do something that they cannot do.

Brian Boelens stated that Wickes Lumber has been at this site for years and wondered if they had the same type of problem with the driveway?

Tim Rottschafer explained that he thought this problem has existed for a long time underneath the building itself along the railroad track it was muck, there was drainage tile that Wickes had stuck in coming out of the ground and each time a vehicle was driven over the tile, it was torn up.

Robert Marz explained that requirements have changed drastically since Wickes Lumber was there.

Jim Hickey asked Bonnie Broadwater what the time span that the Engineering Department would allow Standard Lumber to fix this driveway without issuing a Civil Infraction Ticket?

Bonnie Broadwater explained that the permit is 3 years old. The Engineering Department has sent several notices of violation to try and resolve this issue. Bonnie stated that she thought it would be reasonable to have this issue resolved this year. She understands that there is a significant expense involved which is a separate issue, but in terms on the work it’s peeling back the layer of fine gravel and replacing it with 1" to 3" crushed concrete. Assuming that the non-woven geo tech fabric shown on the plan, as well as, the 12" sand sub-base has not been impacted. This will need to be evaluated to determine if this is still functional.

Robert Marz asked Bonnie Broadwater if she knows if the parking lot has the 12" sand sub-base underneath it?

Bonnie Broadwater stated that she did not know because she only does inspections once a month.

Tim Rottschaffer explained that there is a 12" sand sub-base and the fabric is down this is where the expense of this project is going to be. Everything will need to be torn up underneath which means the fabric underneath will rip.

Bonnie Broadwater explained that at the time the applicant applied for the Soil Erosion Control Permit they indicated to the Engineering Department that they did not have the space to accommodate onsite detention that is why they allowed the 3" stone to allow the storm water to infiltrate in lieu of them placing asphalt.

Jim Hickey asked Bonnie Broadwater if she is only asking the applicant to do what they proposed they were going to do when they took out the Soil Erosion Control Permit in 2005?

Bonnie Broadwater stated that this was correct.

Robert Marz stated that he was trying to see if there were other options for the applicant, but he does not see any other options then what was given to the applicant when they originally applied for the Soil Erosion Control Permit and what was proposed on their plan. To grant this parking lot permanently the way it is, is not satisfactory.

Tim Rottschaffer stated that their intent is to develop this site completely at some point in time and now is not the time because of the industry their business is in.

Tim Rottschaffer stated that last year they requested 5 years to repair the site, but the Board felt this was unreasonable, but they could look at it on a year-to-year basis. They intend to develop this site completely and fully this is their intent.

Jim Hickey stated that the Board should give the applicant 30 days to come back to the Board with a solution that the Board can accept or 120 days to fix it. No permanent extensions.

Tim Rottschaffer stated if the Board requires him to fix this within 120 days they might as well shut his business down because they do not have the funds.

Jim Hickey stated that in 30 days the applicant needs to come back before the Board with a solution and 120 days after that the problem needs to be resolved.

Robert Marz stated that within 30 days the applicant needs to come back before the Board with a solution that the Engineering Department agrees with, then after that the Board will determine a time frame.

Robert Marz commented that the Board is not here to impose any necessary hardships on the applicant, but somewhere along the line we need to get a workable solution within a certain amount of time to get some kind of compliance.

Tim Rottschafter asked the Board if they could review this on an annual basis with the intent that they would ultimately resolve this issue?

Robert Marz stated that the applicant should contact Bonnie Broadwater and to come to a resolution and then come back before the Zoning Board of Appeals.

Robert Marz stated there needs to be a resolution to this situation.

James Hickey moved and Beth Rogers supported the motion to table 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. The applicant is to come back to the Board within 30 days with a solution that Engineering Dept. agrees with. After that the Board will set a timeline for compliance.

Motion carried 6 to 0.

Motion

Jim Hickey moved and Brian Boelens supported the motion to approve the minutes of June 26, 2008.

Motion carried 6 to 0.

Roger Crabtree moved and Beth Rogers supported the motion to adjourn the Zoning Board of Appeals meeting at 8:25 p.m.

Motion carried 6 to 0.

_________________________

Roger Crabtree, Secretary

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