ZBA Minutes
MEETING
CITY OF WALKER
ZONING BOARD OF APPEALS
Thursday, August 28, 2008
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; Brian Boelens,
Alternate; James Hickey; Tyler Korfhage; Randy Smith; and Beth Rogers.
Member absent: Charles Deschaine. Also present: Jeff Nelson, Building
Official; and Bonnie Antcliff, Recording Secretary.
DECISION AND ORDER
Motion
James Hickey moved and Roger Crabtree supported the motion to remove
3147 Fruit Ridge from the table.
Motion carried 7 to 0.
Legal Description
Property located at 3147 Fruit Ridge, N.W. also known on the tax
rolls 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.
Finding of Facts
Robert Marz, Chairman reviewed the application and site plan
submitted. He stated that this application was tabled so that
alternatives could be worked out for the overlay of the parking lot. A
letter was received from Robert Berends, Exxel Engineering dated July
30, 2008 outlining three different options. No citizen appeared with
respect to this request.
Mr. Rottschafer stated that Ms. Broadwater, from the City Engineering
Department called him and stated that the 3rd option was not
acceptable. She did offer a 4th option but he does not have
that in writing. That option was to install 3 to 4 inches of 1 to 3 inch
stone with no fines and mix it in with the existing surface.
Ms. Broadwater stated that she has discussed the situation with Scott
Connors, City Engineer and this is something that he suggested as a
compromise that would address the water quality concerns on site. By
mixing the material, we believe that would address some of the issues
with the fines. She went on to say that there is no detention pond and
there has been some sediment discharge to the drainage swale and each
time it rains that sediment is washed off site, so there isn’t residual
in the swale.
Roger Crabtree asked how do you mix 1 to 3 inch aggregate with what
is there now?
Ms. Broadwater replied that is something that we left up to the
applicant on how they would mechanically mix that. They would be able to
place it over the top and mechanically mix that with a piece of
equipment. The engineer would be able to tell them what kind of
equipment to use given the conditions on the site and the blanket
underneath.
Mr. Rottschafer replied that Mr. Berends of Exxel Engineering did not
know how we could do that. He stated he called Miles Excavating and Dave
Rusche, the owner, to see how to mix this.
Ms. Broadwater stated that the solution you have proposed, using the
asphalt crusher, should work. You just want to make sure that you are
using the 3 to 4 inches of stone over the entire surface and there
should be no fines mixed in and it is all 1 to 3 inch stone.
Mr. Rottschafer asked stone is defined as what? Is it stone or
crushed concrete? He went on to say that he wants something in writing
from the Engineering Department to be specific.
Ms. Broadwater replied you can use crushed concrete or you can use
natural stone. Either one is fine. You just need to make sure there are
no fines. That is the critical distinction on what you need to put there
and what you actually put out there. No gravel is allowed. She stated
she will get that to Mr. Rottschafer in writing.
Robert Marz asked if this would be a permanent solution and how do we
monitor that?
Ms. Broadwater stated that this will be a permanent solution and she
stated that it will be monitored through the soil erosion permit that we
have for the site. Inspections will be made while the material is being
put down and while it is being mixed. We will come out again after the
first rain to check the drainage swale and see what the situation is
there at that time. She asked Mr. Rottschafer if he had asked his
engineer about the solution that we have proposed as an alternative?
Mr. Rottschafer replied yes.
Ms. Broadwater asked Mr. Rottschafer if the engineer felt this was a
viable option or was he uncomfortable with that solution?
Mr. Rottscafer replied he was comfortable with it.
Ms. Broadwater stated that if he is comfortable with it and our City
Engineer is comfortable with it, she did not think there would be an
issue here. She went on to say that we do need to make sure that what
you say will be put out there is what actually is put out there. That is
the purpose of the inspections.
Mr. Rottshafer stated that what was originally drawn on the plan was
crushed concrete and that was what was approved when he got the permit
but the contractor put something else in, which is why we are here.
Mr. Hickey asked if they do this and it does not work, what is the
alternative?
Ms. Broadwater replied everyone agrees this will work, if not, it
will have to be paved or taken up. She felt this will solve the problem.
Beth Rogers asked how soon will this be done?
Mr. Rottshafer replied he will have to find someone to do this.
Ms. Rogers stated she would like to see a time frame on this.
Ms. Broadwater stated that this should be done before winter and the
end of the growing season. She felt it should be before November 1. She
went on to say she will provide a written statement from the Engineering
Dept. as to what is expected to be done.
Motion
Beth Rogers moved and James Hickey supported the motion to approve
the applicant’s request to maintain existing gravel loading and
unloading are from railroad spur with a gravel surface with
modifications instead of a dustless all weather surface for
Standard Lumber. She moved that the Board accept the recommendations
from Scott Connors, that was concurred by Exxel Engineering with a
timeline that this needs to be completed by November 15, 2008.
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. All work done was to repair existing defects and ensure
a safe work environment for Standard’s employees. The former
owner, Wickes Lumber, had allowed the property to fall into
disrepair prior to filing for bankruptcy protection.
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. Our
repairs returned the site to a condition common with several other
properties in the community. Refer to J. Dykstra Excavating on 3
Mile and business at the intersection of 3 Mile and Calann, NW.
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 ordinances or public interest in that
with repair to the site, we have contained run off to existing
drainage and retention.
The condition or the situation of the piece of property or the
intended use of the property for which the variance is sought in
not so general or recurrent a nature as to make reasonably
practicable for the formulation of a general regulation. We have
not caused any negative impact to surrounding properties and have
restored the property to a safe and functional work environment.
Does not apply.
Motion carried 5 to 2. Roger Crabtree and Tyler Korfhage opposed.
Roger Crabtree stated that our requested action is to maintain
existing gravel loading and unloading area. We need to deny his request
for an indefinite stay on what we granted before.
Robert Marz stated that we have done that with the conditions we have
placed here.
Tyler Korfhage stated that he was opposed because he felt it should
have been done in the first place and now we are offering another
bandaid.
DECISION AND ORDER
Motion
Tyler Korfhage moved and James Hickey supported the motion to remove
2500 Turner from the table.
Motion carried 7 to 0.
Legal Description
Property located at 2500 Turner, NW also known on the tax rolls as
41-13-12-129-006. Hearing requested by Joel Langlois.
The applicant’s request is to construct a 6,465 sq. ft. addition with
a 14.6 down to a 3.4 ft. second front yard setback instead of the
required 200 ft.
Finding of Facts
Robert Marz, Chairman reviewed the application and site plan
submitted. He then read a letter from the City Engineer dated July 29,
2008. No one appeared with respect to this request.
Mr. Langlois showed the new addition on the site plan submitted.
Mr. Hickey stated that when Mr. Langlois came before the Planning
Commission we talked about this extensively. Mr. Langlois did comply
with the siding, roof, etc. He did agree to plant 3 groupings of
evergreens and we added windows on the west side to dress it up. They
agreed at the Planning Commission that this request was feasible. We had
him come to the Zoning Board for a variance on the property to the lot
line. Hillside is never going to change and no one will ever build
there. This will be a good business for what he intends to put there.
Tyler Korfhage stated that he attended the Planning Commission
meeting and was pleased with what transpired there.
Motion
Beth Rogers moved and Randy Smith supported the motion to approve the
applicant’s request to construct a 6,465 sq. ft. addition with a 14.6
down to a 3.4 ft. second front yard setback instead of the required 200
ft.
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 building already extends into the setback per a
prior variance. The addition is necessary for the continued
operation of the business and adding space elsewhere on the
property would not be feasible.
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
variance would not have been required had Hillside Ave. not been
relocated in the 1990’s. The ZBA regularly grants similar
variances on other properties when the situations require.
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
addition will be added in a way to extend the current building and
will be no closer to the right-of-way nor encroach any further.
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 so general or recurrent a nature as to make reasonably
practicable for the formulation of a general regulation. The
addition is a one time need.
Does not apply.
Motion carried 7 to 0.
DECISION AND ORDER
Legal Description
Property located at 4640 O"Brien, SW also known on the tax rolls as
41-13-31-101-007. Hearing requested by Steven Saigeon.
The applicant’s request is to construct a 2,000 sq. ft. detached
accessory building which exceeds the 1500 sq. ft. allowed.
Finding of Facts
Robert Marz, Chairman reviewed the application and site plan
submitted. No one appeared with respect to this request.
Tyler Korfhage stated that he has a problem with exceptional or
extraordinary circumstances on the application. Exceptional or
extraordinary circumstances can never be because you have a lot of
stuff. The home is built on a slab and that could be why this is
extraordinary or exceptional.
Robert Marz asked what the eave height is on this?
Jeff Nelson replied that it depends on the side yard setback, so it
is 14 ft. maximum. That will all come with the building permit.
Mr. Saigeon stated that they plan on paving the driveway. It runs
straight in off of the roadway. It is just a stone driveway now.
Roger Crabtree stated that your site plan shows a Consumers Power
right-of-way that goes across the driveway and on the second sketch it
shows a power line for the oil well. Is there an easement that runs with
that power line?
Mr. Saigeon replied that we are quite far ahead of the easement for
the oil well. There is about 100 ft. from the proposed building site to
the power line for the oil well. We are 75 ft. back from the power line
easement.
Motion
Beth Rogers moved and Tyler Korfhage supported the motion to grant
the applicant’s request to construct a 2,000 sq. ft. detached accessory
building which exceeds the 1500 sq. ft. 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. Our home is built slab on grade and has no basement.
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. We
would like to enjoy our home and property as others do by
relieving our exhausted storage spaces.
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 ordinances or public interest in that
the proposed building will sit more than 25 ft. from the east
property line and over 150 ft. from the nearest neighboring home.
This will be professionally built using materials that blend with
the exterior of our house. The building site is clear with sandy
soils and has excellent drainage.
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 so general or recurrent a nature as to make reasonably
practicable for the formulation of a general regulation. This is
not a recurring problem.
Does not apply.
Motion carried 6 to 1. Roger Crabtree opposed.
Motion
James Hickey moved and Randy Smith supported the motion of waive the
5 day waiting period.
Motion carried 7 to 0.
Motion
Roger Crabtree moved and Randy Smith supported the motion to approve
the Zoning Board of Appeals minutes of August 14, 2008.
Motion carried 7 to 0.
Motion
Roger Crabtree moved and Tyler Korfhage supported the motion to
adjourn the Zoning Board of Appeals meeting at 7:55 p.m.
Motion carried 7 to 0.
__________________________
Roger Crabtree, Secretary
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