ZBA Minutes

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; Randy Smith; and Beth Rogers. Member absent: James Hickey. Also present: Bonnie Antcliff; Recording Secretary.

Property located at 4365 Lake Michigan Dr. also known on the tax rolls as 41-13-19-451-032. Hearing requested by WG Walker, LLC.

The applicant’s request is to construct a commercial building with a 6 ft. front yard setback variance on Lake Michigan Dr. and a 10 ft. front yard setback variance on Wilson Av e. Also to have a second ground mounted sign instead of the one allowed.

Robert Marz, Chairman reviewed the application and site plan submitted. He stated we are here for setback variances. The Planning Commission has given their blessing on this project as well as the DDA and Planning Department.

Phil Dolci 10353 8^th Ave., Grand Rapids stated he is the co-owner of the the Standale Village Mall and we welcome Walgreens to this corner. Our only problem here is the 6 ft. variance setback from Lake Michigan Dr. will be in front of our building and the back of their building will be at the front of our building. We would like to see the building pushed back a bit more. Their dumpsters will also be placed there and the wind from the west will blow into that L shaped part and we have a problem with that. This is just on Lake Michigan Dr., everything else is fine.

Robert Marz asked Mr. Dolci if he had spoken to the site plan committee about this.

Mr. Dolci replied that Mr. Hickey felt it was strange that we were concerned about the trash there. He felt that since our trash faces his house, it would be ok to have the trash facing this strip mall. We would like this 6 ft. pushed back more so that it is hidden from the front of our building.

Robert Marz, Chairman felt there should be screening here for trash containers.

Mr. Dolci showed the Board a drawing of the site.

Robert Marz stated that he is not willing to move this building 6 ft. That should have been done before coming to this Board. He then asked how much right-of-way was taken here?

Pat Goodale replied that it is 7 or 8 feet. We are doing here what the City has requested.

Beth Rogers asked Mr. Dolci if this were brick and enclosed for the trash containers so that no one would know what was behind that wall, would that be acceptable to you?

Mr. Dolci replied that is not the answer he was looking for. So he would have to say no.

Mr. Marz stated he did not have a problem with the request for the sign variance.

Tyler Korfhage moved and Roger Crabtree supported the motion to have a second ground mounted sign instead of the one allowed.

Motion carried 6 to 0.

Charles Deschaine moved and Randy Smith supported the motion to grant the applicant’s request to construct a commercial building with a 6 ft. front yard setback variance on Lake Mich. Dr. and a 10 ft. front yard setback variance on Wilson Ave. as approved by the Planning Commission and the DDA.

1. 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. These setback variances are at the request of the City Planning Department to more comport with the proposed Master Plan. Sign variance is requested because the property fronts on 2 major roads and we are unable to utilize the corner for signage due to the DDA improvements located there.
2. 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 same zoning district and in the vicinity. Corner lots with "clear vision" requirements typically have concerns with setbacks and signage which need to be addressed.
3. 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 existing improvements on the property are deteriorating and the property will be redeveloped in furtherance of the goals and desires of the City.
4. 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. Given the location and character of the property, this is a unique situation specific to this property. This issue does not affect other properties.
5. Does not apply.

Motion carried 6 to 0.

Roger Crabtree moved and Randy Smith supported the motion to approve the Zoning Board of Appeals minutes of August 28, 2008.

Motion carried 6 to 0.

Roger Crabtree moved and Randy Smith supported the motion to adjourn the Zoning Board of Appeals meeting at 7:45 p.m.

Motion carried 6 to 0.

____________________ Roger Crabtree, Secretary