MEETING
CITY OF WALKER
ZONING BOARD OF APPEALS
Thursday, January 22, 2009
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 Deschaine; Brian Boelens; Randy Smith; James Hickey; and Sandi
Howland, Alternate. Member absent: Beth Rogers. Also present: Jeff
Nelson, Building Official; Frank Wash, Planning Director; and Sarah
Bydalek, City Clerk.
DECISION AND ORDER
Motion
James Hickey moved and Roger Crabtree supported the
motion to remove 3731 Northridge from the table.
Motion carried 7 to 0.
Legal Description
The applicant’s request is to add 4, 3 x 8 ft. signs on
the west side of the building with 96 sq. ft. instead of the 80 sq. ft.
allowed.
Property located at 3731 Northridge, NW also known on
the tax rolls as 41-13-05-127-001. Hearing requested by Design Edge.
Finding of Facts
Robert Marz, Chairman reviewed the application and site
plan submitted. He then read a letter from the City Planner dated
January 8, 2009. They have reduced their request for the signs size.
Charles Deschaine asked how the sign was going to be
attached?
Mr. Brown replied it will be ½ inch thick and attached
to the ¼ inch aluminum plate . The background will be white with blue
and black lettering. He stated that eventually there will be lights
shining down on the sign.
Brian Boelens asked the applicant if he was looking for
4 signs on this building?
Mr. Brown replied that yes, we have one other tenant in
this building and they would like to have the right to have four signs
on the building. All of these signs will be uniform.
Frank Wash stated that he had nothing further to add to
this other than what was stated in the memo he sent to the Board. The
applicant has gone from 256 sq. ft. request down to a 96 sq. ft. request
for this variance. He did not feel that this was asking for too much. 16
extra sq. ft. on a wall that size does not seem too extreme.
Motion
Charles Deschaine moved and Brian Boelens supported the
motion to approve the applicant’s request to add 4, 3 x 8 ft. signs on
the west side of the building with 96 sq. ft. total instead of the 80
sq. ft. allowed.
- There are exceptional and 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 front of the building faces Fruitridge Ave. and most
of the traffic is on Fruitridge and the length of the building makes
this exceptional.
- 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.
This is in an industrial zone and the back of the
building faces Fruitridge Ave. and is rather unattractive. Some well
designed signs will add to the appearance of the building.
- 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 wall signs will be of aluminum construction and will hold
up well against the elements and since they are wall signs, they
will not interfere with visibility.
- 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 general
problem.
- Does not apply.
Motion carried 7 to 0.
DECISION AND ORDER
Motion
James Hickey moved and Brian Boelens supported the
motion to remove 1616 Kinney, NW from the table.
Motion carried 7 to 0.
Legal Description
The applicant’s request is to split existing parcel
creating one parcel with 90 ft. of frontage that is interrupted and
leaving the house on Kinney without the required garage.
Property located at 1616 Kinney, NW also known on the
tax rolls as 41-13-17-151-033. Hearing requested by Bruce Miedema.
Finding of Facts
Robert Marz, Chairman reviewed the application and site
plan submitted. We sent this request back to the Planning Department
because we had questions on the exact survey and the other concern was
the garage.
Frank Wash stated that the plat was approved by the
Planning Commission and the City Commission amended that. The road
connection to Stark was eliminated and a long cul-de-sac was put in.
There was an exception drawing for the 3 out lots on Kinney. The out
lots are A, B, & C. We are looking at lot C here. These 3 splits can be
taken off and then eventually resurrected by the City Commission and
there would be access. The existing property has a garage.
Jeff Nelson stated that a 12 x 22 ft. garage is
required. The existing garage will have to be demolished. If you want
them to have a garage, you could require that. There is plenty of room
for a garage.
Robert Marz stated he did not see any reason why they
should not have a garage.
The applicant stated that the way the house is layed out
the garage would go on the south side and that is where the living room
is. It would not be a good place for a garage.
Jeff Nelson replied that the garage does not have to be
attached. He stated that if the Board wants the applicant to have a
garage he would recommend the Board give him a year to complete it or
before occupancy of the house. The existing garage will have to be
demolished before the split can occur.
Motion
James Hickey moved and Randy Smith supported the motion
to approve the applicant’s request to split existing parcel creating one
parcel with 90 ft. of frontage that is interrupted and leaving the house
on Kinney without the required garage.
- 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. Tentative plat approval will connect Stark Ave. to Mission
St. and this will provide street frontage. The frontage on Kinney is
not needed.
- The variance is necessary for the preservation and enjoyment of
a substantial property right to that possessed by other properties
in the same zoning district and in the vicinity. The lot created is
as large or larger than others in the area. The remaining platted
area will have lots that meet or exceed zoning requirements.
- 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 there
will be no visible change in the platted area or parcel on Kinney
until work on the plat starts.
- 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. Existing parcel has
frontage on 3 streets. Access will be provided to the plat so
frontage on Kinney is not needed.
- Does not apply.
The Board imposed the following conditions:
- The existing garage to be demolished prior to the split.
- The applicant has one year to build the 12 x 22 ft. required
garage.
Motion carried 7 to 0.
Motion
Brian Boelens moved and James Hickey supported the
motion to approve the minutes of the Zoning Board of Appeals minutes of
December 11, 2008.
Motion carried 7 to 0.
Motion
Roger Crabtree moved and James Hickey supported the
motion to adjourn the Zoning Board of Appeals meeting at 7:40 p.m.
Motion carried 7 to 0.
____________________________
Roger Crabtree, Secretary
The City
of Walker, Michigan