Minutes and Agendas

ZBA Minutes

MEETING
CITY OF WALKER
ZONING BOARD OF APPEALS
Thursday, February 26, 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 John Tufflemire, Alternate. Member absent: Beth Rogers. Also present: Jeff Nelson, Building Official and Bonnie Antcliff, Recording Secretary.

DECISION AND ORDER

Legal Description

Property located at 1920 Bristol, NW also known on the tax rolls as 41-13-14-102-003. Hearing requested by Tom Taylor.

The applicant’s request is to conduct a home occupation in an accessory building with two family members not residing on the premises. This is a non-conforming residential use on an industrial zoned parcel.

Finding of Facts

Robert Marz, Chairman reviewed the application and site plan submitted. No citizen appeared with respect to this request.

Jeff Nelson stated that we are looking at two things here. One of the members of the family is going to live there and two other members of the family are going to work there occasionally and not occupy the dwelling. The other is the fact that the business is not in the dwelling, it is in the accessory building.

Robert Marz asked what type of business this will be?

Mr. Taylor replied it will be a small machine shop with drill presses and tool and dye items. He stated we are trying to pick up the over flow from larger machine shops. This will be on the side and after we are through working. We are working in the tool and dye business now.

Jeff Nelson stated that they are across from Betz Foundry and next to C.L. Frost and it is in a heavy industrial area. This is a non-conforming use because there is a home here.

James Hickey asked if the building in the back should be demolished?

ZB A 2-26-09
Jeff Nelson replied that building is attached to the other building.

Mr. Taylor stated at some point we want to remove that but it is attached. He stated we want to clean up the property. The house is livable.

Roger Crabtree asked if we allow an industrial use here, can the building be brought up to code for industrial use?

Jeff Nelson stated that this all came about because they came for an electrical permit to bring in the new service. That building will not meet industrial requirements. He suggested that if this variance is granted, it will be limited to this block building, so if they want to expand, they will have to come back to this Board.

Mr. Taylor stated this property has been in the family for 50 years. He stated there will be very little traffic coming to the property. The grandmother owns the property .

Jeff Nelson stated they are here because they want to do the work in the accessory structure and they want to do it with relatives that do not live on the premises. The Board is being asked to judge this as a home occupation.

Mr. Taylor stated they will be running small odds and ends for dye shops that do not want to do this.

Motion

James Hickey moved and Randy Smith supported the motion to approve the applicant’s request to conduct a home occupation in an accessory building with two family members not residing on the premises. This is a non-conforming residential use on an industrial zoned parcel.

a. 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. Industrial zoned properties are located on all sides of the house and across the street. Only a small machine shop is proposed. A new industrial building will be erected and house and accessory building demolished if the business expands.

b. 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. All businesses in the area are industrial and in most cases more intense than our proposed use.

c. 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 there will be no change in the outside appearance of the building and little noise or traffic will be generated.
ZBA 2-26-09
d. 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. We see the need to control home occupations, but feel that our industrial zoned location is unique. Activities in the area are industrial in nature and create much more noise and traffic than our small business will.

e. Does not apply.

The Board imposed the following condition:

1. This will be limited to the block portion of the building. If the applicant wishes to expand, he will have to come back to this Board.

Motion carried 6 to 1. Roger Crabtree opposed.

DECISION AND ORDER

Legal Description

Property located at 2929 Walker, NW also known on the tax rolls as 41-13-03-351-009. Hearing requested by Meijer Corporation.

The applicant wishes to have wind turbines judged similar to the other permitted accessory uses in the ML Zoning District. Also to be exempt from the building height regulation such as spires, antennas, and mechanical equipment.

Finding of Facts

Robert Marz, Chairman reviewed the application and site plan submitted. No citizen appeared with respect to this request. A memo was submitted by the City Planner dated 2-12-09.

Jessical Lehti, a representative from Cascade Engineering stated that these turbines will not run the entire building. One turbine is 7 feet in diameter. At an average wind speed of 12 mph it will produce 2,000 kilowatt hours. It will be about 20% of the average person’s home and there will be 6 of them.

James Hickey asked about the vibrations to the building.

Ms. Lehti stated that there is a 4 in. mask that goes on the wind turbine to mount it. There are 4 bracketts that attach down the building about 8 ft. and they will have isolators and noise deafeners. If the wind is 8 mph or more it will generate electricity and they will spin prior to that but not be generating. It is a grid tie system so it gets connected into a circuit breaker. Any excess power will roll back their meter but it is unlikely that will happen at this location. The turbines will be black.

Roger Crabtree asked if these rotate 360 degrees.

Ms. Lehti replied yes they do. For a typical home owner the installation cost is $10,000 – $12,000 and the equipment is $8500.

Motion

Charles Deschaine moved and James Hickey supported the motion to approve the applicant’s request to have wind turbines judged similar to the other permitted accessory uses in the ML Zoning District. Also to be exempt from the building height regulation such as spires, antennas and mechanical equipment.

a. 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 wind turbines will only be an accessory use to the permitted business use of the property.

b. 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. Many other businesses in Walker already have satellite dishes and mechanical equipment this size or larger located on the roofs.

c. 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 due to the size of the building, these small wind turbines will not be obtrusive.

d. 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 in nature as to make reasonably practicable for the formulation of a general regulation. Although there is not a wind fuel cell ordinance in effect at this time, it is being worked on. This will eliminate such requests in the future.

e. Does not apply.

Motion carried 7 to 0.

Motion

Jim Hickey moved and Roger Crabtree supported the motion to approve the International Propery Code minutes of January 8, 2009.

Motion carried 7 to 0.

Motion

Jim Hickey moved and Brian Boelens supported the motion to approve the Zoning Board of Appeals minutes of January 8, 2009.

Motion carried 7 to 0.

Motion

Jim Hickey moved and Randy Smith supported the motion to approve the Zoning Board of Appeals minutes of January 22, 2009.

Motion carried 7 to 0.
Motion

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

Motion carried 7 to 0.

The City of Walker, Michigan
4243 Remembrance Rd. NW
Walker, MI 49534
(616)453-6311
City Hall hours: Mon-Thursday from 7:30am to 5:30pm. Closed Fridays
All information © 2010 City of Walker

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