MEETING
CITY OF WALKER
ZONING BOARD OF APPEALS
Thursday, March 12, 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 Beth
Rogers. Also present: Jeff Nelson, Building Official and Bonnie
Antcliff, Recording Secretary.
DECISION AND ORDER
Legal Description
Property located at 430 Cummings also known on the tax rolls as
41-13-19-476-033. Hearing requested by Leonard Collins.
The applicant’s request is to operate a retail comic book store and
game area with part of the business being wholesale in nature and to be
judged similar to other uses in the Industrial District.
Finding of Facts
Robert Marz, Chairman reviewed the application and site plan
submitted.
Pricilla Collins, owner, stated that she has been in business for 18
years. For 17 years, we were at 2916 West River Dr. We had to move from
the facility because there was structural damage to the building. We
also needed a larger place. We have game space for about 80 people with
tables and chairs. We do not charge for that. Between 40 and 50 people
are playing games here at any one time. We do not charge for the game
space. They do buy their products from us. She brought several examples
of the games that are played there for the Board to review. The gaming
store is a safe place and a Christian establishment. We needed a larger
place with more parking available. The hours are from 12:00 to 10:00
p.m. We are the only ones in the neighborhood in the evening.
Robert Marz asked what kind of gaming is this?
Ms. Collins stated they are educational games and not something you
would find in Wal-Mart or Meijers. They are family oriented.
Charles Deschaine asked what type of comic books do you carry?
Ms. Collins replied we do not sell pornography or adult books.
Alyssa Synder stated that there is no pornography here. This store is
children oriented.
Bob Marz asked if there was any wholesaling done here?
Ms. Collins stated we do some wholesaleing but less than we would
like to because of the economy.
James Hickey asked what are your hours of operation?
Ms. Collins replied our hours of operation are Monday, Tuesday,
Thursday, and Friday 12:00 to 8:00 p.m. Wednesday 2:00 p.m. to 8:00 p.m.
and we are closed on Sundays. Saturday 11:00 a.m. to 7:00 p.m.
James Hickey asked how many cars are parked here?
Ms. Collins replied that between 30 and 50 and there are no parking
problems here.
Brian Farney, 451 Cummings, stated he lives across the street and
there are no problems here. A lot of people come by bus and are Grand
Valley students.
Roger Crabtree asked if there was food or beverages served here?
Ms. Collins replied that they sell pop, Doritos and candy bars.
Everything is wrapped.
Ms. Collins replied that she is here because she applied for a
business license and found we did not have the proper zoning.
Brian Boelens stated that he lives in the neighborhood and it is hard
to realize they are there.
Bob Marz read a letter from Eric Woodcox dated January
15, 2009 in support of this variance.
Motion
Beth Rogers moved and James Hickey supported the motion
to grant the applicant’s request to operate a retail comic book store
and game area with part of the business being wholesale in nature and to
be judged similar to other uses in the Industrial District.
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. Part of this business is wholesale in nature and this type
of business does not have the visibility other commercial businesses
would have.
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. 3738
Northridge – Aunt Millies’ Bread, 3455 3 Mile – Klocko Rental/Alpine
Gymnastics.
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 the
impact on the neighborhood is greatly reduced because they do not have
heavy truck or industrial traffic. The hours of operation are later in
the day than the rest of businesses in the building, which helps with
night security of the building and staggered traffic patterns.
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. This business involves only
6% of the total square footage of the building. The comic book store
actually helps the adjacent businesses and vice versa due to their
respective customer flow.
e. Does not apply.
The Board imposed the following condition:
- No adult material allowed on the premises.
Motion carried 7 to 0.
Motion
Roger Crabtree moved and James Hickey supported the
motion to approve the Zoning Board of Appeals minutes of February 26,
2009.
Motion carried 7 to 0
Motion
Roger Crabtree moved and Beth Rogers supported the
motion to adjourn the Zoning Board of Appeals meeting at 7:55 p.m.
Motion carried 7 to 0.
_______________________________
Roger Crabtree, Secretary
The City
of Walker, Michigan