MEETING
CITY OF WALKER
ZONING BOARD OF APPEALS
Thursday, August 27, 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; James Hickey; Randy Smith; and Beth
Rogers. Also present: Jeff Nelson, Building Official and Bonnie
Antcliff, Recording Secretary.
DECISION AND ORDER
Legal Description
Property located at 3461 Alpine Ave. also known on the
tax rolls as 41-13-02-230-007. Hearing requested by Processing
Specialties.
The applicant’s request is to reduce the side yard
setback to 20 ft. instead of the required 35 ft. and to reduce the
number of parking spaces from 226 to 173.
Finding of Facts
Robert Marz, Chairman reviewed the application and site
plan submitted. He then read a letter from the Planning Director dated
August 20, 2009. No citizen appeared with respect to this application.
Elaine Westhouse, Comprehensive Engineering stated that
the owner of the property is now Processing Specialties and the number
of parking spaces requested is 173.
Beth Rogers asked what the hours of operation will be?
Mike Soul, Processing Specialties stated they will be
open at 11:00 during the week and on weekends we will start at 7:00 a.m.
as they will serve breakfast on the weekend.
James Hickey asked if the applicant if they have done a
study of the Outback on what parking they have there?
The applicant replied that we did when we first were
looking at the site. We found it hard to determine what actual parking
spaces are allowed there as they share their parking with the whole
shopping center to the north. Out estimate was about 125 parking spaces
and their seating capacity is 198. They are within the current parking
requirements but they also serve alcohol and they do not open until 4:00
p.m. during the week. They have a shorter time span to get their people
in and tables turned. The Golden Corral is drastically different. The
idea behind the Golden Corral is that there is an equilibrium achieved
between having the customers come in all day at a steady rate, instead
of doing a big push at lunch or dinner. Most of the studies done before
a Golden Corral approves the site, is based on traffic flow and roof
tops and economic trends of those roof tops. People do not spend two
hours at a Golden Corral, they spend 20 or 30 minutes because there is
no wait. It is a quick process.
James Hickey stated that the Planning Commission looked
at the 20 ft. setback. Our question was could a fire truck get around
there if needed? The answer is yes. The Planning Commission felt that
173 parking spaces would be sufficient. They will employ 100 – 150
people. All truck traffic here will be in the morning hours.
Motion
James Hickey moved and Beth Rogers supported the motion
to grant the applicant’s request to reduce the side yard setback to 20
ft. instead of the required 35 ft.
Motion carried 7 to 0.
Motion
Beth Rogers moved and Randy Smith supported the motion
to reduce the number of parking spaces from 226 to 173.
- 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 economic use of the subject parcel for a Golden Corral
restaurant requires a facility that will accommodate 392 diners. The
area and configuration of this parcel is such that a building of
that size, with necessary parking and site improvements, may be
constructed only if the side yard setback is reduced to 20 ft. from
the 35 ft. side yard setback. The practical difficulty of conforming
to the strict requirements of the ordinance cannot be cured by
acquiring usage rights in adjacent land, as none is available.
- 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.
Restaurants are a permitted use in a C-4 District, and numerous
restaurants of varying descriptions are operated in C-4 zones. The
requested variance is necessary for the applicant to preserve and
enjoy its right to operate a restaurant in the C-4 zone, namely a
Golden Corral.
- 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
layout plan for the proposed restaurant shows a minimum distance of
21.9 ft. between the north wall of the building and the north lot
line. City planning staff has advised the applicant the the City’s
Fire and Police Departments have no objection to a setback of not
less than 20 ft. provided the driveway surface is flush with the
surface of the adjacent sidewalk or the adjacent sidewalk is
constructed with a mountable curb. The applicant will comply with
this requirement and believes that granting the variance would pose
no detriment to public health, safety, and welfare including the
fire safety for the adjoining shopping center. An Outback Steakhouse
and a Michaels Arts and Crafts store are situated immediately to the
north of the subject site at a grade level estimated to be several
feet higher than the grade level of the subject site and both
buildings are oriented to face Alpine Ave.
- 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 requested variance
is necessitated by the size and configuration of this pre-existing
parcel and the practical inability to obtain additional adjacent
land to permit the economic use of the site as a Golden Corral
Restaurant.
- Does not apply.
Motion carried 7 to 0.
DECISION AND ORDER
Legal Description
Property located at 2040 Turner also known on the tax
rolls as 41-13-12-401-005. Hearing requested by Jonathan Anderson.
The applicant’s request is to split off the back portion
of existing lot and combining with adjacent property creating a parcel
of land less than the required 80,000 sq. ft. Currently the parcel is
approximately 61,000 sq. ft.
Finding of Facts
Robert Marz, Chairman reviewed the application and site
plan submitted. No citizen appeared with respect to this request.
Jonathan Anderson appeared with respect to this
application.
Roger Crabtree asked if this variance is granted, will
there be new building setbacks on the new parcel?
Jeff Nelson replied it would be a side property line
setback and a rear setback. They will still have to go by the setback
requirements.
Roger Crabtree stated that he wondered if this is
granted, would they actually be able to extend that building and build
on it?
Mr. Anderson stated that it would have to be a small
addition. The addition would be on the north portion of parcel 004.
There is a potential that the current tenant would want to add on
further down the road. They would like the opportunity to expand in the
future. So we are planning ahead now with the conveyance of the land.
Jeff Nelson stated that the parcel they are taking the
land away from, is already under 80,000 sq. ft.
Brian Boelens asked what the building in the back is
used for?
Mr. Anderson replied that there is a tenant occupying it
and he thought it was a light industrial use but was not sure.
Frank Wash stated that he did not have any comments on
this from a planning standpoint.
Motion
James Hickey moved and Randy Smith supported the motion
to grant the applicant’s request to split off the back portion of
existing lot and combining with adjacent property creating a parcel of
land less than the required 80,000 sq. ft. Currently the parcel is
approximately 61,000 sq. 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. If this application is granted, the owner of parcel 005
will be able to exchange a small portion of its property to the
owner of adjacent parcel 004 and receive an easement over parcel 004
which will facilitate operations on parcel 005. Parcel 005 is
currently less than the minimum size of 80,000 sq. ft. required in
the MH District (it is approximately 61,000 sq. ft. in area). While
parcel 004 exceeds this 80,000 sq. ft. minimum, its owner is not
able to expand the building situated at its eastern boundary without
causing inefficiencies in the functionality of the building.
Applicant is unable to effectively use the easternmost portion of
its parcel because of its small size, its unusual shape, and it
bordering on public right-of-way on two of its sides and a building
on the third side. These exceptional circumstances do not generally
apply to other properties in this zoning district.
- 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. There are various properties
within the MH District that are less than 80,000 sq. ft. 2059
Voorheis, 2047 Voorheis, 1977 Alpine, 974 Pannell, 1857 Waldorf St.,
1965 Waldorf St. just to mention a few.
- 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 this
property exchange has been agreed to by both of the affected land
owners. There are no other property owners who will be affected by
this transaction. The property at 2040 Turner, NW is bounded by the
US-131 on ramp to the south, by the right-of-way for US-131 on the
east, and by parcel 004 to the north, the owner of which would be
benefitted by the variance. The fourth side of the parcel in
question is bounded by Turner Ave. The portion of the property that
will be transferred if the variance is granted, is at the rear of
the property at 2040 Turner, NW and so will have no impact on the
streetscape when viewed from Turner Ave.
- 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 to make reasonably practicable for the
formulation of a general regulation. This situation is an unusal one
and not likely to reoccur. There are no other parcels in the City of
Walker that are zoned in the MH District less than 80,000 sq. ft.
and are bordered on three sides by public road right-of-way, with
two sides being interstate highways and access ramps.
- Does not apply.
Motion carried 7 to 0.
DECISION AND ORDER
Legal Descritpion
Property located at 2129 Wilson Ave. also known on the
tax rolls as 41-13-07-376-005. Hearing requested by Paul Siegel.
The applicant’s request is to install a ground mounted
sign for Kingdom Hall of Jehovah’s Witnesses approximately 72 sq. ft.
instead of the 24 sq. ft. allowed.
Finding of Facts
Robert Marz, Chairman reviewed the application and site
plan submitted.
The applicant showed the Board pictures of other signs
that they have in the area.
Terry Weaver 2110 Wilson stated that he is across the
road from this church and stated that he wanted to know why he was not
notified that a church was going in here. He stated that this sign will
be across the street from his front window. He went on to say that he
thought there would be a de-acceleration lane put in and that will be
across from his front yard. He stated he was not in favor of any of
this. He stated that he did get a notification of this meeting.
Robert Marz stated that the only thing this Board is
here for today is the sign issue. The church has already been approved
by the Planning Commission.
Pat Hartuniewicz 2082 Wilson stated that she is across
the street to the south of where the church is going in. We live south
of Mr. Weaver. We were also never noticed of any of the plans here. We
are extremely opposed to this coming. We have lived here 15 years and
Mr. Weaver has lived here a lot longer than that. She wants to know why
they were never notified of the church coming. She is very much opposed
to this sign. She feels it is extremely large. She is also concerned
about the traffic on Wilson Ave. There are no stops between Remembrance
Rd. and Leonard St. and there is a problem with speeding on Wilson Ave.
both north and southbound on that two lane road. There is a lot of
passing on the yellow line between Remembrance and Leonard. She went on
to say that the police have never watched this area. They also pass on
the shoulder of the road. If they are heading southbound on Wilson, our
newpaper box is across the road. We have actually stopped delivery of
the Press because when we would go to get the paper, the danger of a car
swerving around at a high rate of speed on the west side shoulder, we
would have to stand down in the ditch to get away. Mr. Weaver was rear
ended in front of his house last year in the peak traffic time. She
wanted to know what steps to take, to put a stop to this request.
Frank Wash stated that the Planning Commission approved
the plan. Under state and local law there was no notification
requirement for what is called a permitted use. Churches are a permitted
use within the agricultural zoning district. The only public notice that
is required is for rezoning, a planned unit development, or a special
land use. The City Commission goes out of the way to make sure that
notices are sent out before any project that goes before the Planning
Commission. Anyone within 300 ft of this property is given a copy of the
agenda for that meeting. Several property owners did receive that
because they showed up at the Planning Commission meeting and voiced
their comments at that time. Based on what MDOT said, as far as
requirements of improvements to the road, which is a state highway, and
onsite draining, lighting, and landscaping improvements, the Planning
Commission felt that the plan should be approved. Because of the width
of right-of-way here and the way the property sits back, you folks may
have been out of that 300 ft. circle. We apologize if that happened. We
also put the agenda for the meetings on the Walker website. This is a
low density residential district in Walker and homes, churches, and
schools are allowed in this district by right. In this case a church is
allowed by right subject to a plan being approved by the Planning
Commission. There are a whole list of things that they need to put on a
site plan in order to get approval.
Mrs. Hartuniewicz stated that the traffic problems here
are very bad. This street has not been widened and she wants to go on
record that she is very opposed to this. This is going to cause more
problems.
David Rose stated that he is the chairman of the
committee that goes around and helps churches put these projects
together. One of the things that we are concerned about is the
neighbors. Because of the amount of material that we have to put on the
sign, one of the options that we looked at is an interior lighted sign.
We thought that this sign would be more ascetically pleasing for the
neighborhood.
Jeff Nelson stated that we are looking at two things
here, one is for the size of the sign and the other is the fact that it
is over four feet tall.
Frank Wash stated that the reason that he recommended
denial of the variance is because the property is zoned AA which is a
low density, residential district and we modified the sign ordinance in
2007. One of the things was to limit commercial size signage in
non-commercial areas. In 94-409, signs in residential districts, you are
allowed a single ground mounted sign and cannot be any bigger than 24
sq. ft. in area and 4 ft. tall. The sign proposed here is 6 ft. tall and
72 sq. ft. in area.
The applicant then showed the Board a smaller sign that
is proposed. It is 50 sq. ft. He stated that they needed a sign this
size to get both the English and Spanish rendition on it.
Roger Crabtree asked where the sign will be located?
The applicant stated that it will be 5 ft. behind the
setback on the south side of the driveway.
Frank Wash stated that this is a flag lot and the
driveway and radius points will take up the whole frontage. The sign
will be towards the southern edge of the property line against Wilson
Ave.
Robert Marz asked if the sign will be illuminated?
The applicant stated yes, the light will be directed at
the sign with lights on both sides and lighted 24 hours.
Frank Wash stated that the sign should not glare on
other properties or the highway right-of-way, that is not allowed.
Bob Marz read the staff recommendations on this request.
Charles Deschaine stated that 2007 sign ordinance
amendment was a lot of work and we need to stick to the sign ordinance.
James Hickey stated that the columns could be 4 ft. high
instead of 4 ft. 6 in. and make them 8 in. square instead of 4 ft. 6in.
Could we do that?
Jeff Nelson stated that you could because it is less
than what was noticed.
Robert Marz stated that he thought the Planner’s
recommendations are on target.
Mr. Weaver stated that this sign will be directly across
the street from his house and will be lighted. He is opposed to this.
Robert Marz stated that the applicant is allowed a 24
sq. ft. sign and it can be illuminated. The only thing we are here for
is the size and height of the sign.
Motion
Charles Deschaine moved and Roger Crabtree supported the
motion to deny the applicant’s request to install a ground mounted sign
for Kingdom Hall of Jehovah’s Witnesses approximately 72 sq. ft. instead
of the 24 sq. ft. allowed. The Board feels that the applicant should
adhere to the sign ordinance as the applicant failed to meet the
criteria to change the ordinance.
Motion carried 5 to 2. James Hickey and Randy Smith
opposed
Motion
Roger Crabtree moved and Randy Smith supported the
motion to adjourn the Zoning Board of Appeals meeting at 8:45 p.m.
Motion carried 7 to 0.
_______________________________
Roger Crabtree, Secretary
The City
of Walker, Michigan