Zoning Board of Appeals

ZONING BOARD OF APPEALS MEETING MINUTES November 10, 2015 4:00 P.M. CALL TO ORDER: Mr. John Stetler, Chairperson called meeting to order at 4:00 P.M. ATTENDANCE: Members Present: Rick Barnes Carlyle Sims Samuel Gray Becky Squires James Moreno John Stetler Members Excused: Deland Davis Staff Present: Marcel Stoetzel, City Attorney Glenn Perian, Senior Planner, Planning Dept. Leona Parrish, Admin. Assistant, Planning Dept. ADDITIONS OR DELETIONS TO THE AGENDA: Addition of Election of Vice-Chair to agenda under New Business item #6 (c). MOTION MADE BY MR. JAMES MORENO TO ELECT A VICE-CHAIR; SECONDED BY MS. BECKY SQUIRES. ALL IN FAVOR; NONE OPPOSED, MOTION APPROVED CORRESPONDANCE: None other than the document included in the meeting packet for appeal #Z-09-15 for 4 Shadywood Ln. in opposition from neighbor Mr. John Schimpf, 148 Lakewood Drive. OPENING COMMENTS: Mr. John Stetler, Chairperson stated the meeting procedure where everyone present may speak either for or against an appeal and that he will ask for a staff report to be read and then open the public hearing. At the public hearing persons may come forward and state their name and address for the record as it is being recorded and then speak either for or against an appeal. The public hearing will then be closed and the zoning board will discuss and make a decision. Mr. Stetler stated if denied the petitioner may appeal to the Circuit Court. OLD BUSINESS: None A. Z-06-15 (114 E. Minges Road): Petition from St. Mark Lutheran Church, Mr. Richard Schuemann, 114 E. Minges Rd., requesting a variance to allow an Electronic Changeable Copy Sign in an “R-1B Single Family Residential” zoning district. The permit application is requested pursuant to Planning and Zoning Code, Chapter 1296.20(g). Mr. John Stetler, Chairperson stated he would like to hold another public hearing for those that were not in attendance at the last meeting and asked Mr. Perian to provide the staff report. Mr. Glenn Perian stated appeal #Z-06-15 is a petition from St. Mark Lutheran Church, requesting a use variance to allow an automatic changeable copy sign to operate at 114 E. Minges Rd. in an R-1B 1 of 7  Zoning Board of Appeals November 10, 2015 Minutes Page 2 of 7 zoning district. Stated automatic changeable copy signs are permitted in an office, commercial, and industrial zones of the city. Said the Zoning Board of Appeals can approve; approve with conditions or deny the request and that planning staff has reviewed the standards outlined by ordinance and is opinion of staff that the applicant has not met all standards outlined in chapter 1296.3(1) specifically paragraph (j) which states nothing contained herein shall be construed to authorize the board to change the terms of this chapter or to add to the types of signs permitted on any premises. Stated allowing a changeable copy sign in a residential zone is specifically prohibited in this chapter; therefore staff cannot support the request and recommends denial of this variance and would require five board members to vote in favor to be approved. Mr. Brad Hubbard, Lead Pastor of St. Mark Lutheran Church, 114 E. Minges Rd., stated it is a blessing to be a part of this church who loves the lord, each other, and our community. Said they have approximately 600 members; a pre-school for ages of 1-5 with 200 students; after school program; and also recently held events for the community and with the Fire and Police departments. Stated they would like a new sign to better reflect who they are as a ministry, also for the community and church to better communicate. Said they have met with the neighbors and have not heard any negative comments and have only received positive information. Ms. Becky Squires stated she understands the church wanting to promote their events and her only concern was regarding distracting driving for children with having the churches childcare facility as well as Minges Brook Riverside Elementary School and people reading the electronic sign. Ms. Squires asked if they had talked or had concerns also regarding the children. Pastor Hubbard stated he had not addressed that issue with their neighbors and they had not talked to the school, but would be happy to and they had no one express that concern for distracted driving. Mr. Samuel Gray asked if they had approached the Neighborhood Planning Council in their area. Pastor Hubbard stated no, he was not aware there was a Neighborhood Planning Council. Mr. Rick Barnes asked how often they planned on changing the message on the sign. Pastor Hubbard stated probably once every 10 seconds or so and would not be constantly changing. Mr. Carlyle Sims asked if they thought about a different type of sign; possibly a lighted sign instead. Pastor Hubbard stated that type of sign for the church does not communicate what they do effectively. Mr. Richard Schuemann, 83 Golden Avenue, Church Council President, stated currently they have 2 or 3 banner type signage to communicate their outreaches, sermon series and community events; want something more efficient and aesthetically pleasing as they make an investment in a new sign. Said putting himself in the boards situation of opening the gates for other churches; he believes it would make Battle Creek more vibrant and they are asking the board to take a bold step and allow them to be the best that they can be at communicating the events at their church. Mr. Andy Sims, Church Property Manager, stated he had been on the Zoning Board of Appeals and Planning Commission at Emmett Township and knows it is a thankless job, and know they are on a main corridor on Capital Avenue with a huge amount of road frontage at the church and would like their sign to be more visible and would be better for the church instead of banners and signs that have the letters falling off. Noted most signs are becoming digital and that more and more are going with this trend. Said the old sign is difficult to change and maintain in the winter as it is in the middle of a  Zoning Board of Appeals November 10, 2015 Minutes Page 3 of 7 large lot and is asking the board to look at their request individually and not as setting precedence and to please consider approving their request. Mr. John Stetler asked if there was any further discussion, seeing none he would entertain a motion. MOTION WAS MADE BY MS. BECKY SQUIRES TO APPROVE APPEAL #Z-06-15 FOR A VARIANCE TO ALLOW AN ELECTRONIC CHANGEABLE COPY SIGN LINE FOR PROPERTY ZONED “R1-B SINGLE FAMILY RESIDENTIAL DISTRICT” FOR PROPERTY LOCATED AT 114 E. MINGES ROAD; SECONDED BY MR. JAMES MORENO. Discussion: Mr. John Stetler stated because of being in a residential district he would not want signage next door to residential zoning and would not next door to his home and feel it would also set precedence. Mr. Carlyle Sims said he feels it is a safety issue; that people also look at large signs and it is a neighborhood church with a lot of activity and raises a question to if the digital sign would be that disadvantaged to a sign that is the same size with letters; people will still read it as they drive-by. Mr. James Moreno stated he hears what the petitioner has asked and shared information and have also asked staff to give their interpretation of the city ordinance. Said they have the power to work within the bounds of the ordinance, but feel this is taking them a step beyond their bounds and he would have to agree with the staff review and the ordinance is set to protect the whole of the community. MR. JOHN STETLER ASKED FOR ANY ADDITIONAL COMMENTS, SEEING NONE A VOTE WAS TAKEN; FOUR IN FAVOR (BARNES, GRAY, SIMS, SQUIRES); TWO OPPOSED (MORENO AND STETLER), MOTION FAILED BASED ON THE FINDINGS LISTED IN STAFF REPORT. NEW BUSINESS: A. Z-08-15 (386 Capital Avenue, S.W.): Petition from Mr. Gerald A. Gault, 386 Capital Ave., S.W., request is for a use variance to allow a residential use on a 1 st floor of a legal non-conforming 2nd floor residential use only property that is zoned ”C-3 Intensive Business District”. Mr. Glenn Perian stated this is a use variance request from Mr. Gerald Gault seeking approval to allow two residential apartments in a C-3 zoning district on property located at 386 Capital Ave., S.W. Said the property is currently legal non-conforming and can have one apartment upstairs and the board can have the authority to grant a use variance if there is an unnecessary hardship in a way of caring out the strict letter of the zoning ordinance. Stated the board may grant a use variance so the spirit of the ordinance is observed, public safety secured and substantial justice being done so long as the standard set out in the ordinance has been met. Said most importantly with the determination the property cannot reasonably be used in accordance with the permitted uses in the C-3 zoning district and that the zoning board can impose conditions as otherwise allowed under the Michigan Zoning Enabling Act. Mr. Perian said planning staff has reviewed all the information submitted by the applicant and believes  Zoning Board of Appeals November 10, 2015 Minutes Page 4 of 7 that each condition in Chapter 1234.04 (c) (2) of the Planning and Zoning code can be met and they are recommending approval of this request; reminding the board for approval it would need five board members to vote in favor. Mr. Gerald Gault, 386 Capital Ave., S.W., owner stated he was here today requesting to allow a residential use on the first floor as he had been in a serious accident when he was 50 years old and the injury to his legs make it difficult to climb the stairs. Said he is here to ask for the board’s approval. Mr. John Stetler asked Mr. Gault if he was the property owner. Mr. Gault stated yes. Mr. Carlyle Sims asked Mr. Gault how long ago the lower level had been used for an office. Mr. Gault stated it had been vacant for the past 8-10 years. Mr. John Stetler asked if there was any further discussion, seeing none he would entertain a motion. MOTION WAS MADE BY MR. CARLYLE SIMS TO APPROVE APPEAL #Z-08-15 FOR AN USE VARIANCE TO ALLOW A RESIDENTIAL USE ON A 1 ST FLOOR OF A LEGAL NON-CONFORMING 2ND FLOOR RESIDENTIAL USE ONLY PROPERTY THAT IS ZONED “C-3 INTENSIVE BUSINESS DISTRICT”, LOCATED AT 386 CAPITAL AVE. S.W.; SECONDED BY MR. JAMES MORENO. Discussion: Mr. John Stetler stated that office space is hard to lease in this area and it would be difficult to renovate this structure for a business use and be code compliant. Mr. Carlyle Sims stated that with todays’ handicap laws it would be almost physically impossible without a great expense to be able to use as an office. MR. JOHN STETLER ASKED FOR ANY ADDITIONAL COMMENTS, SEEING NONE A VOTE WAS TAKEN; ALL IN FAVOR; NONE OPPOSED, MOTION APPROVED BASED ON THE FINDINGS LISTED IN STAFF REPORT. B. Z-09-15 (4 Shadywood Lane): Mr. Glenn Perian stated this is a request for a dimensional variance to waive the 25 ft. setback requirement for structures to a front property line on corner lot at 4 Shadywood Lane. Said the project would include a 24 x 16 carport with a flat roof deck on top, located on the north side of the existing home, 8 ft. from a front property line. Stated the Zoning Board of Appeals can approve, approve with conditions or deny the request; staff believes that the practical difficulty is not exceptional or peculiar to the subject parcel in the conditions associated with the property generally exist throughout the city on other corner lots and they are not recommending approval of this request. Mr. Vern Steffel, on behalf of Ms. Ousley stated this is a request for a variance to allow the building of a carport; noted the photo in the staff report is difficult to see how it is laid out and provided to the board a new drawing that provides a better view. Stated this is a corner property that leads into Willard Beach area with a fence and the sketch show how it sits relative to the house with a one car garage underneath the house and narrow driveway making it difficult to get in and out of the one car  Zoning Board of Appeals November 10, 2015 Minutes Page 5 of 7 garage. Stated the neighbors land behind this property is on higher ground and that this rear yard could be excavated but would be expensive to have done to build an addition to existing garage. Mr. Steffel noted the deck would be 30 ft. to the edge of the sidewalk when built and would be a benefit to the neighborhood in appearance and would not have cars parked out in the driveway or roadway. Said in the summer it would have better traffic flow for the park as cars would not be parked in the road and the new build would enhance the neighborhood; therefore they asking for approval by the board. Mr. John Macfarlane, Attorney, stated he is not here to represent anyone and have concerns as living in close proximity to 4 Shadywood Lane. Said after seeing the drawing provided today he is not as concerned and is now reassured. Stated his property is within the 300 foot distance of those notified and that this request would not affect his view and with the new sketch he can see the proposed addition would not block the lake view and does not have a strong objection against this variance request with the following conditions:  Reason to allow would be to get the cars off the street as this is bad for the neighborhood.  Limitation to above deck level to not be allowed to be built any higher at a later date.  Variance to be clarified to which street front it is being requested from as being George B Pl. Mr. Macfarlane asked Mr. Perian to clarify as to what the applicants other options could be; because if they excavate it would create more problems for the neighbors. Ms. Becky Squires stated that the driveway is lengthy and why are using the street parking when the driveway is so long. Mr. Macfarlane stated cars are parked on the street and is a nuisance to the neighbors because it obstructs the view of the lake and prefer cars to be parked in the driveway. Ms. Cynthia Steffel stated there is not much she can add to what has been said other than her support of the carport, feels it will be an asset and improvement to the neighborhood; cannot see it being an obstruction being at ground level and the car shelter would be of help to the property owners. Ms. Nancy Macfarlane said she has reservations regarding the carport as every other home does have an enclosed garage and that it would get the cars off the street and be beneficial to the neighborhood. Said with not seeing the new drawing before today with the new sketched design; the view of the lake would not be blocked and it concerns her that Mr. & Mrs. Schimpf had not had an opportunity to see this drawing of what the project exactly was regarding its design and placement. Mr. Steffel, attorney for property owner said they are in agreement with the three conditions Mr. Macfarlane mentioned and their intent was for just the northside and not frontage of the setback on Shadywood. Said they would be in agreement with the owner that parking would be under the carport as a condition. Said having the garage as it is now makes it difficult to get one car in and out; this request would make it wider to allow for both cars and construction would be limited to the deck /carport width and be appealing in appearance and feel that if Mr. Schimpf had seen the sketch provided today, he would agree it would not obstruct his view of the lake. Mr. John Stetler asked if there was any further discussion, seeing none he would entertain a motion. MOTION WAS MADE BY MS. BECKY SQUIRES TO APPROVE APPEAL #Z-09-15 FOR A DIMENSIONAL VARIANCE TO ALLOW CONSTRUCTION OF A  Zoning Board of Appeals November 10, 2015 Minutes Page 6 of 7 DECK/CARPORT TO BE BUILT 8 FT. FROM A FRONT-YARD PROPERTY LINE ON GEORGE B PL. STREET FOR PROPERTY ZONED “R-1B SINGLE FAMILY RESIDENTIAL DISTRICT” FOR PROPERTY LOCATED AT 4 SHADYWOOD LANE; SECONDED BY MR. JAMES MORENO. Discussion: Ms. Becky Squires stated she did not believe they could make a condition that they cannot park on the street and make them park only in the driveway. Mr. Glenn Perian stated he would defer that question to our city attorney and think the other conditions are reasonable and acceptable. Mr. Marcel Stoetzel stated he would need to look into that specific condition regarding parking. Mr. Perian stated if they are legally parking on the street, not sure how they can enforce not allowing them to park on the street. Said with those concerns noted as being good property owners they should take that into consideration and be good neighbors and respect the other properties. Mr. John Stetler stated he would not want parking on the street to be a restriction for allowing the variance and does feel it is a unique property with having a wide road right-of-way. Mr. Rick Barnes asked if this variance was for the George B Drive setback. Mr. Perian stated yes, it is shown on the application as being the northwest corner of the house. Mr. Rick Barnes stated it was brought up that they could excavate into the hill; if so how high could they build if they chose to do so. Mr. Perian stated for clarification he had not suggested they dig into the hill; it was brought up they could excavate and he would not know how that would be done, his thinking was they currently have a one car garage and for the deck they could build a deck elsewhere in the yard. Mr. Rick Barnes said if they chose to excavate and do it legally they could block the neighbors view. Mr. James Moreno referenced page 3, item (D) of the staff report where it mentions the request exceeds the minimum requirement of what they want to accomplish; asked if this in reference to the deck only. Mr. Perian stated yes it was in reference to the deck as they already have an existing one- car garage and shelter for their personal property. Said he personally has only a one car garage and they make due because that is what he has. Mr. John Stetler stated he personally would be voting in favor of this request, but would be much more comfortable if they made an amendment to the motion to require that the improvements be done in compliance with the sketch provided today. MOTION AMMENDMENT: WAS MADE BY MS. BECKY SQUIRES TO APPROVE THE DIMENSIONAL VARIANCE REQUEST #Z-09-15 TO BUILD A DECK/CARPORT AS PROVIDED ON THE SKETCH SUBMITTED AND NOT BE BUILT ANY HIGHER THAN THE DECK AND MAY BE BUILT 8 FEET FROM PROPERTY LINE ON GEORGE B PL. STREET FOR PROPERTY IN AN R-1B RESIDENTIAL ZONE LOCATED AT 4 SHADYWOOD LANE; SUPPORTED BY MR. JAMES MORENO. ALL IN FAVOR; NONE OPPOSED, MOTION CARRIED TO APPROVE.  Zoning Board of Appeals November 10, 2015 Minutes Page 7 of 7 C. Approval of Year 2016 ZBA Meeting Dates: (Correction of February Mtg. Date) MOTION: WAS MADE BY MR. SAMUAL GRAY TO APPROVE THE ZONING BOARD OF APPEALS ANNUAL MEETING DATES FOR YEAR 2016, AS PRESENTED; SUPPORTED BY MS. BECKY SQUIRES. ALL IN FAVOR; NONE OPPOSED, MOTION CARRIED –DATES APPROVED. D. Election of Vice-Chairperson: NOMINATION: WAS MADE BY MS. BECKY SQUIRES TO APPOINT MR. SAMUEL GRAY FOR VICE-CHAIRPERSON; SUPPORTED BY MR. CARLYLE SIMS. ALL IN FAVOR; NONE OPPOSED, NOMINATION APPROVED. APPROVAL OF MINUTES: MOTION: WAS MADE BY MR. CARLYLE SIMS TO APPROVE THE OCTOBER 13, 2015 ZONING BOARD OF APPEALS MINUTES AS PRESENTED; SUPPORTED BY MR. RICK BARNES. ALL IN FAVOR; NONE OPPOSED, MOTION CARRIED –MINUTES APPROVED. COMMENTS BY THE PUBLIC: None COMMENTS BY THE MEMBERS / STAFF: Mr. James Moreno asked staff Ms. Leona Parrish if notices regarding variance requests were published in the local newspaper. Ms. Parrish stated yes, per State requirements public notices regarding variance requests are sent to all properties within 300 ft. of the subject property and also published in the Shopper newspaper at least 15 days prior to the public hearing date; noted the meeting agenda is posted at City Hall, agendas and staff reports are also posted on the City’s web site for public viewing. Mr. James Moreno asked regarding the public notices because after their meeting in September of this year regarding the vote on the Gentleman’s Club on Raymond Rd. an article was printed from Safe Place and also another this past week regarding the activities of the Zoning Board; referring to the fact of the noticing of information and individuals not being able to be present at the meetings. Mr. Perian noted that a copy of the meeting agenda also is mailed to all the Neighborhood Planning Councils; so there are avenues for people to find out what is being requested. Mr. Moreno stated individuals have opportunities to speak and if concerned they should have attended the meeting; as this board does take and pay attention to all input for or against an appeal. ADJOURNMENT: Meeting was adjourned at 4:58 P.M. Submitted by: Leona A. Parrish, Administrative Assistant, Planning Department