Zoning Board of Appeals

ZONING BOARD OF APPEALS MEETING MINUTES March 8, 2016 4:00 P.M. CALL TO ORDER: Mr. John Stetler, Chairperson called meeting to order at 4:00 P.M. ATTENDANCE: Members Present: Deland Davis James Moreno Samuel Gray Becky Squires Bill Hanner John Stetler Members Excused: Carlyle Sims Staff Present: Marcel Stoetzel, Deputy City Attorney Glenn Perian, Senior Planner, Planning Dept. Leona Parrish, Admin. Assistant, Planning Dept. ADDITIONS OR DELETIONS TO THE AGENDA: None CORRESPONDANCE: None 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 NEW BUSINESS: A. Z-01-16 (3003 Gethings Road): Petition from Sign Impressions, Inc., Mr. Paul Havenaar, on behalf of Birchwood United Methodist Church, requesting a variance to allow an Electronic Changeable Copy Sign in a property zoned “R-1B Single Family Residential District”. The permit application is requested pursuant to Planning and Zoning Code, Chapter 1296.20(g). Mr. Glenn Perian stated appeal #Z-01-16 is a petition from Mr. Paul Havenaar from Sign Impressions on behalf of Birchwood United Methodist Church, requesting a use variance to allow a changeable copy sign to operate at 3003 Gethings Rd. in an R-1B zoning district. Said currently, automatic changeable copy signs are only permitted in office, commercial, and industrial zones of the city; that the Zoning Board of Appeals can approve, approve with conditions, or deny this request. Mr. Perian stated the Planning staff has reviewed the standards outlined by statute and ordinance and it is their opinion that the appellant has not met all the standards out lined in Chapter 1296.31 specifically, paragraph (j) which states: Nothing contained herein shall be construed to authorize the board to 1 of 5  Zoning Board of Appeals March 8, 2016 Minutes Page 2 of 5 change the terms of this chapter or to add to the types of signs permitted on any premises. Stated allowing an automatic changeable copy sign in residential zone is specifically prohibited by this chapter; staff cannot support this request and recommend denial of appeal #Z-01-06. Said this particular sign was put up before a permit had been issued and we would like to remind the board that a vote of five is required to approve this request. Mr. Paul Havenaar, Sign Impressions, Inc., 3929 Ravine Rd, Kalamazoo, MI, was present and stated a call was made asking them to remove the Changeable Copy Sign and replace with an Electronic Message Center; said the person he spoke with told him it would not be a problem as long as there was not any change in the size of the sign. Said his wife was diagnosed with a returning breast cancer that had migrated to her liver and spine; he had not pulled the permit until October 12, 2015 and received a call by Mr. Glenn Perian, stating that a “EMC” or Changeable Copy sign would not be allowed in a residential area; noted he had called in July and was told if the size of the sign did not change there would be no problem; said Mr. Perian said he did not know who he had spoken to at that time, but had been misinformed. Asked what was the difference between a changeable copy sign and an electronic sign (displayed to the board the two types of signs). Said there was no difference other than one is electronic and the other was done manually. Stated at last month’s meeting it was mentioned that traffic safety was an issue with digital signs and handed out a document (attachment A) regarding EMCs and Traffic Safety, noting that digital signs have not been found to be distracting as to be the cause of accidents. Stated this type of sign is being used for schools that have many students and have not recorded any problems with traffic. Mr. Havenaar said the other concern was with the neighbors, which are not angered by the sign and have submitted four letters of support and had said they like the sign and look forward to seeing the messages which change every 10 seconds; noted EMC’s are built with many features for their light such as night-time brightness and can also be adjusted if needed and may be turned off at certain time of day. Mr. Havenaar stated Mr. Jeff Johnson was present here today as a representative of Think Signs, which is the manufacturer, to answer any questions regarding the sign. Mr. John Stetler stated no thank you there were no questions from the board. Mr. Havenaar stated in review EMC’s are used for high schools and elementary schools with no problem and the Federal Government studies have concluded that EMC’s are safe and no difference between an EMC and a Changeable Copy Sign and is asking for their variance to be considered and that Birchwood United Methodist Church be allowed to keep their sign. Mr. Havenaar wanted to note there was an existing EMC sign at the Seventh Day Baptist Church on the corner of N. Washington and Emmett Street, which is in a residential area also. Mr. James Moreno asked regarding the timeline when he called the city and did not recall to whom he spoke with and why was the permit not followed-up with before the installation of the sign. Mr. Havenaar stated it would have been, but he had been busy with his wife being ill and it was missed as he was the only person handling the sign request. Said he had submitted the permit after receiving the call from Mr. Perian. Mr. Deland Davis noted Mr. Havenaar’s presentation was a strong one and he agrees with what was said; however because the church is in a residential area and is not zoned for that type of sign they cannot as a board approve the sign and would need to have the zoning ordinance changed by the Planning Commission.  Zoning Board of Appeals March 8, 2016 Minutes Page 3 of 5 Mr. Paul Havenaar stated both types of signs do the same thing and the only difference is one is done by hand and one electronically. Mr. Deland Davis stated he understands, but automatic changeable signs are not allowed in residential area and that the Zoning Board cannot change the ordinance. Mr. Bruce Kenny, Pastor of Birchwood United Methodist Church, stated one of the issues they are facing is they have two congregations and are the host of the second congregation that speaks the Mizo language and they cannot address their needs when the sign has to be done manually for both congregations. They try to assist their congregation as much as possible to bring the word of God; of which they are growing quickly and one of the ways is through the electronic sign as opposed to a manual sign, which is a one message static sign. Mr. Samuel Gray asked if the new sign needed an electrical permit. Mr. Havenaar stated it did not need an electrical permit as the old sign already had electricity. Ms. Penny Walkinshaw, 97 E. Hamilton Ln., stated she is a long time member of the church and it was unfortunate to be here today and unperceived. Stated their vision statement at Birchwood is “Christ in Every Heart” and they are alive and well and excited to share the love of Christ, and think their sign helps to communicate that message. Said Birchwood is a congregation with strength and local missions and ministries, eyes, ears, feet, hands and hearts reach-out to the Lakeview Food Pantry; Salvation Army Soup Kitchen; Charitable Union; Blue Star Mothers and other things as well as at Thanksgiving and Christmas they get excited to feed and gift people with needs. Said recently they have begun as their Pastor said to share their Church with their Mizo brothers and sisters from Burma. Said they have only received positive comments with no accidents have occurred and they hope they will be allowed to keep the sign as it is, so it can continue to send a message of welcome and love to our community. Mr. Terry Smith, 700 North Ave., Apt. #119, North Point Woods, stated he has been a part of the congregation for 70-years, dating back to when they were on Upton Avenue, and attended when Birchwood was erected at its current location. Said that the church has prospered at this location to over 150 people per service and then held a second service and have always been a giving church seeking to do service and give about one dozen holiday baskets to needy people in the area for Easter, Thanksgiving and Christmas. Stated they assist the Salvation Army Soup Kitchen, Haven Out-Reach which goes beyond this community. Stated the attendance has been declining and the sign is one attempt to let people know who they are and what type of service they can provide them and have the facilities and capacity to serve more people and the sign would be important to their congregation and think their church is important to that area and to the community. Mr. Greg Casterline, 87 Camery, said he understands Mr. Davis concerns and have listened closely regarding the zoning and is here today pleading with the board to ask for a change and asking for a variance so they can help their church grow; help pass the word on to our community and hope they do not all resist change and are open to accepting. Mr. Casterline thanked the board. Mr. Paul Havenaar asked Mr. Marcel Stoetzel, Deputy City Attorney if the board has the authorization to approve this variance. Mr. Stoetzel stated Mr. Stetler, Chairperson would need to give him permission to speak to that question. Mr. John Stetler stated it would have to be a peculiar situation that they have not seen before; they can agree with the staff report or disagree with the staff report and  Zoning Board of Appeals March 8, 2016 Minutes Page 4 of 5 then make a decision. Stated they have not discussed this appeal as a group and do not discuss until they come to this meeting before you today, so he has no idea how the board will vote on the issue. Mr. Havenaar asked if they have the authorization to grant a variance. Mr. Stetler said if they felt it met the criteria, yes they have the authority to approve. 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-01-16 FOR AN VARIANCE TO ALLOW AN ELECTRONIC CHANGEABLE COPY SIGN FOR A PROPERTY THAT IS ZONED “R-1B SINGLE FAMILY RESIDENTIAL DISTRICT”, LOCATED AT 3003 GETHINGS ROAD; SECONDED BY MR. DELAND DAVIS. Discussion: Ms. Squires stated in the past they were approached to approve another changeable copy sign for a church in a residential area and as a board had to deny based on the ordinance. Said they only have authority to approve what the ordinance states and it sounds as though the churches in the community wish to see a change in the ordinance. Said that the Planning Commission and City Commission needs to review the sign ordinance and that they can interpret zoning based on the rules provided to them. Stated in her opinion they would be in court if they were to approve this request, as they had denied the previous one. Mr. John Stetler stated he will bring it to the Planning Commission’s attention to review for any changes. MR. JOHN STETLER ASKED FOR ANY ADDITIONAL COMMENTS, SEEING NONE A VOTE WAS TAKEN; ALL OPPOSED BASED ON THE FINDINGS AND AGREEMENT WITH THE STAFF REPORT; NONE IN FAVOR, MOTION DENIED . Mr. Stetler stated the variance request has been denied and their only option would be to appeal to Circuit Court. Stated he will present it to the Planning Commission, but that any process from that would take some time. Mr. Havenaar asked when the Planning Commission meets. He was told they meet the fourth Wednesday of each month and the next meeting is scheduled for March 23, 2016, at 4:00 pm., at this location and he was welcome to attend if he wished. B. Election of Officers: Ms. Becky Squires nominated Mr. John Stetler as Chairperson; Second by Mr. Jim Moreno. (No other nominations submitted) Roll Vote Taken; All in Favor, None Opposed. Ms. Becky Squires nominated Mr. Samuel Gray as Vice-Chairperson; Seconded by Mr. Deland Davis. (No other nomination submitted) Roll Vote Taken: All in Favor, None Opposed.  Zoning Board of Appeals March 8, 2016 Minutes Page 5 of 5 APPROVAL OF MINUTES: MOTION: WAS MADE BY MR. JAMES MORENO TO APPROVE THE DECEMBER 8, 2015 ZONING BOARD OF APPEALS MINUTES; SUPPORTED BY MS. BECKY SQUIRES. ALL IN FAVOR; NONE OPPOSED, MOTION CARRIED –MINUTES APPROVED. COMMENTS BY THE PUBLIC: None COMMENTS BY THE MEMBERS / STAFF: Mr. Deland Davis wanted to express his appreciation for Mr. John Stetler for doing an excellent job in leading this group and feel he handles the meetings well as Chairperson. Mr. James Moreno stated he was glad the sign ordinance was going to the Planning Commission because ultimately it gets decided there; because technology is moving forward and if the Planning Commission sees to carry forward and be changed for the modern times. Mr. Samuel Gray stated he echo’s what Mr. Moreno says regarding signs as they are beneficial to churches and the community. Said he feels they are important, like the information that is displayed and have seen them everywhere and would like to see the ordinance changed. Mr. John Stetler stated he will present the board members points of view to the Planning Commission. Said personally he does not feel blinking signs should be in residential areas, as he personally does not like them in a residential area; if the churches were located in a business district they would be allowed. Stated as requested he will take it to the Planning Commission for their review. Mr. James Moreno stated it needs to have its review and if decided to not allow them in a residential zone, then the zoning board is following that decision. Ms. Becky Squires asked Mr. Perian regarding the sign installed for the church on the corner of Washington and Emmett Street, that he follow-up on how that property is zoned. Mr. Perian stated Mr. Farmer just brought him a copy of their sign and electrical permit and it had been reviewed and approved by the department supervisor in 2012, property is zoned R-3B Multiple Family Residential. Mr. Glenn Perian welcomed Mr. Bill Hanner as the new Zoning Board member and feel he will be an asset to the board. Other members also welcomed Mr. Hanner. Mr. John Stetler stated we are still looking for (2) alternate members to be appointed and if the board knows of anyone who might be interested to have them apply. Mr. Perian stated Ms. Zuzga is working on filling all the boards/commissions and is aware of the openings needing to be filled. ADJOURNMENT: Meeting was adjourned at 4:44 P.M. Submitted by: Leona A. Parrish, Administrative Assistant, Planning Department