Zoning Board of Appeals

ZONING BOARD OF APPEALS MEETING MINUTES May 9, 2017 4:00 P.M. CALL TO ORDER: Ms. Becky Squires, Acting Chairperson called meeting to order at 4:00 P.M. ATTENDANCE: Members Present: Bill Hanner Carlyle Sims Mark Jones Becky Squires James Moreno Members Excused: Deland Davis, and John Stetler Staff Present: Marcel Stoetzel, Deputy City Attorney Glenn Perian, Senior Planner, Planning Dept. Leona Parrish, Administrative Assistant ADDITIONS OR DELETIONS TO THE AGENDA: None CORRESPONDANCE: None OLD BUSINESS: None OPENING COMMENTS: Ms. Becky Squires, Acting Chairperson stated the meeting procedure where everyone present may speak either for or against an appeal and that, she 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. If a petition has been denied the petitioner has the right to appeal to Circuit Court. NEW BUSINESS A. Z-01-17 (7 W. VanBuren Street): Petition from Willard Library, Ms. Catherine Lucas, Assistant Director, 7 W. VanBuren Street, Battle Creek, MI 49017, requesting a variance for signage in a “C-4 Central Business District” zoning district to allow it to be illuminated, exceed 100 sq. ft., 2 ft. below roof line, exceed 1 per street front and letters to exceed 2 ft. in height. The permit application is requested pursuant to Planning and Zoning Code, Chapter 1286.38(a) (1, 2, 3, 4, and 7). Mr. Glenn Perian provided the information written in the staff report regarding the dimensional variance appeal #Z-01-17 that is a request submitted by Willard Library and relates to signage in the “C-4 Central Business District” as follows:  Chapter 1296.38(a)(1) which restricts the illumination of building signs.  Chapter 1296.38(a)(2) putting the maximum area for wall signs at 100 sq. ft. The request is to allow for approximately 113 sq. ft. for each Willard Library identification sign.  Chapter 1296.38 (a)(3) limiting the height of the signage two feet below the roofline. 1 of 3  Zoning Board of Appeals May 9, 2017 Minutes Page 2 of 3  Chapter 1296.38(a)(4) limiting the number of signs to be one per frontage-the building already has signage at the entrances of the building and the request is to add the Willard Library identification lettering along the corners of the building.  Chapter 1296.38 (a)(7) limiting individual letters to 2 ft. in height; the request is to allow for 3 ft. tall letters as shown in the photo renderings in your packet. Mr. Perian stated staff is recommending approval of request Z-01-17 based on the architecture and scale of the building and property and believe the appellant has met the test for a variance outlined in Chapter 1296.31 of City of Battle Creek zoning code. Mr. Steven Kurr, Valley City Sign, 5009 W. River Dr., N.E., Comstock Park, MI 49321, stated he was here today representing Willard Library. Stated they are requesting approval to add illuminated signage to the upper level of the building as the current sign allowed by the ordinance is not sufficient for the scale of the building. Stated the Willard Library building is large enough to support the new sign. Acting Chair Ms. Becky Squires asked if there was any further discussion; seeing none, she would close the Public Hearing and entertain a motion. MOTION WAS MADE BY MR. JAMES MORENO TO APPROVE APPEAL #Z-01-17 FOR AN DIMENSIONAL VARIANCE; TO ALLOW NEW SIGNANGE AS STATED IN THE APPLICATION AND FINDINGS IN THE STAFF REPORT FOR PROPERTY ZONED “C-4 CENTRAL BUSINESS DISTRICT”, LOCATED AT 7 W. VANBUREN STREET; SECONDED BY MR. BILL HANNER. Discussion: Mr. James Moreno stated it seems odd that it had taken this long to request this sign for the library. Mr. Carlyle Sims stated he thinks the signs presented today would be an asset to the building and that it is a nice design. Mr. Mark Jones stated he was in agreement with Mr. Moreno and that the community should have good signage to direct the public to the library as it is currently difficult to find and would be good to help visitors to find. Stated he is in support of the new signage as it is an asset to the community. Mr. Bill Hanner stated he agreed; and would be voting yes and was surprised it had not been done before and thinks it will look fantastic. Mr. Mark Jones asked regarding the sign colors and how they were selected. Ms. Lea Dodd, Director, Willard Library, thanked the board for their support and stated the Library is under-going a new rebranding effort and that it has been a long time since the library logo has changed with the old logo being a book; and feel that the library is more than just books. Stated they have selected dark blue and burgundy as their new look for their identifying colors and has been placed on their delivery van, promotional materials and new library cards.  Zoning Board of Appeals May 9, 2017 Minutes Page 3 of 3 MS. BECKY SQUIRES ASKED FOR ANY ADDITIONAL COMMENTS, SEEING NONE A VOTE WAS TAKEN; ALL IN FAVOR BASED ON THE FINDINGS AND AGREEMENT WITH THE STAFF REPORT; NONE OPPOSED MOTION APPROVED. B. Election of New Officers: Mr. Mark Jones nominated Mr. John Stetler as Chairperson; Second by Mr. James Moreno. (No other nominations submitted) Roll Vote Taken; All in Favor, None Opposed. Ms. Becky Squires nominated Mr. James Moreno as Vice-Chairperson; Seconded by Mr. Bill Hanner. (No other nomination submitted) Roll Vote Taken; All in Favor, None Opposed. C. Approval of Year 2017 Meeting Dates: MOTION MADE BY MR. BILL HANNER TO APPROVE THE ZONING BOARD OF APPEALS ANNUAL MEETING DATES FOR YEAR 2017, AS PRESENTED; SUPPORTED BY MR. JAMES MORENO. ALL IN FAVOR; NONE OPPOSED, MOTION CARRIED –DATES APPROVED. APPROVAL OF MINUTES: MOTION MADE BY MR. CARLYLE SIMS TO APPROVE THE AUGUST 9, 2016 ZONING BOARD OF APPEALS MINUTES AS SUBMITTED; SECONDED BY MR. JAMES MORENO. VOTE ON MINUTES APPROVAL: FOUR IN FAVOR (BILL HANNER, JAMES MORENO, CARLYLE SIMS, AND BECKY SQUIRES); ONE ABSTAINED (MARK JONES); AND NONE OPPOSED; MINUTES APPROVED. COMMENTS BY THE PUBLIC: None COMMENTS BY THE MEMBERS / STAFF: Mr. Glenn Perian made an introduction of new staff member Mr. Eric Feldt; stated Mr. Dave Farmer, Zoning Inspector, had retired and that the Planning Department had hired Eric as a Planner, who was originally from Michigan and had been living in Alaska for the past ten years. Mr. Mark Jones had asked what the difference was in a Zoning Inspector and a Planner. Mr. Perian stated Mr. Feldt will be doing more hands on planning and that he and Mr. Feldt would be sharing any enforcement of zoning issues along with Code Compliance. Mr. James Moreno asked if Code Compliance would also be assisting with zoning. Mr. Perian stated Code Compliance would help report issues when they are out in the field to them to address. Ms. Becky Squires noted the church on corner of Helmer Rd. and Gethings Road have been using the illuminated sign that has not been an allowed as yet by city ordinance. ADJOURNMENT: Meeting was adjourned at 4:15 P.M. Submitted by: Leona A. Parrish, Administrative Assistant, Planning Department