Zoning Board of Appeals

ZONING BOARD OF APPEALS MEETING MINUTES February 13, 2018 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 Bill Hanner John Stetler Mark Jones Members Excused: Becky Squires and Carlyle Sims Staff Present: Marcel Stoetzel, Deputy City Attorney Eric Feldt, Planner, Planning Dept. Leona Parrish, Admin. Assist. Planning Dept. ADDITIONS OR DELETIONS TO THE AGENDA: None CORRESPONDANCE: None OLD BUSINESS: 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, 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-01-18 (18 Angell Street): Petition from Mr. Martin Liverance, 134 Columbia Rd., Berkley, MI 48072, requesting a use variance to allow entire building to be a “Single Family Residential” use for property zoned “I-1 light Industrial and C-3 Intensive Business” district. The permit application is requested pursuant to Planning and Zoning Code, Chapter 1272.03 & 1264.03. Mr. Eric Feldt, Planner stated he was here today to provide an outline of the staff report for Mr. Glenn Perian, Senior Planner, who is out of the office. Stated the property owner is requesting to use the balance of this property as a residential use as it is currently only allowed on the upper level, which was approved in year 2004 to allow residential use on second floor of this commercially zoned building. Said the structure on this property was built in year 1920 having 5,561 sq. ft. in size and sits on approximately 1.5 acres. Mr. Feldt noted the neighboring uses are commercial and that in 2004 it was allowed to be used on the upper level as residential; which was a legal non-conforming use as in 1940’s; with a variance approved it became conforming use. Stated this property has been on and off the dangerous building list for the City since 2001 and has been on and off the vacant and abandoned list since 2013 and they need to make 1 of 6  Zoning Board of Appeals February 13, 2018 Minutes Page 2 of 6 it a viable building again and bring it up to code having an estimated cost of repair is $358,462 dollars. Mr. Feldt stated if granted it would not alter the character of the neighborhood and based on the findings (a) thru (d) could be met for the board to approve the use variance request. Mr. Martin Liverance (owner) was present and stated he has owned this property for three years and has tried to work with the Inspections Department and has tried to sell this property. Said the cost of repair is $356,000 dollars and he cannot afford. Stated he had an engineer state that the lower level could be left as is and used for garage and leave the existing basketball court and have the upper level used as residential. Said per city code if he personally owns and lives there, he can do the repairs himself. Mr. Mark Jones asked Mr. Liverance if this would be used as his personal residence and if he planned to move to Battle Creek. Mr. Liverance said yes after the changes have been done. Mr. Mark Jones asked staff if multiple-family residential allows for single-family use as the Master Plan show it to become multiple-family in the future. Mr. Eric Feldt said yes, multiple-family does allow for single-family residential use. Mr. Jones said in the past Michigan Avenue used to be single-family and parking could then become a problem if the owner considered it later. Chair Mr. John Stetler asked if there was any further discussion; seeing none, he would close the Public Hearing and entertain a motion. MOTION WAS MADE BY MR. JAMES MORENO TO APPROVE APPEAL #Z-01-18 FOR A USE VARIANCE; TO ALLOW ENTIRE USE AS A SINGLE-FAMILY DWELLING FOR PROPERTY LOCATED IN THE “I-1 LIGHT INDUSTRIAL AN C-3 INTENSIVE BUSINESS DISTRICT” AS STATED IN THE APPLICATION AND FINDINGS OUTLINED IN THE STAFF REPORT FOR PROPERTY LOCATED AT 18 ANGELL STREET; SECONDED BY MR. DELAND DAVIS. Discussion: Mr. Jim Moreno asked if a use variance would require a majority vote of everyone present to be approved. Mr. Marcel Stoetzel said the guidelines state it would require 2/3 of the board membership; which would be 5 persons and that would be all present today would need to vote in favor to be approved. Chairperson Stetler asked the applicant Mr. Liverance if he would prefer them to continue and vote today on his variance request or postpone voting until more than five members are in attendance. Mr. Liverance stated he would prefer to have more members in attendance and agreed to postpone. MOTION WAS MADE BY MR. DELAND DAVIS TO POSTPONE UNTIL MARCH APPEAL #Z-01-18 FOR A USE VARIANCE TO ALLOW FOR MORE MEMBERS TO BE IN ATTENDANCE; REGARDING THE REQUEST TO ALLOW ENTIRE USE AS A SINGLE-FAMILY DWELLING FOR PROPERTY LOCATED IN THE “I-1 LIGHT INDUSTRIAL AND C-3 INTENSIVE BUSINESS DISTRICT” LOCATED AT 18 ANGELL STREET; SECONDED BY MR. BILL HANNER.  Zoning Board of Appeals February 13, 2018 Minutes Page 3 of 6 CHAIR MR. STETLER 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. Z-02-18 (W. Columbia Ave. Parcel #0065-00-285-0): Petition from Marvin Development of South Dakota, LLC; representative is Paradigm Design Inc., Mr. Matt Cole, 550 3 Mile Rd., Suite B, Grand Rapids MI 49544, requesting a dimensional variance for new Taco Bell restaurant to allow menu board to be 44.5 sq. ft. where 32 sq. ft. is only allowed and allow a parking access aisle near building to have a width of 30 ft. instead of the allowed 24 ft. for property zoned “C-3 Intensive Business District” located on a 1-acre outlot in front of Meijer’s on W. Columbia Ave. Permit application is requested pursuant to Planning and Zoning Code, Chapter 1296.07(b)(6) and 1284.03. Mr. Eric Feldt stated the applicant is seeking two variances in order to construct a new Taco Bell restaurant located on an out-lot in front of Meijer Store located on W. Columbia Avenue. Said the City of Battle Creek had revised the sign ordinance in December 19, 2017, and adopted new parking standards on June 16, 2017, which are both relevant to this request. Said one variance request is for signage to be larger than allowed and the other is for wider driveway aisle. Asked if they would review and approve them separately. All members agreed to review and vote on them both separately. Sign Variance Request: Mr. Mike Houseman, 4045 Barden S.E., Grand Rapids, MI, stated this was a unique commercial area for a long time and only this out-lot parcel was left. Stated they are asking to allow for a 44.5 sq. ft. menu board instead of the current ordinance size of 32 sq. ft. as they will be adding a breakfast menu and customers like to have the items listed for calories etc. noted when ordering. Said they would add landscaping as a condition of approval and is asking the board to approve their request. Chair Mr. John Stetler asked if there was any further discussion; seeing none, he would close the Public Hearing and entertain a motion. MOTION WAS MADE BY MR. MARK JONES TO APPROVE APPEAL #Z-02-18 FOR A DIMENSIONAL VARIANCE; TO ALLOW A SIGN TO BE 44.5 SQ. FT. WHERE 32 SQ. FT. IS ONLY ALLOWED FOR PROPERTY LOCATED IN THE “C-3 INTENSIVE BUSINESS DISTRICT” AS STATED IN THE APPLICATION AND FINDINGS OUTLINED IN THE STAFF REPORT FOR PROPERTY LOCATED ON AN OUT-LOT IN FRONT OF MEIJER’S ON W. COLUMBIA AVE.; SECONDED BY MR. DELAND DAVIS. Discussion: Mr. Mark Jones asked regarding the new sign ordinance and how the change was determined. Mr. Eric Feldt stated Mr. Glenn Perian had worked on those revisions; he believed it was determined by the average size. Mr. Mark Jones said given the location with the competition it would not be fair to other businesses and on a personal level he cannot see the larger ones as they have more to read. Stated this sign would be one foot larger and think you cannot tell the difference if up close.  Zoning Board of Appeals February 13, 2018 Minutes Page 4 of 6 Mr. Bill Hanner asked how large the sign is for Taco Bell that is at Capital and Columbia. Mr. Houseman stated he believes it is 60 sq. ft. as it used to show calories and is more difficult to do so now. Mr. James Moreno stated he feels staff has done their due diligence and would agree with staff that the criteria for approval had not been met. CHAIR MR. STETLER ASKED FOR ANY ADDITIONAL COMMENTS, SEEING NONE A VOTE WAS TAKEN; ONE IN FAVOR (JONES); AND FOUR OPPOSED (DAVIS, HANNER, MORENO, AND STETLER) BASED ON THE FINDINGS AND AGREEMENT WITH THE STAFF REPORT; MOTION DENIED. Parking Access Aisle Variance Request: Mr. Eric Feldt stated this request was to allow a parking access aisle near the building to have a width of 30 ft. which is in conflict with the ordinance that allows 24 ft. for two cars may be side by side to pass. Stated the applicant says it is needed for safety of guest and pedestrians. Mr. Feldt said the design of the building has the trash bin inside and the width would need to accommodate the trucks access to pick-up the trash. Stated because of it being unique staff find that extra width is not necessary and has determined the variance cannot be approved because of the design of the building. Mr. Matt Cole stated he had spoken with Mr. Glenn Perian and was asked to bring additional information; noted because of the hours they are open and having delivery truck coming and other vehicles, it would allow more space. Stated because of the trash being inside it helps to keep vermin out, etc. and is a better design for staff safety reasons. Said he is asking for approval for the deliveries and would be cleaner as a result. Chair Mr. John Stetler asked if there was any further discussion; seeing none, he would close the Public Hearing and entertain a motion. MOTION WAS MADE BY MR. MARK JONES TO APPROVE APPEAL #Z-02-18 FOR A DIMENSIONAL VARIANCE; TO ALLOW A PARKING ACCESS AISLE NEAR BUILDING TO HAVE A WIDTH OF 30 FT. WHERE 24 FT. IS ONLY ALLOWED FOR PROPERTY LOCATED IN THE “C-3 INTENSIVE BUSINESS DISTRICT” AS STATED IN THE APPLICATION AND FINDINGS OUTLINED IN THE STAFF REPORT FOR PROPERTY LOCATED ON AN OUT-LOT IN FRONT OF MEIJER’S ON W. COLUMBIA AVE.; SECONDED BY MR. DELAND DAVIS. Discussion: Mr. Mark Jones said the 24 ft. width is based on two cars to maneuver and had they considered that trucks are larger. Mr. Feldt said he was not the staff that had prepared the report; but the 24 ft. does allow two cars, that in town the other restaurants do not have a separate drive and usually park in areas as not to conflict with traffic. Said it is designed for streetcars and not truck delivery and/or garbage removal. Mr. Mark Jones stated he had been an engineer and provided a drawing done by AASHTO (American Association of State Highway Transportation Officials); noted 24 ft. is for two passenger cars and found the city has 40 ft. trucks in the old days and are now larger. Stated physics is the issue and need to allow space for larger trucks. Said he is in favor of the 30 ft. allowed width as it is needed for the larger trucks.  Zoning Board of Appeals February 13, 2018 Minutes Page 5 of 6 Mr. James Moreno said he had a question for the engineer, Mr. Matt Cole as to what was the minimum width they would ask for under 30 ft. Mr. Matt Cole stated 30 ft. width works best, if smaller it would make cars move back and forth. Said it does not meet the Fire Truck Code and that they would take what they can. VICE-CHAIR MR. JAMES MORENO ASKED FOR ANY ADDITIONAL COMMENTS, SEEING NONE A VOTE WAS TAKEN; ALL IN FAVOR; NONE OPPOSED MOTION APPROVED. C. Election of Officers: (Mr. Stetler asked to not be reappointed as Chairperson.) Mr. Deland Davis nominated Mr. James Moreno as Chairperson; Second by Mr. Bill Hanner. (No other nominations submitted) Roll Vote Taken; All in Favor, None Opposed. Mr. Deland Davis nominated Mr. Bill Hanner as Vice-Chairperson; Seconded by Mr. James Moreno. (No other nomination submitted) Roll Vote Taken; All in Favor, None Opposed. D. Approval of 2018 Meeting Dates: MOTION MADE BY MR. JAMES MORENO TO APPROVE THE ZONING BOARD OF APPEALS ANNUAL MEETING DATES FOR YEAR 2018, AS PRESENTED; SUPPORTED BY MR. DELAND DAVIS. ALL IN FAVOR; NONE OPPOSED, MOTION CARRIED –DATES APPROVED. APPROVAL OF MINUTES: MOTION MADE BY MR. JAMES MORENO TO APPROVE THE JULY 11, 2017 ZONING BOARD OF APPEALS MINUTES AS SUBMITTED, SECONDED BY MR. MARK JONES. VOTE ON MINUTES APPROVAL: ALL IN FAVOR; NONE OPPOSED; MINUTES APPROVED. COMMENTS BY THE PUBLIC: None COMMENTS BY THE MEMBERS / STAFF: Mr. Mark Jones asked Mr. Marcel Stoetzel, Deputy City Attorney regarding the Open Meetings Act limitations for discussion outside of the meeting. Mr. Jones said “he believes it is a matter of quorum and if he speaks to a single person that is allowed; but he understands under the Open Meetings Act they cannot have a quorum, which last month since there were only five members; if they had spoken to two other persons it would have been three and would have been a quorum”. Mr. Stoetzel response was that they could not violate that for the quorum, but if he has a question of another member, they can do that. Stated that was correct, given the way it was presented where it was three or more he believes; that would have been in violation. Mr. Deland Davis noted that we currently do not have an alternate member and that in the past our alternates have filled member seats when vacant and that we need to appoint an alternate member.  Zoning Board of Appeals February 13, 2018 Minutes Page 6 of 6 Chairperson John Stetler stated he would speak with the City Manager’s office and request the Mayor appoint an alternate Zoning Board of Appeals member. Mr. Bill Hanner thanked Mr. Stetler for his work on the board as being Chairperson and thanked Leona Parrish for her service to the board. Mr. Mark Jones stated there is a need to look at average maximums and minimums for driveways. Mr. Eric Feldt stated staff gathered the maximum and minimums by looking at other communities to accommodate vehicles. Said usually the design for the property is a horseshoe design with vehicles on both sides and have delivery trucks come during their low volume time and or when they are closed. ADJOURNMENT: Chair John Stetler made a motion for the meeting to be adjourned; all stated in favor, meeting was adjourned at 5:22 P.M. Submitted by: Leona A. Parrish, Administrative Assistant, Planning Department