Zoning Board of Appeals

ZONING BOARD OF APPEALS MEETING MINUTES April 10, 2018 4:00 P.M. CALL TO ORDER: Mr. James Moreno, Chairperson called meeting to order at 4:00 P.M. ATTENDANCE: Members Present: Deland Davis Mark Jones Carlyle Sims James Moreno Bill Hanner Carlyle Sims Barbara Hibiske John Stetler Michael Delaware (Alternate) Staff Present: Marcel Stoetzel, Deputy City Attorney Christine Zuzga, Planning Manager Glenn Perian, Senior Planner, Planning Dept. Eric Feldt, Planner, Planning Dept. Laura Rounds, Customer Service Rep., Planning Dept. ADDITIONS OR DELETIONS TO THE AGENDA: None CORRESPONDANCE: Mr. Jim Moreno, Chairperson acknowledged the letter sent in by Fran O’Neil that arrived after the packets were sent out to the board. OPENING COMMENTS: Mr. Jim Moreno, 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. If a petition has been denied the petitioner has the right to appeal to Circuit Court. OLD BUSINESS: A. Z-03-18 (RE: 38 Kenosha Avenue) Petition from Mr. Holden Johnson & Mr. Eric Houck, 38 Kenosha Avenue, Battle Creek, MI 49017, requesting a dimensional variance to allow a Medical Marihuana Growing and Processing Facility in an “I-2 Heavy Industrial” zone to be located 68 ft. from an “R-1C Single Family Residential” zone where a 1,000 ft. distance is required. The permit application is requested pursuant to Planning and Zoning Code, Chapter 1274.03(a)(5) & 1290.01(c)(6&7). Eric Feldt, Planner, Planning Department presented the staff report, presentation and staff recommendation on Z-03-18 requested variance to allow a Medical Marihuana Growing and Processing Facility in an “I-2 Heavy Industrial” zone to be 68 ft. from an “R-1C Single Family Residential” zone where a 1,000 ft. distance is required. Chair Mr. Moreno asked the applicant to come forward and speak regarding his request for a variance. 1 of 3  Zoning Board of Appeals April 10, 2018 Minutes Page 2 of 3 Attorney Craig Aronoff, Senior Attorney with Cannabis Legal Group located at 520 N Main St, Royal Oak, MI 48067, presented a site plan, architectural designs, and renderings of the current site and the final designs along with explaining the State of Michigan’s regulations and requirements for this facility. Chair Mr. Moreno asked the board members if they have any questions for the applicants. It was established that approximately 25 jobs would be generated by the applicants. Questions and answers on 24/7 security, fire suppression systems, residency requirements, State of Michigan requirements. Chair Mr. Moreno asked if there are any members of the public present to either speak for or against the variance. Members of the public that spoke: Larry Rizor (opposed), John Godfrey (opposed), Fran O’Neil (opposed), George Wytko (opposed), Dianna Quigg (opposed), Jack Child (opposed), Jeff Begg (approve), Don Godbehere (opposed). Chair Mr. Moreno allowed a brief rebuttal from attorney Craig Aronoff to address some specific concerns that the public expressed. Chair Mr. James Moreno asked if there was any further discussion; seeing none, he would close the Public Hearing and entertain a motion. Mr. Michael Delaware is an alternate and will not be voting today due to full board present. MOTION WAS MADE BY MR. JOHN STETLER TO APPROVE APPEAL #Z-03-18 FOR A DIMENSIONAL VARIANCE; TO ALLOW A MEDICAL MARHUANA GROWING AND PROCESSING FACILITY IN AN “I-2 HEAVY INDUSTRIAL” ZONE TO BE 68 FT. FROM AN “R-1C SINGLE FAMILY RESIDENTIAL” ZONE WHERE A 1,000 FT. DISTANCE IS REQUIRED. THE PERMIT APPLICATION IS REQUESTED PURSUANT TO PLANNING AND ZONING CODE, CHAPTER 1274.01(a)(5) & 1290.01(c)(6&7) ; SECOND BY MR. DELAND DAVIS. Discussion: Mr. Mark Jones had questions concerning the chapel on the Oakhill Cemetery property and if that affected the variance request. It was confirmed that the chapel does not have defined congregation, and is not open to the public on regularly scheduled hours for services, and therefor is not considered a church under the City’s ordinance. Mr. John Stetler notes that this neighborhood hasn’t had any of the wonderful opportunities that have been spoke of today happen in the last 25, 30 or 40 years. This is a great opportunity to invest and clean this neighborhood up.  Zoning Board of Appeals April 10, 2018 Minutes Page 3 of 3 Mr. Mark Jones concerned about master plan and potential of resale of the current properties next to this type of industry. MR. JAMES MORENO ASKED FOR ANY ADDITIONAL COMMENTS, SEEING NONE A VOTE WAS TAKEN; SIX OPPOSED ( DELAND, DAVIS, BILL HANNER, BARBARA HIBISKE, MARK JONES, JAMES MORENO, CARLYLE SIMS) ONE IN FAVOR ( JOHN STETLER); MOTION DENIED. NEW BUSINESS: None APPROVAL OF MINUTES: MOTION MADE BY MR. CARYLYE SIMS TO APPROVE THE MARCH 13, 2018 ZONING BOARD OF APPEALS MINUTES, SECONDED BY MR. BILL HANNER. VOTE ON MINUTES APPROVAL: ALL IN FAVOR; NONE OPPOSED; MINUTES APPROVED. COMMENTS BY THE PUBLIC: None COMMENTS BY THE MEMBERS / STAFF: James Moreno noted that the 1,000 ft setback is a City requirement and not a State requirement and long term use of the area, this might be something that the Planning Commission might want to look at due to the probability that this question will come again in the future. Welcome Laura Rounds the new Customer Service Representative for Planning & Community Development. ADJOURNMENT: Chair James Moreno made a motion for the meeting to be adjourned; all stated in favor, meeting was adjourned at 5:27 P.M. Submitted by: Laura Rounds Customer Service Representative, Planning Department