Board of Zoning Appeals Regular Meeting

Development Center Board of Zoning Appeals 1120 Monroe Ave NW Meeting Full Grand Rapids, MI 49503 October 20, 2022 Public Hearing Room, 2nd Floor I. 12:00 - 12:30 p.m. Commissioner's lunch - Room 303 II. Roll Call PRESENT: Rabaut, Swanson, Kilpatrick, Montgomery, Stella, Perkins ABSENT: Zeiser, Castanon, McCoy, Lewis, Schaffer, Alexander STAFF PRESENT: Planning Director Kristin Turkelson, Assistant Planning Director Tyler Kent, Dale Fitz, Assistant City Attorney Michael Hoeker, and recording secretary Carol Gornowich III. Approval of Minutes 1. Approval of Minutes from May 19, 2022 RESULT: ACCEPTED [UNANIMOUS] MOVER: Ryan Kilpatrick SECONDER: Micah Perkins YEAS: Rabaut, Swanson, Kilpatrick, Montgomery, Stella, Perkins ABSENT: Zeiser, Castanon, McCoy, Lewis, Schaffer, Alexander IV. Public Hearings beginning 1:00 p.m. or soon thereafter in the Public Hearing Room, 2nd Floor A. 1:00 PM - P-BZA-2022-0005 - Use Variance Address: 975 Ottawa Ave NW Case Number: P-BZA-2022-0005 Applicant: My Space Self Storage (Gary Gerrits) Owner: 973 Ottawa Ave LLC (David De Maagd) & Propertal LLC (Ismail Sallam) Agent: Michael Corby Variance Type: Use Requesting: To convert an existing building into a self-storage facility, with four stories of storage units, and approximately 6,000 sq. ft of ground floor commercial/ office/retail space, abutting Ottawa Ave NW. Self-storage facilities are not a permitted use in the TN-CC Zone District. Generated 10/20/2022 3:58 PM Board of Zoning Appeals Meeting Full Page 2 October 20, 2022 Lot Size: Frontage: 283.52 ft. Depth: 182.73 ft. Area: 1.06 acres Zoning: TN-CC Inspection: Stella Ordinance Sec. 5.6.06.B. Previous Appeals and See Attached Disposition: Ms. Turkelson explained that it is the recommendation of City staff, and the developer is in concurrence, that the Board postpone the case until November 17, 2022. There has been some recent information submitted and it is her opinion that additional time is needed by respective legal counsel to review that information. The information is specific to the vacated right-of-way immediately north of the subject property. There are questions about the usability of that former right-of-way, which is material to today’s consideration. As noted in the plans, loading and unloading is proposed on the north with access via the vacated right-of-way. There hasn’t been adequate time for staff to fully vet the information and easement restrictions in place. Therefore, the requested postponement. Additionally, staff nor the applicant will provide a full presentation of the request today unless requested by the Board. However, a public hearing was scheduled and it would be appropriate to open the public hearing and take public comment. Ms. Rabaut invited the applicant to comment further if desired. Mike Corby, Integrated Architecture, was present on behalf of the request. He explained that the early information they received on the right-of-way is that they had rights to the portion of the right-of-way owned by 975 Ottawa. Mr. Corby related that they are meeting with the attorney that drew up the easement on Friday and they concur with Ms. Turkelson’s request to postpone. Ms. Rabaut opened the public hearing and invited public comment. Dave De Maagd related that he is part owner of the subject building. They have explored a number of alternatives and this is the proposal that by far looks the best. Mr. De Maagd invited questions regarding the use request. Elianna Bootzin, Executive Director of Neighbors of Belknap Lookout, pointed out that they have submitted a letter relating that they had engagement with the applicant. She related that she will not be able to be present at next month’s meeting but wished to be sure the environmental issues that were identified in a letter submitted are also taken into consideration. Ms. Turkelson explained that the public hearing will continue on 11/17/22 and public comment will be invited. Board of Zoning Appeals Meeting Full Page 3 October 20, 2022 Motion by Mr. Stella, supported by Mr. Perkins, to postpone the request to the 11/17/2022 meeting. Motion carried unanimously. RESULT: TABLED OPEN [UNANIMOUS] MOVER: Fred Stella SECONDER: Micah Perkins YEAS: Rabaut, Swanson, Kilpatrick, Montgomery, Stella, Perkins ABSENT: Zeiser, Castanon, McCoy, Lewis, Schaffer, Alexander V. Discussion 1. Adoption of 2023 BZA Meeting Schedule Motion by Mr. Perkins, supported by Mr. Kilpatrick, to adopt the 2023 BZA Meeting Schedule. Motion carried unanimously. 2. Election of Officers Ms. Turkelson related that Mr. Castanon has submitted his resignation. Ms. Schaffer was nominated for Vice-chair. Ms. Turkelson suggested waiting to elect a Vice- chair until Ms. Schaffer is present to give her an opportunity to respond. Motion by Mr. Stella, supported by Mr. Perkins, to reappoint Ms. Rabaut as Chair. There were no additional nominations for Chairperson. The question was called. Motion carried unanimously. Mr. Perkins nominated Ms. Montgomery for Vice-chair. Ms. Montgomery wished to defer to Ms. Schaffer if she is open to accepting the position. Otherwise, she would be happy to accept if Ms. Schaffer isn’t interested in serving in that position. General Public Comment A member of the public (Mr. Tingley) interested in the 975 Ottawa case arrived during the election of officers. Ms. Turkelson explained what transpired and that the matter will be taken up again on 11/17/22 due to information that came to light very recently. Mr. Fitz explained further that based on the letter Mr. Tingley submitted they will be looking further into the easement prior to the November meeting. Board Member Appointments - Ms. Turkelson related that there have been recent appointments to the Board of Zoning Appeals. Following appointment of new Planning Commissioners in January, training will be provided to new Board and Commission members as well as any other interested Board members. Board of Zoning Appeals Meeting Full Page 4 October 20, 2022 Update on 1422 Walker NW - Ms. Turkelson provided an update relating that the matter went to court and the property owner pled guilty and was found responsible. Plans for restoration have been submitted and staff is working with the owner and structural engineer to determine to what extent the site can be restored. Those efforts are in process. However, at this point, based on the information provided it won’t be possible to fully restore the site to previous conditions. The areas that can be restored are areas of greatest concern to neighbors. Ms. Turkelson feels they will get to a good place but not back to where the property was 3 years ago. Ms. Swanson asked if there are monetary or other penalties when a case like that goes to court. Mr. Hoeker replied that it depends on the plea and the judge’s discretion. Master Plan Update - Ms. Turkelson related that they have hired Planning Next as the Master Plan consultant. Planning Next is partnered with multiple firms, which was expected given the scope of the Request for Proposal that was sent out. They are aligned with Sam Schwartz, a transportation planning engineering firm, and Sidewalk Detroit is the engagement specialist. There are no local partners, which was a significant part of the consideration, but ultimately it was felt by the selection committee that the experience and expertise outweighed the lack of local experts on the team. However, the steering committee does have local expertise that can also help guide the process. Ms. Turkelson further related that the steering committee met last week for the first time in quite some time; they met with the consultant. The community profile will begin, which is back of house work, while the engagement plan is built. Much of the public facing work will begin in January. VI. Adjournment The meeting was closed at 1:30 PM