Board of Appeals

AGENDA Board of Appeals Wednesday, February 14, 2024 (12:00 PM) 333 W. Michigan Ave. Three Rivers, MI 49093 Page 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF THE AGENDA 4. APPROVAL OF MINUTES 4.A. Minutes of the meeting held December 13, 2023 2-3 2023-12-13 Board of Appeals Minutes 5. GENERAL COMMENTS This portion of the meeting is for general comments from the public regarding topics not on the agenda. Each person will be allowed to address the board for 5 minutes. The purpose of general comments is to allow the public to address concerns to the board rather than present questions or engage in public debate or Q&A. 6. PUBLIC HEARINGS 6.A. Variance request for a wall sign at 403 S. US-131 4-9 Report to ZBA - 403 S. US-131 Bronson TR Variance Application Zoning IR Report Denied with Supporting Papers 7. DISCUSSION (AND/OR BUSINESS -- IF ANY) 8. ADJOURNMENT Page 1 of 9  MEETING MINUTES Board of Appeals Wednesday, December 13, 2023 (12:00 PM) 333 W. Michigan Ave. Three Rivers, MI 49093 The Board of Appeals of the City of Three Rivers was called to order at the above day/time and location with the following members: PRESENT: Zoning Board of Appeals Member Dave Miller, Zoning Board of Appeals Member Dale Hoyt, and Zoning Board of Appeals Member Polash Pandey EXCUSED: Planning Commissioner Chuck Friese and Zoning Board of Appeals Member Ron Hudson CALL TO ORDER At 12:13 p.m., Chairman Miller called the board meeting of the Zoning Board of Appeals (herein referred to as the “board”) to order on December 13, 2023 in the Commission Chambers at City Hall ROLL CALL APPROVAL OF THE AGENDA a) Zoning Board of Appeals Member Dale Hoyt made a motion to approve the agenda as presented Zoning Board of Appeals Member Polash Pandey seconded the motion. Carried unanimously. APPROVAL OF MINUTES a) Minutes of the meeting held October 2023 Zoning Board of Appeals Member Dale Hoyt made a motion to approve the minutes from the October 11, 2023 meeting Zoning Board of Appeals Member Polash Pandey seconded the motion. Carried unanimously. GENERAL COMMENTS PUBLIC HEARINGS a) Variance request for signage & landscaping at 1400 Warner Drive Chairman Miller opened the public hearing at 12:14 p.m. Pat Wedel of Menards presented his request in detail. The public hearing was closed at 12:20 p.m. Discussion of the board followed. Page 2 of 9  Zoning Board of Appeals Member Dale Hoyt made a motion to approve the variance request and approve the plan for the additional area/number of signage, as well as the number of plantings for landscape screening Zoning Board of Appeals Member Polash Pandey seconded the motion. Carried unanimously. DISCUSSION ADJOURNMENT a) All business was concluded, and it was moved by Miller and seconded by Hoyt to adjourn the meeting. The motion passed (3-0) and the meeting was adjourned at 12:25 p.m. Page 3 of 9  City of Three Rivers 333 West Michigan Avenue • Three Rivers, Michigan 49093 Phone: 269.273.1075 • Fax: 269.273.3132 www.threeriversmi.org REPORT TO: Three Rivers Zoning Board of Appeals FROM: John Beebe, Liaison to the Board SUBJECT: Variance request for wall sign at 403 S. US-131 DATE: February 14, 2024 SUMMARY: Bronson Healthcare Group, Inc. has opened a lab/office location on South US-131 between Millard and Broadway. The company intends to install additional signage in the form of a second wall sign on the building at this location. The submitted application for a variance on the amount of signage has been reviewed by City Staff with a determination that the variances under consideration meet the requirements under City Code Section 30-35. NARRATIVE: The size, location and shape of the commercial lot on which the proposed signage has been proposed is indicative of a special condition potentially worthy of consideration for variance with respect to Part 1 of Section 30-35(D)(2)(a). There is one literal interpretation of city zoning ordinance that would (per US-131 frontage) deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter, following Part 2 of said section. Note: other businesses having additional signage does not constitute a literal interpretation that would deprive the applicant of their rights. However, no known actions have been taken by the applicant resulting in special circumstances with respect to Part 3 of said section. Further, the granting of the variance in question would: a) not confer any special privilege already denied by the City’s Zoning Ordinance to other structures in the same zoning district b) be in harmony with the general purpose and intent of the City’s Zoning Ordinance; Ch. 30 c) not be injurious to the neighborhood nor detrimental to public welfare ATTACHMENTS: Application for Variance Request, related documentation RECOMMENDATION: It is recommended that the Board of Appeals review the submitted variance request application and, if it meets the requirements, move to approve the plan for the additional wall sign. Page 4 of 9 Page 5 of 9 Page 6 of 9  SAFEbullt. ZONING INSPECTION REPORT pERwrrr# L7 - TLe - Z oo tzf JUpJsDrcrroN - et Date of Inspection /z-zo- z-9 Inspector 5. tcctrl€ Phone No. (269) 729-9244 Propcrty Addre*s K4J,/^4a L) qtt- 9r cJ Co"< -26 Orner PLoueNo. Conlnrctor Phono No. sz'@MMERC|AL D RESIDENTIAL tr AGRICULTURAL ft New Skuc{ure DApprcved O Non Conbming IAmssoryStructure D Comer Lot 0 Additbn/Alteradon jfe*erto ZBA DWateftont ft Change of Use D R6rto Planning Conm. I Relm@on dsqn flOther Required E 0 Fence F<*N&sB€low PAYABLE PRIOR ]O SCHEDULING THE I Odinance Vhlatlon RE.INSPECTION. MAKE CHrcX PAYABLE O PooUtlot Tub - TO THE JURISDICTION- I Other Zoning Distid K.A REQUIRED SETBACKS PROPOSED SETBACKS Front Front Lefi Right Side Right Side Rear Rear Max ProDeed Height Height Max Propos€d Lot Coverage Lot Coverage NOTES: fuE rnof<E, /? . ot/'/ Z--{ L/). 5f urvc s /6t) - 9tit,'t€ a"\r? u- 6l 25,orT n5l) k4 zo<,1L€ E{r+lThuED /uf67 - 1 LLan4L f{r'L U$rLr4a1ag Lt (*T7ajJ White - Oflice File Cop!, Yellow - Permit Applicant's Copy Page 7 of 9 403 S 131 Zoning tR Notes- The pmposed 2d wall sign (on south side of buirding) @ 19.04'x2.5' equaring 47.5 sF is under the max allowed of 54.54 sF (the remaining sF from 1n approved wall sign on w€st side of building which was 19.04X2.64 equalinS 50.46 SF. Note- 105 max allowed combined SF ofallsigns. you meet square footage requirements, however zonint is not approved. Per section 3G19 (E) (4) signs shall be limited to l wall sign per business establishment. you are proposing 2 wall signs on the same business establishment. Please see clerk for a variance application to allow for the 2d wall sign. Page 8 of 9  CHAPTER 30 Yrkd 70' n €) ZONING (d) The maimum height for a monument sign shall not exceed twelv e (12) t@t. (e) Any pjojeclirE sign or canopy sfuclure, to which a canopy sign is attached, shall not be l€ss lhar tt'tD (2) feet from any veHajtar pa*ing sfao oi ,li"r*ring r"ne- A minimum underrlearencs of eishr (8) reet sha, be maintaindo aooiJliiJe*aii:illtr"_-opy erectod sha,, whenever practicable, match struar;;. C;r"p;;;;;i", of canopies which exist on abutting parcels ""t"ui"i"o -i6r*r"".n* r,"ijti'"i; fi;"-"", unalor-iu#*"* ''r, ({) Genoral Businsss and lndqs.qial.qi$lrigrs (&2. t-1. anq F2}. slns shafl be Imited to one (t) $,aI, canopy, or projecting sign, and one 111 nnnument s[ffifrn ffin composhe of bushcsses ,nder stngle ouriershii I[premlsos of a busirss estabrishmenr or uy n ,, or corporatbn. On parcoh tronting tr,/o (2) or moIe sreers. l;#; rorJr;iriiiiirlsi'tpl#]'l ".Iinoiwrir, one.(l) mo-numenr;;y#&; *t}, flve hundred (s,o) feer a oa itre"t ronGJ" frontage on two (i) or nrore st ests, one (t ;;;;ii;#;; "even hund€d (7oo) foor or ro,.r streer iaadft;onat monumerit or pyon slgn is alowed. (a) The total arsa of 6ach sign permitted shall not exceed len (10) squaro fo€t for each ten (i0) ieot or haction o, sheet fontage-, oi seventy-five tZSl t Lf ru, uach aqc or fra.rkln ,herFd, whlchever is ereater. Howaver, h nL case (tS0) squarB feet. il;;;;;;i;il;;;ilffifi;rd "qrur" "ft,.rh. fi'y (b) where any premiss-s has more than ons occupant, the permilted arsa ol each sign shall be divided among rhem in rh€ same proponion as noor siace ana'outaooi ;L:-t";;-*di'; iii'*ir"i uv (c) where the premisesias more lhan tuo (2) occupants, and has a name distincr rrom rhar of an occupant, as in a shopping ma,, an addiiidnal five (5) square feet fe€t orfrac.on of srr€6r fronrage up ro 8 ;;Jiiiiiiif ot slgn area i;i mailr;;7"J;;;;; (t6';r-il"1;;i;,f:r" monument or pylon aigns. This additional sign area shall be premises. used ti ai"p"i[" ,:iff," "i,fy ""r, (d) StructurBs containlng a fbor area of ten thousand (i0,OOO) 8quare foet or morB and having mutupl€ renants, may have one (1) wa,, canopy o' po,ectrig iign for eaci.tenanr, pmvideo no singte sfiir b irentt$ng ;t 0,;;;il;;,i;;il;r"* lreiter m-anien 1t o7o) p6"",it or area or the tenanr building ronr io which nE atta*reo oronL trurij.d *" sid.iidiii" is less€r. For the pulposss of delermining the grdss siltroueue or ai dgl fi#f"e'i:'fi;;h;, tre uuiraiirg,'G siir,i i"it" be defined as rhar area within an ou0ine iiaw;g of rh" pdnapat ent'anca of the bulldlng. M6ln .ntranco srratt uJaerrmineo iyu" rururng ii;;-';;'it ;"in "rrar "' 2."i"g""lami"isr"at i."'- (e) The maximum hetqhl for a monumenl sign shall not e)(c6ed fiieen (rS) fE€1. The ,naximum height for a pyton sign shi not rr"ntvjn "rc"J Jiiii;*i^* (f) Any canopy structur€ to which a canopy sign is attached shall not be less than trvo (2) feer ftom anv vehi",rar parking.space or maneuvenfo tane. a minimum shalt be maintained.abovg a- il;r;Eilil;i;d;(dii;; b,V alicanopy skuaures. Canopies hcltaner erccted shall, !'rfisnever praciicabre, match lldeulalk ;E;pi;l tre esrabrishea unoei+rearance h"lshi lrd p,oj;"i6n whlch exist on abuting parceb and/or businessos (5) lndfFtripl Pst anq Ai?od DHActs 0:3. ry and A) . tdsdlncaflon siqns shall be of the monument blpe andor the wall or fasOa typE. One of eactrlfiEpennitteJ. i,lonum.nt signs shall not exceed sixty (60) square feet p€r side nor have a totar height greater,ran eight 18) ieet. Monument s6ns "t.irr,rr" I'-- Iisi6i::?x1.I"3 fJH,i.1l"*t,ffi*mi,.+"f,"mxll*":ixm*: ffi *ffi :T*" slgns, blllboard signs' and roof signs are protriurteo. en iJEntinLriLn sign for an industriar pa*'entlance' shatl not excaed one nunareo (r0i) squa're reet pal sid" noii;i;r; tot,ar heighr greaterthan tw€rve (.r2,) (F) The following signs are aflo]ved in afl zoning disrdcts and, excepr i6rmlttsd::jsiol]s.- as othen4ise provided, shal comply with all applicabre provisrons of thrs chapter. rt ,nr"Jriro erec,t or reprace any sign €xcopr as providEd in thi6 Chapter. "rr"rrL (r) Pylon and Monument signs' No portion of any pyron or monumenr sign shafl be nearorthan five (5,)feet to any property line or driveway. (2\ l-dentifiqation.Sbls. There may be one on each premises nol to exceed slx (6) squars ,oet in area. lf the the toiat height may not exceed five ,s-!lt,i LT :t1lld]nS, 1s1 feer. tdefficauon signs are prphibited in re6id9ntial districts exceot for oremises having a Home occrlparion cermit, wnrcn pf9ma60s may have one wallslgn. (3) lnteqral Sirns. (4) Pollticar camoaion sions. shar noloxceed four (4) sgua.e faet in arr residentiar disrricts, or twerve (12) l2o77l 30-31 Page 9 of 9