Zoning Board of Appeals

Zoning Board of Appeals Agenda Commission Chambers 4243 Remembrance Rd NW Wednesday, June 26, 2019 7:00 PM 1. Call the meeting to order 2. Review Minutes of June 5, 2019 special meeting 3. General Public Comment: This provision is made to encourage the expression of questions and concerns regarding non-public hearing items and issues not on the agenda. Speakers are asked to identify themselves by name and address. A maximum time of 6 minutes per person is required 4. Case # 19-009 – 3393 Remembrance Road NW Applicants Michael Smith and Brad Lawrence have applied on behalf of owner Bosworth Builders LLC / Tiny Giant Leasing LLC to establish via a “judged similar” ruling by the ZBA whether a proposed use with small batch beer brewing, ingredient and beer packaging and storage, commercial sales, and future onsite sampling is similar to the principal uses permitted in, and compatible with the intent of, the C-3 zoning district under Section 94- 178(b)(10). The subject lot is 3393 Remembrance Road N.W. (PPN 41-13-17- 476-015), zoned C-3 – Highway Commercial and A – Single Family Residential. 5. Zoning Board of Appeals member/Staff Comments 6. Adjournment Page 1 of 62  ZONING BOARD OF APPEALS MINUTES Wednesday, June 5, 2019 5:00 p.m. Members present: Robert Marz, Chairman; Brian Boelens; Roger Crabtree; Sandra Howland, Scott Funke, Patrick Nolan, Randy Smith and Tom Winkelman. Staff present: Dan Power, Staff Planner/Zoning Administrator, and Andrea Hendrick, Recording Secretary. CALL THE MEETING TO ORDER Members Present: Chairman Bob Marz, Tom Winkelman, Randy Smith, Roger Crabtree, Elaina Huizenga Members absent: Vice Chairman Brian Boelens, Patrick Nolan, Craig Taetsch, Scott Funke Staff Present: Dan Power, Staff Planning/Zoning Administrator, Andrea Hendrick, Planner/ Recording Secretary Chairman Bob Marz open the Zoning Board of Appeals Meeting at 5:10 p.m. in the City Commission Chambers. REMOVE JUNE 12, 2019 MEETING FROM THE REGULAR MEETING AGENDA Crabtree motioned to remove the meeting. Winkelman supported the motion. REVIEW MINUTES OF MAY 22, 2019 REGULAR MEETING Crabtree motioned to approve the May 22, 2019 minutes. Winkelman supported the motion. Minutes were approved unanimously. Motion to remove the June 12, 2019 meeting from the agenda. GENERAL PUBLIC COMMENT: This provision is made to encourage the expression of questions and concerns regarding non- public hearing items and issues not on the agenda. Speakers are asked to identify themselves by name and address. A maximum time of 6 minutes per person is required. Zoning Board of Appeals Minutes 6-5-19 Page 1 of 4 Page 2 of 62 There was no public comment. CASE # 19-008 – 561 FAIRCREST AVENUE NW Applicant and owner Shirley Snoap has applied seeking to construct a 7’ x 16’ front deck / porch which extends to within roughly 16’ from the front lot line, contrary to Sec. 94-188(b)(16) and Sec. 94-352a, which require a minimum 25’ front yard setback for front porches and decks. The subject lot is 561 Faircrest Ave. N.W. (PPN 41-13-19-405-014) and is zoned A – Single Family Residential. a. There are exceptional or extraordinary circumstances or conditions applying to the property in question as to the intended use of the property that do not apply generally to other properties in the same zoning district. Lot orientation and size are exceptional. The lot is a corner lot, meaning that it has significant area devoted to what the zoning ordinance defines as a secondary “front yard” where a side yard would typically be located. The lot was also developed prior to the passage of the current zoning ordinance. The single-family home on the lot, which was constructed in 1961, lies only roughly 23’ from the front lot line on Faircrest Avenue. Per Exhibit B attached to this report, the lot, with an area of roughly 9,262-sq. ft., is smaller than the average among a sample of 70 A-zoned corner lots from five different neighborhoods in Walker b. That such variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same zoning district and in the vicinity. The possibility of increased financial return shall not of itself be deemed sufficient to warrant a variance. A front porch is a property right widely possessed by other properties in the same zoning district and the vicinity. There were a number of front porches documented in the staff packet within the general vicinity of the subject property. c. That authorizing such variance will not be of substantial detriment to adjacent property, and will not materially impair the intent and purposes of this chapter or the public interest. In Power’s interpretation, the intent of setback rules for accessory structures including front porches relates to specific items in the purpose and intent section of Walker’s Zoning Ordinance, which are highlighted below (Section 94-2 – Purpose and Intent): In the interpretation and application of the provisions of this chapter, its terms shall be held to be the minimum requirements adopted for the promotion of the public health, safety, morals and general welfare; to encourage the use of lands in accordance with their character and adaptability and to limit the improper use of land; to avoid overcrowding of population; to provide adequate light and air; to lessen congestion on public roads and streets; to reduce hazards to life and property....” Zoning Board of Appeals Minutes 6-5-19 Page 2 of 4 Page 3 of 62  Given this purpose and intent, the ZBA should exercise caution to ensure that a front porch with a less-than-compliant front yard setback does not pose a threat to public safety or welfare. This relates to two key issues: The context of the porch in relation to surrounding properties, which can be measured as its scale in comparison with the scale of other porches in Walker, and visual obtrusiveness from a public safety standpoint. With regard to context, the porch is compatible with the scale of other porches that would be otherwise compliant with Walker’s zoning ordinance. Whereas a lot with a “compliant” 35’ front yard setback can have a 10’ wide front porch and meet the 25’ setback requirement, the subject porch is only proposed to be 7’ wide. See Exhibit E. The porch will also not obstruct a line of sight for an eastbound left turn movement from Chesterfield Boulevard d. That the condition or situation of the piece of property or the intended use of such property for which the variance is sought is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such condition or situation. The specific issue of front porch front yard setback encroachments comes up very infrequently. Staff did not believe the issue in and of itself warrants an immediate need to revisit zoning ordinance front yard setback requirements for porches MOTION Smith made a motion to approve the request of Shirley Snoap to install a 6’ tall privacy fence in a required front yard, contrary to Section 94-337(2) of the Walker Zoning Ordinance with the following condition: Crabtree supported the motion. Yays: 5 Nays: 0 PUBLIC COMMENT Mike Hood of 600 Faircrest asked what the waiting period for Ms. Snoap to begin building to deck. He was concerned about the safety of Ms. Snoap with not having access to exit her home. He pushed for a better regulatory process for rebuilding deteriorating buildings based on the fact that many of these houses were built midcentury. ZONING BOARD OF APPEALS MEMBER/STAFF COMMENTS Power stated there is one upcoming application to be reviewed by the Board. It is unclear if it will be held on the June 26th meeting. ADJOURNMENT Zoning Board of Appeals Minutes 6-5-19 Page 3 of 4 Page 4 of 62 Motion to adjourn hearing by Crabtree, second by Winkelman. Motion carried unanimously. Roger Crabtree, Secretary Andrea Hendrick, Recording Secretary Zoning Board of Appeals Minutes 6-5-19 Page 4 of 4 Page 5 of 62 Table of Contents: Case ZBA 19-009: 3393 Remembrance Road N.W. “Judged Similar” Request – Microbrewery Planning Director report dated 6-18-2019 (3) Completed application materials (7) Exhibit A. Proposed floor areas (13) Exhibit B. Site map and imagery (15) Exhibit C. Zoning and planned land use (17) Exhibit D. Case study information (19) Exhibit E. Comparable City of Walker commercial business analysis (25) Exhibit F. Alternative zoning analysis (29) Exhibit G. MLCC licensure information (31) Model Motion (41) 1 Page 6 of 62  2 Page 7 of 62  -1- 3393 Remembrance Road N.W. – 1983 Brewing Company LLC “Judged Similar” Request To: City of Walker Board of Zoning Appeals From: Dan Power – City of Walker Planning Director Date: June 19, 2019 Request and Analysis Applicants Michael Smith and Brad Lawrence have applied on behalf of owner Bosworth Builders LLC / Tiny Giant Leasing LLC to establish via a “judged similar” ruling by the ZBA whether a proposed use with small batch beer brewing, ingredient and beer packaging and storage, commercial sales, and future onsite sampling is similar to the principal uses permitted in, and compatible with the intent of, the C-3 zoning district under Section 94-178(b)(10). The subject lot is 3393 Remembrance Road N.W. (PPN 41-13-17-476-015), zoned C-3 – Highway Commercial and A – Single Family Residential. The applicant has attached responses regarding the “judged similar” request on pages 7-13 of this review packet. Additional supplemental “Exhibits” are provided as noted on the packet’s table of contents. I have demonstrated the proposed floor areas listed by the applicant to scale on “Exhibit A” attached to this report. The site of interest is one of several commercially zoned properties within the Leonard Garden Homesites plat, which was built in 1923. The site abuts single family residential homes on Evert Street to the rear. The site has been the home of Bosworth Builders in recent years. Site imagery and parcel context is displayed in Exhibit B. Site zoning and future land use information are shown in Exhibit C. Information about reference project sites provided by the applicant is displayed in Exhibit D. The ZBA should consider the criteria listed below in making its decision on this “judged similar” request:  The proposed use must primarily involve on-site sale of products, service, and exchange of goods for payment on site, in a manner comparable to bakery, meat market, coffee shop, food store, and restaurant uses. See Exhibit E for a listing of potentially comparable sites in the City of Walker, in addition to available images of these sites and their floor plans.  Manufacturing and processing activities must be sufficiently limited within the building in a manner comparable to those areas within typical bakeries, meat markets, coffee shops, and food stores.  Manufacturing and processing activities must be substantially buffered from adjacent residential land uses, particularly those existing to the rear and side of the subject site.  Manufacturing and processing activities must not generate significant noise, odor, or vibration.  The proposed use must allow for safe and accessible vehicular circulation to and from the site; 3 Page 8 of 62  -2-  The proposed use must allow for safe and accessible vehicular circulation to and from adjacent sites;  The subject site must allow for sufficient vehicular parking  Outdoor sales must not be a significant component of the future growth of this business.  The proposed use must not primarily involve the manufacturing of products for off-site distribution and exchange of goods for payment at a different location. This type of use would be more consistent with industrial zoning than commercial zoning. See Exhibit F for a display of the relationship between various zoning districts in Walker to the subject site.  The proposed production and sale of alcoholic products at the site should be consistent with the C-3 zone district intent and permitted principal uses in the C-3 district. o See Exhibit G for a packet of information regarding the proposed “Microbrewer” license the applicant will be seeking from the Michigan Liquor Control Commission (MLCC). o The applicant has additionally indicated that he will seek state licensure for an on-premise tasting room and a Federal TTB Brewer’s Notice License.  The proposed use must not resemble a bar or night club use based on patterns and hours of usage in the site and limits on licensure for on-site consumption of alcoholic beverages. This type of use is limited to Walker’s SDD – Standale Downtown zone district. Recommendations The ZBA may grant, conditionally grant, table, or deny the requested “judged similar” determination. If the ZBA is inclined to grant any approval for this request, I recommend imposing the following as conditions of “judged similar” approval: - The applicant must solicit formal approval from the City of Walker prior to securing any MLCC microbrew or on-premise tasting license - The applicant must provide a listing of seats to be provided inside the sales / service floor area. This will be used for staff to calculate the minimum required number of off- street parking spaces for the site. - The applicant will be responsible for surfacing and striping the site’s parking area, including a minimum number of required barrier-free parking spaces. - The applicant must adhere to performance standards of Article XV of the Walker zoning ordinance, including that there shall be no emission of noxious, odorous material as to be readily detectable at lot lines, per Section 94-439. - The applicant must adhere to noise ordinance requirements of Article IV of Chapter 34 of the Walker City Code. - The applicant is not permitted to use any residentially zoned portion of the site for production, sales, or service usage, including the site’s detached accessory building. - The building’s rear overhead door should only be open as necessary during times of loading and production and as necessary to provide ventilation. - The Zoning Board of Appeals may request the applicant to complete a formal site plan review application administered by the Walker Planning Commission. Understanding the depth of the ZBA’s history in cases like this, and their role in interpreting State law and the City of Walker’s Zoning Ordinance, I defer to their judgement in evaluating the findings of fact regarding the official merits of the requested “judged similar” request. They may also decide to further evaluate the case based on the facts as presented by the applicant at the 4 Page 9 of 62  -3- public hearing on the case on June 26, 2019, and by any comments made by neighboring property owners or the general public at that time. Thank you for the opportunity to review and comment on this request. Sincerely, Dan Power, AICP - City of Walker Planning Director CC: Frank Wash, AICP / PCP – Walker CDD Director / Assistant City Manager Andrea Hendrick – Walker Planner I / CDD Specialist 5 Page 10 of 62  6 Page 11 of 62  7 Page 12 of 62  8 Page 13 of 62  9 Page 14 of 62  10 Page 15 of 62  11 Page 16 of 62 Daniel Power From: Brad Lawrence <brad@1983brewing.com> Sent: Monday, June 17, 2019 2:01 PM To: Daniel Power; Michael Smith Cc: Frank Wash Subject: Re: License info Dan, We will be apply for the following; Federal TTB Brewer’s Notice License State Microbrewer License On‐premise Tasting Room Please let me know if you need any additional information. Get Outlook for iOS From: Daniel Power <dpower@walker.city> Sent: Friday, June 14, 2019 11:23:57 AM To: Brad Lawrence; Michael Smith Cc: Frank Wash Subject: License info Brad and Michael: Please also verify which license(s) you will be seeking for your proposed use: ‐ Microbrew? (per attached) ‐ On‐premise tasting room? ( In this case, the City of Walker is required to review and consider issuance / denial of this permit). ‐ Others? ___ Thank you. Dan Power, AICP Planning Director I City of Walker I Phone# (616) 791‐6879. I Fax# (616) 791‐6881. Office hours M‐Th 7:30 a.m. to 5:00 p.m and Friday 7:30 a.m. to 11:30 a.m. See Planning Commission‐reviewed development in Walker on this map. From: Daniel Power Sent: Friday, June 14, 2019 11:00 AM To: 'Brad Lawrence' <brad@1983brewing.com>; 'Michael Smith' <smith6mj@gmail.com> Cc: Frank Wash <fwash@walker.city> Subject: Aslin brewing reference info 1 12 Page 17 of 62  Exhibit A. Proposed floor areas. Page 18 of 62 500 1,170 1,000 300 13  14 Page 19 of 62 Exhibit B. Site Map and Imagery Photos taken 6/18/2019 15 Page 20 of 62 Exhibit B. Site Map and Imagery Photo taken 6/18/2019. View toward adjacent residence at 3380 Evert Street N.W. from overhead door on subject building. Photo taken 6/18/2019 16 Page 21 of 62 Exhibit C. Zoning and Planned Land Use 3393 Remembrance Road NW – Zoning and Planned Land Use Guidelines Current Zoning (This is how the property can be currently used): ‐ C-3 – Highway Commercial in the front, ‐ A – Single Family Residential in the rear Permitted uses by right in the front portion of the property:  Food stores, grocery stores, meat markets, bakeries, coffee shops, delicatessens and restaurants.  Household appliance, radio and television shops.  Hardware, paint and wallpaper stores.  Bookstores.  Florist, gift shops.  Laundry pickup, automatic laundry, tailor shops, shoe repair.  Barbershops, beauty shops.  Clothing stores, dry goods stores, dress shops.  Banks.  Drugstores.  Medical, dental or legal offices.  Real estate or insurance offices.  Churches.  Public, private or trade schools.  Federal, state or municipal administrative buildings, post offices, libraries, museums, and art galleries.  Hospitals.  Nursing homes.  Other retail business or service uses determined by the board of zoning appeals to be similar to the permitted principal uses in this zoning district and compatible with the intent of this zoning district.  Small animal clinics.  Fitness centers and health clubs.  Restaurants with outdoor service, provided all of the following apply: o Outdoor service area does not exceed 20 percent of the enclosed usable floor area of the building. o No alcoholic beverages are served. o No music is played or performed outdoors. o Hours do not extend before 8:00 a.m. or after 10:00 p.m.  Indoor retail sales and service.  Offices and telephone exchange buildings.  Motels and hotels.  Self-service laundry and dry cleaning facilities.  Automobile repair, minor.  Indoor places of public assembly.  Milk distribution stations.  Retail building supplies. Permitted uses by special exception use permit in the front portion of the A – Single Family property: C‐3 – Highway Residential  Child care centers, day care Commercial centers, child caring institutions and child placing agencies.  Car washes, so long as the car wash complies with section 94- 176(d). 17 Page 22 of 62 Exhibit C. Zoning and Planned Land Use Planned Land Use (this is a category of land use you could use as a basis for a request for rezoning): “Village Commercial”. “Village Commercial” is described in the 1998 Walker Master Plan as follows: Over the years there have been small areas that have witnessed a number of zoning changes, development and redevelopment plans, and the presence of long-term uses. These areas often include a wide range of uses; older, residential lots, multiple family buildings, small commercial uses, offices, and even industrial operations, all within a small area. For the most part these uses have grown up with one another and have found ways to coexist with relatively few conflicts. Attempts to force land use changes, even over extended periods of time, could prove unsuccessful, and probably unnecessary. In some ways, these areas have unique qualities that could act as useful examples of ways to successfully mix seemingly incompatible uses. For instance, allowing apartments above retail stores, permitting retail sales of industrial-related products, and including offices in homes would be consistent with the mixed development concepts of these areas. In some cases the City may wish to more carefully review the relationships between these uses to lessen potential safety and nuisance considerations. Some of the design elements that need to be considered might include ensuring circulation that places a priority on pedestrians rather than vehicles, permitting small open spaces for gathering places, and keeping light fixtures in scale with the surroundings. 18 Page 23 of 62 Exhibit D. Case Study Information Aslin Beer Co., Herndon, VA Source: Google, 2019 Source: Town of Herndon, VA Community Development Department website. 19 Page 24 of 62 Exhibit D. Case Study Information Source: Town of Herndon, VA Zoning Ordinance. Source: Aslin Beer Co. (original image cropped) Source: Aslin Beer Co. Yelp photo, posted 12-18-2016. 20 Page 25 of 62 Exhibit D. Case Study Information Source: Aslin Beer Co. Yelp photo, posted 9-19-2015. Source: Aslin Beer Co. Instagram photo, posted 6/30/17 Source: Aslin Beer Co. Yelp photo, posted 9-19-2015. 21 Page 26 of 62 Exhibit D. Case Study Information Nantucket Baking Co., Grand Rapids, MI Source: Google, 2019 Source: Nantucket bakery Facebook page, posted 11-22-2017. 22 Page 27 of 62 Exhibit D. Case Study Information Sobie Meats, Walker, MI Source: Google, 2019 Source: Sobie Meats Facebook page, posted 5-31-2019. 23 Page 28 of 62  24 Page 29 of 62 Exhibit E. Comparable City of Walker commercial business analysis Sobie Meats  Location: 3450 Remembrance Road N.W.  Zoned: C-1 – Local Commercial Grand Rapids Cheesecake Company  Location: 2255 Alpine Avenue N.W.  Zoned: C-3 – Highway Commercial 25 Page 30 of 62 Exhibit E. Comparable City of Walker commercial business analysis Starbucks Coffee  Location: 3287 Alpine Avenue N.W.  Zoned: C-4 – Outdoor Commercial Honeybaked Ham  Location: 3150 Alpine Avenue N.W.  Zoned: CPUD – Commercial Planned Unit Development 26 Page 31 of 62 Exhibit E. Comparable City of Walker commercial business analysis Lake Michigan Nutrition  Location: 3868 (3880) Lake Michigan Drive N.W.  Zoned: C-1 – Local Commercial DeHop’s Brewing  Location: 363 Cummings Avenue N.W.  Zoned: SDD – Standale Downtown District 27 Page 32 of 62  28 Page 33 of 62  Exhibit F. Alternative Zoning Analysis C-1 – Local Commercial Permitted Uses SDD – Standale Downtown District ‐ Food stores, grocery stores, meat markets, Permitted Uses bakeries, coffee ‐ Bar / Night Club shops, delicatessens ? (SE) and restaurants. ML – Light Industrial Permitted Uses ‐ Manufacturing…Food and kindred products including food..., beverage, and similar products ‐ Wholesale businesses, including…food… 29 Page 34 of 62  30 Page 35 of 62  Exhibit G. MLCC Licensure Information Michigan Department of Licensing and Regulatory Affairs Liquor Control Commission (MLCC) Constitution Hall – 525 W. Allegan, Lansing, MI 48933 Mailing Address: PO Box 30005, Lansing, MI 48909 Toll Free 866-813-0011 – www.michigan.gov/lcc Brewer or Micro Brewer Licensing Requirements & General Information A Brewer license, as defined by MCL 436.1105(14), is issued by the Michigan Liquor Control Commission to a person located in Michigan to manufacture and sell to licensed wholesalers, beer produced at the licensed brewery facility, and to customers for consumption on or off the premises at a tasting room located on its manufacturing premises where it also holds an On-Premises Tasting Room Permit. A Micro Brewer license, as defined by MCL 436.1109(5), is issued by the Commission to a person located in Michigan to manufacturer no more than 60,000 barrels per year and sell to licensed wholesalers, beer produced at the licensed brewery facility, and to customers for consumption on or off the premises at a tasting room located on its manufacturing premises where it also holds an On-Premises Tasting Room Permit. A qualified Micro Brewer licensee that manufactures fewer than 1,000 barrels a year may also self-distribute its beer to retailer licensees. How to Apply All applicants requesting a new Brewer or Micro Brewer license, seeking to transfer ownership of a Brewer or Micro Brewer license, or transferring interest (stock or membership interest) in a Brewer or Micro Brewer license must submit the following: • Application Form For a new Brewer or Micro Brewer license or to transfer a Brewer or Micro Brewer license - Manufacturer License & Permit Application (Form LCC-150) To transfer interest in a Brewer or Micro Brewer license – License Interest Transfer Application (LCC-101) • Inspection Fee - A $70.00 nonrefundable inspection fee is required for each license requested in an application. For example, if an applicant has requested a new Micro Brewer license in conjunction with a new Small Wine Maker license, the inspection fee would be $140.00. • Local Approval – If the applicant intends to sell beer it manufactures under its Brewer or Micro Brewer license in an approved tasting room located on the manufacturing premises under an On-Premises Tasting Room Permit, it must obtain the approval of the local legislative body of the local governmental unit where it will be licensed. The Manufacturer License & Permit Application (Form LCC-150) contains a Local Governmental Approval form (LCC-106a) that can be used by the local governmental unit to approve or disapprove the request for the On-Premises Tasting Room Permit. Local approval is not necessary for the Commission to consider approval and 31 Page 36 of 62  Exhibit G. MLCC Licensure Information issuance of a Brewer or Micro Brewer license when the applicant does not intend to sell its beer to customers on the premises where it manufactures the beer and has not applied for an On-Premises Tasting Room Permit; however, applicants will still need to comply with any local ordinances specific to manufacturing operations. • License & Permit Fees – The initial and annual renewal fee for a Brewer or Micro Brewer license is $50.00. Additional fees will vary based upon whether additional licenses and permits are requested in conjunction with a Brewer or Micro Brewer license. If the Brewer or Micro Brewer license applicant plans to sell its beer at retail on its manufacturing premises in a tasting room, it must also apply for an On-Premises Tasting Room Permit, for which the initial and annual renewal fee is $100.00. • Livescan Fingerprints – Applicants that have never been licensed through the Michigan Liquor Control Commission must submit fingerprints through the Livescan fingerprinting process - Livescan Fingerprint Background Request Form. • Property Document – Applicants must provide documentation that demonstrates they will have control over the property that comprises the proposed licensed premises. Property documents include deeds, land contracts, and lease agreements. • A provision to reassign the license in the event of a default on a land contract or termination of a lease agreement may be included, but may only provide for the reassignment subject to Commission approval. • If the applicant is a company and its members or stockholders own the real estate as individuals or under another company, a lease agreement is needed. • If the applicant is an individual and he or she owns the real estate with a spouse or someone else who will not be named on the license, a lease between the applicant and the owners of the real estate is needed. • Federal Brewer’s Notice – Applicants must provide a copy of the federal Brewer’s Notice issued by the federal Alcohol and Tobacco Tax and Trade Bureau (TTB) prior to issuance of the Brewer or Micro Brewer license. This is not required to be submitted at the time of application with the Commission, but should be applied for through the TTB as soon as possible, as the TTB process may take longer to complete than the Michigan licensing process. • Purchase Agreement – Applicants requesting to transfer a license from another licensee must submit an executed purchase agreement or other documentation signed by both the applicant and the current licensee, which details the sale of the liquor license(s) and other business assets. • Purchase agreements must specifically indicate that the liquor license is being sold and provide the purchase price and terms of the sale. • Purchasers of on-premises licenses must have at least 10% of the purchase price of the business, excluding real estate. • Purchase agreements that are not for cash only sales and include real estate must list the personal property, including the licenses, and real estate with the terms and price for each. 32 Page 37 of 62  Exhibit G. MLCC Licensure Information • If the personal property and real estate are being purchased by separate people or entities, the purchase agreement must indicate those names and who is purchasing which items. • If the applicant will not pay the full purchase price at closing, the balance due may be covered by a security agreement or promissory note. Alcoholic beverage inventory cannot be included on a security agreement or promissory note. In addition to the documents required by all applicants: Corporations must submit the following information per Administrative Rule R 436.1109: • Copy of current, filed Articles of Incorporation. • Current Certificate of Good Standing from the state where incorporated and Certificate of Authority to Do Business in Michigan, if incorporated outside of this state. • Certified copy of the minutes of a meeting of its board of directors or a statement signed by an officer of the corporation naming the persons authorized by corporate resolution to sign the application and other documents required by the Commission (or Part 3 of Form LCC-301). • Report of Stockholders/Members/Partners (Form LCC-301) Limited Liability Companies (LLC) must submit the following information pursuant to Administrative Rule R 436.1110: • Copy of Articles of Organization and copies of any amendments to the Articles of Organization. • Current Certificate of Authority to Do Business in Michigan, if the LLC is a non- Michigan LLC. • Copy of Operating Agreement entered into by members. • Copy of most recent annual statement filed with the Corporations Division, if an existing LLC. • Statement signed by a manager of the limited liability company or by at least 1 member if management is reserved to the members naming the person authorized to sign the application and other documents required by the Commission (or Part 3 of Form LCC-301). • Report of Stockholders/Members/Partners (Form LCC-301) Partnerships must submit the following information per Administrative Rule R 436.1111: • Partnership Agreement, if a Limited Partnership. • Report of Stockholders/Members/Partners (Form LCC-301) Licensing Process • The Licensing Division reviews the application and corresponding documents for completeness and verifies the appropriate fees have been received. If additional documents, fees, or corrections to documents are needed, Licensing will notify the applicant. 33 Page 38 of 62  Exhibit G. MLCC Licensure Information • Once all the necessary documents have been received Licensing will submit the request to the Enforcement Division for its investigation. • The Enforcement Division will contact the applicant to schedule an interview with the applicant (and current licensee for license transfers). At this meeting an investigator will review with the applicant documents, including: o purchase agreement o financial documents o property documents o other items pertaining to the application • After the interview, the investigator will prepare a report for the Commission regarding the investigation and submit the request back to Licensing for further processing. • Licensing reviews the report from Enforcement and any additional documents received during the interview process. The request is prepared for the Commission to consider and placed on a docket for an upcoming licensing meeting. • The Commission considers the request, including: o the liquor license operating history of the applicant (if a current or prior licensee) o the arrest and conviction record of the applicant o whether the applicant meets the requirements for a license o the applicant’s financial information o opinions of the local legislative body or police department, if received. • The Commission will approve or deny the request based on these factors. Occasionally, the Commission will request more information from the applicant before making a final decision. • After the Commission makes a decision on the request, the file is returned to Licensing for final processing. o Approval orders are sent to the applicant requesting any final items before the issuance of the license. o Denial orders are sent to the applicant and the applicant may appeal the decision. • When all the final items are received by Licensing, the completed request is forwarded to the Renewal Unit for the issuance of the physical license documents. o Any changes in financial provisions at the time of closing which do not conform to the terms previously indicated and investigated may require submission of new forms and possible additional investigation. Permits, Permissions, and Authorizations On-Premises Tasting Room Permit – This permit allows the Brewer or Micro Brewer licensee to sell beer it manufactures to customers for consumption on or off in an 34 Page 39 of 62  Exhibit G. MLCC Licensure Information approved tasting room located on the manufacturing premises. If the licensee is also licensed to manufacture wine, spirits, or mixed spirit drink products at the same location where it is licensed with a Brewer or Micro Brewer license, it may also sell those products in the approved tasting room that is issued this permit. A licensee issued an On-Premises Tasting Room Permit must maintain Proof of Financial Responsibility (liquor liability insurance) as required by MCL 436.1536(7)(e) and MCL 436.1803 [see Proof of Financial Responsibility form (Form LC-95)], and must comply with the minimum server training requirements for retail sales as required by MCL 436.1535(7)(d) and MCL 436.1906. On-Premises Tasting Room Permit limits for Brewer or Micro Brewer licenses: • A Brewer may have no more than 2 On-Premises Tasting Room Permit locations. • A Micro Brewer making fewer than 30,000 barrels of beer per year may have an On-Premises Tasting Room Permit at any of its separate manufacturing premises. • A Micro Brewer making 30,000 barrels of beer or more a year may have an On- Premises Tasting Room Permit at no more than 3 of its manufacturing premises. • If a Brewer or Micro Brewer has more than one On-Premises Tasting Room Permit location it may sell beer it made at any of its manufacturing premises at any of its On-Premises Tasting Room Permit locations under one of the following conditions: o Beer made at another location by the same Brewer or Micro Brewer is transferred to be sold at an On-Premises Tasting Room Permit location that has an installed and functional multivessel system capable of producing and fermenting at least 3 barrels of wort in a single batch o Beer made at another location by the same Brewer or Micro Brewer is transferred to be sold at an On-Premises Tasting Room Permit location where the Brewer or Micro Brewer manufactures at least 50% of the volume of beer at that location that is sold to consumers at that location o Beer made at another location by the same Brewer or Micro Brewer is transferred to be sold at an On-Premises Tasting Room Permit location that was approved by the Commission under an application received prior to October 1, 2018 • May sell beer for consumption off the premises. • May sell and serve full size drinks. • No size or number limit on tasting samples. • May serve food or have a restaurant in conjunction with the On-Premises Tasting Room Permit. Sunday Sales Permit (A.M.) - A permit that allows the sale of beer on Sunday mornings between 7:00am and 12:00 noon, if allowed by the local unit of government. A Sunday Sales Permit (P.M.) in not required for beer sales after 12:00 noon on Sunday. Specific Purpose Permit - A permit that allows specific types of activities (such as the service of food, sporting activities, meetings, etc.) to occur on the licensed premises outside the legal hours for the sale of alcohol. A specific purpose permit does not allow the sale of alcohol outside of the legal hours of sale. Dance Permit - Allows dancing by patrons of a business with an on premises license. Often combined with an Entertainment Permit. 35 Page 40 of 62  Exhibit G. MLCC Licensure Information Entertainment Permit - Permits certain types of live entertainment at a business with an on premises license. An entertainment permit does not allow topless activity. Often combined with a Dance Permit. Extended Hours Permit - A permit held in conjunction with a Dance or Entertainment Permit (or both) that allows dancing or entertainment on the licensed premises outside the legal hours for the sale of alcohol. An Extended Hours Permit does not allow the sale of alcohol outside of the legal hours of sale. Catering Permit - Authorizes a holder of a Brewer or Micro Brewer license to sell, deliver, and serve beer, and wine in the original containers at private events. A licensee must have a food service establishment license or retail food establishment license to qualify for this permit. Beer & Wine Tasting Permit - A permit that allows for a Brewer or Micro Brewer licensee to conduct a beer tasting event at the licensed premises of a Specially Designated Merchant (SDM) licensee. A Salesperson licensee representing the Brewer or Micro Brewer licensee must conduct the tasting event. Living Quarters Permit - Allows living quarters to be directly connected to the licensed premises. Direct Connection permission - Allows connections from the licensed premises to unlicensed premises. Outdoor Service authorization - Authorization granted by the Commission for a license to sell alcohol outdoors in an area controlled by the licensee. This can be a patio area next to the licensed premises or a space as large as a golf course Churches & Schools A new application to sell alcoholic beverages at retail under an On-Premises Tasting Room Permit, or a request to transfer location of an existing license that intends to sell alcoholic beverages under an On-Premises Tasting Room Permit, may be denied if the contemplated location is within 500 feet of a church or school. The Commission may waive the church/school provision if the church or school does not file an objection to the proposed license. If the church or school does file an objection, the Commission shall hold a hearing before making a decision on the issuance of the license. Michigan Department of Agriculture & Rural Development Requirements Facilities that manufacture alcoholic products in Michigan must be licensed through the Michigan Department of Agriculture & Rural Development (MDARD) in addition to 36 Page 41 of 62  Exhibit G. MLCC Licensure Information licensure through the Commission. You may contact MDARD regarding the licensing requirements for the type of establishment for which you are applying by calling, toll-free, 800-292-3939 or visiting www.michigan.gov/mdard. Surety Bond A Surety Bond (Form LC-MW-816) executed by an insurance company authorized to do business in Michigan in the amount of $1,000.00 for the first year licensed is required prior to issuance of a Brewer or Micro Brewer license. Each subsequent year of licensure bond amount is based upon an average of excise taxes paid in the last calendar year, with a minimum amount of $1,000.00. The Surety Bond does not need to be submitted until the applicant has received notification of the license approval by the Commission. Manufacturing & Labeling Beer must be manufactured in accordance with federal beer regulations published in the Code of Federal Regulations (CFR) Title 27, Part 25, pursuant to R 436.1611. All beer products sold in Michigan must have labels approved by the Commission prior to being sold. All beer sold in Michigan must be labeled in accordance with TTB regulations. The Commission uses an on-line label registration process through the Michigan Wholesale Product Registry (MWPR), which requires prior registration with the TTB. Upon licensure, the applicant will be provided with a password and instructions to access the on-line registration site. There is no fee for Michigan label registration. Mandatory label information, pursuant to TTB regulations: • Brand name. • Class, type or, in lieu of, a truthful & adequate statement of composition shall appear on the brand label of the product. • Name and address of bottler or packer where bottled or packed. • Net contents. • Government Warning Statement. • Alcohol content by volume is optional. For federal labeling information contact the TTB at 866-927-2533 or www.ttb.gov. Container Deposits Beer, mixed wine drink (wine coolers) & mixed spirit drink (spirit coolers) sold in containers of one (1) gallon or less must comply with the Beverage Container Act (Initiated Law of 1976) by requiring a deposit of not less than 10 cents per container when sold to consumers. Containers must be clearly labeled with the name of this state and the 37 Page 42 of 62  Exhibit G. MLCC Licensure Information deposit amount; “MI” or “MICH” are acceptable abbreviations for Michigan. The wholesaler who sells the returnable containers to their retail customers initiates the container deposit. Beer Excise Tax Reports Michigan beer excise tax rate is $6.30 per barrel. A barrel contains 31 gallons. Brewers and Micro Brewers shall pay the Michigan beer excise tax or may designate a wholesaler to pay the tax on their behalf for all beer manufactured and sold in this state. Taxes are collected on a monthly basis (biweekly if your monthly tax liability averages $50,000 or more). Sales and shipments made to military installations, Indian reservations or out-of-state by Brewers or Micro Brewers are nontaxable. Beer that is sold for consumption in an approved tasting room located on the manufacturing premises of a Brewer or Micro Brewer licensee with an On-Premises Tasting Room Permit is subject to the beer excise tax and must be submitted by the Brewer or Micro Brewer licensee regardless if a wholesaler has been designated to pay tax on wholesale shipments to retailers. For further questions relating to beer tax, please contact our Financial Management Division at: 517-284-6352. Tax forms and instructions may be located on the Commission website at: https://www.michigan.gov/lara/0,4601,7-154-89334_10570_14177_15067--- ,00.html. Sales to Wholesalers All sales must be made through licensed wholesalers (except retail sales to customers at an approved tasting room with an On-Premises Tasting Room Permit). A Micro Brewer licensee may self-distribute to a retailer licensee if the Micro Brewer licensee meets the definition of a “qualified Micro Brewer” (noted below) as provided in MCL 436.1203(19). A Brewer or Micro Brewer licensee must grant each of its wholesalers an exclusive sales territory. A Brewer or Micro Brewer licensee must enter into a written agreement each of the wholesalers specifying the brand or brands to be distributed and the territory where exclusive sales are granted. There can be no overlapping of sales territories between wholesalers of similar brands. There is no prohibition against offering wholesalers quantity discounts as long as the discounts are uniformly offered to all wholesalers. The Liquor Control Code requires the sale and purchase of all alcoholic beverages to be for cash only, at the time of delivery to wholesalers. A “qualified Micro Brewer” may sell and deliver beer to a retailer. “Qualified Micro Brewer” means a Micro Brewer licensee that produces less than 1,000 barrels of beer per year. 38 Page 43 of 62  Exhibit G. MLCC Licensure Information All brands of the Micro Brewer licensee, whether brewed in this state or outside of Michigan, shall be combined to determine the 1,000-barrel threshold. A qualified Micro Brewer that self-distributes to retailer licensees must comply with the following: • Must file a schedule of net cash prices to retailers with the Commission office. For more information on beer price postings read the Beer Price Filing Requirements on the Commission website: https://www.michigan.gov/documents/lara/Beer_Price_Filing_535194_7.pdf • Beer must be delivered by employees of the Micro Brewer licensee. • Must obtain a delivery decal from the Commission office for any vehicles used to deliver beer to retailers – use Delivery Vehicle Decal Application (LCC-351). • Cannot deliver beer in a sales territory that the Micro Brewer licensee has granted to a wholesaler. Barrel Deposits Manufacturers of beer are required to collect a barrel deposit of $30.00 for all barrels, 1/2 barrels, and 1/4 barrels of beer sold to wholesalers. A refund of $30.00 shall be made to a licensee who has made the deposit and returned the barrels for refund. The Rule does not allow a deposit in excess of $30.00. Salesperson Licenses Any person employed by a Brewer or Micro Brewer licensee to sell, deliver, promote, or otherwise assist in the sale of alcoholic liquor in this state is required to hold a Salesperson license issued by the Commission. Employees who work exclusively at the brewery premises and have no contact with wholesalers, retailers, or consumers off the licensed premises do not need a Salesperson license. Salesperson licensees must be at least 18 years of age and are prohibited from being employed by a retailer-tier licensee on a paid or any other basis. For more details on Salesperson licensee requirements and exceptions to the requirements for certain employees please visit the Commission’s webpage for Salesperson licensing information: https://www.michigan.gov/lara/0,4601,7- 154-89334_10570_16941-456243--,00.html. Record Retention and Inspection of Premises and Records All licensees are required to maintain all sales, purchase, and Salesperson licensee expense records for a minimum of four years. Records may be maintained electronically or otherwise as long as a hard copy of the record can be created upon demand. A licensee must make the licensed premises available for inspection and search by a Commission Investigator or any law enforcement officer empowered to enforce the Commission’s rules and code during regular business hours or when the premises is 39 Page 44 of 62  Exhibit G. MLCC Licensure Information occupied. The Commission or its duly authorized agent may examine the books, records, or papers of a licensee. Consumer Participatory Brewery (“Brew-On-Premises”) Operation The Michigan Liquor Control Code requires a license to manufacture and sell beer. While the Code does allow for home brewing for personal consumption, the home brewing must be done at a person’s residence. Therefore, a Brew-On-Premise operation whereby a person provides a facility and equipment allowing consumers to participate in the brewing process is not recognized as home brewing and is allowable in Michigan only under a Micro Brewer or Brewer license. The Commission recognizes the licensed Brewer or Micro Brewer to be the manufacturer of the beer and holds that licensee accountable for all actions on its licensed premises. The licensee may not lease out their licensed premises or equipment to any person; however, consumers may participate in the brewing process under the supervision of the licensee. The Commission recognizes the licensee to be selling the finished beer product to the participating consumer. The licensee may however collect the money up-front from the participating consumer. The licensee will be responsible for paying the appropriate beer excise taxes on all beer manufactured and sold in this state. The licensee will also be responsible for registering all beer brands with TTB and the Commission and labeling all containers in accordance with TTB standards. The Commission will allow Brew-On-Premise operations to register a ‘generic label’ approved by TTB and registered with the Commission with the very basic required information (name and address of bottler, net contents & government warning statement), and allow such labels to be further customized by the customer or licensee with additional brand name or fanciful name addition. Contract Brewing A Brewer or Micro Brewer licensee may contract brew beer for a retailer licensee that desires to have a “private label”. Such contract-brewed beer is basically treated like any other beer. The Brewer or Micro Brewer licensee producing the beer is responsible for registering the product and trade name with TTB and the Commission; paying the beer excise taxes to the Commission for the beer sold in Michigan; assigning sales territories to wholesalers; and selling the beer only to licensed Michigan wholesalers. Contract brewed beer is no different than any other beer except that someone else may own the trade name, formula, and label rights. 40 Page 45 of 62  -1- 3393 Remembrance Road N.W. – “Judged Similar” Request June 26, 2019 MOTION – 6-26-2019 Case 19-0009: I make a motion to (approve / deny) the request by applicants Michael Smith and Brad Lawrence on behalf of owner Bosworth Builders LLC / Tiny Giant Leasing LLC to establish that a proposed use with small batch beer brewing, ingredient and beer packaging and storage, commercial sales, and future onsite sampling is similar to the principal uses permitted in, and compatible with the intent of, the C-3 zoning district under Section 94- 178(b)(10) regarding the subject lot is 3393 Remembrance Road N.W. (PPN 41-13-17-476-015), zoned C-3 – Highway Commercial and A – Single Family Residential, based on facts about the proposed use as presented by the applicant and findings of fact regarding consistency with Sections 94-178(a) and 94-178(b) of the Walker Zoning Ordinance: Facts about the proposed use as presented by the applicant: - The use will involve small batch beer brewing with onsite to-go retail sales for off-site consumption. - In detail, the proposed use will involve the following: o Brewing of small batch artisan beer o Selling of Ingredients and production equipment o Packaging and storing of beer o Commercial sales direct to consumer for off-site consumption o The Intent of the business IS to provide a small market style consumer experience for high quality artisan beer Similar to comparably sized bakeries and meat markets o Future plans for the brewery do Include onsite sampling and potentially serving pints during Saturday operating hours if possible. - 20 to 30 occupants will be within the building at one time maximum. - 2 to 4 staff members will be onsite during operating hours - Sales and commercial operating hours will be as follow: o 1200 PM to 7:00 PM Thursday and Friday o 1000 AM to 500 PM Saturday - Production and packaging hours will be as follow: o 800 AM to 07·00 PM Monday, Tuesday and Wednesday - Anticipated vehicles on site will include the following: o Employee passenger vehicles 2-4 o Non-employee visitor vehicles: Up to 10 o Company vehicles. None - The exterior of the site will not be used except for the following: o Loading of Ingredients once a month by box truck o Removal of spent brewing grams once a week by pickup truck o Customer parking - Drop-offs and pick-ups will last roughly 5-10 minutes - One (1) delivery truck per month is anticipated to enter and leave the site - The largest truck anticipated on the site will be a 26’ long box truck - Onsite security will include door locks, an after-hours motion monitoring system, and cameras. 41 Page 46 of 62  -2- - Floor areas within the building will be as follow: o Sales and service floor area 1170 SF o Storage space 500 SF o Production and packaging space 1000 SF o • Square footage is approximate and subject to small changes - Businesses listed as having similar models and layouts are: o Sobie Meats, 3450 Remembrance Road N.W., Walker MI 49534. www.sobiemeats.com o Nantucket Baking Company, 615 Lyon Street N.W., Walker MI 49503. www.nantucketbakingco.com o Aslin Beer Company. 257 Sunset Drive, Herndon, VA 20170. www.aslinbrewing.com. Findings of fact regarding consistency with Sections 94-178(a)* and 94-178(b) of the Walker Zoning Ordinance:  The proposed use (will / will not) primarily involve on-site sale of products, service, and exchange of goods for payment on site.  Manufacturing and processing activities (will / will not) be sufficiently limited within the building in a manner comparable to those areas within typical bakeries, meat markets, coffee shops, and food stores.  Manufacturing and processing activities (will / will not) generate significant noise, odor, or vibration;  Manufacturing and processing activities (will / will not) be substantially buffered from adjacent residential land uses, particularly those existing to the rear and side of the subject site.  The proposed use (will / will not) allow for safe and accessible vehicular circulation to and from the site;  The proposed use (will / will not) allow for safe and accessible vehicular circulation to and from adjacent sites;  The subject site (will / will not) allow for sufficient vehicular parking  Outdoor sales (will / will not) be a significant component of the future growth of this business.  The proposed use (will / will not) primarily involve the manufacturing of products for off-site distribution and exchange of goods for payment at a different location.  The proposed production and sale of alcoholic products at the site (will / will not) be consistent with the C-3 zone district intent and permitted principal uses in the C-3 district.  The proposed use (will / will not) resemble a bar or night club use based on patterns and hours of usage in the site and limits on licensure for on-site consumption of alcoholic beverages. *Note: Sec. 94-178(a): Intent. The "C-3" district, highway commercial, is to encourage the construction or continued use of land for commercial and service uses and to provide for orderly development and concentration of such uses to satisfy the needs of modern commercial development where access is entirely dependent upon the automobile and to provide suitable locations for such activities which function relatively independently of intensive pedestrian traffic and proximity to other firms. Typical activities in this district require direct automobile traffic access and visibility from the road and sufficient depth to provide for vehicle parking, but this district is not intended to accommodate, and permitted uses exclude, outdoor sales establishments. Conditions: Recommended Condition (if variance is granted): The applicant agrees to the conditions noted in the Planning Director’s letter dated June 19, 2019. Additional condition: __________________________________________________ 42 Page 47 of 62  -3- Additional condition: __________________________________________________ Motion made by:__________ Support from:__________ Ayes:__________ Nays:__________ Motion carries / fails 43 Page 48 of 62 Page 49 of 62 3393 Remembrance Road N.W. 1983 Brewing Company LLC “Judged Similar” Request Regular Meeting June 26th, 2019 – 7:00 p.m.  CONTEXT Page 50 of 62 Leonard Garden Homesites Plat Photo taken 6/18/2019  BROAD REQUEST AND ZBA ROLE “Judged Similar” determination for new use not encompassed by Walker’s Zoning Ordinance ZBA’s roles Page 51 of 62 • Hears and decides appeal of administrative decisions  Interprets zoning ordinance text and map • Hears and decides applications for variances  SPECIFIC REQUEST AND ZBA ROLE “Judged Similar” determination for “small batch beer brewing” use in C-3 – Highway Commercial zoning district Specific uses: • Small batch beer brewing** and related ingredient and beer packaging and storage; • Commercial sales; • Future onsite sampling. **Definition clarity sought from applicant. “Small batch” refers to any batch less than five gallons in volume. Source: https://www.brewcabin.com/small-batch-brewing Page 52 of 62  SPECIFIC REQUEST AND ZBA ROLE “Judged Similar” determination for “small batch beer brewing” use in C-3 – Highway Commercial zoning district Additional Information • Specific uses: • Brewing of small batch artisan beer • Selling of Ingredients and production equipment • Packaging and storing of beer • Commercial sales direct to consumer for off-site consumption Page 53 of 62 • Small market style consumer experience • Similar to comparably sized bakeries and meat markets • Potential future onsite sampling and service. • 30 maximum occupancy including 2 to 4 staff members. • Sales and commercial operating hours from 12:00 PM to 7:00 PM Thursday-Friday and 10:00 AM to 5:00 PM Saturday • Production and packaging hours from 8:00 AM to 07:00 PM Monday, Tuesday and Wednesday • Up to 14 vehicles maximum on site at once • Exterior uses to include loading of ingredients, removal of spent brewing grains once per month, and customer parking. • 26’ long box truck to be the largest anticipated vehicle. • Onsite security will include door locks, an after-hours motion monitoring system, and cameras.  SPECIFIC REQUEST AND ZBA ROLE Reference Sites Provided by the Applicant 1. Aslin Beer Company. 1 2 Herndon, VA 2. Nantucket Baking Company. Grand Rapids, MI Page 54 of 62 3. Sobie Meats. Walker, MI 3  SPECIFIC REQUEST AND ZBA ROLE “Judged Similar” determination for “small batch beer brewing” use in C-3 – Highway Commercial zoning district Part 1. Is this use compatible with the C-3 zone district intent? Page 55 of 62 The "C-3" district, highway commercial, is to encourage the construction or continued use of land for commercial and service uses and to provide for orderly development and concentration of such uses to satisfy the needs of modern commercial development where access is entirely dependent upon the automobile and to provide suitable locations for such activities which function relatively independently of intensive pedestrian traffic and proximity to other firms. Typical activities in this district require direct automobile traffic access and visibility from the road and sufficient depth to provide for vehicle parking, but this district is not intended to accommodate, and permitted uses exclude, outdoor sales establishments.  SPECIFIC REQUEST AND ZBA ROLE “Judged Similar” determination for “small batch beer brewing” use in C-3 – Highway Commercial zoning district Part 2. Is this use similar to the principal uses permitted under C-3 zoning, such as… • …food stores, grocery stores, meat markets, bakeries, coffee shops, delicatessens and restaurants? • …Indoor retail sales and service? Page 56 of 62 Sobie Meats • Location: 3450 Remembrance Road N.W. • Zoned: C-1 – Local Commercial Lake Michigan Nutrition • Location: 3880 Lake Michigan Drive N.W. • Zoned: C-1 – Local Commercial Honeybaked Ham • Location: 3150 Alpine Avenue N.W. Grand Rapids Cheesecake Company • Zoned: CPUD – Commercial Planned • Location: 2255 Alpine Avenue N.W. Unit Development • Zoned: C-3 – Highway Commercial  RECOMMENDED REVIEW CRITERIA • Principal use shall be on-site, indoor sale of products, service, and exchange of goods for payment on site. • Principal use shall not to be: • Bar or night club • Manufacturing, packaging, or processing for off-site distribution Page 57 of 62 • Manufacturing and processing activities must be limited and adequately buffered. • No significant noise, odor, or vibration. • Accessible and safe vehicle routes to and from site and adjacent sites. • Adequate parking. • No outdoor sales as principal future use. • Sale of alcoholic products to be consistent with City licensure policies.  RECOMMENDED CONDITIONS • Proper approvals to be sought from the Walker CC for any MLCC on-premise consumption license. • The applicant must provide a listing of seats to be provided inside the sales / service floor area. • Parking area must be adequately surfaced and striped, including barrier-free parking space(s). • Adherence to performance standards of Article XV of the Walker zoning ordinance. Page 58 of 62 • Adherence to noise ordinance requirements of Article IV of Chapter 34 of the Walker City Code. • No use of accessory building or A-zoned rear yard area for production, sales, or service usage. • Rear overhead door only to be opened as necessary for loading, unloading, and ventilation. • No outdoor storage of spent grains or other materials.  New staff-recommended condition, 6-26-19. • The ZBA may request formal site plan review with the Planning Commission. This is recommended, 6- 26-19. Site plan application submittal should include a scaled site plan and floor plan.  -1- 3393 Remembrance Road N.W. – “Judged Similar” Request June 26, 2019 MOTION – 6-26-2019 - REVISED Case 19-0009: I make a motion to (approve / deny) the request by applicants Michael Smith and Brad Lawrence on behalf of owner Bosworth Builders LLC / Tiny Giant Leasing LLC to establish that a proposed use with small batch beer brewing, ingredient and beer packaging and storage, commercial sales, and future onsite sampling is similar to the principal uses permitted in, and compatible with the intent of, the C-3 zoning district under Section 94- 178(b)(10) regarding the subject lot is 3393 Remembrance Road N.W. (PPN 41-13-17-476-015), zoned C-3 – Highway Commercial and A – Single Family Residential, based on the facts presented* and findings of fact regarding consistency with Sections 94-178(a) and 94-178(b) of the Walker Zoning Ordinance: Findings of fact regarding consistency with Sections 94-178(a)** and 94-178(b) of the Walker Zoning Ordinance:  The proposed use (will / will not) primarily involve on-site sale of products, service, and exchange of goods for payment on site.  Manufacturing and processing activities (will / will not) be sufficiently limited within the building in a manner comparable to those areas within typical bakeries, meat markets, coffee shops, and food stores.  Manufacturing and processing activities (will / will not) generate significant noise, odor, or vibration;  Manufacturing and processing activities (will / will not) be substantially buffered from adjacent residential land uses, particularly those existing to the rear and side of the subject site.  The proposed use (will / will not) allow for safe and accessible vehicular circulation to and from the site;  The proposed use (will / will not) allow for safe and accessible vehicular circulation to and from adjacent sites;  The subject site (will / will not) allow for sufficient vehicular parking  Outdoor sales (will / will not) be a significant component of the future growth of this business.  The proposed use (will / will not) primarily involve the manufacturing of products for off-site distribution and exchange of goods for payment at a different location.  The proposed production and sale of alcoholic products at the site (will / will not) be consistent with the C-3 zone district intent and permitted principal uses in the C-3 district.  The proposed use (will / will not) resemble a bar or night club use based on patterns and hours of usage in the site and limits on licensure for on-site consumption of alcoholic beverages. Conditions: Recommended Conditions: 1. Proper approvals to be sought from the Walker City Commission for any MLCC on-premise consumption license. 2. The applicant must provide a listing of seats to be provided inside the sales / service floor area. 3. Parking area must be adequately surfaced and striped, including barrier-free parking space(s). Page 59 of 62  -2- 4. Adherence to performance standards of Article XV of the Walker zoning ordinance. 5. Adherence to noise ordinance requirements of Article IV of Chapter 34 of the Walker City Code. 6. No use of accessory building or A-zoned rear yard area for production, sales, or service usage. 7. Rear overhead door only to be opened as necessary for loading, unloading, and ventilation. 8. No outdoor storage of spent grains or other materials. 9. Site plan review by the Walker Planning Commission is required. Additional condition: __________________________________________________ Additional condition: __________________________________________________ Additional condition: __________________________________________________ Motion made by:__________ Support from:__________ Ayes:__________ Nays:__________ Motion carries / fails Page 60 of 62  -3- --- *Facts about the proposed use as presented by the applicant: - The use will involve small batch beer brewing with onsite to-go retail sales for off-site consumption. - In detail, the proposed use will involve the following: o Brewing of small batch artisan beer o Selling of Ingredients and production equipment o Packaging and storing of beer o Commercial sales direct to consumer for off-site consumption o The Intent of the business IS to provide a small market style consumer experience for high quality artisan beer Similar to comparably sized bakeries and meat markets o Future plans for the brewery do Include onsite sampling and potentially serving pints during Saturday operating hours if possible. - 20 to 30 occupants will be within the building at one time maximum. - 2 to 4 staff members will be onsite during operating hours - Sales and commercial operating hours will be as follow: o 1200 PM to 7:00 PM Thursday and Friday o 1000 AM to 500 PM Saturday - Production and packaging hours will be as follow: o 800 AM to 07·00 PM Monday, Tuesday and Wednesday - Anticipated vehicles on site will include the following: o Employee passenger vehicles 2-4 o Non-employee visitor vehicles: Up to 10 o Company vehicles. None - The exterior of the site will not be used except for the following: o Loading of Ingredients once a month by box truck o Removal of spent brewing grams once a week by pickup truck o Customer parking - Drop-offs and pick-ups will last roughly 5-10 minutes - One (1) delivery truck per month is anticipated to enter and leave the site - The largest truck anticipated on the site will be a 26’ long box truck - Onsite security will include door locks, an after-hours motion monitoring system, and cameras. - Floor areas within the building will be as follow: o Sales and service floor area 1170 SF o Storage space 500 SF o Production and packaging space 1000 SF o • Square footage is approximate and subject to small changes - Businesses listed as having similar models and layouts are: o Sobie Meats, 3450 Remembrance Road N.W., Walker MI 49534. www.sobiemeats.com o Nantucket Baking Company, 615 Lyon Street N.W., Walker MI 49503. www.nantucketbakingco.com o Aslin Beer Company. 257 Sunset Drive, Herndon, VA 20170. www.aslinbrewing.com. --- ** C-3 – Highway Commercial Zone District Intent. Sec. 94-178(a): Intent. The "C-3" district, highway commercial, is to encourage the construction or continued use of land for commercial and service uses and to provide for orderly development and concentration of such uses to satisfy the needs of modern commercial development where access is entirely dependent upon the automobile and to provide suitable locations for such activities which function relatively independently of intensive pedestrian traffic and proximity to other firms. Typical activities in this district require direct automobile traffic access and visibility from the road and sufficient depth to provide for vehicle parking, but this district is not intended to accommodate, and permitted uses exclude, outdoor sales establishments. Page 61 of 62  CITY OF WALKER ZONING BOARD OF APPEALS DECISION AND ORDER: RESOLUTION NO. 19 –009 Property Description: 41-13-17-476-015 The subject property is located at: 3393 Remembrance Road NW Applicant/owner: Michael Smith / Bosworth Builders LLC Requested Action: The City of Walker Zoning Board of Appeals (ZBA) will conduct a public hearing on Wednesday, June 26, 2019, beginning at 7:00 p.m. in the Walker City Commission Chambers, 4243 Remembrance Rd., N.W. Applicants Michael Smith and Brad Lawrence have applied on behalf of owner Bosworth Builders LLC / Tiny Giant Leasing LLC to establish via a “judged similar” ruling by the ZBA whether a proposed use with small batch beer brewing, ingredient and beer packaging and storage, commercial sales, and future onsite sampling is similar to the principal uses permitted in, and compatible with the intent of, the C-3 zoning district under Section 94-178(b)(10). The subject lot is 3393 Remembrance Road N.W. (PPN 41-13-17-476-015), zoned C-3 – Highway Commercial and A – Single Family Residential. Having conducted a public hearing the City of Walker Zoning Board of Appeals hereby orders that the above application is _____________________ (granted/tabled or denied) per plan submitted on ______________________(date) by a vote of ____________________ for the reasons listed below. A copy of this Decision and Order was given to the applicant on the date of the decision and the Zoning Board of Appeals also announced at the meeting that copies were available to other interested parties. Findings of Facts Findings as ready by Board Member _______________________ (name). Conditions of Approval (conditions stricken or added as discussed): 1. Proper approvals to be sought from the Walker City Commission for any MLCC on-premise consumption license. 2. The applicant must provide a listing of seats to be provided inside the sales / service floor area. 3. Parking area must be adequately surfaced and striped, including barrier-free parking space(s). 4. Adherence to performance standards of Article XV of the Walker zoning ordinance. 5. Adherence to noise ordinance requirements of Article IV of Chapter 34 of the Walker City Code. 6. No use of accessory building or A-zoned rear yard area for production, sales, or service usage. 7. Rear overhead door only to be opened as necessary for loading, unloading, and ventilation. 8. No outdoor storage of spent grains or other materials. 9. Site plan review by the Walker Planning Commission is required. 10. _____________________________________________________________________ 11. _____________________________________________________________________ 12. _____________________________________________________________________ Motion made by: _________________________ supported by: _____________________________ Ayes: ___________ Nays: ___________ _______________________________ ____________________________________ Applicant signature Secretary Page 62 of 62