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Zoning Board of Appeals Minutes

Cascade Charter Township Zoning Board of Appeals

Tuesday, January 9, 2001

7:30 pm

ARTICLE 1. Chairman Wilson called the meeting to order.

Members Present: Erickson, Koessel, Lewis, Timmons, Wilson

Members Absent: Goldberg (unexcused).

Others Present: Planning Director Peterson, Admin. Assistant Thompson and those listed on Supplement #1.

ARTICLE 2. The agenda was approved on motion by Member Lewis and supported by Member Koessel. The motion carried.

ARTICLE 3. Member Koessel supported by Member Lewis moved to approve the Minutes of the December 12, 2000 meeting. The motion carried.

ARTICLE 4. The following Planning Commission Minutes were received and filed:

(PUBLIC HEARING)

The applicant requested a variance that would allow the driveway and parking lot to be unpaved in connection with a proposal for a crew facility with associated dock ramp and building along the Grand River (north side of Grand River Drive just west of the radio towers).

(Member Timmons entered the meeting at 7:32 pm.)

Planning Director Peterson related this property is located next to the radio towers on Grand River Drive. The applicant would like to develop a crew facility with access to the Grand River. The applicant also requested a Type II Special Use Permit. That request was before the Planning Commission last week and was recommended for approval. The Special Use Permit request will go before the Township Board on November 10, 2000. The Planning Commission approved the site plan and forwarded a positive recommendation to the Township Board for the Special Use Permit. There is an old access and small parking area. The property is in the flood plain area along the Grand River. The applicant would like to use the existing access drive and parking area and would like those to remain unpaved. The Zoning Ordinance is specific that all uses besides single family and agriculture have to pave all parking areas. The only portion that would be paved is the curb cut off Grand River Drive. The Township has had similar requests in the past for parking areas to remain unpaved. The most recent of which was Dave Woods on Thornapple River Drive for a storage container business. The Zoning Board of Appeals denied that request largely because of the small site and having to meet setbacks for the containers would be very confusing to figure out what the setback would be. The church on Cascade Road in the Beard Farms subdivision wanted to have their drive and parking area unpaved. That request was denied due to the location within a residential subdivision. The self storage facility on Thornapple River Drive and Thornapple Excavating were allowed to have gravel drives. The Township Park also has several gravel access drives and parking areas. Planning Director Peterson then went through the findings of fact as listed in the Staff Report. Planning Director Peterson stated his opinion that since the property is within the flood plain, even the most useable areas are occasionally wet. Pavement would be flooded each year by the spring thaw and be under water. Planning Director Peterson believes this is the minimum variance that will make possible the reasonable use of the land. The amount of paving required by the Road Commission should be adequate to keep dirt off from Grand River Drive. Planning Director Peterson related he does not believe a variance would be detrimental to the neighborhood or to public welfare.

Planning Director Peterson then recommended approval of the request. He related if the drive and parking area is to remain unpaved, it should be constructed of a crushed stone to prevent cars from getting stuck, dust and tracking dirt off the site.

Chairman Wilson asked only the entrance into the facility will be paved? Planning Director Peterson responded yes.

Chairman Wilson asked how far down are they going to pave. Planning Director Peterson related 125 feet. Any kind of improvement you do to the wet area is going to be torn up pretty bad with the spring flood and thaw.

Chairman Wilson related the reason we have an ordinance is to keep the dirt, etc. from tracking off the site and leaving the drive unpaved wouldn’t undermine the ordinance because it would be paved far enough at the road entrance.

Member Timmons related the drawing presented tonight is a little bit different than the one in our packet. He asked if the gray area by the river would be paved? Planning Director Peterson responded no, that is the new gravel area.

Member Timmons asked how many buildings are proposed. Planning Director Peterson responded one building and the dock structure. The site was designed to handle other buildings.

Member Timmons asked is this the only proposed use for this site. Planning Director Peterson responded yes, there is a gated access drive. The surrounding property is being considered by the owner to be gifted to both Ada and Cascade Townships for a park.

Member Timmons asked are we going to be responsible for patrolling it at night and on weekends? Planning Director Peterson responded no.

Member Timmons asked should we? Planning Director Peterson responded no.

Member Timmons related he thinks the dock in the river needs to be moveable. The property is under water all the way to Grand River Drive in the spring.

Member Koessel asked which one of these buildings is the facility. Planning Director Peterson responded the one closest to the river.

Member Koessel asked can they get access for emergency vehicles? Planning Director Peterson responded yes.

Member Lewis related the Planning Commission requested more detail for when it goes before the Township Board.

Member Koessel related what we are dealing with is a variance for a gravel road and parking area. Planning Director Peterson related he talked to the Fire Chief about this and he has not raised a red flag about it. The Fire Department accesses other sites that are not paved. It should have a driveable surface.

Member Koessel related if you have gravel with a lot of water it washes out. His concern is getting an emergency vehicle back there.

Member Lewis related this is the place it should be addressed. If we are going to give a variance you are on the right track with the possibility that may occur.

Member Timmons related we can deny or grant the application contingent upon a written report from the Fire Department approving this before the Township Board meeting.

Planning Director Peterson related maybe the variance request should be tabled until the Township Board decides on the Special Use Permit.

Member Timmons related he would be more comfortable with a written report from the Fire Department. We could grant the variance contingent upon the Fire Department’s approval.

Member Koessel related access should be part of the site plan approval process.

Member Erickson related if the school teams are using it and the site is operational, a fire truck should be able to get there.

Member Lewis asked is the building and road within the flood plain area? Planning Director Peterson responded yes, they have DEQ approval for that. There is an old subdivision plat next to it that was never developed.

Member Erickson asked would there be any impact from the DEQ if we were to require them to pave it? Planning Director Peterson related he didn’t believe so.

The applicant was represented by Bob Kullgren, a volunteer present on behalf of the Forest Hills school board. Mr. Kullgren related the road that is in there probably has existed thirty to forty years. The site appears to be a site where somebody thought they had their dream spot on the river. The gate is hydraulically operated. Apparently the previous owner cleared the land for the road and couldn’t get a building permit in the flood plain. This building is designed for the water to come in and go out from the building. Last year Mr. McGraw spent $30,000 - $40,000 to improve the road. It is a fairly substantial road. It is not paved. The property has been graded on the drainage ditch side and seeded. Our criteria was we needed to find a property gifted to us. This property had a road into it and a parking area. We thought we had died and gone to heaven when we found this piece of property. This is the perfect piece of property for this activity. Mr. Kullgren related his view is we would have to go back to the MDEQ if we are going to pave this. They would see 1400 feet of road impeded river. He doesn’t know if the DEQ would permit it or not. We have gone through one flood with the road, three fourths of it was under water. Some portions may have been two to three feet under water and it faired just fine. We will have an agreement that Mr. McGraw will maintain the property as long as he owns the surrounding land.

Mr. Kullgren then related information regarding the crew facility. Forest Hills Central has an 80 person team and has been in existence for five or six years. Forest Hills Northern has a novice team for the past two or three years. The teams can’t grow any more at their present location (Grand Rapids Rowing Club). We were pleased to have this opportunity come up and move out of the rowing club. Northern still can’t advance because there is no coach, and no place to put boats, etc. Crew is the fastest growing sport in this area and all around the country. We view this as a huge opportunity. We began a site search two and a half years ago. The current property owner has 36 acres in Cascade Township and more than a hundred acres in Ada Township next door. His intent is to gift the property to both townships for a park. We do have a MDEQ permit for the crew facility. This request is also going to the Township Board tomorrow night. Mr. Kullgren related when he thinks about gravel roads , their appearance and dust control comes to mind. This property is not near much of anything. The neighbor next door are the radio towers. Ada Moorings is about one-half mile away. He has no idea who is across the river. We are hundreds if not thousands of feet away from everyone. We do have issues to deal with the railroad to make the drive safe. It is two lanes wide at the entrance. There is a treeline at the edge of the property. In the summer you probably wouldn’t see the road from Grand River Drive.

Mr. Kullgren related the site will be used from April 1 to June 1. They train inside before spring break. Little bit in fall and summer. Not a highly utilized area. There would be 40 cars per day. A paved road would not provide any value to the kids. This is an athletic endeavor. We would like to invest to allow our kids to have this facility. If you see a strong need to pave this it may jeopardize this endeavor.

Member Koessel asked if the school will carry liability insurance. Mr. Kullgren responded yes.

Member Koessel asked what about other schools using this facility? Mr. Kullgren related it is designed to accommodate a third high school in the district. Currently just Forest Hills will be using the facilities. The owner has said he would like this to be a park that fully utilizes the river.

Member Koessel asked there are no immediate plans for other schools to use the site? Mr. Kullgren responded no.

Member Lewis asked if meets would be held on the site. Mr. Kullgren responded no, it is a training site. The river is not wide enough for a regatta.

Member Lewis asked what size is the parking area? Mr. Kullgren related it is designed for 24 cars currently. Planning Director Peterson related it will be a size that would meet our standards as if it were paved.

Mr. Kullgren related there is huge road grading equipment in there now. There is the possibility we would have two gates at this site. We don’t want the equipment to be damaged or stolen.

Member Lewis asked how the building will operate. Mr. Kullgren related the building will have a louver screen behind it. Water comes in and leaves. It is built one foot off ground level. There will be one inch of louver for one square foot of floor space.

Member Lewis asked if it was on a slab. Mr. Kullgren responded yes.

Member Erickson related the parents of the children use the site. Mr. Kullgren related the intention of this site has been crew team only.

Member Timmons related right now this is for a training facility. Is this a varsity sport? Mr. Kullgren related the intent is to make it a varsity sport.

Member Timmons related he is concerned as the facility needs to grow. Member Timmons stated Mr. Kullgren said the width of the river is a limiting factor on how many teams are going to train at a time. He asked how many can train at the same time? Mr. Kullgren responded four. No competitions at this site. Regattas are two day events and Riverside Park is set up for that.

Member Timmons related his concern is the site would be a great place to party. We are going to have to address that problem some how. Mr. Kullgren related they are concerned about that as you are.

Planning Director Peterson related we have a communication from Ada Township, their Planning Commission passed a motion in support of the request.

There being no further comments, Member Lewis supported by Member Koessel moved to close the public hearing. The motion carried and the public hearing was closed.

Member Koessel related the reason for granting the variance is this area is not adjacent to any homes, the applicant will pave a section of the entrance off Grand River Drive and because it is in a wetlands area it would not make sense to provide paving due to repairs that may be needed.

Member Timmons related he knows this area is under water and he feels leaving it gravel would be a better solution. It might be counter productive to pave it.

Member Erickson related the site is basically recreational use. It will have no improvements such as water and sewer.

(PUBLIC HEARING)

The applicant requested a variance that would allow a building to be setback from Cascade Road 20 feet in connection with a proposal for a new ice cream shop in the Village at 6886 Cascade Road.

Planning Director Peterson related this is for a new ice cream store to be located between Cascade Pointe and Westdale Realty. The building would be 625 s.f. that meets the setback except for the front yard. The applicant has tried to line it up with the Gathering Place (which is 24 feet from the Cascade Road right-of-way). The applicant proposes to use a porch with pillars so we measured to the pillars for the setback. The Township is in the process of amending the Zoning Ordinance for the B-1 zoning district. One change proposed is reducing the setback to 25 feet on Cascade Road. We do encourages the use of front porches as part of buildings. We have had a couple of setback variances in recent times. One was a front yard setback for Mr. Verburg’s automotive repair business which we did approve. He did a small addition on the side of the building. This request will go to the Planning Commission on January 16 for site plan approval. Planning Director Peterson recommended approval because it would be consistent with the other setbacks in the village area and similar new regulations.

Chairman Wilson questioned the elimination of parking spaces. Planning Director Peterson related the building would eliminate four parking spaces. There is enough parking for the use. Patrons will go up to the window and place their order. The business will be closed in the winter months.

Member Koessel related on Saturday and Sunday mornings you can’t hardly find a place to park there. He asked if this parcel is a separate piece of property from Cascade Pointe and if part of it is being used as additional parking now. Planning Director Peterson responded yes.

Member Timmons related the second to last criteria in the Staff Report reads "that the condition or situation of the specific piece of property, or the intended use of the property, for which the variance is sought is not of so general or recurrent nature as to make it more reasonable and practical to amend the Zoning Ordinance". He related we are amending the ordinance – it goes before the Township Board tomorrow night. Member Timmons related he is a little concerned about passing a variance tonight and make it non-conforming tomorrow night. Planning Director Peterson related you can change the proposed B-1 amendments to have a minimum of a 24 foot setback. This request is technically 20 feet if you measure to the post. Planning Director Peterson related he would have trouble with the ordinance definition in how to measure setbacks if it was changed.

Member Koessel related you could have a front porch that is huge and then have a setback issue on the back side. He recommended against amending the ordinance and measure to the columns.

Member Timmons related those are areas where if the rest of the development is consistent you could grant a variance to maintain the consistency of the setback.

Member Lewis related he agrees with the limited access to Cascade Road and that should be stated as part of the reason for the variance being granted.

Member Koessel related this is a separate lot and the Westdale building is set back further. He asked where the rear lot line is. Planning Director Peterson related it is 200 feet back. That building is not going to be connected to the Gathering Place. That building could be a kind of compromise between those two buildings: Westdale and the Gathering Place.

Planning Director Peterson related he feels it should line up with the other buildings.

Member Lewis related Westdale some years ago got a variance and then cut down the biggest tree on the site.

The applicant, Mary Ballenger, related she would like to explain about the ice cream shop. It is something she has always wanted to do. The location is very appealing to her. She will use a cottage theme. The name is Sundaes at the Cottage. Dr. Erdman owns the property. The order window is on the Westdale Realty side. The business would be open late March/early April and close in late September. Menu items will be hard and soft ice cream, shakes, malts, etc. The building is 25 x 25 without the porch. It is large enough for an ice cream shop. The porch compliments the building and has eye appeal from the street.

Chairman Wilson asked could you put an overhang on without the pillars? Mrs. Ballenger related she does like the pillars.

Planning Director Peterson related no comments were received.

Joe Erdman, owner of the property, related a few people have approached him over the years regarding an ice cream store. Until Mrs. Ballenger came along people thought it would be a nice hobby. Mrs. Ballenger is a microbiologist at Amway. That makes sense for this plan to work. Dr. Erdman referred to the design charette meeting in 1999 and trying to get a small village atmosphere with buildings closer to the road with parking in back. He related the store will be open when the Gathering Place is not open. Their hours would be 1:00 pm to 9:00 or 10:00 pm at night. The porch flows with this building. An overhang would not give us the same look. It will also hide a lot of the parking that you can see now.

Member Lewis asked Mrs. Ballenger if she lives in the Township. Mrs. Ballenger responded no, she lives in Rockford.

Member Timmons related his reasons for making the motion are a 625 s.f. building maintains a consistent line and the aspect of amending the ordinance make this a very minimum variance. It is important to line up the use with the adjoining uses in a small development.

The motion carried.

Member Koessel related he read in the newpaper Mr. Telman said he would bring the mobile home request to the Zoning Board of Appeals. Planning Director Peterson related our ordinance does not allow that. This is the same situation as the sand mine. There is no procedure to go to the ZBA for a land use variance. We have communicated that to Mr. Telman and we have talked to our attorneys about that. Staff will not direct him to the Zoning Board of Appeals.

Respectfully submitted,

James Koessel, Secretary

JK:MJT

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