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Zoning Board of Appeals Minutes

Cascade Charter Township Zoning Board of Appeals

Tuesday, February 13, 2001

7:30 pm

ARTICLE 1. Vice Chair Koessel called the meeting to order.

Members Present: Erickson, Goldberg, Koessel, Lewis.

Members Absent: Timmons and Wilson (both excused).

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

In the absence of the Chairman, Vice Chair Koessel acted as Chairman.

ARTICLE 2. The agenda was approved in the form in which it was intended on motion by Member Lewis and supported by Member Goldberg. The motion carried.

ARTICLE 3. The Minutes of the January 9, 2001 meeting were approved on motion by Member Lewis and supported by Member Goldberg. The motion carried.

ARTICLE 4. The Planning Commission Minutes of January 2, 2001 were received and filed.

(PUBLIC HEARING)

The applicant requested a variance that would allow the construction of two buildings closer to Thornapple River Drive than allowed by the Zoning Ordinance in the new riverfront park.

Planning Director Peterson presented a site plan of the area before the buildings were torn down. The plan showed seven buildings within the setback. A forty-three foot setback is called for in the R-2 zoning district. If the variances were granted, we would be going from seven or eight buildings closer to the road than 43 feet to two buildings closer than 43 feet. The topography of the site, trees and location of the dam has driven the location of the buildings. Planning Director Peterson related this is an area of the township where we have several buildings close to the road. The Gathering Place is located 8 feet back, Tuffy is ten feet, Verburgs is ten feet and Sheldon is fifteen. This is in an area where those setbacks are consistent with existing buildings. The park plans have come together very fast. The Township Board looked at and approved the final park plan just last week. The public hearing was noticed for tonight. No one has called or is in attendance tonight regarding the variance requests.

Member Koessel questioned the comment on the third finding of fact in the Staff Report which read: "the setbacks as proposed would allow the citizens to have the best use of the land for the park." Planning Director Peterson related that would be the best design for the park itself. The reasons given are reasons that we would grant a variance to anyone else for a similar request.

Member Goldberg agreed with the statement as to the restroom facility. He commented if you can’t pump it into the sewer line that is not good. He related he understands why they have to locate the building there. The other reason about being close to the concrete structure, he is not sure that is the same level of need although he does understand the designer’s point.

Member Lewis asked why couldn’t the building be turned three feet – then it wouldn’t need a variance. Planning Director Peterson related he believes the reason is the designer is trying to create an entrance into the park.

Member Goldberg related he believes it has to do with a right angle relationship for design purposes.

Planning Director Peterson related the garage was on the right-of-way. This new plan is certainly better than before when there were seven buildings within the setback.

Member Goldberg asked if the setback in the village is fifteen feet? Planning Director Peterson responded this property is zoned R-2 and that is not proposed to change. But even with it zoned R-2 it is consistent with the neighborhood setbacks.

Member Koessel asked exactly where the maintenance building is and if it could be moved back. Planning Director Peterson pointed out the gravel parking area and related the property drops off to the east. We have to get equipment in there for the maintenance and use of the park itself.

Member Koessel related it looks like the existing garage was closer to Thornapple River Drive than this maintenance building would be. Planning Director Peterson related yes, it was probably closer than what is being proposed.

Member Lewis related this is the R-2 zoning district. Someone later may come along and say you gave a variance in the R-2 district. That person may say I want to move my house up closer. We may want to consider a rezoning to limit that. Planning Director Peterson responded we still have valid reasons for granting a variance. He asked would somebody else in the R-2 district have to deal with a concrete dam, park use, and topography as we do here?

Member Goldberg related look at the topography combined with the structure. There are no R-2 neighbors on either side of this parcel. There are R-2 neighbors across the street and they have similar setbacks as the park property. He asked where else in the Township would we find that? A park use is different from residential in that it is a public use and we want to maximize the use that suits the purposes of this park.

Member Lewis related that is fine but all I am saying is my purpose as a Zoning Board member is to look at a project and determine the minimum amount of variance to be given. There are places where the building could be placed where it wouldn’t need a variance.

Planning Director Peterson related look at it in totality of the entire project. He finds it hard to believe that someone else would be in the same circumstance in the R-2 zoning district.

Member Goldberg related the Zoning Board is called upon to interpret the ordinance as a benefit to the public. The Ordinance is there to protect the public. He believes the protection of the public is to make it the best park we can possibly make.

Member Lewis supported by Member Erickson moved to open the public hearing. The motion carried and the public hearing was opened.

There being no one to speak on the matter, Member Erickson supported by Member Lewis moved to close the public hearing. The motion carried and the public hearing was closed.

Member Lewis related it is pleasing to have a healthy discussion and explore different options on anything that comes before this Board.

The Annual Report was received and filed.

Planning Director Peterson related Chairman Wilson wanted to know if there were on-site workshops available or anything locally. The Township pays for motels if it involves an overnight stay.

Member Koessel related at the last meeting we dealt with Sundaes at the Cottage. One of the things we asked about was the parking issue. He related on weekend mornings there are no parking spaces available. Planning Director Peterson related he did hear from a couple of tenants. The tenants were not happy with the parking situation. He told them to talk to their landlord about it. The project does meet the township requirements for parking.

Member Koessel related he understands the tenants were not given notice of the public hearing. It would be a good idea to notice them for courtesy.

Planning Director Peterson related he would not be opposed to sending notices to tenants as well as property owners for multi-tenant buildings.

Member Lewis supported by Member Goldberg moved to adjourn. The motion carried and the meeting was adjourned at 8:10 p.m.

Respectfully submitted,

James Koessel

JK:MJT

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