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Zoning Board of Appeals Minutes

Cascade Charter Township Zoning Board of Appeals

Tuesday, March 11, 2003

7:00 pm

ARTICLE 1. Chairman Beahan called the meeting to order.

Members Present: Beahan, Casey, Estes, Robinson, Wilson.

Members Absent: Timmons (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 Nuerenberg. The motion carried.

ARTICLE 3. The Minutes of the February 11, 2003 meeting were approved on motion by Member Wilson and supported by Member Casey. The motion carried.

ARTICLE 4. The Planning Commission Minutes of February 3 and February 18, 2003 were received and filed.

(From the Table of November 12, 2002)

The applicant requested a variance for the location of the driveway. The property is located at 1201 Spaulding Avenue.

Member Wilson related she is legal counsel for Commerce Realty and will step aside from this agenda item. Member Lewis supported by Member Casey moved to accept Member Wilson’s conflict of interest. The motion carried and Member Wilson took a seat in the audience.

Member Lewis supported by Member Estes moved to remove Case #02-2499 from the Table of November 12, 2002. The motion carried.

Planning Director Peterson related we last discussed the project at the November 12 meeting and held a public hearing at that time. The applicant requested two variances: 1) to utilize the property under the Transitional Use section of the Zoning Ordinance, and 2) to have a driveway outside of the 100 foot limitation. At the November 12, 2002 meeting the variance was approved allowing the applicant to utilize the Transitional Use and tabled the request for the driveway location until the applicant had a defined use. Since that time, the applicant has been to the Planning Commission and received site plan approval for a credit union. One condition of approval was that the driveway to the south be shared with the adjoining property owner, the church. With that change in their site plan, the applicant is bringing the request back to get a variance for the driveway location. Planning Director Peterson related a shared driveway is a better design for the location of the drive. The applicant has not received a permit from the Road Commission as yet. The Road Commission is in support of the concept. Planning Director Peterson recommended approval of the variance with the condition that a driveway permit is obtained from the Kent County Road Commission.

Member Lewis asked how far away from the corner is the driveway now verses where it was? Planning Director Peterson responded it would be 40 feet farther to the south than originally planned. The Road Commission wanted it moved as far south as possible.

Member Lewis asked if there is screening on Cascade Road. Planning Director Peterson related there is extensive landscaping on the site. There is also the Ada Township sewer pump station on the corner of Cascade Road and Spaulding Avenue.

Member Lewis related he is asking if there is a mound. Planning Director Peterson responded there is a little change in elevation but they will not be creating anything more than what is there. There won’t be a berm.

Chairman Beahan asked if the pedestrian pathway along Cascade Road would be changed. Planning Director Peterson responded no, and there will be no ingress or egress from this site to Cascade Road.

Chairman Beahan related the Minutes of the Planning Commission stated a neighbor to the south of the church, Mr. Bond, worked with the church regarding his concerns on lighting, etc. Chairman Beahan asked if Mr. Bond had an issue with the bank and church sharing a driveway. Planning Director Peterson related Mr. Bond did not have a problem with that.

Jean Wodarek of Driesenga & Associates represented the applicant. Ms. Wodarek related the distance from the south property line to the edge of their paved parking area will be 107 feet. The drive has been geometrically redesigned. They are working in cooperation with the Jehovah Witness church on the shared driveway. The church plans will be modified to address the shared driveway.

Member Lewis questioned the drainage on the site. Ms. Wodarek related they are re-routing the existing drainage ditch.

Ms. Wodarek then presented the proposed landscape plan.

Member Lewis related he would like to compliment the applicant on asking our opinion and making the changes.

Member Lewis supported by Member Casey moved to grant the variance for the driveway location for the property located at 1201 Spaulding Avenue with the condition the applicant receive approval from the Kent County Road Commission for the shared driveway with the church. Member Lewis related his motion is based on recognizing this is a unique request and situation and provides better safety for a busy area.

The motion carried.

(PUBLIC HEARING)

The applicant requested a variance for the property at 5011 – 28^th Street to change the use where a non-conforming situation exists on a vacated use.

Planning Director Peterson related we have not had too many of these types of requests. The piece of property is north of 28^th Street on Northern Industrial Drive and is the second parcel to the north located behind Car Quest. Planning Director Peterson related we do these reviews for non-conforming situations. The property is non-conforming due to lot size, lot width, setbacks and bufferyards. The parcel is one-half acre in size where we currently require a three acre parcel. The building is 6,000 s.f.

(Member Robinson entered the meeting at 7:16 pm).

Planning Director Peterson related there are 31 parking spaces on the site. Our parking requirements would require this 6,000 s.f. office building to have at least 18 parking spaces. The applicant has indicated they will have ten employees and would expect to need no more than a total of 20 parking spaces. The parking spaces fall well within our requirement. The new use for the building would be a temporary employment agency office. The Zoning Board of Appeals has the ability to grant a variance without having to correct any non-conforming situations. Planning Director Peterson recommended approval of the request without making any corrections.

Chairman Beahan asked how long has the building been vacant. Planning Director Peterson responded close to two years.

The applicants, Mike and Monique Kasmauskis, were present. Mr. Kasmauskis related approval is needed to hand over the building to a new buyer. They have owned the building for over 10 years.

Member Lewis asked if the building is too large for the lot and if the side yards are okay. Planning Director Peterson related the building setbacks for the side yards are okay. The front setback is non-conforming. We require 100 feet, the existing setback is 40 feet. This part of the Township was one of the first areas developed and a lot of the parcels are non-conforming.

Chairman Beahan asked would this be the time to get some landscaping on the site. Planning Director Peterson responded they would not be able to do that without tearing up asphalt. In this case he does not see the new use making it any worse than it has been in the past.

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

Planning Director Peterson related he received no comments or letters regarding the request.

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

Member Wilson related it does appear as though we have met the standards to grant a variance.

Member Wilson supported by Member Lewis moved to grant the variance for a change of use where a non-conforming situation exists on a vacated parcel at 5011 – 28^th Street.

Member Lewis related this is a non-conforming situation but a situation that would be unrealistic to ask for changes. It appears the use will not cause any more hardship on the township than the previous use.

Member Wilson noted we are meeting the intent of the review.

The motion carried.

The applicant requested a variance of Section 7.02 of the Sign Ordinance. This variance would permit the relocation of an existing, non-conforming on-premise sign. The property is located at 2894 Thornapple River Drive.

Planning Director Peterson related this request has been in the process for quite some time. With the development of Leslie E. Tassell Park (the park), the township would like to be able to have pedestrian access from Cascade Road to the Park. The township was in need of two easements to install the sidewalk. The easements have been obtained from Tuffy Muffler and the Goldberg/Perkins property. Where the sign sits now, the new sidewalk would go through the middle of the sign. This request is similar to the Kingsland sign which was moved last year for sidewalk installation. The township has requested a variance for the sign to be re-located out of the road right of way. After re-location, the sign would be more in compliance than it is today.

Chairman Beahan asked who assumes the cost of this? Planning Director Peterson responded the township. We will be doing this sidewalk this year along with a sidewalk from D & W to the new commercial/residential center project to the west on 28^th Street.

Planning Director Peterson related no comments were received regarding the request.

Member Lewis related there will be a benefit derived with the sidewalk connection. The sign may not meet all of the Zoning Ordinance requirements for setbacks but it is a step in the right direction.

Chairman Beahan mentioned the workshops and training available. Member Lewis encouraged the new members to attend.

Respectfully submitted,

Claude Robinson, Secretary

CR:MJT

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