Zoning Board of
Appeals Minutes
MINUTES
Cascade Charter Township Zoning Board of Appeals
Tuesday, May 11, 2004
7:00 pm
ARTICLE 1. Chairman Beahan called the meeting to order.
Members Present: Beahan, Casey, Crawley, Lewis, Timmons
Members Absent: Estes (excused)
Others Present: Planning Director Peterson, Admin. Assistant Thompson
and those listed on Supplement #1 (an audience of approximately 30
people).
ARTICLE 2. The agenda was approved on motion by Member Lewis and
supported by Member Casey. The motion carried.
ARTICLE 3. The Minutes of the April 13, 2004 meeting were corrected
on Page 4, last paragraph, the word "wondered" was removed.
With that correction, the Minutes were approved on motion by Member
Lewis and supported by Member Casey. The motion carried.
ARTICLE 4. The Planning Commission Minutes of April 5 and April 19,
2004 were received and filed.
ARTICLE 5. Case #04-2632: Cascade Thornapple River Association
(PUBLIC HEARING)
The applicant requested a variance to allow for the construction of a
boat launch to be used for members of the Association at 7430 Cascade
Road, (west side of Cascade Road just north of 36th Street).
Planning Director Peterson presented the site location map. He
related the request is for a variance from the Keyhole Regulations of
the Zoning Ordinance which were developed in 1995 to limit access to
water bodies in the township to those folks who are on the river or a
water body or who had legal rights to that body of water before the
regulations went into effect. The keyhole regulations were drafted due
to a request from the river Association asking for it because of the
potential problems with people using the river. This River
Associations covers the backwater area of Cascade Dam from Cascade
Road to 68th Street in Caledonia Township. There have been several
residents who have frontage on the river who have difficulty in
getting their boats in due to high banks or topography. Some people
had agreements with neighbors to launch their boats from neighbors
property and over the years these agreements have fallen apart. The
last couple of years the association has attempted to find a place to
get access for the Association members. This would not be a public
launch. It would be similar to one in Ada Township at the Ada Dam. The
situation reached Township Board level a couple of years ago. A
resident on Thorncrest sought a launch on his property. Some of that
property along the river is owned by the Township. When that issue
came up, the request was denied to put a launch across the township
property. The association was given direction to work to find
something that could be used by all of the members. During that time
they have located a couple of different sites to look at. One was by
Tassell Park which was not acceptable to Staff because there was not
sufficient room on the site to maneuver. Township Staff and the Road
Commission agreed it was not acceptable. The Association has tried
several sites which are listed in the packet. This site plan shows a
small turn around area through an easement along Cascade Road and a
driveway down to the river. The proposed rules to regulate the use of
this site are in draft form. The regulations are not approved by the
river Association board yet. No parking would be allowed at the site.
It would be used just to launch boats and leave. The Association will
be limiting the hours of operation and certain days. The Association
is not providing this as an open launch but will be heavily regulated
by the association. Members will be present to open the site up. There
is a small chain across the drive way now.
Planning Director Peterson stated the agreement should be worded in
a way to keep the site from being used as an open launch. It is also
important to make sure there is enough room to get off Cascade Road
while unlocking the gate. The applicants have presented an agreement
by the association and property owner indicating this agreement is for
a five year period. The applicant needs to explain how that agreement
is going to be extended. Planning Director Peterson related if the
Zoning Board moves to approve this variance a condition should be
added that the approval be consistent with the variance granted by the
Township and that the Township review any changes to the association
rules related to this common launch prior to the association taking a
vote on them. Planning Director Peterson related we have not had a
variance request from this section of the Zoning Ordinance before.
There is no precedent to draw upon for this site. The circumstances
for the request revolve around topography. Planning Director Peterson
views the variance as self regulating and limiting. He has received
one email in favor and one email opposed to the request. He
understands 70% of the association voted in support of the request.
Planning Director Peterson recommended approval of the variance with
conditions.
Member Timmons asked Staff in your professional opinion does it
make a difference if we address it by variance or amendment to the
ordinance. Planning Director Peterson responded it does not warrant
amending the ordinance. He feels the request is unique enough that a
variance is appropriate.
Member Crawley asked with the driveway and its proximity to 36th
Street is there sufficient room for boats to pull in and out without
widening the driveway. Planning Director Peterson responded he doesn't
know if they have presented the plan to the Road Commission or not. We
can make sure they do that. The driveway is in there already. We can
verify that with the Road Commission if the access is adequate or if
improvements are required.
Member Timmons asked did you also recommend a new curb cut and
acceleration and deceleration lane. Planning Director Peterson
responded no, that can be confirmed with the Road Commission.
Member Timmons related he would like Staff's independent judgment
about that too.
Scott Rissi, the applicant, represented the Association. He related
the Staff Report looks very thorough. He is present to answer
questions. The existing driveway is about 200 feet long with a turning
area at the bottom. The driveway at the road seems plenty wide to
access boat traffic in and out on Cascade Road. He will check with the
Road Commission. The site has been used by large equipment previously
when drilling under the river for the water crossing the first time.
The gate would be keyed and locked at all times. The locked gate would
be far enough off Cascade Road to park and access the gate. There will
be no parking on site and no day use. The Association has taken a
strong stand against public access and are not interested in that. It
is a private launch for those who are living on the Thornapple River.
Member Lewis asked if there is no parking there and you come to put
your boat in the water - what do you do with your car. Mr. Rissi
related you take two people with you - one to drive the boat and one
to drive the car.
Member Lewis asked how do you police that. Mr. Rissi responded the
association will hear about anyone being there that is not supposed to
be.
Member Casey related it appears you are operating on a driveway
that was given as a right on a quit-claim deed many years ago. He
asked if that has been perfected if it is still an active easement.
Mr. Rissi related the County Register of Deeds assures him it is still
an active easement.
Member Casey related technically it was used as a driveway in 1926.
He asked what rights are you giving the property owner. Mr. Rissi
responded the owner will be able to use it at his leisure as he always
has. He will continue to use it in the same manner that he used it
before.
Member Casey asked if the property owner comes under the
jurisdiction of the river association. Mr. Rissi responded yes.
Member Casey asked is he an association member. Mr. Rissi responded
yes.
Member Timmons asked if the applicant has any problems with the
conditions put on approval by Staff. Mr. Rissi responded no problem,
they are reasonable to him.
Member Lewis asked how will you turn the lights on and off. Mr.
Rissi related there used to be a house there. He is not clear if the
lights can be activated now. He will discuss that with the owner. They
do not intend for this site to be used at all after dark. The hours
will be strictly enforced.
Member Crawley asked will the drive be chained or fenced, what size
is the turn around area and what is the maximum size of the boats. Mr.
Rissi responded the boats will be 21 feet and under. The minimum turn
around area is 70 feet. There is enough room for a pontoon boat and
full size truck chassis to turn around. We talked about having a gate
similar to the one at Tassell Park. It would be something along those
lines.
Chairman Beahan asked for a construction time schedule. Mr. Rissi
related they are getting bids now and will schedule construction
during the fall draw down and finish during the April 2005 draw down.
Chairman Beahan questioned that it is a five year agreement. Mr.
Rissi responded yes and that is able to be extended. The property
owner may decide to build a home there. We can extend it on a year to
year basis.
Chairman Beahan asked how do you determine who gets to use the
ramp. Mr. Rissi related the association members will pay a fee and
will be granted access to the launch site. Members will be able to buy
a key to use on a year to year basis. If someone makes a big mistake
they will lose their key privileges.
Member Casey asked about insurance. Mr. Rissi responded the
Association will carry liability insurance.
Member Casey asked about maintenance for the site. Mr. Rissi
related the Association will be responsible for all maintenance,
including the driveway.
Member Lewis asked is there any restriction on the type of boats or
watercraft - such as wave runners - able to be launched there. Mr.
Rissi related the agreement does not put a restriction on type or
size. There hasn't been a lot of discussion about limiting that. Our
rules are in draft form and we can make changes but will talk to the
Township first.
Chairman Beahan asked will the site be used for day use or public
use or for the season. Mr. Rissi responded the majority of the people
launch their boats for the season. That is what we are trying to do
here. Day use will not be tolerated. It will be an in and out for the
season facility.
Member Lewis asked has there been any talk about a sign or
identification on Cascade Road. Mr. Rissi responded there is nothing
in the plans right now.
Chairman Beahan asked if someone from the association will be on
site during the hours of operation. Mr. Rissi responded no, it is a
self serve site.
Member Lewis supported by Member Casey moved to open the public
hearing. The motion carried and the public hearing was opened.
Planning Director Peterson related he received no comments except
for the two emails presented tonight.
Dan Quinlan of 3494 Goodwood related he has no means to launch his
boat now. It has been on the water 14 years. He asked that be
considered. He has no way to get it off the river. The boat could
become a eyesore. He related for that reason alone, approve it.
Member Lewis asked what do you do with your boat in the winter. Mr.
Quinland responded they leave it up on the shore station.
David Hansen of 4623 Little Harbor related he does have access to
the river for boat launching. He allows other neighbors to use his
property. The river really needs a launch. Most of the association
members put their boats in in the spring and bring them out in the
fall. It sounds like this proposition is right. We really need it. Mr.
Hansen related they don't need a public boat launch on the river. He
related with the new bridge on 48th Street there are many boats being
launched there.
Member Lewis asked if a launch for the association will stop the
people from launching at the 48th Street bridge. Mr. Hansen related if
we had a private launch it may discourage these people from doing
that. This will be a private launch for the people who don't have
access to the river.
Diana Meyer of 3434 Goodwood related she is in favor a boat launch.
They need a way to get the boat in and out. She wants to see the site
regulated.
Ken Carpenter of 6681 Burger related he has lived there 25 years
and has seen usage increase in the river over that time. He agrees
with all the reasons that have been stated for approval of a variance.
Control, regulation and the way the association will govern this
launch will be very professional.
Sandy Collins of 3468 Goodwood related every year it a problem
putting the boat in and taking it out. She usually finds a neighbor
who will let her use their property. It would be nicer to have a
place.
John Brockman of 7425 Kenrob related he is not sure if anybody is
opposed to this. He is in favor of it.
Member Timmons supported by Member Lewis moved to close the public
hearing. The motion carried and the public hearing was closed.
Member Timmons supported by Member Lewis moved to approve the
request subject to the conditions in the Staff Report: 1) the Cascade
Thornapple River Association add a rule #6 that would require the
Township Zoning Board of Appeals to review any proposed change to the
boat launch rules and regulations as presented at the May 11, 2004
Zoning Board of Appeals meeting; 2) provide fencing/gate to secure the
launch during non-use periods to ensure the site is used only when
allowed by the proposed association rules; 3) notify the Township of
any proposed changes or extensions to the lease agreement; 4) receive
a copy of the approved rules; 5) receive approval from the MDNR for
boat launch.
Member Lewis related he will support the motion, and asked should
we add anything about Road Commission approval. Member Timmons related
Staff and Mr. Rissi will work on it. He is satisfied.
Chairman Beahan asked is there a time frame on this variance.
Planning Director Peterson responded they have to act on it to
activitate the variance. It goes with the property.
Member Timmons related the value of that property is the building
site.
Member Casey asked would it be applicant's place to request a final
survey of the improvement and turn around? He is concerned about the
detail that they have the right to use it through the 7450 Cascade
Road property. This is only a gravel turn around and there are no
dimensions.
Member Timmons responded once the variance is approved it becomes a
private matter between the association and land owners.
Planning Director Peterson related they have submitted a scaled
drawing and we have accepted those before for permits. He believes it
is sufficient.
Member Crawley related somebody ought to approach the Road
Commission because it is so narrow at the driveway. He agreed it
should be added.
Member Timmons related if it is okay with Member Lewis it is okay
with me.
Member Lewis related it is okay.
Member Crawley moved to amend the motion to include the Road
Commission approval and study of the entrance.
Member Casey supported the amendment.
Member Lewis accepted the amendment.
The amendment carried.
Member Timmons added his strong support for this as he has lived
through this with the association and tried to work with the Township
Board over a couple of years to solve the problem. The applicant is
doing exactly what the Township Board asked them to do. People make
large investments in river property and can fully utilize it with this
launch.
Member Lewis related his concern is setting a precedent. After
reading the Staff Report, he believes there are extenuating
circumstances. He does not believe granting this variance will will
come back and haunt us in the future.
The motion carried.
ARTICLE 6. Any Other Business
None presented.
ARTICLE 7. Adjournment
Member Lewis supported by Member Casey moved to adjourn. The motion
carried and the meeting was adjourned at 7:45 pm.
Respectfully submitted,
Mel Casey, Secretary
MC:MJT
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