Zoning Board of Appeals Minutes

MINUTES

Cascade Charter Township Zoning Board of Appeals

Tuesday, April 11, 2006

7:00 p.m.

ARTICLE 1. Chairman Casey called the meeting to order at 7:00 p.m.
Members Present: Beahan, Casey, Crawley, Lewis, Vaughn, Alternate Neal
Members Absent: 2nd Alternate Richards (excused)
Others Present: Planning Director Peterson, Planner Deem, Admin. Assistant Hern and members from the public.

ARTICLE 2. Chairman Casey requested a motion for approval of the April 11, 2006 Agenda. Member Lewis motioned for approval of the April 11, 2006 Agenda, supported by Alternate Neal. All were in favor, none opposed. The motion carried.

ARTICLE 3. Chairman Casey requested a motion for approval of the February 14, 2006 Meeting Minutes. Member Beahan motioned for approval. Member Crawley supported the motion. All in favor, with none opposed, February 14, 2006 Minutes approved.

ARTICLE 4. Receive and File
The Zoning Board of Appeals received and filed the following:
1) Planning Commission Minutes from March 6, 2006
2) Planning Commission Minutes from March 20, 2006
3) Cascade Township Board Minutes from March 8, 2006

ARTICLE 5. Case #06-2799 Randall Carpenter, DVM
(PUBLIC HEARING)
The Applicant is requesting a variance to allow a change in use where a non-conforming issue exists. The change would result in the operation of a Vet clinic. Also, the Applicant is requesting to reduce the side-yard setback along the south property line.

Planner Deem noted the property is zoned B-1 since it is located within the Village District and is currently Legal-nonconforming. This property was developed prior to the Zoning Ordinance being amended in March of 2001. The following two (2) items are the reason for the nonconforming status: the minimum front yard setback for this property is twenty-five (25) feet with the maximum front yard setback for this property is forty (40) feet, the current front yard setback is approximately one hundred nine (109) feet. He also noted the B-1 Zoning requires parking in the front yard to be screened and this property does not have screening.

Planner Deem referred to the Findings of Fact noting in Section 22.03.a that there is no increase in the total amount of space devoted to a nonconforming use and the proposed use is an allowed use in the B-1 District. There would be no increase in the total amount of space devoted to a nonconforming use.

He also noted the Findings of Fact regarding Section 22.03.b and that there is no greater nonconformity with respect to dimensional restrictions such as setback requirements, height limitations or density requirements or other requirements such as parking. Planner Deem said the Applicants have proposed to add to the existing building and the addition would extend two (2) feet into the side yard setback. The change in use does not require the setback to be reduced.

Planner Deem further noted that the Zoning Board of Appeals (ZBA) may also consider tabling the next portion of the variance request until defined plans are submitted noting setbacks, elevations and other detailed information are submitted by the Applicant. He stated that Section 22.05.b notes all of the applicable requirements of this Ordinance that can reasonably be complied with will be complied with. Financial hardship caused by the cost of meeting such requirements does not constitute grounds for finding that compliance is not reasonably possible. In no case shall an Applicant be given permission pursuant to this Subsection to construct a building or add to an existing building if additional nonconformities would be created. He noted the proposed project would bring the site closer to compliance with the Zoning Ordinance. The building will be placed closer to the front yard and screening will be installed along 28th Street for the parking lot.

Staff recommends that the ZBA approve the change in use request due to it meeting the requirements set forth in the Findings of Fact. Staff further recommends that the ZBA deny the Applicant's request to reduce the side yard setback due to this being prohibited by Section 22.05: Change in Use of Property Where a Nonconforming Situation Exists. Planner Deem noted the ZBA could possibly table the Applicant's request to reduce the side yard until plans are reviewed.

Chairman Casey opened the meeting for Staff questions from the Board.

Member Lewis noted there are two (2) variance requests before the Board this evening and asked if Findings of Fact should be done separately for each variance. Planner Deem noted separate Findings of Fact are not necessary for this project and said the Board can vote on each variance separately.

They being no other questions of Staff; Chairman Casey invited the Applicant to present before the ZBA.

Applicant Dr. Randall Carpenter said he has been practicing veterinary medicine for the past forty-two (42) years and currently has a practice in Greenville that has been there for 10-years. He has a daughter who has also graduated with her D.V.M. and they wish to pursue a business together along with one other veterinarian, Sarah Killian, D.V.M., who is also in attendance tonight. Sarah's specializes in ultrasound and would also oversee the staffing of the facility. He would like to establish a three (3)-veterinarian practice and do it first-class. The current owner of the building is also present at tonight's meeting.

Applicant Carpenter said the current building would be gutted, leaving the roof and metal skeleton, and the practice would be self-contained for the animals.

Sarah Killian, D.V.M. introduced herself and said she is available for any questions from the Board regarding staffing of the facility.

Bill Granzow from Concept Design Group distributed plans to the Board members and noted they would like to build a practice to match the feel of the Village District and noted the back of the building will have enclosed animal runs and noted the floor plan flows well.

He also said the building will have new masonry brick and noted the two-foot encroachment shown on the plans meetings the B-1 Zoning requirements of the Township. The addition of the building will also help hide the metal building that is behind the facility.

Member Lewis noted that the first page of the plans shows a two (2)-foot bump-out and the rest of the drawings don't show the bump-out. Granzow clarified the plans for the Zoning Board within the floor plan drawing and the bump-out will run back to the hardware store.

Planning Director Peterson noted the existing survey shows two (2) feet but does not indicate if the measurement was taken to the columns or the closest wall. There is an overhang on the building but measurements are not done to the overhang and Staff is not sure what the measurements of the past survey are to: the columns or closest wall; could possibly be to the columns.

Granzow said the Applicant would like to bump-out two (2) feet past the columns and keep the facade off the metal part of the building.

Member Beahan asked if the building has a basement and it does not.

Chairman Casey questioned if the building had been remodeled since the Zoning Ordinance amendment in 2001 and Applicant Carpenter said no, only have improved paint, carpeting and the roof.

Planning Director Peterson noted to the ZBA that they do have the option to possibly table the portion of the variance regarding the setback until plans are further refined.

Chairman Casey requested a motion to open Public Hearing.

Member Lewis motioned to open the Public Hearing, supported by Member Vaughn. All in favor with none opposed; Public Hearing opened.

Sandy Kingsland, Owner of the hardware store next door to the building, expressed his concern over the water run-off from the sloping roof and asked if the Applicant plans to divert the water run-off? He also said the current set up of the building would block the view of his store from passing motorists if the variance were granted and believes his building is one (1) foot off the setback.

Diana Kingsland, Owner of the hardware store next door to the building, also expressed her concern of the addition out in the front of the building and blocking the view of their business along with the screened fencing around the front parking. She also welcomed the remodeling of the building and welcomed them as neighbors of her business.

Planning Director Peterson clarified that the addition to the front of the building is not the cause for concern regarding the variance. He said the Applicant could actually expand another sixty (60) feet towards 28th Street; the setback variance is for the east property line of the site.

Building Owner, Dr. Mark Campbell, said he has owned the building for the past twenty (20) years and the Kingslands have been great neighbors. He acknowledged that the building is old and tired and needs a new direction for the building. The veterinary clinic would provide a community service and cannot think of a better business to bring into the community. He acknowledged the Kingsland's concerns regarding the visibility of their business and moving his building forward. He is willing to work on a compromise with them and encouraged a win-win for those involved.

Chairman Casey asked Staff if any letters or phone calls have been received concerning this project and Planner Deem said no.

Member Lewis, with support from Member Beahan, motioned to close the Public Hearing. All in favor with none opposed; the Public Hearing was closed.

Member Lewis noted there are two (2) variances the Board should decide upon and the first is the variance to allow a change in the use where a non-conforming issue exists. He said he supports the change in use since the business will add a professional service to the District and the Ordinance Section 22.05 speaks in its definition.

Member Lewis motioned to approve the change in use request due to it meeting the requirements set forth and establish a veterinary clinic. Member Beahan supported the motion.

Member Beahan also asked if animal boarding would be available on the site? Sarah Killian confirmed there would be boarding available for clients. They have not decided upon a name of the business yet but will utilize the word "Hospital" within the business name. She explained that the facility would not provide clinic-type services but a full spectrum of veterinary services from young animals to geriatrics.

All in favor of the change in use request to establish a Veterinary Hospital with none opposed. Variance granted.

Member Lewis said the second variance request regarding the side yard setback is just about impossible to approve without details of the site plan. He questioned if the wall down the east side would bring the building closer to compliance and said the Ordinance notes sidewalls can be taken care of with maintenance versus bump-outs. He also acknowledged Mr. Kingsland's good point regarding the water run-off and there are some questions that need to be answered prior to approval of a variance. Member Lewis requested detailed site plans of the building.

Member Beahan agreed with Member Lewis' comments and suggested tabling the request until better elevations and drainage plans have been submitted.

Chairman Casey believes this request should go before the Planning Commission for site plan and drainage approval. Member Lewis noted that if the request were to go before the Planning Commission it would demand additional costs of the Applicant since he would have to contract the developer for the detailed drawings but they are necessary.

Member Lewis motioned to table the side yard variance request until detailed designs are available for Board review; Member Beahan supported the motion. All in favor with none opposed. Request for a side yard variance tabled until detailed designs are submitted and reviewed by the Board.

Chairman Casey asked Staff to continue working with the Applicant regarding the development of the detailed site plans; Staff will do so.

ARTICLE 6. Any Other Business
Member Lewis asked that the Pledge of Allegiance be added back onto the Zoning Board of Appeals Agenda.

Chairman Casey asked for clarity regarding the compensation issue of Board positions and serving on a Planning Commission or Zoning Board. Member Beahan explained the issue did come up at a Township Board Meeting regarding Board Trustees receiving additional compensation if they also serve on either the Zoning Board of Appeals or the Planning Commission.

ARTICLE 7. Member Lewis supported by Member Beahan moved to adjourn. The motion carried and the meeting was adjourned at 7:51 p.m.

Respectfully submitted,
Jack Lewis, Secretary
Lisa Hern, Recording Secretary

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