Zoning Board of Appeals Minutes

MINUTES
Cascade Charter Township Zoning Board of Appeals
Wednesday, April 18, 2007
7:00 p.m.

ARTICLE 1. Chairman Vaughn called the meeting to order at 7:02 p.m.
Members Present: Beahan, Casey, Lewis, Alternate Neal, Vaughn
Members Absent: Crawley (excused), 2nd Alternate Richards (excused)
Others Present: Planning Director Peterson and members from the public.

ARTICLE 2. Pledge of Allegiance

ARTICLE 3. Chairman Vaughn requested a motion for approval of the April 18, 2007 Agenda.

Member Beahan motioned for the approval of the April 18th ZBA Agenda with support from Member Lewis. All were in favor, none opposed. The motion carried, April 18, 2007 Agenda approved.

Chairman Vaughn noted there are no minutes to approve; as this is a special Zoning Board of Appeals Meeting.

ARTICLE 4. Case #07-2870: Cascade Township - Utility pole height
Property Address: 2865 Thornhills SE
(PUBLIC HEARING)

Chairman Vaughn noted the Applicant is requesting a variance to allow taller utility poles than permitted by Ordinance.

Planning Director Peterson said the Applicant is Cascade Township as they would like to install these poles for the weather sirens.

The Township does have one (1) pole already at the Township Fire Station and will be installing five (5) new weather sirens. These weather sirens are on utility poles that are approximately forty-two (42) feet tall and with the siren attached on top of the pole, their height is approximately forty-six (46) feet tall in total.

Included in the Boards' packets are the locations of the sirens and they are located in the R-1 Zoning District or in ARC Zoning, which have a height limitation of thirty-five (35) feet. Though debatable after speaking with the Township's attorney, the Township does not have a good exemption for utility poles, though he could refer to other taller utility poles within the Township that have not had to come before the Zoning Board of Appeals (ZBA), they wanted to go through the proper process of requesting the variance.

The Township Board has met regarding this request and has decided on the specific locations for the weather sirens. The only thing that is needed now is the approval for the additional height.

Staff has provided in the Boards' packets the Findings of Facts and essentially of all the various factors, this project does seem to be very unique because it is for the public's benefit and is a safety provision.

Staff noted in their report that they are considering amending the Township's Ordinance to adjust this exemption for utility poles so they would not have to go the variance request process for taller utility poles.

Staff is recommending the approval of the variance for the additional height of these utility poles so the weather sirens can be installed.

Member Lewis asked if the Zoning Board is approving all utility poles or only utility poles that sirens are installed on? Planning Director Peterson said the ZBA is approving the five (5) utility poles for the sirens shown tonight.

Chairman Vaughn noted that the Township is considering a shift in the height of all utility poles and Planning Director Peterson said that is correct. Member Beahan asked if Staff is recommending that the Ordinance be amended at a later date and Planning Director Peterson said that is correct. Chairman Vaughn asked how long the process would take to amend the current ordinance and Planning Director Peterson said it would take a minimum of two (2) months as it will need to go before the Planning Commission and ultimately before the Township Board and will involve a couple of Public Hearings. Chairman Vaughn asked if the ZBA does not approve the variances, that would delay the process a couple of months and Planning Director Peterson said that is correct.

Chairman Vaughn asked how the other taller utility poles were installed without coming before the ZBA requesting a variance? Planning Director Peterson said no one has ever questioned the height of a utility pole before and it had not been an issue.

Some of the neighbors of the proposed sites have expressed some concerns regarding proper installation and are going through the ZBA process requesting a variance to ensure the weather sirens are installed properly.

Member Lewis asked if the Township has a definition of a utility pole and Planning Director Peterson said no we do not.

Chairman Vaughn asked if there were any other questions of Staff there were no further questions.

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

Chairman Vaughn asked Staff if they received any public comments, phone calls or letters regarding the project. Planning Director Peterson said the Township has for the variance request.

Member Beahan said he did receive one (1) email discussing the location of the poles but not in regards to their height.

Member Lewis asked how many of the five (5) new ones that will be installed are located in the R-1 Zoning and Planning Director Peterson said four (4).

Chairman Vaughn invited any public members to speak regarding their comments of the project.

David Post, 8050 45th Street, and apologized for not being able to make the Township Board Meeting and is curious to know if the FAA has been notified of the taller utility poles and is also curious to know how the sirens will be funded and if utilizing State grant funding. Mr. Post questioned if the sirens would be tested once per month and if they are to sound for both tornado watches and warnings?

Member Beahan said that he knows the FAA has been notified of the taller poles and have met their approval. The sirens will be tested seven (7) times per year, April through September, at Noon on the first Friday of every month, for those months, for three (3) minutes. This is a total of twenty-one (21) minutes out of every year for testing and they will sound when a tornado warning has been issued and people are to take cover. The Township will receive notification from the National Weather Service that a tornado has been sited in the area and the sirens will then be turned on.

Member Beahan said that the funding aspect of the project is currently coming from the Township's budget as the Township believes it is imperative to have the weather sirens installed immediately instead of going through the process of seeking a grant. The Township is currently seeking a grant for the other sirens and public warning systems but for these five (5) sirens, the Township feels this is the best way to have them installed quickly. Grant applications can often take one (1) to three (3) years for approval and approval is not guaranteed. The Township Board supports having at least these five (5) weather sirens for the community and felt that the funds should come from the Township's budget.

Chairman Vaughn believes that another one of Mr. Post's comments questioned if there is really a need for the weather sirens. Member Beahan noted that though there has never been a tornado in Cascade Township and other communities have not experienced a tornado or high winds since the 1950's and 1960's, weather is unpredictable. Mr. Post noted that with technology expanding with Internet and cell phones, there are a lot of poles in the community. Member Beahan noted that if the public were to hear the sirens, chances are they will go to their T.V. or radio for detailed weather information and if there are not any sirens, people will not know to seek further weather information.

Planning Director Peterson noted that the Township Board has been investigating these sirens for several years now and have reviewed other technologies available but believe this is the right choice.

Member Neal motioned to close the Public Hearing, supported by Member Casey. All in favor to close the Public Hearing, with none opposed. Public Hearing closed.

Chairman Vaughn opened the meeting for Board Members' discussion.

Member Lewis noted that the Township Board and Zoning Board along with Staff have looked into this project in great depth and detail and may cause some inconvenience in a neighborhood due to a large pole being put in and the sound that may interrupt sleep and recognizes these issues. He also believes that the good the weather sirens will provide to the community supersedes the hardships on a few individuals.

Member Lewis motioned that the Applicant's request for that the request be granted to allow five (5) taller utility poles to be permitted by Ordinance within the Township as presented by Staff and these poles are to be used for emergency sirens only Member Casey supported the motion.

Chairman Vaughn opened the meeting for discussion and Member Casey noted that last tornado season, there was a situation in Caledonia and their residents were very upset because they did not have activated weather sirens. It was remarkable that the tornado was in the country and a golf cart place was damaged but if it had been in residential area, it could have been disastrous.

Member Beahan asked Member Lewis if his motion is also in support that the Planning Commission begin work on amending the Zoning Ordinance and Member Lewis noted that the Applicant is requesting approval for five (5) poles and believes that after this case, the Board could make a general recommendation to do so.

Being no further discussion from the Zoning Board, all were in favor with none opposed. Motion carried and the variance was approved.

Member Beahan then made a motion that the ZBA formally make a recommendation to the Planning Commission to begin work on amending the Zoning Ordinance for providing reasonable exemptions for utility pole heights, supported by Member Casey.

Chairman Vaughn noted there has been a motion made and seconded and called to question with all in favor of the motion and none opposed. Motion carried.

Member Lewis noted that one of the things the ordinance calls for is granting the minimum amount of variance and if the variance occurs frequently, consideration is given to amending the variance and believes this is the case for this and is why he made the motion and Member Beahan seconded that this variance request will come before the ZBA again in the future; amending the ordinance will assist the ZBA.

ARTICLE 5. Any Other Business
Chairman Vaughn opened the meeting for other Zoning Board business.

Member Lewis recalled a case at the last ZBA Meeting with Mr. Gantos and his project next to the Township Office. If the Board recalls at that meeting, one of the particular issues of the project involved the cleaning up of the debris from the site and the Township was receiving irate comments from the citizens. At the time, Mr. Gantos agreed to clean up the mess prior to his case coming before the Planning Commission the following Monday. Mr. Gantos did clean the site up between 6:15 p.m. and 7:00 p.m. just prior to the Planning Commission Meeting. Mr. Gantos did keep his word he would clean up the mess and it remains clean. The site plan review was held and as a representative of the Planning Commission and Zoning Board of Appeals, he was told that the building was only different regarding its smaller size and material. The Planner also noted that the smaller building did not have any impact on granting the variance because the variances were based upon side yards and driveways. During the Planning Commission Meeting, the Board was viewing a very small site plan on their computers and a board member questioned if there was a drive thru window on the building and were told at that time the drive thru window was added. Member Lewis noted that the Zoning Board did not notice the drive thru window noting that the project is in B-2 Zoning and allows for drive thru windows but not for fast food. At the Planning Commission level, this is allowed and noted that there are ten (10) parking spaces per 1,000-square feet and Staff noted the appropriate parking spaces for a drive thru service window (i.e. pharmacy, bank, etc.). If a fast food drive thru were to go in, they would need fifteen (15) parking spaces per 1,000-square feet. Member Lewis wishes the ZBA had noticed the drive thru window because the number of parking spaces has an impact on the variance the ZBA granted. He wished the drive thru were mentioned at the ZBA Meeting so the Board could have reviewed the site plan's traffic flow and parking. Member Lewis said he wanted to inform the ZBA of what has transpired at the Planning Commission and that he did vote against it and feels all information that could impact a variance should be presented to the Board and if not by the Planner than also by the Zoning Board and apologized for not noticing it. Member Lewis summarized that the Planning Commission did grant approval with approximately seven (7) conditions that Mr. Gantos needs to meet. Member Casey noted that Mr. Gantos' site plan that was presented to the ZBA does not show the drive thru window and Planning Director Peterson said it is not on the plan Mr. Gantos submitted to the ZBA. Planning Director Peterson said that the drive thru did not impact the variances being requested and the Findings of Fact supported the variances. Chairman Vaughn said the project was presented that the only changes to the building since last reviewed two (2) years ago was that the building is smaller and should have been brought to the Board's attention even if it is non-contributory to the issue. Planning Director Peterson agreed the Board should have been informed but the standards used to decide the variance should be the standards used to decide the variance and not anything else.

Member Beahan asked if Mr. Gantos would have to request a Special Use Permit and Planning Director Peterson said he would for a fast food drive thru. He also noted that the parking could be an issue if a fast food service were to go in and developers often hedge-their-bets on the building's uses and this one is designed for 8,000-square feet possible for a restaurant and it is possible for a restaurant to only utilize 2,000-square feet.

Member Beahan also noted that Sheldon Cleaners has told him that they will not be closing their current location and Member Lewis noted that the ZBA was told that they would close that location. Member Beahan said the employees are saying that the current location would remain as a drive thru. Member Lewis suggested the ZBA might need to make these items conditions for approval in the future.

ARTICLE 7. Member Beahan supported by Member Lewis moved to adjourn. The motion carried and the meeting was adjourned at 7:37 p.m.

Respectfully submitted,

Gary Crawley, Secretary

Lisa Hern, Recording Secretary

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