OSHTEMO CHARTER TOWNSHIP

ZONING BOARD OF APPEALS MINUTES

February 23, 1998

 

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Agenda

ST. GERMAIN FOUNDATION - VARIANCE REQUEST - 6404 QUAIL RUN DRIVE

 

CHIME STREET PLAZA - VARIANCE FROM SECTIONS 82.900/84.200 APPLYING TO OCCUPANCY; TIME EXTENSION FOR COMPLETION OF SITE - 6547 STADIUM DR.

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A meeting was conducted by the Oshtemo Charter Township Zoning Board of Appeals on Monday, February 23, 1998, commencing at approximately 3:00 p.m. at the Oshtemo Charter Township Hall, pursuant to notice.

MEMBERS PRESENT:

Brian Dylhoff, Chairperson
William Saunders
Lara Meeuwse
Thomas Brodasky

MEMBER ABSENT: David Bushouse

Also present were Mike West on behalf of the Planning and Zoning Department, Patricia R. Mason, Township Attorney, and four (4) other interested persons.

CALL TO ORDER

The Chairperson called the meeting to order at 3:02 p.m.

MINUTES

The Board considered the minutes of the meeting of February 2, 1998.

Ms. Meeuwse moved to approve the minutes as submitted, and Mr. Brodasky seconded the motion. The motion carried unanimously.

ST. GERMAIN FOUNDATION - VARIANCE REQUEST - 6404 QUAIL RUN DRIVE

The next item was the application of Larry Babcock, representing St. Germain Foundation, for variance approval from Sections 82.900/84.200 of the Zoning Ordinance as they apply to the occupancy of the subject facility. The time extension for the completion of the site in compliance with the September 23, 1996, site plan approval is requested. The subject site is located on the north side of Quail Run Drive, approximately 450' east of South 9th Street, and is within the "R-3" Residence District Zoning classification.

The report of the Planning and Zoning Department is incorporated herein by reference.

The applicant was seeking to occupy the subject site prior to the completion of the following site work: (1) Parking lot striping/barrier-free pavement logo, and (2) final grade/seeding. The applicant suggested that the site work in question would be completed by June 10, 1998. The applicant was present, stating that the variance was needed in that the items could not be completed due to weather and the resulting moisture. The applicant had already signed a contract with Al's Asphalt Paving, Inc., and had deposited 50% of the cost of the project. Approximately $3,200 remains due.

No public comment was offered on the item, and the public hearing was closed.

Mr. Brodasky moved to grant variance from Sections 82.900 and 84.200 so as to allow occupancy of the proposed site prior to completion of the listed items with the requirement that the site be completed in strict compliance with the approved site plan by June 10, 1998. The variance was contingent upon Fire Department approval. No performance bond would be required due to the fact that the applicant had provided a contract to the Township which indicated that he had deposited 50% of the cost of the remaining site work. The reasons identified for the temporary variance were the weather conditions and the past decisions of the Board.

Mr. Saunders seconded the motion, and the motion carried unanimously.

CHIME STREET PLAZA - VARIANCE FROM SECTIONS 82.900/84.200 APPLYING TO OCCUPANCY; TIME EXTENSION FOR COMPLETION OF SITE - 6547 STADIUM DR.

The next item was the application of Arthur Scheffers and Clancy Jones, representing Chime Street Plaza, for variance approval from Sections 82.900/84.200 of the Zoning Ordinance as they apply to the occupancy of the subject facility. Time extension for the completion of the site in compliance with the February 2, 1998, site plan approval is requested.

The report of the Planning and Zoning Department is incorporated herein by reference. It was noted that the applicant was requesting variance approval to allow occupancy of the Chime Street Plaza as approved prior to completion of the following site work: (1) parking lot resurfacing/restriping, (2) dumpster enclosure construction/relocation, and (3) enhanced landscaping. Mr. West indicated that the applicant had submitted a revised site plan, which was a condition of the site plan approval, which staff had reviewed and approved. There was discussion of the time deadline for completion of the "enhanced landscaping." It was suggested that this could be completed by May 1, 1998. April 1, 1998, was suggested as a deadline for the dumpster relocation. Resurfacing and restriping could be completed, according to the applicant, by June 1, 1998.

No public comment was offered, and the public hearing was closed.

The Board inquired as to a cost estimate with regard to the completion of these items. Mr. Jones was present and stated he believed that the cost would be approximately $1,000. Mr. Brodasky stated that, in view of the low cost of completion, he did not feel that a performance bond was necessary. Ms. Meeuwse stated that she was concerned about setting an undesirable precedent, and the Chairperson agreed.

After further discussion, Mr. Saunders moved to grant temporary variance from Sections 82.900 and 84.200 so as to allow occupancy of the proposed site prior to the completion of the listed items. It was required that the enhanced landscaping pursuant to site plan approval be completed by May 1, 1998. The dumpster enclosure construction/ relocation was required to be completed by April 1, 1998. Further, the parking lot resurfacing and restriping was required to be completed in strict compliance with the approved site plan by June 1, 1998. The variance was contingent upon Fire Department approval. Approval was also contingent upon the applicant providing a $500 cashier's check, cash or letter of credit to the Township, which would be returned upon timely completion of the site items noted above. It was stated that one-half of the amount of completion was required due to the low cost of completing the remaining site items. The reasons identified for the temporary variance were the weather conditions and past decisions of the Board.

Mr. Brodasky seconded the motion, and the motion carried unanimously.

ADJOURNMENT

There being no further business to come before the Board, the meeting was adjourned at 3:35 p.m.

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