OSHTEMO CHARTER TOWNSHIP

ZONING BOARD OF APPEALS MINUTES

January 5, 1998

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Agenda

McDONALD'S - SITE PLAN REVIEW - PROPOSED FAST FOOD RESTAURANT/ VARIANCE FROM FRONT BUILDING SETBACK - 5394 WEST MAIN

 

ALVIN AND MARTHA ROBINSON - VARIANCE FROM 200' ROAD FRONTAGE - 1373 S. 4TH STREET

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A meeting was conducted by the Oshtemo Charter Township Zoning Board of Appeals on Monday, January 5, 1998, commencing at approximately 3:00 p.m. at the Oshtemo Charter Township Hall, pursuant to notice.

 

MEMBERS PRESENT:

Brian Dylhoff, Chairperson
David Bushouse
Lara Meeuwse
Thomas Brodasky
William Saunders

MEMBERS ABSENT: None

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 3:04 p.m.

ELECTION OF CHAIRPERSON

William Saunders moved to nominate Brian Dylhoff. This motion was seconded by Mr. Brodasky. Mr. Dylhoff was elected the 1998 Chairperson unanimously.

1998 MEETING SCHEDULE

Ms. Meeuwse moved to approve the 1998 meeting schedule as proposed. Mr. Brodasky seconded the motion, and the motion carried unanimously.

 

MINUTES

The Board first considered the minutes of the meeting of December 15, 1997. The changes suggested by Ms. Harvey were noted. Mr. Brodasky suggested a change to page 7 to indicate that Mr. Saunders made the motion reflected thereon. Mr. Brodasky moved to approve the minutes as amended. Ms. Meeuwse seconded the motion, and the motion carried unanimously.

The Board next considered the minutes of the meeting of December 22, 1997. Mr. Brodasky moved to approve the minutes as submitted, and Ms. Meeuwse seconded the motion. The motion carried unanimously.

McDONALD'S - SITE PLAN REVIEW - PROPOSED FAST FOOD RESTAURANT/ VARIANCE FROM FRONT BUILDING SETBACK - 5394 WEST MAIN

The Board next considered the application of Peter Kane, representing McDonald's Corporation, for site plan review for the proposed construction of a 5,008 sq. ft. fast food restaurant/playland on the site of the existing facility. The applicant also requested variance approval from the parking standards established by Section 68.311 of the Zoning Ordinance as previously applied to the existing site. Variance approval was also requested from the 170' front building setback requirement established by Section 64.100 of the Zoning Ordinance. The subject site is located at 5394 West Main and is within the "C" Local Business District Zoning classification.

 

The report of the Planning and Zoning Department is incorporated herein by reference. Mr. West stated that the applicant had, just prior to the meeting, provided a revised site plan which addressed certain concerns expressed in the staff report. Mr. West clarified that no front setback variance was needed due to a variance previously received by the site. Mr. West stated that the revised site plan shows 32 spaces. One space had been lost due to revisions necessary to meet dimensional standards for each parking space. The site plan also was revised to eliminate cross access with the Chicken Coop property. Mr. West indicated that the applicant offered to provide 16'-wide directional drives rather than the 25'-wide drives proposed. As to throat lengths, it was noted that a drive located on a private access drive is not strictly required to meet Access Management Guidelines, but that the Board should review this issue for "maneuverability." With regard to the parking variance, Mr. West suggested that the Board consider what part of the building should be used in calculating the parking required. Should the Board exclude the "playland" area? It was also suggested that, as a condition of any variance, clarification of whether the Frank's parking lot could provide the required parking was necessary.

The applicant was present and stated that he was prepared to answer questions. He said that the applicant was willing to work with the Township staff regarding parking.

In response to questioning by the Chairperson, the applicant stated that McDonald's does not plan on removing any existing signage. With regard to the "playland" area, this area would have seating for approximately 30. The applicant stated that the seating for the entire building would not change from the existing building. However, some of the seating would be located in the "playland" area.

In response to questioning by Mr. Brodasky, the applicant said that about 600 sq. ft. of the "playland" area was exclusively for the play equipment.

Ms. Meeuwse questioned the applicant with regard to the throat lengths of the directional drives. The applicant indicated that the throat length would remain the same as it is now. Mr. Bushouse questioned whether that would cause a problem with maneuverability. Additionally, as to parking, Mr. Bushouse recalled a cross-parking agreement by Forbes/ Cohen executed in the late '60's. Mr. West stated that the last reference to a cross-parking agreement was made with regard to the 1991 variance application of McDonald's.

The Board returned to discussion of parking, and Mr. Brodasky calculated that, if the total gross area of the restaurant were reduced by 600' (for the "playland" area, which did not include seating), 59 parking spaces would be needed. Six could be subtracted for the shared-access arrangement, leaving a total of 53 necessary parking spaces. Therefore, it was calculated that 21 spaces would be required through a cross-parking arrangement.

Mr. Brodasky questioned the applicant with regard to the "approach" to the drive-through area and the stacking of cars. He wondered whether this stacking would interfere with the handicapped parking at the "end" of that drive-through line. The applicant stated that the stacking area could accommodate approximately eight cars.

As to throat length and width of directional drives, Mr. Brodasky and Mr. Bushouse felt that the width should not be narrowed; in their opinions, it would create more difficulty in maneuverability to narrow the drives. They also felt no change to the proposed throat length should be made. Mr. Saunders agreed, stating that changing the throat length would eliminate on-site parking. He stated that he would rather see as many parking spaces as possible at the site.

The Chairperson observed that closing the connection between this site and the Chicken Coop site was beneficial.

Mr. West said that the menu board would be allowed under the Township's Sign Ordinance when questioned by Ms. Meeuwse on this point.

There was no public comment offered, and the public hearing was closed.

Mr. Bushouse questioned the applicant with regard to lighting, and it was stated that new lighting would be installed and that the applicant would submit a lighting plan to Township staff.

As to the parking variance, Mr. Brodasky moved to grant variance to allow a total of 32 spaces on the site with the following conditions, limitations and notations:

(1) That a cross-parking arrangement written, recorded and on file with the Township was required, which cross-parking arrangement would accommodate 21 spaces.

(2) That variance was required to provide substantial justice, given past decisions in which variances were granted where cross-parking arrangements provided the balance of required parking.

(3) That it was felt that the spirit and intent of the Ordinance was secured if a cross-parking arrangement was in place which provided the balance of necessary parking.

The motion was seconded by Ms. Meeuwse, and the motion carried unanimously.

Mr. Brodasky moved to approve the site plan with the following conditions, limitations and notations:

(1) That the existing access arrangement is not proposed to be altered. Throat length and width as proposed by the applicant, and as currently exist at the site, would be maintained.

(2) That it was recognized a parking variance had been granted allowing for 32 on-site parking spaces and 21 spaces through cross-parking arrangement. It was required that all parking be dimensioned in compliance with Ordinance requirements at 10' x 20'.

(3) That barrier-free parking is subject to ADA and Michigan Barrier-Free Guidelines and must be designated by signage and pavement logo.

(4) That the proposed building setbacks comply with Ordinance standards and/or variance approval.

(5) That outdoor storage in conjunction with the restaurant use was not proposed or approved.

(6) That the proposed location of the dumpster should be moved as far south as possible, i.e., approximately 5-7' from the proposed location. The dumpster enclosure should be detailed for Township staff review and approval.

(7) That all outdoor lighting must be provided in compliance with lighting guidelines set forth in Section 78.700. A lighting proposal shall be detailed for review and approval pursuant to Section 78.700g.

(8) That, as to signage, the applicant proposed to utilize the existing 60-sq.-ft. free-standing sign. A menu board along the northeast corner of the proposed building would also be installed. The "enter" and "exit" signs proposed along the private access drive must be relocated onto the subject site. All signage must comply with Section 76.000 and be reviewed and approved through the permit process.

(9) That no screening is required. However, a landscape plan consistent with the general character of the surrounding area and which includes the retention of existing trees along West Main shall be detailed and submitted for review and approval.

(10) That approval is subject to Township Fire Department review and approval.

(11) That approval is subject to Township Engineer review and approval.

(12) That issuance of a Certificate of Occupancy shall be contingent on final inspection/approval from the Building, Mechanical, Electrical, Fire, Planning and Zoning Departments to insure compliance with all applicable standards and conditions.

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

ALVIN AND MARTHA ROBINSON - VARIANCE FROM 200' ROAD FRONTAGE - 1373 S. 4TH STREET

The next item was the application of James E. Russell, representing Alvin and Martha Robinson, for variance approval from the 200' road frontage requirement established by Section 66.201 of the Zoning Ordinance. The subject 43.8 acres is located at 1373 S. 4th Street and is within the "AG"-Rural District Zoning classification.

The applicant was not present, and the Board discussed whether the item should be tabled. Board members agreed that they needed input from the applicant, and Ms. Meeuwse moved to table the item to the meeting of January 19, 1998. Mr. Saunders seconded the motion, and the motion carried unanimously.

ADJOURNMENT

There being no further business to come before the Board, the meeting was adjourned at 3:57 p.m.