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OSHTEMO CHARTER TOWNSHIP

ZONING BOARD OF APPEALS

June 17, 2002

Agenda

HOWLAND - FRONTAGE AND DEPTH-TO-WIDTH VARIANCES - 9455 WEST L AVENUE - (PARCEL NOS. 3905-29-205-011 AND 3905-29-205-016)

IMMANUEL FELLOWSHIP CHURCH - SITE PLAN REVIEW - 6015 WEST H AVENUE - (PARCEL NO. 3905-11-230-031)

TAYLOR - DEPTH-TO-WIDTH VARIANCE - 8159 STADIUM DRIVE - (PARCEL NO. 3905-33-402-040)

PAIN RELEASE THERAPIES - SITE PLAN REVIEW - 5886 VENTURE PARK DRIVE - (PARCEL NO. 3905-25-153-120)

HETRICK - TEMPORARY FRONTAGE VARIANCE - 3738 NORTH 9TH STREET - (PARCEL NO. 3905-02-330-018)

A meeting was conducted by the Oshtemo Charter Township Zoning Board of Appeals on Monday, June 17, 2002, commencing at approximately 3:00 p.m. at the Oshtemo Charter Township Hall.

MEMBERS PRESENT: Millard Loy
Stanley Rakowski
Dave Bushouse Grace Borgfjord

MEMBER ABSENT: Jill Jensen

Also present were Jodi Stefforia, Planning Director, Mary Lynn Bugge, Township Planner; Patricia R. Mason, Township Attorney, and seven other interested persons.

CALL TO ORDER

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

MINUTES

The Board considered the minutes of the meeting of June 10, 2002. Ms. Borgfjord moved to approve the minutes, and Mr. Rakowski seconded the motion. The motion carried unanimously.

HOWLAND - FRONTAGE AND DEPTH-TO-WIDTH VARIANCES - 9455 WEST L AVENUE - (PARCEL NOS. 3905-29-205-011 AND 3905-29-205-016)

The Board was to consider the item which had been tabled from the meeting of May 20, 2002. It was noted that the applicant requested the item be tabled further to the meeting of August 19, 2002. Mr. Rakowski moved to so table the item, and Ms. Borgfjord seconded the motion. The motion carried unanimously.

IMMANUEL FELLOWSHIP CHURCH - SITE PLAN REVIEW - 6015 WEST H AVENUE - (PARCEL NO. 3905-11-230-031)

The Board considered the application of Steven R. Bosch of Slocum Architects on behalf of Immanuel Fellowship Church for a site plan review and approval of a proposed 11,884 square foot expansion for the sanctuary and classroom space at the existing Church. The subject property is located at 6015 West H Avenue within the "R-2" Residence District classification. The Report of the Planning and Zoning Department is incorporated by reference.

Ms. Bugge noted that the subject site is located at the southeast corner of H Avenue and 10th Street. The existing church facility, which is 7,976 square feet was approved by the Zoning Board of Appeals on May 15, 1978. The applicant proposed the addition along with the construction of a new parking area. Parking for 71 cars would be constructed in the northeast corner of the site which, along with the existing parking, would provide a total of 103 spaces. The spaces provided would be sufficient for the seating capacity of the sanctuary. However, additional spaces were required based on use of other parts of the building. However, according to the applicant, the sanctuary and the fellowship hall were not contemplated to be used simultaneously. Therefore, there was a request to defer 58 additional spaces.

The Chairperson had questions with regard to the deferral of parking, and Ms. Bugge indicated that, if the Township, in the Planning Director's discretion, determines that more parking is needed; administrative approval of the placement of such parking would be necessary.

In response to questions from Mr. Bushouse, it was indicated that if both portions of the building were used simultaneously, the additional 58 spaces would be needed.

Steven Bosch from Slocum Architects was present on behalf of the applicant, stating that he was available to answer questions.

Mr. Rakowski asked about the dumpster location, and the applicant stated that the existing dumpster would be moved to a new location and screened in compliance with Ordinance requirements.

Ms. Borgfjord questioned the applicant as to whether day care use was planned, and the applicant indicated that it was not.

Ms. Stefforia answered Mr. Bushouse's questions concerning notice to neighboring property owners. He also had a concern that the new parking arrangement not shine more light on the property to the west. Ms. Bugge stated that she believed that the building placement and the current parking area would reduce the amount of lighting to the west.

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

In response to a question from Ms. Borgfjord, Ms. Bugge indicated that if additional parking were established, that area would have to be landscaped at that time.

Ms. Borgfjord moved to approve the site plan with the following conditions, limitations and notations:

(1) That all parking conform to Section 68.000. The deferral of 58 spaces was granted, such spaces to be established when the Township determined, in its discretion, that the additional spaces were necessary, subject to Section 68.420.

(2) That all site lighting must comply with Section 78.700 of the Ordinance including lighting in the south parking area, and lighting is subject to Township Staff review and approval.

(3) That details of specific types of landscaping materials proposed for the parking areas must be submitted to Township Staff for review and approval.

(4) That the site plan was subject to the conformance with the requirements of the Township Fire Department pursuant to adopted codes.

(5) That approval is subject to the applicant satisfying the Township Engineer's requirements.

(6) That the Environmental Permits Checklist and Hazardous Substance Reporting Form must be submitted.

(7) That an Earth Change Permit must be obtained from the Kalamazoo County Drain Commissioner.

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

TAYLOR - DEPTH-TO-WIDTH VARIANCE - 8159 STADIUM DRIVE - (PARCEL NO. 3905-33-402-040)

The Board considered the application of Wayne Taylor for a variance from the depth-to-width provisions of Section 66.201 to allow a lot split that result in three lots with a depth greater than four times the width. The subject property is composed of Lots 2 and 3 of Block 2 in the Frie & Gibbs Plat at 8159 Stadium Drive. The property is in the "R-3" Residence District classification, and is Parcel No. 3905-33-402-040. The Report of the Planning and Zoning Department is incorporated herein by reference.

Ms. Bugge noted that the applicant was proposing the division of Lots 2 and 3 into three lots each for a total of six lots. There is one residence currently occupying the two lots. Three of the proposed six lots exceed the 4-to-1 depth-to-width ratio permitted. However, the lots conform to the other dimensional criteria for area and width at building setback for lots with public water and sewer. The applicant has agreed that Lots A-2 and A-3 would share one driveway, as would Lots B-1 and B-2. Therefore, there would be a total of four driveway cuts onto Stadium Drive for the proposed six lots. Deed restrictions for these shared drives would be required. The Township Board had approved the lot division contingent on a variance from the Zoning Board of Appeals.

Ms. Bugge reported that Frie & Gibbs is believed to be the oldest plat in the Township, dating to about 1901. Ms. Bugge reviewed the configuration of Frie & Gibbs lots, both original and those which had been "reconfigured" over the years. Immediately south of the subject lot a portion of Lot 6 had been divided into two 120 x 620 foot lots with a depth-to-width ratio of 5.2-to-1. Many other lots in the Frie & Gibbs Plat had similar or greater depth-to-width ratios.

Ms. Bugge noted that the Township Staff could not find information in Zoning Board of Appeals' past decisions regarding dimensional variances for lot splits in the area. However, the Township Board had previously granted lot splits in the area under the previous Subdivision Ordinance which exceeded 4-to-1 depth-to-width ratio.

Ms. Bugge reviewed the nonuse variance criteria, and as to whether conformance would be unnecessarily burdensome, Ms. Bugge noted that the two lots could be divided into conforming lots. However, awkward lot configurations could result. She felt that the proposed division was more uniform and consistent with the area. There were no physical limitations on the site except the presence of the existing home.

As to whether the spirit of the Ordinance would be observed, it was noted that the applicant had agreed to establish only four driveways pursuant to deed restriction which would be consistent with division into only four lots. It was noted that the Kalamazoo County Road Commission would be willing to give one driveway per lot.

The applicant was present. He confirmed, upon questioning by the Chairperson, that he would establish a deed restriction limiting the lots to four total drives. Public sewer and water would be established for all sites.

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

The Chairperson felt that a variance was appropriate especially given the character of the plat as a whole. Mr. Rakowski agreed, noting that many lots in the area have the same depth-to-width or greater.

Mr. Rakowski moved to grant a variance with the following reasoning:

(1) That substantial justice would weigh in favor of granting the variance, given the character of the Frie & Gibbs Plat and other applications granted by the Township Board in the past.

(2) That the spirit of the Ordinance would be served in that deed restrictions would be established to limit total number of curb cuts to four. The variance was contingent upon the recording of this deed restriction. Further, public sewer and water would be provided.

(3) That there was a unique physical circumstance limiting division based upon the location of the existing home.

Ms. Borgfjord seconded the motion, and the motion carried unanimously.

PAIN RELEASE THERAPIES - SITE PLAN REVIEW - 5886 VENTURE PARK DRIVE - (PARCEL NO. 3905-25-153-120)

The Board considered the application of Pain Release Therapies for a site plan review of a proposed 5,701 square foot office building to be constructed at 5886 Venture Park Drive. The subject property is located in "C" Local Business District, and is Parcel No. 3905-25-153-120. The Report of the Planning and Zoning Department is incorporated herein by reference.

The proposed building would be established on Lot 12 of Venture Park site condominium project. Ms. Stefforia noted that the subject lot was recently narrowed by a 66-foot future public street which would traverse the western 66 feet of the lot. This street would serve the residential plat to be known as Oshtemo Woods. The applicant proposed a driveway on the proposed future street and on Venture Park. Ms. Stefforia noted that the Access Management Guidelines limit the site to one driveway. Therefore, the proposal for two drives would require deviation from the Zoning Board of Appeals pursuant to Section 67.400(3). Ms. Stefforia had included statements from the applicant concerning the need for deviation. She stated that the driveway spacing met Ordinance requirements as to each drive. Parking and setbacks were satisfactory. No commercial dumpster was proposed. Instead, the applicant proposed a residential herby-curby. Ms. Stefforia suggested that the applicant be questioned as to where this residential dumpster would be located.

Mr. Bushouse had questions with regard to the proposed driveways and whether they would be too close to the intersection of Venture Park and the future road. There was discussion of whether the proposed driveway to Venture Park should be "entrance only". Ultimately, it was the consensus of the Board that the drive could be signed as "entrance only" but should not be designed as "entrance only" so as to avoid hampering Fire Department access.

D. J. O'Bryant was present on behalf of the applicant. He stated that the residential herby-curby would be located at the northeast corner of the building. It was felt that this area could not be seen on site and that the neighboring properties could be screened with landscaping.

The applicant was questioned concerning use of the site, and he indicated that physical or occupational therapy would be performed on site, i.e., pain treatment. He approximated 40-50 clients per day with eight to ten staff members. The site would operate five days a week, generally from 9 a.m. to 7 p.m. The applicant agreed that it might be a good idea to sign the Venture Park Drive as an "entrance only". Ms. Stefforia noted that the Fire Department might need the two drives because there was no turnaround established on the site due to its narrowness.

The Chairperson commented that he felt two drives would be better so that green space was not unnecessarily eliminated. Further, it was felt that the long rectangular nature of the site might justify deviation.

Mr. Bushouse questioned the applicant about use of the building, and it was noted that 100% of the building would be used by Pain Therapies; there would be no subleasing of a portion of the building. It was the consensus of the Board members that deviation could be based, not only on the configuration of the site, but also on the low traffic generated by this user.

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

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

(1) That access as proposed by the applicant was approved, and deviation to allow two drives for the subject site was granted. It was reasoned that the long and narrow nature of the site along with the low traffic generation of the use in question justified deviation. The access was subject to Kalamazoo County Road Commission approval and Township Fire Department approval. It was further required that the drive off Venture Park be signed within the site as a "one way" entrance.

(2) That the trash generated at the site be located in a residential herby-curby at the northeast portion of the site. The residential dumpster would be landscaped for screening subject to Township Staff approval.

(3) That all site lighting must comply with the provisions of Section 78.700.

(4) That all signage must comply with Section 76.000 and be reviewed and approved through the permit process.

(5) That the site must be landscaped consistent with the revised landscaping plan to be reviewed and approved by the Planning Department.

(6) That approval is subject to the review and approval of the Township Fire Department and compliance with its requirements pursuant to adopted codes.

(7) That approval is subject to the review and acceptance that site engineering is adequate by the Township Engineer.

(8) That parking is in compliance with Ordinance standards.

(9) That approval is subject to applicant submitting a completed Environmental Permits Checklist and Hazardous Substance Reporting form to the Township Planning Department.

Ms. Borgfjord seconded the motion, and the motion carried unanimously.

HETRICK - TEMPORARY FRONTAGE VARIANCE - 3738 NORTH 9TH STREET - (PARCEL NO. 3905-02-330-018)

The Board considered the application of Matthew Hetrick for a temporary variance from the provisions of Section 66.201 to allow construction of a new dwelling to begin on a parcel that does not currently have 200 feet of frontage on a public street. The subject property is located at 3738 North 9th Street within the Agricultural-Rural District zoning classification and is Parcel No. 3905-02-330-018. The Report of the Planning and Zoning Department is incorporated herein by reference.

It was noted that when the applicant appeared before the Zoning Board of Appeals seeking a frontage variance in 2000, the Zoning Board of Appeals had denied the request. However, subsequently, the land to the east and north of the subject property was approved for a plat, i.e., West Port Trails No. 2. It was expected that Phase 2 of the Plat would be completed in 2002. When West Port Trails No. 2 receives final plat approval, the applicant's property would have more than 700 feet of frontage on a new public street within the Plat to be called Lindenhurst Lane; the street would be located to the north of the applicant's property. Therefore, upon final approval of the Plat, the applicant's property would be in compliance with Ordinance standards. However, the applicant desired to construct his home on the property prior to the completion of the Plat's new public street. Therefore, the applicant was requesting a temporary variance from the frontage requirements since his property would satisfy frontage requirements upon completion of the street.

Ms. Stefforia reviewed the nonuse variance criteria noting, as to conformance being unnecessarily burdensome, that if the temporary variance were denied, no immediate use of the property for residential purposes would be available.

As to substantial justice, there were no similar requests for a temporary variance; however, the Township had administratively allowed a plat developer to begin construction of a house before final plat approval was granted. In this cases, the property being platted complied with Ordinance requirements before the platting process was started.

The Township Attorney stated that, if a temporary variance were granted, the Township would be taking a chance that the public street in West Port Trails No. 2 was not completed. This would be more of a concern if West Port Trails No. 2 were not as far along as it is at this point. The public road in question is under construction, and there was not a high likelihood that the Plat would fall through.

The applicant was present, stating that he wished to start his residence construction within the next six weeks and finish by June of 2003.

Ms. Stefforia reported that the developer of the West Port Trails No. 2 Plat had asked that the site in question be cleaned up, i.e., removal of all blue barrels and other items. The applicant indicated that half had already been removed, and the other half would be gone by this weekend.

In response to questions from Ms. Borgfjord, the applicant indicated the proposed location of the house and driveway. The applicant was proposing a connection or drive onto Lindenhurst as well as continued use of his drive to the adjoining public street along the 33-foot of frontage he had on North 9th Street.

Mr. Bushouse commented that he was concerned that the same reasoning which applied two years ago applies today, in that the applicant could plat or site condominiumize the site.

The Township Attorney noted that the applicant would not need to plat or site condominiumize but could divide his property in compliance with Ordinance standards once the public road were completed.

There was discussion of whether the applicant would need to connect to public water. Ms. Stefforia stated that, under Township policies, if the applicant received a building permit the next day, he would be required to connect to public water which will soon be located in this area.

After further discussion, Mr. Rakowski moved to grant a temporary variance from the frontage requirements subject to the following conditions, limitations and notations:

(1) That a building permit for only one dwelling be allowed on the property; and

(2) That the site be connected to public water when available.

It was reasoned that the subject site would eventually comply with all Ordinance standards, and therefore, it would conform to the spirit and intent of the Ordinance. Mr. Bushouse seconded the motion, and the motion carried 3-to-1 with Ms. Borgfjord voting in opposition.

ADJOURNMENT

There being no further business to come before the Board, the meeting was adjourned at 4:35 p.m.

OSHTEMO CHARTER TOWNSHIP
ZONING BOARD OF APPEALS

By:
Millard Loy, Chairperson

By:
Stanley Rakowski

By:
Dave Bushouse

By:
Grace Borgfjord

Minutes Prepared:
June 21, 2002
Minutes Approved:
, 2002