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OSHTEMO CHARTER TOWNSHIP

ZONING BOARD OF APPEALS

October 1, 2001

Agenda

SIRRINE - VARIANCE - TEMPORARY RESIDENCE PERMIT - 8339 WEST H AVENUE - (PARCEL NO. 3905-09-205-033)

SKY KING INDUSTRIAL PARK - UNIT 6 - SITE PLAN REVIEW - 3864 SKY KING BOULEVARD - (PARCEL NO. 3905-34-260-006)

A meeting was conducted by the Oshtemo Charter Township Zoning Board of Appeals on Monday, October 1, 2001, commencing at approximately 3:00 p.m. at the Oshtemo Charter Township Hall.

MEMBERS PRESENT: Millard Loy
Sharon Kuntzman
Ted Corakis
David Bushouse
Jill Jensen

MEMBERS ABSENT:

Also present were Mary Lynn Bugge, Township Planner; Patricia R. Mason, Township Attorney, and three 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 September 17, 2001. Ms. Kuntzman moved to approve the minutes as submitted, and Mr. Corakis seconded the motion. The motion carried unanimously.

In that the applicant for Item 3 was not present in the audience as yet, the Chairperson suggested taking up Item 4.

SIRRINE - VARIANCE - TEMPORARY RESIDENCE PERMIT - 8339 WEST H AVENUE - (PARCEL NO. 3905-09-205-033)

The Board considered the application of Donald Sirrine, Jr. for a six-month extension of a temporary residence permit previously issued by the zoning official to allow occupancy of a mobile home not qualifying as a dwelling at 8339 West H Avenue, pursuant to Section 74.200 of the Zoning Ordinance. The subject property is within the "AG" Agricultural-Rural District zoning classification and is Parcel No. 3905-09-205-033.

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

Ms. Bugge reported that the applicant had received a variance on February 28, 2001, to construct a dwelling on an existing, nonconforming foundation. The original house had been destroyed by fire. On February 29, 2000, the applicant applied for a building permit and began construction of the home. On October 17, 2000, the applicant requested and received administrative approval for use of a mobile home as a temporary dwelling for one year. Health Department approval for use of the existing well and septic was obtained, and a mobile home permit was granted by the Building Department. However, the administrative approval would expire on October 17, 2001, and the applicant was requesting an extension of six months. Progress had been made on the construction of the dwelling, but the progress was not sufficient to allow the Building Department to issue a certificate of occupancy.

The applicant was present, and he stated that there had been some delay due to the need to come to an agreement with the County as to the existing well and septic. He stated that he would be allowed to retain the existing well, but would be required to establish a new septic system. However, the new system and its drain field could not be established until the mobile home was off the property. Therefore, he had to obtain permission to utilize the existing septic system for the new home for a short period until the new septic system could be established.

Further, he had been injured, and this temporarily delayed work at the site. He hoped to complete work and be in the new home within three months.

In response to questioning by Mr. Bushouse, the applicant indicated that his roughed-in electric had been approved and that he needed a mechanical "roughed-in" inspection. He had recently renewed his mechanical permit.

Mr. Corakis questioned the applicant with regard to who was working on the house, and the applicant responded that he was doing most of the work along with his father. The outside was basically completed, except for a deck, and there was a need to finish the inside of the home.

The Chairperson sought public comment, and none was offered in person. However, reference was made to a letter received from Conrad Tisland, a neighbor, opposing an extension beyond six months.

The Chairperson indicated that he had no problem with granting this extension as long as the applicant understood that no other extensions would be possible.

There was discussion of the need to condition the approval on removal of the temporary residence from the site within a reasonable time of occupancy of the primary dwelling.

Mr. Bushouse moved to grant the applicant an extension for use of a temporary residence to April 17, 2001, conditioned upon the requirement that within ten days of the issuance of a certificate of occupancy for the dwelling being constructed, the temporary residence/trailer be removed and properly disposed of. Ms. Kuntzman seconded the motion, and the motion carried unanimously.

SKY KING INDUSTRIAL PARK - UNIT 6 - SITE PLAN REVIEW - 3864 SKY KING BOULEVARD - (PARCEL NO. 3905-34-260-006)

The Board considered the application of Sky King, LLC for site plan review of a proposed 9,800 square foot building on Unit 6 of Sky King Industrial Park. The subject property is located at 3864 Sky King Boulevard within the "I-1" Industrial District zoning classification and is Parcel No. 3905-34-260-006.

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

Ms. Bugge noted that the street serving the development is private, and therefore, the access point to the Unit would not require a permit from the Kalamazoo County Road Commission. Ms. Bugge stated that the placement of the northern driveway into the site satisfies the separation requirement from Stadium Drive as identified in the Access Management Guidelines.

As to parking, Ms. Bugge indicated that this was a "spec building" with no tenants identified. Nevertheless, Staff was comfortable with the number of parking spaces proposed. It was suggested that the approval be conditioned upon Township Staff's review and administrative approval of tenants so that the use and impact on parking could be evaluated consistent with the Ordinance. Ms. Bugge stated that the building would be located on the property in compliance with all setback requirements. No outdoor storage had been proposed.

With regard to the dumpster, the enclosure must be modified to satisfy the six foot minimum height requirement.

Details as to proposed site lighting had not yet been submitted.

The applicant was represented by Jamie Dyer. He stated that he was available to answer questions. He recognized that at present there were no proposed tenants. However, he noted that Unit 1 had been developed in a similar fashion, and as such, the tenants were dictated by the site design, not the site design by the tenant. He indicated that a dumpster may not be needed based upon the type of tenant using the site.

The Chairperson questioned Mr. Dyer with regard to the turning radius for the loading area. There was concern that semi-trucks could not access this area. Mr. Dyer clarified that there were two driveways into the site, which were not immediately apparent from the site plan. Therefore, Board members were satisfied as to access.

The Chairperson also expressed concern about storm water run-off. In his opinion, the storm water retention area currently on site would not be sufficient to handle this development. He had visited the site and observed a lot of water sitting in the pond. He was concerned that the area was "silted over". Mr. Dyer responded that, when this unit was developed, the retention basin would need to be excavated.

Ms. Kuntzman was also concerned about storm water run-off in that she recalled when the storage use had located in the Park, and representations had been made that it would not increase the storm water retention problem for Roller World. However, she felt that the water run-off to Roller World had "worsened" with that development. Mr. Dyer responded that, during heavy rainfalls, the water seemed to be coming to the Roller World site from the south, not from the Sky King site.

Mr. Corakis agreed, stating that the Steensma site retention basins seem to have dirt over the top of the grass. Soil erosion and storm water was a big problem in this area.

Mr. Dyer explained the under ground piping storm water retention system on the site.

Ms. Bugge indicated that the Township Engineer would have to determine whether the site engineering was adequate. She expressed the opinion that some of the water run-off to the Roller World site was from the road system.

Mr. Bushouse questioned Mr. Dyer regarding the elevations reflected on the site plan. Some of the elevations for the proposed design were extremely close and require precise construction. Mr. Bushouse was concerned that the elevations seemed to indicate that some of the water would drain toward the building. Mr. Dyer indicated that the water would drain away from the building toward catch basins. Mr. Bushouse stated that he would like to see the Engineer's report as to the drainage at the site to make sure that the storm water retention system would be adequate to handle the site's run-off and would not exacerbate Roller World's problems. He wanted no question as to whether the water from this development would stay on site. He felt the Engineer should pay particular attention to the elevations on the site.

Mr. Loy, the Chairperson, agreed, stating that he would like to see the building elevation raised by about six inches. Further, he felt that there would be a need to excavate the pond to remove silt build-up.

The Chairperson asked for public comment, and Brian Maloney, owner of Roller World, reiterated the problems with water retention and water run-off to his site. He stated that, when he purchased his property in 1985, there was no problem with storm water run-off.

He stated that he had approached Mr. Seelye, owner of Sky King, who had made promises about rectifying certain problems, particularly with regard to recent damage to the retaining wall.

He was also concerned about the fact that the Road Commission had not rectified the problem for ten years. Further, their plans to raise 7th Street made it likely that the problem of storm water on his site would be worsened.

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

The Board members reiterated their concerns as to drainage at the site.

Mr. Dyer was questioned with regard to the construction time-frame. Mr. Dyer did not know the schedule since Delta Design was the contractor. The Chairperson suggested that the Township Engineer visit the site and observe how the current system works. There was discussion of possibly tabling the item to allow the Engineer to provide a report to the Zoning Board of Appeals.

After further discussion, Ms. Kuntzman moved to table the item to the meeting of October 15, 2001, to allow the Township Engineer to review the plan and to inspect the site personally to determine the adequacy of the existing and proposed storm water retention system for the Sky King site. It was further moved that the Township Engineer provide a report to the Zoning Board of Appeals and appear in person, if possible, on October 15, 2001, to answer questions. It was further moved that, if the applicant notified the Township that it did not plan to commence construction this fall, the item would be moved to the meeting of November 5, 2001. Ms. Jensen seconded the motion, and the motion carried unanimously.

ADJOURNMENT

There being no further business to come before the Board, the meeting was adjourned at 4:40 p.m.

OSHTEMO CHARTER TOWNSHIP
ZONING BOARD OF APPEALS


By:
Sharon Kuntzman, Acting Chairperson

By:
Ted Corakis

By:
David Bushouse

By:
Jill Jensen

Minutes Prepared:
September 19, 2001
Minutes Approved:
, 2001