Regular Meeting
12/17/2014 Zoning Board of Appeals Meeting
ZONING BOARD OF APPEALS MEETING
Wednesday, December 17, 2014 @ 7:00 p.m.
Garfield Township Hall
A G E N D A
Call meeting to order
Roll call of Board Members
1. Review and approval of the Agenda and declaration of a Conflict of Interest
2. Minutes – November 19, 2014
3. Decision and Order- Case #2014-01- Britten
4. Public Hearing
a. Case # 2014-02 Sonny’s Body Shop, Front Yard Setback Variance
5. Other Business
a. Meeting Calendar 2015
6. Public Comment
7. Adjournment
The Garfield Township Board will provide necessary reasonable auxiliary aids and services, such as signers for hearing impaired and audio tapes of printed materials being considered at the meeting to individuals with disabilities upon the provision of reasonable advance notice to the Garfield Township Board. Individuals with Disabilities requiring auxiliary aids or services should contact the Garfield Township Board by writing or calling Kay Schumacher, Clerk, Ph: (231) 941-1620, or TDD #922-4412.
Charter Township of Garfield
Zoning Board of Appeals Meeting
Wednesday, December 17, 2014 @ 7:00pm
Garfield Township Hall
3848 Veterans Drive
Traverse City, MI 49684
Rick Smith called the meeting to order at 7:00pm.
Board Members Present: Uithol, Featherstone, Yelencich, Smith
Absent and Excused: Rozycki
Staff Present: Sara Kopriva
1. Review and approval of the agenda and declaration of a Conflict of Interest
Yelencich moved and Uithol seconded to approve the agenda.
Yeas: Yelencich, Uithol, Featherstone, Smith
Nays: None
2. Minutes – November 19, 2014
Uithol moved and Yelencich seconded to approve the minutes of November 19, 2014 as amended changing the word “supported” in item #2 to “seconded.”
Yeas: Uithol, Yelencich, Featherstone, Smith
Nays: None
3. Decision and Order – Case #2014-01 – Britten
Featherstone moved and Yelencich seconded to approve the Decision and Order for Case #2014-01.
Yeas: Featherstone, Yelencich, Uithol, Smith
Nays: None
4. Public Hearing
a. Case #2014-02 Sonny’s Body Shop, Front Yard Setback Variance
The applicant is requesting an after-the-fact variance from the required 40 foot setback for all parking and unnecessary drives to install a drive located in the setback area. The parcel is located on Cass Hartman Ct. off of Cass Road near Hartman Road. It is approximately 2.17 acres and zoned Mixed Use Industrial Business District. This property is relatively flat on the west side and falls off on the east side. In December 2013, a permit was pulled to convert the building to an auto body shop and an addition for an estimation area. Architect Fred Campbell presented a request for a variance for what is a 365 square feet piece of concrete encroaching in the front setback of Sonny’s Auto Body. The original property did have a non-conforming sidewalk at the edge of the building in the front yard setback. When the original plan was approved in 2013, the concrete was not on the plan. Board members discussed the matter and thought that the project could have been done without a variance, that staff could not give approval to violate the Ordinance. Chair Smith opened the Public Hearing at 7:22 PM and seeing no one wishing to speak, closed the public hearing. Kopriva asked to add a memo from Rob Larrea dated December 17, 2014 to the exhibits list as Exhibit N.
Board members went through the draft Findings of Facts for the proposed variance.
a. After careful consideration of the facts and evidence as presented to the Garfield Township Zoning Board of Appeals, the board concluded that the Standard Has Not Been Met due to the fact that there is nothing unique about this property. It is similar to other properties in the same zoning district. The lot has a large level
area, is not narrow or shallow, and does not have any water on it. (Exhibits D, F and H)
b. After careful consideration of the facts and evidence as presented to the Garfield Township Zoning Board of Appeals, the board concluded that the Standard Has Not Been Met because the
building could have been built without the drive and the variance request is a result of action taken by the property owner. The property owner wanted to do the addition with this drive after recently purchasing the property. (Exhibits F, J, K, and L)
c. After careful consideration of the facts and evidence as presented to the Garfield Township Zoning Board of Appeals, the board concluded that the Standard Has Been Met because the additional concrete does not affect public safety and is small in area. (Exhibit F)
d. After careful consideration of the facts and evidence as presented to the Garfield Township Zoning Board of Appeals, the board concluded that the Standard Has Not Been Met as strict conformance of the restrictions governing setbacks need to be adhered to and also that the property owner could use the property as intended by backing out of the building and not pulling forward. (Exhibit J and L)
e. After careful consideration of the facts and evidence as presented to the Garfield Township Zoning Board of Appeals, the board concluded that this Standard Has Been Met and gives substantial justice to the applicant because the variance would allow for the property owner to continue to use the unapproved drive as they wish. (Exhibit F)
f. After careful consideration of the facts and evidence as presented to the Garfield Township Zoning Board of Appeals, the board concluded that this Standard Has Been Met because others in the same neighborhood have done the same thing and the property is located near the end of a cul-de-sac so there is limited traffic. (Exhibit F)
g. After careful consideration of the facts and evidence as presented to the Garfield Township Zoning Board of Appeals, the board concluded that the Standard Has Not Been Met due to the fact that this MUIBD zoned property is similar in topography, shape, building location and parking to many other MUIBD zoned property. (exhibits F, D and site visits).
h. After careful consideration of the facts and evidence as presented to the Garfield Township Zoning Board of Appeals, the board concluded that the Standard Has Been Met due to the fact that the parcel is owned by the applicant and was legally platted. (Exhibit C)
Featherstone moved and Yelencich seconded to DENY the request for variance from Sections 6.9.12(4) and 6.15 to allow for a drive in the front yard setback as requested, based upon the finding that all the standards for approval in Section 5.4 of the Zoning Ordinance have not been met.
Yeas: Featherstone, Yelencich, Uithol, Smith
Nays: None
5. Other Business
a. Meeting Calendar 2015
Kopriva said the meeting schedule for 2015 was in front of Board members for approval and the meetings would still be held on the third Wednesday of each month.
Yelencich moved and Uithol seconded to approve the Meeting Calendar for the Zoning Board of Appeals for 2015.
Yeas: Yelencich, Uithol, Featherstone, Smith
Nays: None
Kopriva said that there will be a special meeting in January in place of the regular meeting and thanked Featherstone for his service to the ZBA.
6. Public Comment
None
7. Adjournment
Featherstone moved to adjourn the meeting at 7:34pm.