Untitled Document

CITY OF CHARLEVOIX

BOARD OF APPEALS

Minutes

SPECIAL MEETING

November 10, 2003
Coast Guard Training Room

5:00 P.M.

A) CALL TO ORDER

The meeting was called to order by Chairman Withrow at 5:00 P.M.

B) ROLL CALL

Members Present: Nuttle, Anderson, Withrow, Witthoeft

Members Excused: Cross, Miller and Horton

C) DESIGNATION OF ALTERNATES

There was no designation of alternates

D) APPROVAL OF MINUTES

The minutes of October 15, 2003 were approved as submitted.

E) APPROVAL OF AGENDA

The Agenda was approved as presented

F) INQUIRY INTO POTENTIAL CONFLICTS OF INTEREST

Not conflicts of interest were identified

G) PUBLIC HEARINGS

1. Case #03-32ZBA - Charlevoix Manufacturing - 08911 Martin Rd.

Chairman Withrow called the case. Mr. Hater, Applicant; Mr. Bart Wangeman, Contractor and Mr. Chuck Stein were present.

The Board pointed out that the Charlevoix Township property to the north of this parcel is zoned residential. For that reason, the Board questioned whether the side yard setback should be twenty (20) feet or fifty (50) feet, as required in Section 5.114(2) of the Zoning Ordinance.

It was pointed out that in 1998, the Board granted a ten (10) foot side yard setback variance to allow for the construction of the 45' x 65' storage shed.

The Board agreed that even though the property to the north is in the Township, it is residential and the fifty (50) foot setback should be considered. For that reason, the Board indicated that the request be amended to a forty (40) foot side yard setback, and not ten (10) feet.

Mr. Hater pointed out that the proposed addition will follow the line of the existing building. The existing heat treat pits are currently located inside of the 45' x 65' storage shed which will be moved to the west end of the new structure.

Chairman Withrow asked why it would be impractical to move the "pits". Mr. Hater explained the concrete pits are approximately 8' x 5' and 7' deep. These pits are filled with water to allow for the hardening process relating to the manufactured parts. The 950 degree parts are lowered into the water and then removed. These pits are lined up with the existing pits and will be operational once the addition has been built. If the building was reduced in width by forty feet, it would destroy the internal traffic flow. The width of the existing building serves their manufacturing requirements. He pointed out that the original building was constructed in 1977, prior to the enactment of the Zoning Ordinance. The 45' x 65' shed was built in 1998.

Mr. Withrow asked if the "heat treat pits" could be relocated. Mr. Hater stated that they could not be relocated without being completely torn out and rebuilt.

Mr. Nuttle asked about the garage doors on the north side of the building. Mr. Hater stated these door are for ventilation only. There will be a new loading dock on the south side of the building. The existing dock on Martin Road will remain. He pointed out that there will be less truck traffic on Martin Road, with the new dock.

Staff indicated that the adjacent Township property owners were notified of this request. Staff indicated that no correspondence was received from the City or Township residents.

Please note that the findings and standards have been amended to reflect this decision.

Note: The following findings are offered to assist the Board of appeals in their deliberations only, and are subject to change, modification and alteration by the Board. SITUATION FINDINGS OF FACT:1. The Board finds that the property is located at 08911 Martin Road and is zoned I-Industrial 2. The Board finds that Section 5.112(4) of the zoning ordinance states: "The manufacturing, compounding, assembly or treatment of articles from the following previously prepared materials, including, but not limited to aluminum, bone, cellophane, canvas, cloth, cork, feathers, felt fibers, fur, glass, hair, leather, paint, paper, plastics, rubber, tin, iron, steel, tobacco, wood and yarn." 3. Therefore, the Board finds that this is an allowable use in the I-Industrial zoning district. 4. The Board finds that parcel contains 210,296 sq.ft. or 4.83 acres. 5. The Board finds that the existing building contains 20,146 sq.ft. and that the proposed addition will contain 17,500 sq.ft. 6. The Board finds that the Applicant is requesting the above variance to allow for the expansion of the existing facilities by 17,500 sq.ft., along the same building line as the existing structure. 7. Section 5.114(2) of the zoning ordinance states: "There shall be a minimum side yard of twenty (20) feet in this district except on the street side of corner lots where thirty-five (35) feet shall be required. Where an industrial district abuts a residential zone on the side, there shall be maintained a fifty (50) foot side yard on such side." 8. The Board finds that the proposed structure must be placed as shown on the site plan due to the fact that there are existing "heat treat pits" in the ground at that location, which cannot be relocated. (Exhibit C) 9. Therefore, the Board finds that a side yard variance of forty (40)feet would be needed to expand the existing building. If the Applicant complied with the required setbacks, it would limit the size of the building, especially since it is being used for manufacturing. Chairman Withrow pointed out the narrowness of this property. If the building was moved to the south it would impact the Applicant's ability to use this parcel to get trucks in and out of the site. Staff pointed out that the front yard setbacks are fifty (50) feet along Ance and Martin Roads. Mr. Harsch stated that if the building met the setback requirements, it's width would only be 144 ft. Mr. Stein agreed that moving the building to the south would impact the truck traffic and parking. Chairman Withrow and the Board agreed to add language to the General Findings that would address truck traffic. The Board agreed with the above listed "Situation Findings", as amended. Mr. Hater stated there are two adjacent residential parcels to the north, which are in the Township. Mr. Nuttle pointed out that these residents have lived with this company since 1977, without complaint. He also pointed out that the truck traffic along Martin Road will be reduced once the second loading dock is added. Mr. Witthoeft stated he to spoke to the northern resident and that she had no objections to this proposal. Chairman Withrow suggested that the reduction in truck traffic be added to the "General Findings of Fact". SECTION 5.256(4) FINDINGS OF FACT The following three (3) standards, as found in Section 5.256(4) of the zoning ordinance must be met: 4. Variance General Findings ( a) The Board finds the need for the requested variance is due to unique circumstances or physical conditions of the property involved, such as narrowness, shallowness, shape, water or topography and is not due to the Applicant's personal or economic situation.

1. The Board finds that the existing structure was approved and built in 1977, prior to the adoption of the zoning ordinance.

2. The Board finds that a ten (10) foot side yard variance was granted in #98-05ZBA to construct a 45' x 65' storage building, in line with the existing building.

3. The Board finds that this site is unique in that it contains "heat treat pits" within the existing footprint and proposed footprint of the structure which cannot be relocated. 4. The Board finds that the existing facility, as outlined, provides adequate distance for truck

traffic, which the Applicant plans to provide.

5. Therefore, the Board finds that this standard is met.

(b) The need for the requested variance is not the result of action taken by the property owner or previous property owners that were in violation of zoning regulations in effect at the time the action was taken (self-create).

1. The Board finds that the original building was built in 1977, prior to the current zoning ordinance.

2. Therefore, the Board finds that standard (b) is met. Mr. Nuttle suggested it should be pointed out that this plan would decrease the truck traffic on Martin Road.

(c) The requested variance is the minimum variance necessary to grant substantial relief to the Applicant while at the same time minimize any adverse impacts to other property owners in the general neighborhood or zoning district.

1. The Board finds that the existing building and storage shed are located ten (10) feet from the northern property line. A ten (10) foot side yard setback variance was granted in 1998 (Case #098-05ZBA) for the 45' x 65' storage shed.

2. The Board finds that there is a substantial wooded area to the north of this property which buffers the Township's residential zone from this facility.

3. The Board finds that the proposed addition will reduce the amount of truck traffic adjacent to the Township residential district.

4. Therefore, the Board finds that any adverse impact to other property owners in the general vicinity would be minimized.

5. Therefore, the Board finds that standard is met. SECTION 5.256(5)(A) FINDINGS OF FACT (5) Special Findings

(a) Dimensional Variances. To obtain a variance from the

dimensional requirements of this Ordinance (area setback, frontage, height, bulk, density or other dimensional requirements), the Applicant must establish that strict compliance with regulations governing area, setback, frontage, height, bulk, density or other dimensional requirements will unreasonably prevent the property owner from using the property for a permitted purpose, or will render conformity with those regulations unnecessarily burdensome.

1. The Board finds that the original building was constructed in 1977, prior to the existing zoning ordinance.

2. The Board finds that Section 5.112(4), as cited above, allows manufacturing in the I-Industrial district.

3. The Board finds that Section 5.114(2), as cited above, requires a minimum side yard setback of twenty (20) feet in this district. Where an industrial district abuts a residential zone on the side, there shall be maintained a fifty (50) foot side yard on such side.

4. The Board finds that a ten (10) foot side yard setback variance was granted in 1998 (#Case03-32ZBA) for a 45' x 65' storage shed.

5. The Board finds that the proposed addition cannot be moved to the south due to the fact that this area contains "heat treat pits" (Exhibit C) which are required for the existing manufacturing process.

6. Therefore, the Board finds that conforming to the side yard setback requirement of fifty (50) feet would be unnecessarily burdensome to the Applicant.

7. The Board finds that this standard is met.

Motion by Nuttle Supported by: Anderson to grant a side yard setback variance of forty (40) feet for Case #03-32ZBA - Charlevoix Manufacturing to allow the construction of a 17,500 sq. ft. addition to the existing facility. This variance is granted on the basis that all the standards of the Ordinance have been met. Ayes: Withrow, Nuttle, Witthoeft and Anderson Nays: None Motion carried H) OLD BUSINESS 1. Decision and Order for Case #03-25ZBA - 110 Clinton - Harbor Health Club The above submitted Decision & Order for Case #03-22ZBA was approved as submitted. 2. Decision and Order for Case #03-27ZBA - 101 Auld - Roby The above submitted Decision & Order for Case #03-27ZBA was approved as submitted. I)OTHER COMMUNICATIONS None J)NEW BUSINESS None

K)PUBLIC INPUT, NOT RELATED TO OTHER AGENDA ITEMS

None L)ADJOURNMENT The meeting was adjourned at 5:45P.M.