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Minutes for 04/21/2008APPROVED MINUTES OF THE REGULAR MEETING
OF THE KENTWOOD ZONING BOARD OF APPEALS
CITY COMMISSION CHAMBERS
APRIL 21, 2008, 7:30 P.M.
1. Chair Derusha called the meeting to order.
2. Roll Call
MEMBERS PRESENT: Tom Cutts, Les Derusha, Garrett Fox, Mel Holloway, Richard Lenger, Alan Lipner and Ed Swanson
MEMBERS ABSENT: None
OTHERS PRESENT: Planner Joe Pung, Staff Secretary Monique Collier and the applicants.
3. Approval of the Minutes and Findings of Fact
The meeting was called to order by Chair Derusha.
Motion by Holloway, supported by Fox to approve the minutes of March 17, 2008 with changes.
- Motion Carried (7-0) ?
4. Public Hearing
Appeal #V-08-07
Applicant: Wedgwood Christian Services
Location: 3300-36th Street SE
Request: The applicant wishes to construct a 3600 square foot addition to a storage building within 39 feet of the south property line. The Kentwood Zoning Ordinance requires a minimum 45 foot setback. The required variance is for a reduction of 6 feet to the minimum perimeter setback.
Doug Stalsonburg from Exxel Engineering was there to represent the request. He stated the addition is not solely a storage building or an accessory building. He stated there is a 10 X 10 office in the building. He stated the need for the variance because the property to the south is zoned residential R1-A, but it is a Christian Reform Recreation Center. He stated he doesn?t think it will be a negative impact with the neighbors. He stated there has been conversation with the neighbors and the general manager of the golf course. The Christian Reform Recreation Center did not have any problems with what is being proposed. Stalsonburg stated the building addition will be strictly for storage.
Swanson asked what will be stored in this building and why did they choose 42x84 as a size. Stalsonburg stated that it would be used for recreational equipment, chairs, desk, office equipment and things that have been donated to Wedgwood. He stated they had plans to do a mezzanine in the building to increase the storage capacity but they were informed of some building codes which reduced the mezzanine area they thought they could have so to reduce the size of the building would be a problem.
Fox asked why the building had to be 42 feet deep and if they could make it wider instead. Stalsonburg stated if they widened the building it would encroach on a detention pond located to the southeast of the current building. Stalsonburg stated that they are already going to have to fill in part of the detention pond, re-grade it and elongate the detention pond.
Fox asked what percentage of the building will be used for office space versus storage. Stalsonburg stated none of the new building will be used for office. He stated only about 100 square feet of the existing building will be used as an office.
Holloway asked about the height of the building. Stalsonburg stated it will be higher than the 17 foot height of the existing building. Holloway asked about the height of the trees on the south lot line. Stalsonburg stated they are more than 17 feet high. Holloway asked if there were any openings on the south side of the building as far as doors. Paul Nydam, Facilities Director at Wedgwood, stated there are four small window openings on the upper level facing the south but no doorways.
Fox asked what the building is going to look like. Paul Nydam stated it will look like a metal storage structure from the south side but the rest of the building would be designed to match the existing building. He stated it is screened and they have a board-on-board fence already adjoining the south property line between them and the recreation center and there are a number of trees along the property line. He stated they will add additional trees to around the entire campus perimeter to create additional screening.
Nydam stated that the plan is to improve the existing facility to match the adjacent facility building that has about 8 foot stone and brick fa?ade. He stated they will strip the metal siding from the existing building and replace it with new metal that will match the adjoining building so the two will appear a lot nicer. He stated they will also remove the metal roofing and do a shingle roof.
Motion by Lenger, supported by Swanson to close the public hearing.
- Motion Carried (7-0) ?
Cutts stated that point 1 was met due to the development of the property to the south as a recreation center as opposed to residential homes. The use and its size are unique to Kentwood. Point 2 was met due to the exceptional circumstances which make the request unique and point 3 was met. Swanson indicated that point 1 was met due to the adjacent use to the south and agreed with Cutts that points 2 and 3 were also met. Lenger indicated that point 1 was met due to the proposed development of the overall PUD and the uniqueness of the use. Lenger agreed that point 2 and 3 were also met. Lipner stated that point 1 was met due to the adjacent use to the south, the proposed overall development and the existence of the detention pond which limits the width of the building. Fox and DeRusha agree that points 1, 2 and 3 are met.
Cutts stated that point 4 was met due to the support of the adjacent property owner and the existing and proposed trees along the property line. Cutts stated that point 5 was met as the request will not impair the intent and purpose of the Ordinance due to the exceptional circumstances applying to the property. Cutts stated that point 6 was not met. Swanson agreed with Cutts that point 4 and 5 were met. Swanson stated that point 6 was met due to the location of the existing detention pond and how the property to the south was zoned and used. Lenger, Fox and DeRusha agreed with Swanson that points 4, 5 and 6 were met.
Motion by Lenger, supported by Fox to approve variance request V-08-07 as:
1. There are exceptional and extraordinary circumstances or conditions applying to the property that do not apply generally to other properties in the same zoning district. The existing development to the south which is a large recreation center, the detention pond which restricts the width of the building, the uniqueness of the use and the proposed overall development of the property.
2. Due to the exceptional and extraordinary circumstances and conditions applying to the property, the situation of the specific piece of property for which the variance is sought is not of so general or recurrent a nature as to make reasonable practical the formulation of a general regulation for such conditions or situations.
3. That such variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same zoning district and in the vicinity.
4. The variance will not be detrimental to adjacent property and the surrounding neighborhood due to the support from the adjacent property owner to the south and the existing and proposed trees along the south property line which will screen the building.
5. Due to the exceptional and extraordinary circumstances applying to the property, the variance will not impair the intent and purpose of this Ordinance.
6. That the immediate practical difficulty causing the need for the variance request was not created by any action of the applicant. The applicant is not responsible for the location of the exiting detention pond which restricts the width of the building nor the zoning or existing use to the south.
5. Other Business
1. One Year Review of Appeal #V-07-01
Applicant: Calvin College
Location: 1661 East Paris Avenue, SE
Request: The applicant constructed a sixty (60) foot high wind turbine. The wind turbine is considered an accessory structure and limited to a height of fifteen (15) feet. The requested variance was for an increase in height of forty-five (45) feet.
Discussion was held on the existing wind turbine and the fact that not complaints have been received by either the City of Calvin College regarding noise, bird deaths etc.
Motion by Lenger, supported by Swanson to make variance request V-07-07 permanent at the current height.
- Motion Carried (7-0) ?
Motion by Lenger supported by Fox to adjourn the meeting.
- Motion Carried (-0) ?
Meeting adjourned at 8:00 p.m.
Respectfully submitted,
Alan Lipner, Secretary
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