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Minutes for 10/20/2008

APPROVED MINUTES OF THE REGULAR MEETING
OF THE KENTWOOD ZONING BOARD OF APPEALS
CITY COMMISSION CHAMBERS
OCTOBER 20, 2008, 7:30 P.M.


1. Chair Derusha called the meeting to order.

2. Roll Call
MEMBERS PRESENT: Les Derusha, Garrett Fox, Mel Holloway, Richard Lenger, Alan Lipner
MEMBERS ABSENT: Tom Cutts, and Ed Swanson
OTHERS PRESENT: Planner Joe Pung, Staff Secretary Monique Collier and the applicants.

Motion by Commissioner Lenger supported by Commissioner Fox, to excuse Commissioners Cutts and Swanson from the meeting.

- Motion Carried (5-0) ?
- Cutts and Swanson absent -

3. Approval of the Minutes and Findings of Fact

Motion by Commissioner Lipner, supported by Commissioner Fox, to approve the minutes of September 15, 2008.
- Motion Carried (5-0) ?
- Cutts and Swanson absent -
4. Public Hearing

Appeal #V-08-21

Applicant: Craig Baker
Location: 4171 Luxe Ct. SE

Request: The applicant wishes to be addressed off of a private street. The private street would have a pavement width of 24 feet. The Kentwood Zoning Ordinance requires non-residential private streets to have a minimum pavement width of 30 feet. The requested variance is for a reduction of 6 feet to the minimum pavement width of a non-residential private street.

Doug Stalsonburg with Exxel Engineering and Dean Rosendall from First Companies were there to represent the request. Stalsonburg stated Jeup Furniture is under construction off the northwest end of Soundtech Court. Stalsonburg stated the building would have an address on Soundtech Court. Stalsonburg stated the owner of Jeup Furniture would desire to have a different street name as part of their address. Stalsonburg stated the applicant wanted to create a driveway that comes into Soundtech court at a 90 degree angle and could have a different street name; police and fire were satisfied with that. He stated he has had discussions with staff and the private street is in an industrial area and is only going to serve car traffic. He stated all truck traffic will go north off the end of Soundtech Court. Stalsonburg stated this would be a private street and would meet all the industrial private street requirements; with the exception of the width.

Fox stated if he makes it six feet wider then they could move forward without a variance.

Derusha?s concern was the fire department and if they had anything to say about the request. Pung stated the street name has already been changed in the Assessor?s Office and Fire involved in the discussions. Derusha stated he thinks customers and deliveries will have a hard time finding the street.

Dean Rosendall with first Companies stated the owner of Jeup builds very high end furniture. He stated he designed a building that is load bearing pre cast building; its has the latest technology. He stated it is a budget issue. He?s tried hard to make a great building and he sells very high end furniture around the world. He stated as for map questing; he has raw materials coming in but he buys from local suppliers. He stated the owner has thought through the issue of supplier not being able to find his business. He would just like a street name that supports his identity as opposed to having Soundtech Court.

Fox stated one of the standards is the situation was not created by the applicant. Fox stated he will not be able to meet that standard, because he wants to create a name that will be in conjunction with his company name. Fox stated it is a good idea, but the applicant wants to do it at his discretion. Fox stated for six feet he no longer has to worry about if the situation is created by the applicant because he can move forward without the zoning board. Fox stated the board has to look at the standards and the justification from the applicant is saying goes against one of the standards.

Desrusha also stated standard 3 would not be met. Derusha stated it is a problem that can be fixed by money, but the applicant just doesn?t want to spend it. Derusha stated the zoning department has rules they need to meet and the ZBA abides by these rules to provide a variance.

Lipner asked why the contractor would use the 24 feet and not the 30. Stalsonburg stated because there is only car traffic that is going to go through.

Derusha stated that he does not see this request meeting all the standards.

Stalsonburg stated what makes it unique is the driveway is in an industrial district but only cars are going to use it.

Discussion ensued regarding the applicant not meeting the standards.

Lenger asked how much it would be to make the changes. Stalsonburg stated it?s not quite that simple and is not just going to cost him a few more dollars.

Discussion ensued regarding options as to what the applicant can do with the drive.

Lenger stated if measured at the curb line it would be a solution for everybody.

Lenger suggested tabling to take a look at the option of measuring by the right-of-way to see if it will work

Stalsonburg stated he would like tabling to work around a more creative way to work around the issues.

Motion by Commissioner Lenger, supported by Commissioner Holloway to table V-08-21 to the Novenber 17, 2008 meeting.

- Motion Carried (5-0) ?
- Cutts and Swanson absent -

Motion by Commissioner Lenger,supported by Commissioner Fox to adjourn the meeting.
- Motion Carried (5-0) ?
- Cutts and Swanson absent -

Meeting adjourned at 8:03 p.m.

Respectfully submitted,

Alan Lipner, Secretary





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