MINUTES OF THE REGULAR MEETING OF THE GEORGETOWN CHARTER TOWNSHIP ZONING BOARD OF APPEALS HELD JANUARY 25, 2006

The meeting was called to order at 7:30 p.m. by Chairman Daniel Lennington.

Members Present: Daniel Lennington (chairman), John Fanthorpe, Greg Honderd and Joyce

Weise

Members Absent: Carl DeVree

Others Present: Mannette Minier, Secretary and Zoning Administrator, and the applicants

#060125-01 - Approval of the minutes

The minutes of the regular meeting held on December 14, 2005 meeting were presented.

Moved by Joyce Weise, seconded by John Fanthorpe, to approve the minutes of the regular meetings held on December 14, 2005, as presented.

MOTION CARRIED.

#060125-02 - (VAR0601)

Susan Deters, 7463 Hidden Forest Drive, is requesting to have a rear yard setback of 22 feet, a variance of 18 feet from the 40 feet required in Chapter 24, in a (LDR) Low Density Residential district, on a parcel of land described as P.P. # 70-14-18-331-011, located at 7463 Hidden Forest Dr., Georgetown Township, Ottawa County, Michigan.

Susan Deters presented the request and said that she was asking to construct an 18 by 18 foot addition on the west side of her house where the deck is located. She said that the property to the west of her property is a Consumers Power easement and to the west of that is the campground. She said that she has been in touch with Consumers Energy and they told her that she could obtain a license to utilize the property any way she wanted, except for a building, such as for a garden or trampoline. She said that she was not asking to build in the Consumers Power easement nor in the Drain Commission easement.

The zoning administrator presented a review. The applicant is requesting to construct an 18 by 18 foot room at the rear of the house that would project into the required rear yard setback for a distance of 18 feet, resulting in a rear yard setback of 22 feet. The subject property has a drainage easement along the rear property line and this property line borders the power line easement to the west. To the west of the power lines is the Baldwin Oaks Campground. While it is possible (even likely) that the campground would be developed into single family homes sometime in the future (the Master Plan designates the campground as LDR), it is highly unlikely that the easement for the power lines would ever be developed (the Master Plan designates the power line easement as Public/Quasi Public). The drainage easement located on the subject site and the power line easement are both heavily wooded and provide a buffer and/or sight-obscuring screen if the variance were to be granted. The neighboring property to the north obtained a rear yard setback variance for a similar room addition with a similar reduced rear yard setback. The property owners to the south have submitted a letter in favor of the variance.

No one was present to make comments at the public hearing.

The applicant presented pictures of her property and said that she had obtained letters from three neighbors in favor of the variance request, two on the north side and one on the south side.

John Fanthorpe asked if she planned to replace the deck and was told no.

The applicant presented building plans.

Joyce Weise asked if the house had daylight windows and was told yes.

Dan Lennington said that the ZBA has received variance requests for less setbacks for distinct purposes and that the applicant was requesting the variance to construct a room for the use of out-of-town family members who came to help the family due to an unfortunate death in the family.

The applicant clarified that she was requesting the one story addition with a basement for more room because many people come from out-of-town to help with her three children.

Dan Lennington said that this was a serious and substantial hardship.

Greg Honderd asked about the power line easement.

Susan Deters said that she originally had been told that she could lease the power line easement on a monthly basis. She said that when they finally got back to her, she found that there was no such thing as a lease, but rather she could license the property indefinitely. She said that they would allow her to utilize the property and pay a minimal amount on a yearly basis.

Greg Honderd asked how much property they would license to her.

Susan Deters said that they would give her as much as she needed which was 22 feet and that she would have the option to renew the license.

Joyce Weise asked if the new addition would look like the existing structure.

The applicant said yes, that the builder was already looking at the color of the siding and the windows would be the same.

Joyce Weise clarified that the neighbors had no objection.

The zoning administrator said that she had determined that the request met standards 1, 2, 4 and 6, and the ZBA would have to deliberate the other standards.

Dan Lennington said that the two main factors were that there were unique and extraordinary circumstances. He said that the request met all seven standards, plus the property abuts the power line easement which is permanent and not developable. He said that another house could not go back there. He said that there were two other applicants with personal extraordinary circumstances. He said that granting the variance was upholding the spirit of the ordinance which states that the fundamental purpose of this ordinance is to promote and safeguard the public health, safety, morals, prosperity and general welfare of the people of the Township.

Moved by Joyce Weise, seconded by John Fanthorpe, to approve variance (VAR0601) Susan Deters, 7463 Hidden Forest Drive, to have a rear yard setback of 22 feet, a variance of 18 feet from the 40 feet required in Chapter 24, in a (LDR) Low Density Residential district, on a parcel of land described as P.P. # 70-14-18-331-011, located at 7463 Hidden Forest Dr., Georgetown Township, Ottawa County, Michigan, on the basis that the request meets the seven standards, and with the condition that a copy of the license for the property with 18 feet in the Consumers Energy easement that the applicant is obtaining be submitted to the Township and that it be renewed yearly.

MOTION CARRIED.

#060125-03 - (VAR0602)

Meijer Stores L.P., 550 Baldwin St., is requesting to have a fence with a height of 8 feet, a variance of 2 feet from the maximum of 6 feet permitted in Sec. 3.8(B), and to have to have two wall signs on a wall, one new pharmacy drive-up sign with 55 square feet and one existing Meijer sign with 145 square feet, a variance of one from the maximum of one 200-square foot wall sign per street frontage permitted in Sec. 25.6(B)(3), in a (CS) Community Service Commercial district, on a parcel of land described as P.P.# 70-14-13-300-075, located at 550 Baldwin St., Georgetown Township, Ottawa County, Michigan.

Mark Kastner, Progressive A.E., represented the applicant and presented the request.

Meijer is requesting two variances. One is to have an eight foot fence surrounding a newly proposed (expanded) garden center on the east side in front of the building when Sec. 3.8(B) permits only a maximum of 6 feet. The second request is to have two wall signs on the Baldwin Street frontage, instead of the one per street frontage permitted, with a combined total square footage that still meets the maximum square footage permitted in the ordinance.

On December 7, 2005, the Planning Commission approved a site plan for a special use permit for Meijer to have an open air business for the garden center (expanded and relocated from the one that had been in existence for many years) at the east end of the building and to have a pharmacy drive-in window. The Board approved the two special use permits on December 7, 2005.

Initially, Meijer had proposed a circulation pattern for vehicles to access the drive-in window (located in the same spot on the north side of the building near the northeast corner) with vehicles going from west to east (against the flow of traffic). The Planning Commission determined that this would be detrimental to traffic circulation and recommended that the site plan be revised. Although Meijer was not able to totally revise the plan as per the PC suggestion (to have the drive-in window on the east side of the building), the plan was revised to allow traffic for the window to flow in the same direction as other traffic. A condition of approval imposed by the Planning Commission is “that signage is provided prohibiting vehicles from the east making a left hand turn into the drive lane for the tube and that signage is provided on the site to clarify the desired path for vehicles entering from the east to access the tube (pharmacy window).”

The zoning administrator stated that ZBA in 1989 determined that the “Welcome” signs were exempt from the ordinance requirements since they did not include advertising matters. She said that at the current time the Township should recognize and abide by the ZBA’s previous ruling. She said that the welcome signs should be considered to be conforming since the ZBA in 1989 ruled as such.

Dan Lennington asked if Meijer would change the sign from 128 to 145 square feet.

The applicant said that Meijer felt that the signs were okay. He said that they met the intent of the ordinance and they would not put the sign on the east side. He said that there was a concern that if the sign were not to be located there that traffic would drive up the wrong way to access the drive-in window. He said that the bottom line was that they were not asking for more square footage.

Joyce Weise asked about the bank and was told that it was LaSalle and they planned to relocate.

The applicant said that Meijer had a two point remodeling plan which is to redo the garden center and to renovate the interior store to bring to current standards including bringing the pharmacy to the front.

Joyce Weise asked if the circulation pattern was from west to east and crossed the new entrances.

John Fanthorpe said yes and that the window would be accessed from the wrong side of the car.

The applicant explained that there would be a kiosk with a tube on the driver’s side. He said that the issues with the fence were due to unlawful patrons who go outside to the garden center and pass merchandise over the fence. He said that some stores have ten foot high fences because the higher the fence the more difficult it was to pass over merchandise. He said that the higher fence would reduce theft. He said that this type of issue was not common with other retail uses because they were not as big and did not have outdoor garden centers. He said that this was an unusual circumstance.

Joyce Weise asked about brick columns.

The applicant said that the Planning Commission had said that barbed wire would not be appropriate and Meijer had proposed a typical chain link fence. He said that the Planning Commission had asked for an upgrade to a vinyl-coated chain link.

There was discussion regarding a decorative or ornamental fence.

The applicant said that with a four foot wall and four foot fence on top of it would not provide security because people would just stand on the wall and if there were larger openings they would be used to pass through merchandise. He said that Meijer also wanted the visibility and this would not provide as much visibility.

Dan Lennington asked if the City of Grandville required the decorative fence for the Grandville Meijer.

The applicant said that he did not know.

John Fanthorpe said that it would seem that the Grandville store would need more security than the Jenison store since it was close to the mall.

Dan Lennington said that he was interested in the aesthetic element because that was one reason that the ordinance was passed and a fence higher than six feet would not be aesthetically pleasing.

Joyce Weise said that with the vinyl coating the fence kind of disappears and is not as visible. She said that they did not want people to run into it. She said that landscaping should be added around the fence.

Dan Lennington said that he did not want the ZBA to step on the toes of the Planning Commission.

The applicant said that they did not discuss the height at the Planning Commission, only the material.

Dan Lennington asked about the Planning Commission’s decision and if it was unanimous.

Greg Honderd said that the decision about the material was more of a compromise because some wanted more than chain link and an agreement was reached that as a minimum, the fence would be vinyl coated.

Joyce Weise said that they could put up decorative columns with the chain link.

Greg Honderd said that if an eight foot vinyl coated fence would be put up, the Planning Commission would be disappointed. He said that if they put up a better looking eight foot fence Meijer would get the security and the Township would get a nicer looking site. He said that this site is the front door to Jenison.

Dan Lennington said that the Township has a beautification initiative and if the variance were to be granted, the fence should be more decorative to minimize and mitigate the negative impacts of the height. He said that although he hesitated to put conditions on a variance, there were appropriate times and this was one.

John Fanthorpe said that twenty years ago the Little League put up a vinyl coated fence. He said that after many years, the vinyl peals off, hangs, fades and gets rusty. He said that it might look good today, but not in the future.

Joyce Weise said that wrought iron would decay.

The applicant said that some of the fences at the Meijer store were aluminum or metal finishes with an overcoat that was more durable. He said that they vinyl coating was supposed to last 15 years and had a warrantee. He said that there were different grades. He said that he had talked to the Meijer representatives and they considered the wall/decorative fence and it would not meet their construction schedule. He said that if they were required to put up a decorative fence, they would just put up the six foot high vinyl fence.

The zoning administrator asked if they could just put up some decorative columns.

Greg Honderd said that the Standale Meijer store has decorative columns.

Joyce Weise said that they could have the decorative columns or decorative details every 12 to 15 feet and it would dress up the site. She said that they had an opportunity to have a concrete retaining wall.

The applicant presented the request for the additional wall sign and noted that they were not requesting more square footage, but rather that it was divided to two signs.

The zoning administrator said that Culvers had two signs with less square footage than would be allowed for one and this request meets the intention of the ordinance in regards to square footage. She said that it would be advantageous to the Township for the pharmacy drive-in window to be easily and clearly identified for traffic circulation.

Greg Honderd said that the Planning Commission had been concerned with overall traffic patterns and the window should be clearly identified.

Joyce Weise said that it would be a health, safety and welfare issue for the pharmacy drive-in window to be identified.

No one was present to make comments at the public hearing.

The zoning administrator suggested that if the ZBA were to grant the variance, that a condition be added that if any future signs were changed, they would all meet ordinance requirements, other than those that had ZBA action.

Moved by John Fanthorpe, seconded by Joyce Weise, to approve variance (VAR0602) Meijer Stores L.P., 550 Baldwin St., to have to have two wall signs on a wall, one new pharmacy drive-up sign with 55 square feet and one existing Meijer sign with 145 square feet, a variance of one from the maximum of one 200-square foot wall sign per street frontage permitted in Sec. 25.6(B)(3), in a (CS) Community Service Commercial district, on a parcel of land described as P.P.# 70-14-13-300-075, located at 550 Baldwin St., Georgetown Township, Ottawa County, Michigan, with the condition that the overall square footage does not exceed what is allowed by the ordinance, just that the sign square footage would be dispersed between two different places, and that any future sign changes would have to meet ordinance requirement, on the basis that the request meets the seven standards of the ordinance.

Greg Honderd said that he wanted the additional input noted that the extra signage would be beneficial to the traffic flow on the site.

Dan Lennington agreed and added that they were complying with the Culver’s precedent and the ZBA was acting consistently. He said that the factors of this situation meet the public interest. He said Meijer held a prominent position in the community by being the largest employer and the larges site for commerce. He said that it made sense to allow the signage to help with the traffic flow.

MOTION CARRIED.

In regards to the fence variance request, the zoning administrator suggested that if the ZBA were to grant the variance to allow an eight foot fence, the variance could be conditioned upon the fence have decorative elements.

Greg Honderd said that the condition should be added that the fence be brick and wrought iron. He said that the Walker Meijer store had a similar fence with a combination of brick and wrought iron. He said that the fence could be any combination of masonry, including poured concrete, and wrought iron.

The applicant said that in some instances in the past the decorative elements of the fence have been put just in the front of the garden center with the rest to be chain link.

The zoning administrator said that with the location of the Meijer store and the garden center, it was visible from Chicago Dr., Cottonwood and Baldwin. So there really was not a single front.

Dan Lennington said that the decorative fence should be put all the way around the garden center.

The applicant said that the garden center was set back behind the parking lot.

Dan Lennington said that the garden center was extremely visible. He said that the Township has been doing a good job requiring new businesses and those with updates to look good and it was partly due to the Planning Commission and partly due to the beautification program that was taken very seriously. He said that a condition of approval should be that the wrought iron and masonry elements should be all the way around the garden center.

The consensus of the ZBA was that the fence could be a combination of masonry and wrought iron.

Dan Lennington said that having the decorative fence would mitigate the negative impacts of the height.

Moved by Greg Honderd, seconded by Joyce Weise, to approve (VAR0602) Meijer Stores L.P., 550 Baldwin St., to have a fence with a height of 8 feet, a variance of 2 feet from the maximum of 6 feet permitted in Sec. 3.8(B), in a (CS) Community Service Commercial district, on a parcel of land described as P.P. # 70-14-13-300-075, located at 550 Baldwin St., Georgetown Township, Ottawa County, Michigan, on the basis that the request complies with the standards of the ordinance, and with the condition that the fence be a combination of masonry and wrought iron (or some other decorative metal other than chain link and no wood or plastic), to upgrade the entrance to the community.

Dan Lennington said that the request meets the standards of the ordinance because it is a unique situation of an outdoor garden center for a large retailer. He said that Sec. 3.8(B) of the ordinance allows a higher fence for security reasons and granting the variance upholds the spirit of the ordinance in regards to security. He said that in addition, it upholds the spirit of the ordinance for aesthetic reasons.

MOTION CARRIED.

#060125-04 – Adjournment

The meeting was adjourned at 8:45 p.m.