MINUTES OF THE REGULAR MEETING OF THE GEORGETOWN CHARTER TOWNSHIP ZONING BOARD OF APPEALS HELD FEBRUARY 27, 2008

 

The meeting was called to order at 7:30 p.m. by Vice-Chairperson John Fanthorpe.

 

Members Present:        John Fanthorpe, Greg Honderd, Stanley Sterk, Carl DeVree and substitute

member Don Upp

Members Absent:        Joyce Weise

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

 

#080227-01 – Election of Officers

 

Moved by Stan Sterk, seconded by Don Upp, to leave the offices as they are, Joyce Weise-chairperson, John Fanthorpe-vice chairman, Carl DeVree-secretary.

 

MOTION CARRIED.

 

#080227-02 - Approval of the minutes

 

The minutes of the regular meeting held on January 23, 2008 were presented.

 

Moved by Stan Sterk, seconded by Don Upp, to approve the minutes of the regular meeting held on January 23, 2008, as presented.

 

MOTION CARRIED.

 

#080227-03 – (VAR0803)

 

Universal Sign (for Advantage Health Physician Network), 5001 Falcon View Dr. SE, Grand Rapids, is requesting to have a ground-mounted sign located 47 feet from the centerline of 20th Ave., a variance of 28 feet from the 75 feet required in Sec. 25.6(B)(2), in a (NS) Neighborhood Service Commercial district, on a parcel of land described as P.P. # 70-14-15-200-031, located at 7782 20th Ave., Georgetown Township, Ottawa County, Michigan.

 (submittal material)

 

The chairman opened the public hearing. 

 

The zoning administrator presented a review as follows.

 

REQUEST

 

The request is to construct a new sign for the Advantage Health building on the northeast corner of 20th Ave. and Georgetown Center Dr.  A sign currently exists closer to the centerline of 20th Ave. and the proposal is to replace the sign with a new one 47 feet from the centerline of 20th Ave. which is a location with a greater setback than currently exists.  If the new sign was to be located at a spot 75 feet from the centerline of 20th Ave. as required by the ordinance, it would be located either in the center of the parking lot or else amongst mature trees at the corner area where it would not be visible from either street.

 

HISTORY

 

On August 21, 1996, the Planning Commission approved a site plan for the building and designated the location of the sign as 48 feet from the center line of the road.  Since that time, Chapter 24 was amended to require the extra distance for a setback on 20th Ave.  The following is an excerpt of the minutes of that meeting.

 

#960821-05 - (ST9618) Site Plan for Jack Weiner-7782 20th Ave.

 

Issues raised at previous meetings have been addressed, including aligning the driveway, landscaping and sign location.  Discrepancies between the two plans have been corrected, except the sign location is different on both plans.  The applicant indicated that the sign will be located 48 feet from the road center line.

 

Moved by Holtvluwer, seconded by DeGood, to approve the revised site plan and landscape plan dated 8-9-96, with the sign to be located 48 feet from the road center line.

 

MOTION CARRIED.

 

The following documentation provides details as to how the determination has been made of either meeting or not meeting ordinance standards.

 

Variance standards in Sec. 28.11(C) are required to be met in order for a variance to be granted.  The standards that have objectively been determined to be met are noted with an “X” in the “yes” column and those not met are noted with an “X” in the “no” column.  The ZBA should determine if they agree with the review.  The ZBA should determine if those standards not marked are met.

 

 

Variance ID

 

VAR0803

 

Applicant

 

Advantage Health Physician Network

 

Address

 

7782 20th Ave.

 

Request

 

Sign setback

 

Date

 

Applied for February 27, 2008 meeting

 

 

#

 

YES

 

NO

 

CONDITIONS (Chapter 28.11-C)

1

X

 

Granting the variance(s) will be in the public interest and will ensure that the spirit of the Ordinance shall be observed.

2

X

 

Granting the variance shall not permit the establishment within a district of any use which is prohibited, nor shall any use variances be granted.

3

X

 

That there are practical difficulties in complying with the standards of the Zoning Ordinance resulting form exceptional, extraordinary, or unique circumstances or conditions applying to the property in question, that do not generally apply to other property or uses in the vicinity in the same zoning district; and have not resulted from the adoption of this Ordinance.

4

X

 

That the granting of such variance will not be of substantial detriment to adjacent properties or improvements in the vicinity; or, that the application of conditions of an approved variance will eliminate or sufficiently mitigate potential detrimental impacts.

5

X

 

That granting such variance is necessary for the preservation of a substantial property right possessed by other properties in the vicinity in the same zoning district.

6

X

 

That granting such variance will not cause any existing non-conforming use, structure, or condition to be increased or perpetuated, contrary to the provisions of Chapter 27 of this Ordinance, except in accordance with Section 27.12.

7

X

 

That the variance is not necessitated as a result of any action or inaction of the applicant.

 

Findings.

The determination could be made that all the standards have been met for the request.  The ZBA should discuss those findings and determine if they agree with the determinations.  The following is provided for information and discussion.

 

Standard #1 - Granting the variance will be in the public interest and will ensure that the spirit of the Ordinance shall be observed.

 

Met.  The spirit of the ordinance is to provide setbacks for structures and buildings to provide for any future widening of 20th Ave.  The medical office building and sign were constructed prior to the adoption of the ordinance requiring the extra distances on the roads identified in Chapter 24 footnote b.  The ordinance recognizes that businesses should be allowed to have both a freestanding sign (ground mounted) and wall sign.  With the location of the parking lot, it would be difficult to meet the setback requirement because it would be located in the parking lot or amongst mature trees. 

 

Standard #2 - Granting the variance shall not permit the establishment within a district of any use, which is prohibited, nor shall any use variances be granted.

 

Met.  The use would continue to be the same.    

 

Standard #3 - That there are practical difficulties in complying with the standards of the Zoning Ordinance resulting from exceptional, extraordinary, or unique circumstances or conditions applying to the property in question, that do not generally apply to other property or uses in the vicinity in the same zoning district; and have not resulted from the adoption of this Ordinance.

 

Met.  The unique circumstances of the property are the fact that this site, both the building and the sign, were constructed prior to the adoption of the ordinance requiring the extra distances for setbacks.  If the sign were to be located in the required location, it would be in the center of the parking lot or else it would have to be located off the lesser traveled road of Georgetown Center Dr. in the midst of mature trees (see the pictures after the review).

 

Standard #4 - That the granting of such variances will not be of substantial detriment to adjacent properties or improvements in the vicinity; or, that the application of conditions of an approved variance will eliminate or sufficiently mitigate potential detrimental impacts.

 

Met.  It does not appear that granting the variance would be a substantial detriment to adjacent properties or improvements in the vicinity due to the fact that other businesses in the area have legal non-conforming signs located in nearly the same locations.  In addition, the sign has been at this location for many years without being detrimental to the vicinity.

 

Standard #5 - That granting such variance is necessary for the preservation of a substantial property right possessed by other properties in the vicinity in the same zoning district.

 

Met.  Other properties in the vicinity have varying setbacks, some closer to the road and some farther away.  In every instance possible, signs are required to be located in a spot that meets ordinance requirements.  For those that could not meet the ordinance, a variance would have to be obtained.  The business has a right to have a sign.  Other variances have been granted for signs for existing businesses in the Township that were constructed prior to the adoption of the ordinance requiring the extra setbacks and when relocating the sign would be impractical as follows:

 

1.      (VAR0603) Dr. Mitch Dadd, 657 Baldwin;

2.      (VAR9801) Strikers, 3003/305 Baldwin;

3.      (VAR0137) Dr. Mark Powell, 2076 Baldwin;

4.      (VAR0105) Ken and Sherri Meines for Red Tomato Restaurant, 428/450 Baldwin; and

5.      (VAR0317) BP Gas, 2805 Port Sheldon.

6.      (VAR0609) Chase, 615 Baldwin

 

Standard #6 - That granting such variance will not cause any existing non-conforming use, structure, or condition to be increased or perpetuated, contrary to the provisions of Chapter 27 of this Ordinance, except in accordance in Section 27.12.

 

Met.  The front yard setbacks for the parking lot and the sign are currently non-conforming.  The existing sign is located too close to the centerline of 20th Ave.  However, the applicants have proposed a greater setback, therefore, decreasing the nonconformity. 

 

Standard #7 - That the variance is not necessitated as a result of any action or inaction of the applicant.

 

Met.  The variance was necessitated by the adoption of the ordinance requiring the greater setbacks on the major streets in the Township.    

 

Discussion

 

Minutes from the meeting when a similar variance was approved for a sign location for an existing business structure on Baldwin have been provided.  In addition, similar variances were granted for Strikers on Baldwin, Dr. Powell’s Dentist on Baldwin, for BP Gas Station on the corner of Port Sheldon and 28th Ave., for the Chase Bank on Baldwin and for the (former) Red Tomato Restaurant at 450 Baldwin.  The situation of non-conforming signs for existing businesses along the major street where businesses currently exist and the changing of these non-conforming signs has been an on-going situation with the Township.  In all instances possible, the signs are required to meet ordinance requirements.  However, it is sometimes difficult with those sites that were constructed prior to the adoption of the ordinance that requires the extra setbacks due to the existing parking and structures.  It is recognized that these businesses have a right to have a sign to identify the site.  It appears as though this is an instance where the ordinance provided for relief through the ZBA.

 

 

Jack Vos, Universal Sign, represented the applicant and stated that Ann Abrahams, Advantage Health, was also present.  He presented the request as follows.  Advantage Health has added an x-ray service and wants to inform the public that the service is available.  The sign needs to be updated to direct the public to this service and to inform the people where to go.

 

Greg Honderd stated that the applicant did a nice job on the site plan illustrating the hardship.

 

No one was present to speak on this topic at the public hearing.

 

It was noted that the following similar variances were granted:

 

1.      (VAR0603) Dr. Mitch Dadd, 657 Baldwin;

2.      (VAR9801) Strikers, 3003/305 Baldwin;

3.      (VAR0137) Dr. Mark Powell, 2076 Baldwin;

4.      (VAR0105) Ken and Sherri Meines for Red Tomato Restaurant, 428/450 Baldwin; and

5.      (VAR0317) BP Gas, 2805 Port Sheldon.

6.      (VAR0609) Chase, 615 Baldwin

 

Moved by Don Upp, seconded by Carl DeVree, to approve the variance request for (VAR0803) Universal Sign (for Advantage Health Physician Network), 5001 Falcon View Dr. SE, Grand Rapids, to have a ground-mounted sign located 47 feet from the centerline of 20th Ave., a variance of 28 feet from the 75 feet required in Sec. 25.6(B)(2), in a (NS) Neighborhood Service Commercial district, on a parcel of land described as P.P. # 70-14-15-200-031, located at 7782 20th Ave., Georgetown Township, Ottawa County, Michigan, (submittal material) based on compliance with the seven standards and based on the following reasons:

 

1.      This is a site and structure that has existed prior to the adoption of ordinances which affect setbacks and the location of the sign.

2.      At least six other variances were granted for signs in the Township in similar situations.

3.      The standards of the ordinance have been met and the spirit of the ordinance has been met.

4.       The variance will be in the public interest and will ensure that the spirit of the ordinance is observed because the sign was pre-existing prior to the adoption of the ordinance that required the new location.   

5.      There are practical difficulties in complying with the standards of the ordinance because the relocation of the sign would place it in the middle of a parking lot or driveway or amongst mature trees if located closer to Georgetown Center Dr.  Also, the new sign location will reduce the non-conformity because there will be a greater setback.

6.      The sign has existed in this location without being detrimental. 

7.      Granting the variance is necessary for the preservation of a property right because signs are very important to the business.  Other business signs in the area are nonconforming as well, and are located the same distance from the centerline of 20th Ave.

8.      It was not action of the applicant that required the variance, but rather the action of the Township by adopting the ordinance requiring the extra distance and the Road Commission for widening the street.

 

and with the following conditions:

1.       The applicant would incur all expenses relating to relocating the sign if it ever should have to be moved in the future due to any further road widening.

2.      The applicant obtains a sign permit for this and any further sign changes and would meet the ordinance in every other regard except for elements approved by the ZBA.

 

MOTION CARRIED.

 

#080227-04 - Adjournment

 

The meeting was adjourned at 7:48 p.m.