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Zoning Board of Appeals Minutes

Cascade Charter Township Zoning Board of Appeals

Tuesday, January 14, 2003

7:00 pm

ARTICLE 1. Vice Chair Lewis called the meeting to order.

Members Present: Beahan, Casey, Lewis, Robinson, Wilson

Members Absent: Estes (excused) and Timmons (unexcused).

Others present: Planning Director Peterson, Admin. Assistant Thompson and those listed on Supplement #1.

The Vice Chair from 2002 – Jack Lewis – called the meeting to order and acted as Chairman for the Election of Officers.

ARTICLE 2. Election of Officers &

Vice Chair Lewis welcomed new 1^st Alternate Member Mel Casey to the Board.

Vice Chair Lewis then called for nominations from the floor.

Chairman Beahan acted as Chairman for the remainder of the meeting.

ARTICLE 4a. The Planning Commission Minutes of:

September 16, 2002

October 7, 2002

October 21, 2002

November 4, 2002

November 18, 2002

December 16, 2002

were received and filed.

(PUBLIC HEARING)

The applicant requested a variance to allow the construction of a new driveway ten feet closer to the existing driveway at 5505 – 33^rd Street.

(Member Wilson entered the meeting at 7:05 pm).

Planning Director Peterson related the property is located on the northwest corner of Kraft Avenue and 33^rd Street. Originally this was a ten acre parcel and has been split to build this building on the south five acres. The applicant received site plan approval from the Planning Commission at their January 6, 2003 meeting. One condition of that approval was to receive a variance for the driveway location. Access to the site was definitely an issue during site plan approval. It is difficult to meet the Township ordinance in regard to spacing alignment as well as the County standards. There is a small area which would meet the Township requirement on Kraft Avenue but the County would not issue a driveway permit at that location. Planning Director Peterson pointed out the proposed driveway location near the west property line. Planning Director Peterson referred to Appendix B of the Zoning Ordinance and related because 33^rd Street is considered to be a local street, the driveways are required to be spaced at 100 foot intervals. The actual posted speed limit on 33rd Street is 35 miles per hour which would require a driveway spacing of 160 feet. But this section of the Zoning Ordinance has not been updated since its adoption in 1993. Planning Director Peterson related the applicant is seeking relief from the Zoning Ordinance for ten feet to have the driveway located 90 feet away from the driveway at 5503 – 33^rd Street. There will be no access to Kraft Avenue unless a joint driveway with the property owner to the north can be worked out. Planning Director Peterson recommended approval of the applicant’s request. He also related it may be time for the Planning Commission to look at updating that section of the Ordinance.

Member Robinson asked what are the pros and cons of a Kraft Avenue driveway? Planning Director Peterson responded access for the property owner but an additional drive to an internal road can cause problems especially now that the 33^rd Street extension is a reality.

Member Wilson asked they could do a joint driveway if the other property owner agreed? Is that really an option? Planning Director Peterson responded the property owner to the north has said no to a joint driveway.

Member Wilson asked the reason for this alternative access was for trucks? Planning Director Peterson responded this is their only access. The people to the west have their main drive further down to the west. This is a truck access for them with a smaller parking lot.

Member Wilson related if they are going to be using it for trucks would a Kraft Avenue access be better for that? Planning Director Peterson related 33^rd Street is a four lane road in the middle of the industrial district. It is sufficient for truck traffic.

The applicant, Karlis Mateus, of 6060 Sagebrook Drive in Ada, related a lot of those issues we talked about with the property owner to the north. A couple of options were discussed. We desired something off Kraft Avenue. The County very adamantly said no driveway at that location on Kraft. Thirty-third Street was really our only option. The reason is for trucks. If we put a driveway out to Kraft with the position of the building and the setbacks we would lose a lot of land and that would prevent expansion later on. The Kraft driveway will not happen anyway. This is to separate the employee traffic from truck traffic.

Member Beahan asked how much truck traffic is there. Mr. Mateus responded two to four trucks per day with a UPS truck twice a day.

Planning Director Peterson related he received no comments regarding the request.

There being no one else to speak on the matter, Member Lewis supported by Member Wilson moved to close the public hearing. The motion carried and the public hearing was closed.

Member Lewis related part of our job as Zoning Board members is to explore alternatives and the applicant has done that. At a different location those alternatives could be pursued. This site is on a road with a low speed limit. The driveway spacing requirement is made to limit the number of driveways for safety purposes. I don’t see where granting a variance on a road with limited access and a limited speed limit would be a safety factor in granting the variance.

Member Lewis supported by Member Wilson moved to grant the variance.

Member Wilson related it is important to bring up the issue of safety for employees and that has to be taken into consideration. Having employees come in the east drive with trucks would create safety issues. We have the option to make things a little easier and safer with granting the variance.

Member Lewis related he would like clarification on the request to the Planning Commission to look into updating the ordinance. Planning Director Peterson related now may be a good time to update the ordinance. Chapter 19 addresses driveway spacing. Appendix B shows the road with a 30 mph speed limit. It is actually posted at 35. If Appendix B showed the road at 35 mph there would be a required spacing of 160 feet between driveways. Planning Director Peterson related he will place that on the Planning Commission Work Plan for 2003.

None presented.

Respectfully submitted.

Claude Robinson, Secretary

CR:MJT

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