Zoning Board of Appeals Minutes

MINUTES

Cascade Charter Township Zoning Board of Appeals

Tuesday, June 15, 2004

7:00 pm

ARTICLE 1. Chairman Beahan called the meeting to order.
Members Present: Beahan, Casey, Estes, Lewis.
Members Absent: Crawley (excused), Timmons (unexcused).
Others Present: Planner Deem, Admin. Assistant Thompson and those listed on Supplement #1.

ARTICLE 2. The agenda was approved on motion by Member Lewis and supported by Member Casey. The motion carried.

ARTICLE 3. The Minutes of the May 11, 2004 meeting were approved on motion by Member Lewis and supported by Member Estes. The motion carried.

ARTICLE 4. The Planning Commission Minutes of May 3 and May 17, 2004 were received and filed.

ARTICLE 5. Case #03-2560: Cascade Car Wash
One year review of 2003 approval to allow seasonal use of a 10' x 20' tent for detailing purposes at 6771 Old 28th Street.

Planner Deem related back in May of 2003 the applicant came in for permission to put up a tent for car detailing purposes. The tent was approved with two conditions: 1) the tent be allowed until the end of October and 2) the applicant return in one year for a review. The applicant is here tonight for the review. Planner Deem related he is recommending the use again be allowed with the same two conditions as last year. There were no complaints received from last year.

The applicant, Roger Buys of 6771 Old 28th Street, was present. Mr. Buys related the tent worked pretty well last year. There was a big wind at the end of the season and moved the tent 10-20 feet so the tent was taken down. The weather this spring has been tough to do detailing with all the rain. The tent would definitely help with the detailing again this year. Mr. Buys related they are doing it on a slower scale this year and have not advertised it yet. One of his managers that did the detailing last year is no longer with employed there. Last week we did two or three cars.

Member Lewis related this will be the second year. He ask how many more years are you planning for a temporary building to do what you are doing? He asked if there is any place to move it on a permanent basis. Mr. Buys related last year we did it on a trial basis. There is no place in the car wash building to do detailing. The employees work on a commission type basis to do the detailing. It would be great to have a permanent facility to take the cars to. He will give it some thought this year. It is pretty much a seasonal business.

Member Lewis related he is having a difficult time with this. He was not present a year ago when this was originally approved. Member Lewis related after reading the ordinance he does not think it is specific to this request. When granting a variance, there are criteria we use. The hardship in this request was created by the applicant. Also, we can't give a variance to one person over another. Member Lewis related he is having a difficult time approving this request based on precedent. One year should be enough time to see if it is financially advantageous, etc. His concern with the precedent is what is to prevent another business using a temporary building, etc. We have an ordinance that says we should have permanent buildings. Member Lewis related he would like to hear the reason why it was approved last year.

Planner Deem related the applicant is not seeking a variance under the ordinance for a temporary structure. It is relief from the time frame than what Staff is allowed to permit so it comes before the Zoning Board of Appeals. The structure is allowed, the issue is the time frame. Under other temporary structures relief is allowed through the Zoning Board of Appeals. That is something everyone would have the opportunity to apply for.

Mr. Buys cited the Christmas tree sales that the Westons do every year for 4-5 weeks.

Planner Deem related he is using the criteria from Section 4.18.4 of the Zoning Ordinance.

Chairman Beahan related he compared it to what Meijer is doing with the temporary garden center each spring. He feels it is fairly similar.

Member Casey related last year the main thing was we saw this as an extension of his business and the tent was needed to do a quality detail job out of direct sun. There were no complaints. Member Casey related he cannot disagree with some points brought up tonight. If we approve this tonight, there could be a precedent concern. It is a valid point if we give them a temporary building and someone else has to have a permanent building.

Member Estes related last year it was a new venture and the applicant was not sure it would be feasible for long term and we were willing to allow it for one year. He assumed if it was successful the applicant would look for a more permanent solution. He is struggling with the request this year.

Chairman Beahan related we all knew last year this was going to be reviewed and we did not imply he would have to have a permanent structure in the future. It is already the end of June.

Member Casey related it would be fair to approve it tonight on the stipulation that this might be the last time reviewing it because we can't have a precedent for tents and they have been used for a lot of things.
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Chairman Beahan suggested approving the request for this year and next year the applicant should go before the Planning Commission and Township Board for a Type II Special Use Permit. That would be for a seasonal use permit similar to what Meijer has for the temporary garden center.

Member Lewis related this is a temporary building which will never be a permanent building. He asked about signs and banners on the tent.

Mr. Buys related he put the sign on the inside of the window of the car wash. When he see banners around the township on other businesses, his first reaction is to tell somebody at the Township about them.

Planner Deem related we are putting together a letter to send to all the businesses before the end of the week. The letter will inform businesses of the Township sign regulations.

Member Estes related he is not adverse to approving it this year. Next year the applicant should be looking for a permanent solution.

Member Lewis supported by Member Estes moved to approve the use of a 10' x 20' tent for detailing purposes with the understanding that a year from now this request for approval of the temporary use would be sent to the Planning Commission and Township Board for a Special Use Permit.

Member Lewis related he hopes the applicant has the message that a permanent base should be looked into.

The motion carried.

ARTICLE 6. Any Other Business

None presented

ARTICLE 7. Adjournment

Member Estes supported by Member Lewis moved to adjourn. The motion carried and the meeting was adjourned at 7:31 pm.

Respectfully submitted,

Mel Casey, Secretary

MC:MJT

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