Zoning Board of Appeals Minutes

MINUTES

Cascade Charter Township Zoning Board of Appeals

Tuesday, January 10, 2006

7:00 p.m.

ARTICLE 1. Chairman Casey called the meeting to order at 7:00 p.m.
Members Present: Beahan, Casey, Crawley, Lewis, Vaughn, Alternate Neal
Members Absent: 2nd Alternate Richards (excused)
Others Present: Planning Director Peterson, Ordinance Enforcement Officer Korhorn, Admin. Assistant Hern and members from the public.

ARTICLE 2. Chairman Casey requested a motion for approval of the January 7, 2006 Agenda. Member Lewis motioned to add to the Agenda: the Pledge of Allegiance; Receive and File of Township Board Meeting Minutes and Planning Commission Meeting Minutes. Motion supported by Member Beahan. All were in favor, none opposed. The motion carried.

ARTICLE 3. Chairman Casey requested a motion for approval of the December 13, 2005 Meeting Minutes. Member Lewis requested on Page 12, third paragraph the words "ground mounted" be added before the word "signage" and motioned for approval. Member Beahan supported the motion. All in favor, with none opposed. December 13, 2005 Minutes approved as corrected.

Member Vaughn requested a correction be made on the attendees of the meeting: remove his name from attending; he was excused absent.

ARTICLE 4. Receive and File.

The following were received and filed by the Zoning Board of Appeals:
Planning Commission Minutes of October 3, 2005
Planning Commission Minutes of November 7, 2005
Planning Commission Minutes of November 21, 2005
Township Board Minutes of October 12, 2005
Special Joint Board Minutes of October 19, 2005
Township Board Minutes of October 26, 2005

ARTICLE 5. Case #05-2783 Kim Bekkering - 8815 52nd Street
(PUBLIC HEARING)
The applicant is seeking a variance that would allow a used car business to be run out of an accessory building at 8815 52nd Street.

Planning Director Peterson stated the Applicant is requesting a variance from Section 4.20 of the Zoning Ordinance (Home Occupation) that would allow her to run a used car dealership out of the accessory building on the property. The Zoning Ordinance specifically prohibits running a home occupation from an accessory building or garage. The property is located on the corner of Quiggle and 52nd Street.

He noted the Applicant recently came into the Township offices to obtain approval for renewal of her State license. The State law has recently changed and now not only requires the Township/municipalities to sign-off on the application but now requires Township/municipalities approval of the application. State law requires the business to be outside of the home; Township requires the business be run within the household, not out of an accessory building or a garage. As a result, Planning Director Peterson denied municipal approval of the state license since it can not be done in compliance with Township regulations. We have many home businesses within the Township, and they are allowed to operate as long as they meet the regulations of the Township.

There are other car dealerships in Cascade Township that Staff has signed-off on with the exception of one other similar car business being run out of a home. As you can see from the Class A and B license requirements , also included within the Boards' packets, are those regulations that prohibit a business being run out of the home itself. Planning Director Peterson noted the only other business he is aware of, in Cascade that is permitted is one (1) that is done with a wholesale license and not retail under the Class A and B license.

Planning Director Peterson referred to a list of similar businesses within the area that the Applicant provided. Planning Director Peterson noted out of those listed, one (1) is within the Township but no longer doing business and the other was denied; the others are not within the Township.

Planning Director Peterson noted the Findings of Fact by saying Staff's review of the Findings reveal that there is nothing exceptional in regards to this particular piece of property or this request. There are no unique circumstances to this case that would warrant an exception to the rule. Staff believes a variance of this type would create a situation where others would ask for a similar variance, and believes granting the variance would do more harm than good. Staff recommends that this variance be denied.

Planning Director Peterson noted he did invite Ordinance Enforcement Officer Korhorn tonight in case the Zoning Board had further questions.

Member Lewis asked for clarification to the terms "vehicles per isolated occasion" within the report and Planning Director Peterson clarified that there are three (3) different ordinances within Cascade Township that we would typically expect a business like this would have to contend with. Junk Vehicle Ordinance, Conspicuous display Ordinance and the Home Occupation Ordinance. The Conspicuous Display Ordinance limits the sale of vehicles to "one per isolated occasion". This Ordinance limits the sale of vehicles from residential property or commercial property unless part of a dealership such as Betten Automotive. It is limited to one (1) per isolated occasion and Member Lewis requested the meaning of "isolated occasion". Planning Director Peterson said the Township has reviewed these on a case-by-case basis.

Applicant Kimberly Thiel (Bekkering) noted her attorney was supposed to be present for tonight's meeting but detained in Ludington. She has been operating her dealership on the property for the past twelve (12) years and has been signed-off at least two (2) times prior to this. She noted she can apply for a wholesaler's license and that would increase the amount of traffic she has in and out of the property. She believes she distributes approximately twenty (20) to thirty (30) retail per year. Most people including, the neighbors, don't even know the type of business she does. The Applicant noted she meets State laws and has been there for twelve (12) years since the Township has signed-off on it. She cannot afford to have this business taken away from her now, she has spoken to Staff and it was told that the last sign-off was a mistake.

She also stated that all the vehicles on the property are operable and insured. The State provides dealers with a limited amount of magnetic license plates and those provided are not enough for all the vehicles on the property. She could take one (1) of the magnetic license plates off of one (1) vehicle and place it on another and drive it legally. The license plates are registered and legal for the vehicles on the property. Nothing would change as the business is now.

Member Lewis noted he has visited the location and asked if the vehicle in the far back of the property is operable, the Applicant indicated it is operable, plated and insured. The Applicant also noted that there are two (2) other businesses on Quiggle Street and those businesses bring in more traffic than her business does, the owners don't even live there, they are leased buildings.

Member Lewis motioned to open Public Hearing, supported by Member Vaughn. All in favor with none opposed. Public Hearing was opened.

Hubbard Capes of 8857 52nd Street is concerned his property value will decline if the variance is granted. Capes also noted he has known for a long time what she does for a living and hasn't had a problem with it but sees that if the variance were granted, the Applicant would be allowed to increase her business. If that were the case, that would have an impact on his situation since his property is right next-door. If the business were allowed to expand, there would be more vehicles, more lighting, security and delivery of vehicles delivered in the night, which he's experienced before. He also expressed concern the increase in traffic if the variance were granted.

Melvin Wubben of 8715 52nd Street has property west of Quiggle, across the road from the Applicant. He has three (3) acres of open field he owns that has never been fenced and he maintains so it is not overgrown. Wubben expressed his concern of overflow from the Applicant of vehicles onto his property and concerned that 52nd Street could be used for test-driving the vehicles.

Applicant Thiel addressed the public's concerns by noting she has been operating the business for the past twelve (12) years and it has been shrinking over the past few years, she's planning to retire. She stated the vehicles would not overflow into the open field. Applicant Thiel also said she could apply as a wholesaler if she is not allowed to continue as retail sale if the variance is denied. As a wholesaler, this would increase the traffic onto her property. The less retail she is allowed to do, the more wholesale she will have to do and that involves shipping the vehicles in and out on a daily basis.

Chairman Casey asked Staff if they have received and letters or phone calls regarding this variance. Planning Director Peterson noted a couple of phone calls inquiring about the meeting tonight but nothing received regarding public's opinion to the case, no letters have been received.

Member Lewis asked if the Applicant could, in fact, become a wholesale dealer and Planning Director Peterson said she could apply but would still have to meet all the regulations set forth by the Township and State. So, to say the dealership will bring in twenty-five (25) cars, they are still required to meet all the other requirements of the ordinance. Planning Director Peterson noted it is important to remember, as Mrs. Bekkering pointed out, that the business has been there to begin with. That is correct, the Township did sign off on at least one other state application from 1998. However, that simply allowed for the business to occur, she still had to run te business within our regulations which she has not done. To simply change to a wholesalers license will not allow her to get around our regulations. She could not increase the number of cars or business by going to a wholesalers license.

Chairman Casey requested Ordinance Enforcement Officer Korhorn to provide his past knowledge of the history and compliance of the business has been.

Cascade Township Ordinance Enforcement Officer Korhorn said since the mid-1990s the Township has received numerous complaints from neighboring properties regarding the numerous vehicles that are parked and stored on the property. Township sent a letter that she was in violation of the Junk Vehicle Ordinance since numerous vehicles did not have the proper license on them. To comply with the Junk Vehicle Ordinance, all vehicles have to be licensed and operable. The vehicles he saw were numerous at the time and numerous vehicles did not have proper licensing, therefore considered Junk Vehicles. A letter was sent to the Applicant stating she would need to comply with the ordinance.

Ordinance Enforcement Officer Korhorn noted the Applicant did come into the Township Offices after receiving the letter showing a signed dealer's license allowing her to operate the business as she was, at the time he was unaware of the signed license. Chairman Casey clarified that Ordinance Enforcement Officer Korhorn's interpretation, at the time, was that the Applicant was allowed to operate the business. Ordinance Enforcement Officer Korhorn confirmed, yes.

Ordinance Enforcement Officer Korhorn advised the Township Planner at the time not to re-sign the license when it came for renewal in 1998 and unfortunately, the Township Manager signed it because the Planner was unavailable at the time and because it was signed-off, the Manager not knowing at the time it was not supposed to be renewed, thought the request was meeting Township regulations since it was signed-off in the past. Ordinance Enforcement Officer Korhorn then informed the Applicant that what she was doing at the time was not within compliance of the Home Occupation ordinance and the other two (2) ordinances listed and therefore, had to wait for this year's renewal. He visited the property on December 21st and took photos of the vehicles in violation that he distributed to the Zoning Board for their review.

Applicant Thiel stated that not all the vehicles have license plates because the State only allows a maximum number of dealer plates per dealership and she is unable to obtain one (1) license plate for each vehicle. All these plates are magnetic and she can take them off of one vehicle and put it on another and it is licensed and insured through the dealership. She ensured all vehicles are operable and licensed under the transferable dealer plates.

Member Beahan asked if the variance were approved, would the Applicant have to meet the State expanded requirements listed in Class A and B regulations included within the Board packets? Planning Director Peterson noted the Applicant would have to comply with State regulations and one of the key regulations of the State is to comply with local zoning and municipal authority requirements. He also noted State requirements allow up to ten (10) vehicles on property, the Township's ordinance allows up to four (4) vehicles outside of ones within an enclosed structure. State also requires office to be in an exterior building; Township requires the business be run from within the household and not from a garage or accessory building. Planning Director Peterson noted the State made the recent expanded requirements January 2006.

Member Beahan motioned to close the Public Hearing, supported by Alternate Neal. All in favor with none opposed. Public Hearing closed.

Member Beahan asked if the Applicant had an attorney enroute and questioned if the attorney should be present for the Hearing. Applicant Thiel noted the attorney did not need to be present and was planning to attend to answer any questions the Zoning Board may have; she has until the end of the month to submit the application for a new State license.

Chairman Casey opened the meeting for Board comments.

Member Vaughn noted the State requirements mandate municipal approval. Planning Director Peterson noted he did speak with State representatives and the State says now they require municipal/Township approval, before they only requested a sign-off.

Member Lewis noted that the Findings of Fact, what the Zoning Board refers to in making decisions, there really is not any justification to approve this variance. He has seen situations where larger governments trump us, and when the State says you will comply with municipal ordinances and you review the Township ordinances and they say you cannot operate a home business in a free-standing building, it has to be within the home itself, he always felt this is a fair way of doing it and allowing home businesses within the Township. If this variance were granted, this would be opening up a bag of worms if they were to approve this and believes that if a business, were run out of an accessory building, that would negatively impact the neighborhood. Based on those reasons, he has a difficult time giving a positive vote for this particular issue.

Chairman Casey also stated that every accessory building the Township Planning Commission has approved has specifically required that the accessory building is not part of a business.

Member Lewis motioned for denial of this variance request due to:
1) The Findings of Fact does not meet the conditions.
2) If the ordinance were expanded, it would have a negative impact on the neighborhoods.
3) State requests that the Applicant meet Township ordinances, this does not. He also noted, this would set a precedent for others.
The motion was supported by Member Crawley. All in favor with none opposed, Variance request denied.

ARTICLE 6. Election of Officers

Member Lewis noted Chairman Casey is eligible to serve a second-year term as Chairman of the Zoning Board. Lewis motioned for Chairman Casey to continuing serving a second year as Chairman of the Zoning Board of Appeals, supported by Member Beahan. All in favor with none opposed. Motion passed.

Member Casey noted serving, as Chairman of the Zoning Board, has been a very useful experience. Member Lewis encouraged other Board Members to consider serving as Chairman in 2007.

Planning Director Peterson also noted the position of Vice-Chairman needs to be appointed as well.

Member Beahan motioned Member Lewis serve a second year as Vice-Chairman of the Zoning Board of Appeals, supported by Alternate Neal. All in favor, with none opposed. Motion passed.

ARTICLE 7. Any Other Business
Member Lewis noted that at the December 2005 Zoning Board Meeting he suggested the Centennial Park P.U.D. be dissolved and asked what the proper direction would be to address the Centennial Park zoning issue. Planning Director Peterson noted the Township Board has directed staff to start working on this issue.

ARTICLE 8. Member Lewis supported by Alternate Neal moved to adjourn. The motion carried and the meeting was adjourned at 8:00 p.m.

Respectfully submitted,

Jack Lewis, Secretary

JL:LH

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