Zoning Board of Appeals Minutes

MINUTES
Cascade Charter Township Zoning Board of Appeals
Tuesday, April 10, 2007
7:00 p.m.

ARTICLE 1. Chairman Vaughn called the meeting to order at 7:02 p.m.
Members Present: Vaughn, Beahan, Casey, Crawley, Lewis, Alternate Neal
Members Absent: 2nd Alternate Richards (excused)
Others Present: Planning Director Peterson, Admin. Assistant Hern, and members from the public.

ARTICLE 2. Pledge of Allegiance

ARTICLE 3. Chairman Vaughn requested a motion for approval of the April 9, 2007 Agenda.

Member Beahan motioned for the approval of the April 9th ZBA Agenda with support from Member Casey. All were in favor, none opposed. The motion carried, April 9, 2007 Agenda approved.

ARTICLE 4. Chairman Vaughn requested a motion for approval or corrections of the March 13, 2007 Meeting Minutes.

Member Beahan noted under Article I "Members Present" Member Crawley needs to be listed under "Members Absent" with an excused absence and under "Members Absent" remove the name Postma.

Member Beahan also requested a spelling correction on Page 7, fourth paragraph to correct "Ray Carry of 2656 Wyndon" to: "Ray Carey of 2656 Wyndham".

Member Lewis motioned to approve the March 13, 2007 ZBA Meeting Minutes with the corrections, supported by Member Beahan. All in favor with none opposed. March 13, 2007 Zoning Board of Appeals Meeting Minutes approved as corrected.

ARTICLE 5. Case #07-2864: Thornhills Properties, LLC
Property Address: 2845 Thornhills SE
(PUBLIC HEARING)

Chairman Vaughn noted the Applicant is requesting re-authorization of variances for north buffer yard and curb cut location for north driveway originally issued in 2004.

Planning Director Peterson this same request was before the Zoning Board a couple of years ago. The only activity on the parcel has been the demolition of the old building and they have not started their construction project and since these variances have not been acted upon, they have expired.

What the Zoning Board is doing this evening is re-authorizing the two (2) variances that were for the driveway location on the north side of the property as well as a buffer yard on the north side of the property.

The site plan that is included within the Board's packets is consistent with the Board's approval from 2004. Staff recommends approval of the variances.

The site plan has changed slightly in terms of the building size and shape and these items will be addressed at the Planning Commission Meeting for site plan approval. Staff also included the easement agreement that the Developer, Mr. Gantos, executed with the bank.

Chairman Vaughn opened the meeting for questions of Staff.

Member Lewis noted that the site plan has changed and the site plan the Zoning Board reviewed two (2) years ago was approved with variances. He asked Staff if they are comfortable with the new site plan, as presented and will be presented to the Planning Commission, would not have an impact on the variance requests? Planning Director Peterson said that Staff is comfortable and clarified that the site plan has changed regarding the size and shape of the building but nothing has changed in regards to the variances that were requested or approved. This site plan is consistent with the previous site plan and the variances allowed. Member Lewis noted that the building size has changed and if the Zoning Board were to grant the variances, does the change in the building's size and shape impact the variances? Planning Director Peterson said it would have no impact on the variances.

There were no other questions of Staff and Chairman Vaughn invited the Developer, Mike Gantos, to provide any comments he may have to the Zoning Board of Appeals.

Mr. Gantos noted that he believes he has been before the Zoning Board twice prior to this request with the last time being in March 2006.

He noted that the new site plan has been developed to match the previously approved flow and through put for vehicles.

Mr. Gantos also said that he has just learned that there is an issue with some of the demolition debris being blown off site and he has contacted the contractor who said he would work on cleaning the debris up. Mr. Gantos told the contractor that some of the debris has blown over to Sentinel Pointe and is creating a problem and the contractor said he would send a cleaning crew over.

Member Beahan asked when the deadline is for the clean up and Mr. Gantos said that the contractor indicated he would have the debris cleaned up by tonight's meeting. Member Beahan said it has not been done and he has received a phone call at the Township Offices from a Sentinel Pointe resident and a resident also personally visited the Township Offices to complain about the debris. Mr. Gantos said he would contact the contractor and follow-up with Member Beahan with the contractor's targeted date for clean up.

Member Lewis asked if the clean up of the debris should be a condition of approval and if approval of the variances is granted without the condition and the clean up is not done, how can the Township ensure the debris will be cleaned up. Mr. Gantos asked if the Township assesses a fine onto the contractor who is supposed to clean up the debris or the developer? He just became aware of the problem recently and did contact the contractor requesting the clean up. Mr. Gantos is not sure where the debris is nor how much and is willing to meet with someone out there to review the site and surrounding areas. He is willing to push the contractor into the deadline the Township gives him but cannot control the contractor to actually do it. Mr. Gantos asked what other options he has if the contractor does not comply with his request to clean up the debris. Member Beahan noted that the longer Mr. Gantos waits, the less debris there will be to pick up as it is being blown off the site and further into the woods. Member Beahan said there is a lot of loose insulation that came from the site and this was also a problem during deconstruction. The debris has blown through the parking lot and is now trapped in the gullies as well. Mr. Gantos asked if the Zoning Board would like him to request the contractor to clean up the area by the end of next week and Member Beahan said he, personally, would like to see it cleaned up tomorrow. Mr. Gantos asked the Zoning Board for a deadline so he can notify the contractor.

Member Lewis understands that Mr. Gantos will be before the Planning Commission on Monday and Planning Director Peterson said he is scheduled for the April 16th Planning Commission Meeting. Member Lewis said he serves on the Planning Commission and suggested the deadline for clean up by Monday's Planning Commission Meeting and if the debris is not cleaned up by Monday's meeting he will add a condition. Mr. Gantos said he would have it done by Monday's meeting.

Chairman Vaughn asked for any other questions and there being none he opened for a motion to open the Public Hearing.

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

Chairman Vaughn asked Staff if they received any public comments, phone calls or letters regarding the project. Planning Director Peterson said he did not receive any phone calls or letters regarding the project. Member Beahan noted the phone call he received at the Township Offices and a pedestrian who was on the pathway who came down to the Township Offices to complain about the debris coming off the site.

Chairman Vaughn invited any public members to speak regarding their comments of the project. No public comments.

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

Chairman Vaughn opened the meeting for Board Members' discussion.

Member Lewis said the Zoning Board has reviewed in depth the pros and cons of the variances that were offered in 2004 and he is satisfied that any change that has occurred in the site plan (i.e. the size and shape of the building) the location of the building does not provide a negative influence from what has been decided in the past. He believes the conditions are the same from what was voted upon before, that he voted favorably last time, and the curb cut and north buffer yard have not changed.

Member Lewis motioned that the Applicant's request for re-authorization of variances for the north buffer yard and curb cut location for the north driveway be re-issued, Member Beahan supported the motion.

Chairman Vaughn opened the meeting for discussion and Member Beahan asked if this includes the clean up by Monday, April 16, 2007? Member Lewis said this is more of a verbal understanding with the Developer and he will be attending the Planning Commission Meeting as a representative of the Zoning Board of Appeals and at that time if the debris is not cleaned up, the issue will be addressed at that time.

Member Casey noted to Mr. Gantos that his contract with the contractor should have a clean up clause and he would have presumed that he would have gone out and checked on his contractor's work. Mr. Gantos said the contractor is not completely done with the demolition yet and still needs to break down the concrete and the footings. Member Casey asked Mr. Gantos if he walks the site and Mr. Gantos said he does occasionally and was not aware that the debris was being blown off site, Staff just recently notified him of the issue and he, in turn, notified the contractor that it needs to be cleaned up. Member Casey referred to a demolition across the street near Wendy's and debris was blown off site due to west winds; the debris was cleaned up within two (2) days.

Member Lewis noted that since the demolition is not complete, Mr. Gantos has not made his final payment to the contractor and this may be the answer to his question earlier of how to control the contractor to clean it up as he has said he would.

Being no further discussion from the Zoning Board, all were in favor with none opposed. Motion carried and the variance was approved.

ARTICLE 6. Any Other Business
Chairman Vaughn opened the meeting for other Zoning Board business.

Planning Director reminded the Board of a special Zoning Board Meeting on Wednesday, April 18, 2007 at 7:00 p.m. in the Wisner Center and Member Crawley has already informed Staff that he is unable to attend.

ARTICLE 7. Member Beahan supported by Member Neal moved to adjourn. The motion carried and the meeting was adjourned at 7:17 p.m.

Respectfully submitted,

Gary Crawley, Secretary

Lisa Hern, Recording Secretary

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