Zoning Board of
Appeals Minutes
MINUTES
Cascade Charter Township Zoning Board of Appeals
Tuesday, September 11, 2007
7:00 p.m.
ARTICLE 1. Chairman Vaughn called the meeting to order at 7:02 p.m.
Members Present: Casey, Lewis, Alternate Neal, and Vaughn
Members Absent: Beahan (excused), Crawley (excused), 2nd Alternate
Richards (excused)
Others Present: Planning Director Peterson, Recording Secretary Hern,
and members from the public.
ARTICLE 2. Pledge of Allegiance
ARTICLE 3. Chairman Vaughn requested a motion for approval of the
September 11, 2007 Agenda.
Member Lewis motioned for the approval of the September 11th ZBA
Agenda with support from Member Casey. All were in favor, none
opposed. The motion carried, September 11, 2007 Agenda approved.
ARTICLE 4. Chairman Vaughn requested a motion for approval or
corrections of the August 14, 2007 Meeting Minutes.
Chairman Vaughn requested that the words "comprise" be
changed to "compromise" within the minutes.
Chairman Vaughn also referred to Page 13 under Article 7 where
member Casey had expressed concern regarding his prior employment with
Spartan Stores and having conflict of interest with the case and the
Board agreed there was no conflict of interest.
Chairman Vaughn also questioned Member Lewis' title as Secretary
and Planning Director Peterson clarified that the Zoning Board of
Appeals (ZBA) has two (2) officers, the Chairman and
Vice-Chairman/Secretary.
Member Lewis referred to Page 5, 2nd paragraph needs to be cleaned
up. Planning Director Peterson suggested the sentence end after the
word "precedence" and Member Lewis agreed.
No further comments or corrections.
Member Lewis motioned to approve the August 14, 2007 ZBA Meeting
Minutes as corrected, supported by Alternate Neal. All in favor with
none opposed. August 14, 2007 Zoning Board of Appeals Meeting Minutes
was approved as corrected.
ARTICLE 5. Case #07-2898: American Cancer Society
Property Address: 2870 Jacksmith Drive SE
(PUBLIC HEARING)
The Applicant is requesting a Sign Variance to install a temporary
banner sign for their fundraising event.
Planning Director Peterson said the request is pretty
straightforward and he cannot recall the last time the Zoning Board
has seen a similar request.
The American Cancer Society has been holding their past fundraising
events in the Township's park. They are asking to hold their next
event in front of the Township's library, much like the 4th of July
events. The American Cancer Society would be starting their walk on
Jacksmith Drive.
The Applicant is requesting a variance to allow a temporary banner
sign, much like the one that is allowed for the 4th of July event, and
proposing the banner along 28th Street near Jacksmith Dr.
The Applicant is requesting one (1) banner sign that is 40-square
feet. This banner is smaller than those done by the Township for the
4th of July event.
Staff believes the American Cancer Society does need a variance.
Planning Director Peterson further explained that the 4th of July
banners do not contain any corporate sponsorship. The 4th of July
banners were also presented at a time that the Township was
re-developing its Sign Code.
The current sign code does address banner signs that are permitted
for community wide events. It also addresses banner signs being
attached to utility poles, etc., and that is not what the Applicant is
requesting in this case.
Staff does feel that this is a rather unique request in the sense
that this is not for a business' promotion of a special sale, etc.,
but for a community wide event. The request is for one (1) day, a
24-hour period, and does not feel that this is any different that the
banners used for the 4th of July event that the Township holds and
utilizes two (2) banner signs for.
Staff is comfortable in allowing the banner along 28th Street and
Jacksmith Dr. and a representative from The American Cancer Society is
present this evening to answering and questions the Zoning Board may
have.
Member Lewis noted that he has never seen the details of the
Township's Sign Ordinance and found Staff's information very
interesting.
Chairman Vaughn noted the way the ordinance was written it seems to
need a variance since it does not fall into one of the allowed
categories. The ordinance notes that banners are strictly prohibited
but someone could have a non-commercial sign as long as it is not one
of the prohibited signs and feels it is appropriate for the Applicant
to seek a variance.
Applicant Danielle Creguer of The American Cancer Society, 400 Ann
Street SW, Suite 202, Grand Rapids, and they are seeking the variance
to draw attention to the 24-hour event.
Member Lewis asked if the banner would only be up for 24-hours and
Applicant Creguer said that is correct. Member Lewis commented that it
is a worthwhile community awareness event and wondered if more time is
needed. Applicant Creguer said they are only asking for the banner for
a 24-hour period of time.
Member Lewis asked what type of events The American Cancer Society
is planning on holding and if they are anticipating large crowds or
small crowds and if any traffic control might be needed? Applicant
Creguer said there would be several small activities such as games
throughout the day. They are also planning on two (2) ceremonies, the
Survivor Ceremony and Luminary Ceremony; that could draw larger
crowds, up to 500 people at one time and they are anticipating
approximately 1,000 people throughout the day.
Planning Director Peterson noted that the Township Board has
already approved the Applicant's request to hold the event on the
Township's property on Jacksmith Drive.
Chairman Vaughn opened the meeting for a motion to open the Public
Hearing.
Alternate Neal 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 the Township has not received any phone calls or letters
regarding the project.
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 Casey. All in favor to close the Public Hearing, with none
opposed. Public Hearing closed.
Chairman Vaughn opened the meeting for Board discussion.
Chairman Vaughn noted the ZBA needs to be clear as to why they are
allowing a banner for this event since banner signs are not allowed in
the Township. The ZBA is saying that it is for a charity event but if
the ZBA will allow a banner sign for a charity event, they need to
define if allowed for a charity event sponsored by an organization and
if any limitations should be placed on the variance, for instance
could a church be allowed a banner sign or are there other non-profit
organizations that would seek a variance for a banner sign for their
event? It does seem, to him, that the ZBA is establishing a precedence
and if this banner sign is allowed, it should be defined tightly as to
why it is being allowed.
Member Lewis noted that Chairman Vaughn makes a very good point but
what makes this request unique is that it is a non-profit organization
but it is also being held on Township property where as in other
areas, such as a church, is private property. He also noted that what
sets this request aside is that it not only benefits the community
but, in essence, the community is asking for this and making the
application because they own the property. Member Lewis agrees the ZBA
should be concerned with setting precedence but the fact that the
event is being held on Township property makes it unique and does not
believe too many requests like this will come before the ZBA that are
for a non-profit with the community's wishes to hold the event on
Township property.
Chairman Vaughn said that Member Lewis is defining that one of the
unique criteria for this request is that it is being held on Township
property. Member Lewis said that he is not establishing the criteria
that it is being allowed because the event is being held on Township
property but the location of the event is unique with the
understanding that the next Applicant that comes before the ZBA
requesting a variance for a banner sign does not have a set precedent.
The uniqueness of the request is the location of the event and the
ownership of the property that the event will be held on.
Chairman Vaughn noted that the sign would be placed on Township
property and as a result of that, it benefits the community. Member
Lewis noted that if it did not benefit the community it would place
the request for a variance into a different category. He further noted
that this does benefit the community along with benefiting the
Township itself.
Planning Director Peterson noted that any other non-profit
organizations would have to come before the ZBA for a variance for
their sign. In Staff's opinion the biggest item is that this is a
community wide event. Chairman Vaughn asked if Staff would be
comfortable allowing banner signs for a community sale and Planning
Director Peterson said he would be since the Township is trying to
promote a community events.
Chairman Vaughn noted the Township should be able to hold events on
their property they deem appropriate but it does put a different
perspective on the request.
Member Lewis noted that the ZBA appreciates that both the Township
and the Applicant have come forth requesting the variance noting that
a sign could go up and it would take the community 24-hours to react
to it and by then, the event is over. He recognizes that the Applicant
has step forth with the request and given the Township plenty of
notice to react to it and appreciates the Applicant coming before the
ZBA along with the amount of lead time before the event actually
happening and favors the request, hence his motion for approval.
Chairman Vaughn said he believes granting the variance creates a
potential for misuse and it is difficult to define the variance
narrowly enough but also recognizes that it is a community awareness
event.
Member Casey noted this case could be made on a lot of things but
he is impressed with the Applicant's time in notifying the ZBA, the
Township has recognized this as a positive event for the community and
the community is recognizing their support in holding the event. He
also noted, as Staff has mentioned, that if the business associations
wanted to hold a community event and have banners, they would also
have to come before the ZBA to seek a variance and banners of this
nature will be dealt with on a case-by-case basis so as not to
establish precedence, noting that what if a 5/3rd Run were to ask to
utilize some of the Township's pathways for their event, and believes
these need to be reviewed by the ZBA on a case-by-case basis. In this
case, the event is being isolated to the Township property and the ZBA
knows where and how big the banner will be, in this case 40 sq ft and
located on 28th Street.
Alternate Neal noted that this is the Cascade Township Zoning Board
of Appeals and the Board deals with Applicants requests for variances
and this suggests that the Board is a discretionary board within
certain limitations, the limitations of the ordinances, and he
believes this Board can freely exercise its discretion and not
establish a precedence for another applicant that might offer or plan
an event that is good for the community and good for the Township.
Member Lewis acknowledged Chairman Vaughn's concern in establishing
precedence but believes in this particular case he does not believe
that boundaries need to be established, the Township does not receive
many of these types of requests for a variance. He is comfortable
supporting the motion on the floor.
Chairman Vaughn referred to the criteria under the Findings of Fact
and asked if there are three (3) of them with one being that it is not
in the general nature as to cause the ordinance itself to be
addressed? Planning Director Peterson noted that there are different
Findings of Fact for the different types of variances and this is the
Sign Ordinance that is a separate ordinance and there is a different
Findings of Fact for sign variances such as this. This is why the ones
within Staff's report are highlighted. Planning Director Peterson
further noted that it is a general rule of thumb that if the same
variance were being granted repeatedly, the Zoning Board may want to
review the Sign Ordinance, but this type of request has not come up a
lot.
Member Lewis motioned for approval of the Applicant's request to
allow a Sign Variance to install a temporary banner sign at 2870
Jacksmith Drive SE for the fundraising event on May 30th & 31st,
2008; Alternate Neal seconded the motion.
Chairman Vaughn called the motion to question. Three in favor with
one opposed. Motion carried.
ARTICLE 6. Any Other Business
Chairman Vaughn opened the meeting for other business of the ZBA.
Member Lewis asked if Meijer's has added more signs or expanded
them? Planning Director Peterson noted that Meijer's has re-done their
signage but within the confines of their past approvals.
Member Lewis noted his concern regarding the number of storage
units in their parking lot and the past problems with Wal-Mart when
they renovated their store. Member Casey noted the Township granted
approval of the storage units when they remodeled and asked if they
came into the Township Offices for these units. Planning Director
Peterson said they did come in for permission during renovation but it
was for the storage unit placement. He does not recall the details of
the request and can provide the information at the October ZBA Meeting
as to the issue being with the location of the storage units. Member
Casey they are not as visible this time and Member Lewis noted they
are not very attractive.
Member Lewis also encouraged the ZBA Board to go visit the MVP
Sports Complex behind Meijer.
Member Casey asked for an update on the property next to the
Township Offices and if they were installing storm main? Planning
Director Peterson said they are doing their underground retention.
ARTICLE 7. Adjournment
Member Casey supported by Alternate Neal moved to adjourn. The motion
carried and the meeting was adjourned at 7:44 p.m.
Respectfully submitted,
Gary Crawley, Vice-Chairman/Secretary
Lisa Hern, Recording Secretary
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