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Minutes - September 27, 2016

ZONING BOARD OF APPEALS

Regular Meeting
September 27, 2016

Present:  Chairman Steve Haberkorn, Members Russ Boersma, Bob Swartz, and Ross De Vries. Also present was Assistant Planner/Zoning Administrator Corey Broersma and Recording Secretary Laurie Slater.

Absent:  Vern Johnson and Elliott Church

The meeting was called to order by Chairman Steve Haberkorn at 5:30 p.m. Mr. Haberkorn explained the process to the audience.

Mr. Broersma informed the Board that the first item on the agenda (Lori Maatman - 136 Clover Street) had been withdrawn.

Hearing declared open to consider a petition submitted by Dave Van Dyck on behalf of Advantage Landscape for property located at 11024 Chicago Drive, known more specifically as parcel number 70-16-23-100-031. Petitioner is requesting a nonuse variance for the use of crushed concrete in place of the concrete or asphalt pavement required within parking areas. The subject property is zoned C-2, General Commercial.

Present for this request was Jill Vukits representing Advantage Landscape.

Ms. Vukits explained to the Board that Advantage Landscape would like to keep the crushed concrete that exists on the west side of the property for semis delivering product and bobcats with tracks that unload the trucks. The weight of the semi and the tracks on the bobcat are hard on the concrete and asphalt surfaces required by ordinance.

The Board inquired with Mr. Broersma about the basis of the ordinance – crushed versus the solid concrete or asphalt. Mr. Broersma replied that some of it is safety, also its easier to maintain, there is no rutting or puddling. A hard surface can be striped to designate parking places and it makes for a cleaner site overall.

The Board further inquired about other businesses in the Township that have crushed concrete. Mr. Broersma explained that Fineline Trucking has crushed concrete due to heavy materials trucking and that there is no pavement feasible for the weight of the equipment and trucks delivering the materials.

There is currently asphalt on the property for parking of employee vehicles.

This item went before the Planning Commission for a special use permit. Their approval is contingent on the outcome of the ZBA Meeting tonight.

Following are the notes about what was determined at the Planning Commission meeting.

       1.  Special Use is contingent on the approval of this nonuse variance by November 1, 2016;

       2.  24 foot drive aisles must be shown between the employee parking and the truck parking. Likely 2 truck spaces will need to be eliminated;

       3.  Detailed landscape plan is needed with screening shown along the entire westerly property line;

       4.  OCWRC approval needed prior to paving;

The reason they are here is HCT Code of Ordinances, Appendix A – Zoning, Art. 17, Sec. 17.5(B):

The parking lot and its driveway shall be:

       1.  Designed to provide adequate on site drainage or drainage to an approved storm sewer;

       2.  Surfaced with concrete or asphalt pavement;

       3.  Maintained in good condition, free of dust, trash and debris.

Mr. Broersma suggested the Board consider a December 31, 2016 Deadline for the applicant to provide final site plan for staff review and approval.

The Board inquired about how many trucks come and go in a day. Mr. Van Dyck answered one per day.

It was noted that Advantage Landscape does not own the property they occupy.  However, the heads of D&M Investments and of Advantage Landscapes are brothers.

The Board further asked about the condition of the existing asphalt and concrete. Mr. Broersma stated that they will need to replace it soon.

It was noted that there is a car lot at the front of the property and that the driveway coming into Advantage Landscape will have to remain asphalt or concrete.

There was no one present in the audience to speak to this request.

**  It was moved by Mr. De Vries and supported by Mr. Swartz to close the hearing. Motion carried.

The Board went over the four standards to review when considering a nonuse variance request.

1.   Strict compliance would be unnecessarily burdensome in that Advantage Landscape would have to replace the existing crushed concrete with a new solid concrete surface and continue to replace it   when it worn from the heavy equipment breaking it down.

2.   It would be just to grant this request for the applicant as it would allow for the bobcats with tracks to unload and load the materials on the trucks. It is difficult to maneuver the tracks on a solid surface. There is only one other business within Holland Township that has been granted a variance for crushed concrete because of the heavy equipment used.

3.   The property is unique in that it there has been crushed concrete there since the 1970’s because of a previous trucking company occupying the property.

4.   The situation was not self-created. There is currently crushed concrete there and has been since the 1970’s. Granting this request is not changing anything that hasn’t already been there.

**  It was moved by Mr. De Vries and supported by Mr. Swartz to grant the use of crushed concrete in place of concrete or asphalt as required by ordinance with the stipulations 1) that it is not used anywhere on the property that it is not already at – south of the car lot and west of the existing building (as presented); 2) this variance is only for this landscape business; 3) the employee parking remains an solid surface 4) a final site plan is submitted to Mr. Broersma by December 1, 2016. Motion Carried.

There were no public comments.

The minutes of August 23, 2016 were approved as printed.

The meeting adjourned at 6:12 p.m.

Respectfully Submitted,

Laurie Slater
Recording Secretary

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