Zoning Board of Appeals Minutes
February 15, 2005 - 9:30am
City Council Chambers
The meeting was called to order by Vice Chairman Horton at 9:31 a.m.
Roll call was taken by Secretary Ronald Baker.
MEMBERS PRESENT:
Ronald Baker, Larry Cook, Mike Compeau, Elizabeth Frazier, Dan Jozwiak
and Randy Horton.
MEMBERS ABSENT:
Mike Dvorak and Mike Rohde.
MINUTES:
It was moved by Board Member Cook and supported by
Board Member Jozwiak to approve the minutes of the meeting of
January 18, 2005 as
presented.
AYES: All. Motion carried.
NAYS: None.
PUBLIC HEARINGS:
#2005-01 – CONDITIONAL
USE PARKING LOTS
APPLICANT: CHRISTINA USHER
CURWOOD FESTIVAL INC.
PO
BOX 461,
OWOSSO,
MI
48867
Philip Hathaway, Community Development Director, read
the parking lot closure request from the Curwood Festival Committee.
There was no representation from the Curwood Festival.
Linda Moiles,
202 E. Main St., asked
where their tenant would park during Curwood Festival. She was told the
lease agreement allows them to park on the street during the festival.
It was moved by Board
Member Cook and supported by Board Member Compeau to approve the
Conditional Use Permit as requested.
AYES: All. Motion carried.
NAYS: None
CASE #2005-01 – ADMINISTRATIVE INTERPRETATION
1301 S. SHIAWASSEE STREET
APPLICANTS – MURRAY YOUNG/MORGAN CONSTRUCTION CO.
BAKER
COLLEGE OF
OWOSSO
1020 S. WASHINGTON STREET,
OWOSSO, MI
48867
Phil Hathaway
explained that Baker College has requested that their planned offices
and conference use at the former IGA plaza on 1301 S. Shiawassee Street
must meet the nonconformity test that their use is a better fit for the
B-1 Zoning district than the supermarket was. The other interpretation
is that the office use of the site would permit the occupancy to be
interpreted as such without the requirement for colleges to be located
in the R-1 District in a campus setting.
Murray Young of
Morgan Construction explained the plan to remodel the existing building
to an office use for admissions and conference use. There will be some
evening classes in four of the conference rooms; however most of the
activity compares to an office building or events hall and does not have
the need for a campus presence.
Betty Coon, 1204
Palmer Street, asked that the no right turn on Palmer Street be
maintained and asked if Kona Villa, as a MSHDA housing project, needs a
grocery store, bank and dry cleaner/laundromat. She was told that the
market conditions closed these stores and that is was unlikely for MSHDA
to require convenience shopping in that context. The existence of
public transit opportunities, either their own van if they have one or
SATA, may be the substitute for walking convenience. Finally that issue
is between MSHDA and the property owner who owns both the plaza and the
housing project. Ms. Coon was advised that the Planning Commission
would address the Palmer Street issue on February 28th.
John Archer
explained that the building nonconformity would be lessened in Baker’s
plans through removal of the coolers, an awning and the truck docks.
Board Member Cook
asked what the building hours would be. He was told it would be from 7
a.m. to 6 p.m. except during conferences. The question was posed
because of the need to evaluate the relative intensity of land use as
compared to the activity level of the former IGA operations.
It was moved by
Board Member Cook and supported by Board Member Compeau to make the
interpretation that the planned administrative office space and
conference center as the principle use is more of a commercial and
office use than a college campus use, and the proposed use is less
nonconforming both in activity level and structure size than the
supermarket.
AYES: All. Motion
Carried.
NAYS: None
It was moved by
Board Member Jozwiak and supported by Board Member Cook to find the
proposed use creates a lesser impact to the neighborhood based on a less
non-conforming use, reduced operating hours, reduced traffic, reduced
truck traffic and improved access.
AYES: All. Motion
Carried.
NAYS: None
ITEMS OF BUSINESS:
SECTION 38-5
DEFINITIONS – BUILDING HEIGHT
John Archer, City
Building Official, presented examples of three (3) garages with
different roof peaks and wall height and roof slopes to demonstrate how
different sized buildings have different average roof heights.
BOARD MEMBER/CITIZEN COMMENTS:
None
ADJOURNMENT:
It was moved by Board Member Cook and supported by
Board Member Baker to adjourn the meeting.
AYES: All. Motion carried.
NAYS: None.
The meeting
was adjourned at 10:25 a.m.
____________________________________
Ronald Baker, Secretary
