MINUTES OF THE REGULAR MEETING OF THE GEORGETOWN CHARTER TOWNSHIP ZONING BOARD OF APPEALS HELD DECEMBER 14, 2005

 

The meeting was called to order at 7:30 p.m. by Chairman Daniel Lennington.

 

Members Present:         Daniel Lennington (chairman), John Fanthorpe, Carl DeVree,                                                    Greg Honderd and Joyce Weise

Members Absent:         none

 

Others Present: Craig Noland, Special Township Legal Council, Mannette Minier,

Secretary and Zoning Administrator, and the applicants

 

#051214-01 - Approval of the minutes

 

The minutes of the regular meeting held on October 26, 2005 meeting were presented.

 

Moved by Carl DeVree, seconded by John Fanthorpe, to approve the minutes of the regular meetings held on October 26, 2005, as presented.

 

MOTION CARRIED.

 

#051214-02 - (VAR0211)-Unfinished Business

 

Great Lakes Society, 7277 40th Ave., is appealing the Zoning Administrator's decision/interpretation that the proposal in the special use permit application (SUP0204) (including subsequent submissions) is not a church for zoning purposes, under Sec. 28.10, in a (LDR) Low Density Residential district, on a parcel of land described as P.P. # 70-14-18-400-043, located at 7277 40th Ave., Georgetown Township, Ottawa County, Michigan.

 

Dan Lennington presented the item and explained that at the October 26, 2005 ZBA meeting, the ZBA had tentatively concurred with the zoning administrator’s determination that the building proposed by GLS was not a church for zoning purposes.  He said that the ZBA had fortified the record with facts and based the motion on material and competent facts in compliance with the statements made by Judge Bosman in his opinion. 

 

The chairman opened the floor to public comments.  No one was present to comment on this item.  The chairman closed the floor to public comments.

 

Moved by Carl DeVree, seconded by John Fanthorpe, to approve the following resolution:

 

RESOLUTION ON REMAND UPHOLDING THE INTERPRETATION/ DETERMINATION OF THE ZONING ADMINISTRATOR THAT THE
PROPOSED FACILITY BY THE GREAT LAKES SOCIETY IS NOT
A CHURCH FOR THE DEFINITIONAL PURPOSES OF THE
TOWNSHIP’S ZONING ORDINANCE

 

I.

BACKGROUND INFORMATION

 

A.        Prior Decision Of The Township Zoning Board Of Appeals

 

On April 17, 2002, Mr. John Cheetham, Director of the Great Lakes Society (“GLS”), filed an Application with the Georgetown Charter Township seeking special land use approval for a proposed new building and use designated “church and parsonage site.”  Zoning Administrator, Mannette Minier made an initial determination/interpretation that the proposed use was not in fact a church for purposes of the Georgetown Charter Township Zoning Ordinance (the “Zoning Ordinance”).  GLS filed an Application for zoning appeal to the Zoning Board of Appeals (“ZBA”).  After public hearings, the ZBA adopted a Resolution on July 24, 2004 upholding the interpretation/determination of the Zoning Administrator that the facility proposed by the GLS is not a church for the definitional purposes of the Township Zoning Ordinance.  The Resolution is incorporated herein to the extent that it sets forth the background facts and analysis employed by the ZBA.

B.        The Great Lakes Society’s Second Special Use Application

 

On February 18, 2003, GLS filed another application for special land use approval describing the proposed building and use as “church services and supporting ministries.”  The application included floor plans prepared by The Architectural Group dated September 16, 2002.  On March 11, 2003 the Zoning Administrator forwarded correspondence to Mr. Cheetham concluding that the application was substantially the same as the prior application and that the current application/proposal was not a church for purposes of the Zoning Ordinance.  The correspondence also noted that the application/proposal did not meet the special use requirements set forth in Sec. 20.4(E) of the Zoning Ordinance.[1]

 

C.        Circuit Court Complaint Filed On Behalf Of The Great Lakes Society

 

On April 1, 2003, the Great Lakes Society filed a Complaint in the Ottawa County Circuit Court naming Georgetown Charter Township, the Zoning Administrator, and individual members of the Zoning Board of Appeals as defendants.  The Complaint (i.e. lawsuit) included an appeal to the Circuit Court regarding the Zoning Administrator and the Zoning of Appeals’ interpretation/ determination that the Great Lakes Society’s proposed facility was not a church for the definitional purposes of the Zoning Ordinance.

 

D.        Stipulated Record Submitted To The Circuit Court

 

The Township and the Great Lakes Society submitted to the Court a document entitled STIPULATION REGARDING RECORD OF PROCEEDINGS AND DOCUMENTS REGARDING COMPLAINT ALLEGATIONS (the “Stipulated Record”).  The Record of Proceedings conducted in connection with the plaintiff’s Application for special land use approval dated April 17, 2002 are set forth in Exhibits 1-38 of the Stipulated Record.  The Stipulated Record also referenced GLS’s second Special Use Application dated February 18, 2003.  Said application materials and related documents are set forth in Exhibits 41-52 of the Stipulated Record.  The Township zoning documents are identified as Exhibits 53-58 of the Stipulated Record.

 

II.

OPINION AND ORDEROF THE OTTAWA COUNTY CIRCUIT COURT

 

On June 3, 2004 the Honorable Calvin L. Bosman, Ottawa County Circuit Judge issued an Opinion and Order regarding the Great Lakes Society’s Appeal.

 

A.        The Limited Definitional Issue On Appeal

 

The Court’s Opinion and Order noted that the sole issue on the appeal portion of the lawsuit was the ZBA’s determination that the proposed building was not a church for purposes of the Zoning Ordinance.  In the words of the Court:

 

It is important to keep in mind that the ZBA did not, in the strict sense, deny the Society’s application for a special use permit.  In fact, the ZBA never considered or reviewed the Society’s application.  Instead, the ZBA ruled that because the proposed building was not a ‘church,’ the Society was ineligible to apply for a special use permit.  It is this decision – the ZBA’s determination that the proposed building was not a church for the purposes of the Georgetown Charter Township Zoning Ordinance – that presents the sole issue before this Court on appeal.  (Opinion and Order, p 6)

B.        The Court Agreed With The Township’s Definition Of “Church” For Purposes Of The Zoning Ordinance

 

The Court’s Opinion confirmed the ZBA’s interpretation of what constitutes a “church” under the Zoning Ordinance, noting:

 

The Township’s zoning ordinance does not define this term.  Court and counsel agree that under Michigan law, a ‘church’ is a building set apart whose principal use is for public worship.  Portage Twp v Full Salvation Union, 318 Mich 693; 29 NW2d 297 (1947).  (Opinion and Order, p 8)

Specifically, the Court focused on the definitional issue as follows:

The issue was this:  what was to be the principal use of the proposed building?  The principal use of a building is determined by the activities that take place inside the building.  (Opinion and Order, p 9)

C.        The Court Considered Evidence Concerning The Historic Use Of The Parsonage Or Activities Of GLS To Be “Immaterial”

 

The Court’s Opinion and Order concluded that factual findings pertaining to the historic use of the existing parsonage were not “material” to the issue of whether the proposed building would constitute a church under the definitional section of the Zoning Ordinance.

 

D.        Remand To The ZBA

 

In its Opinion and Order, the Court did not find that there are no material facts that exist that could support the ZBA’s decision.  Rather, the Court remanded the matter to the ZBA to afford the parties “the opportunity to fortify the record with material facts.”  (Opinion and Order, p 6)

 

III.


SCOPE OF REMAND AND FURTHER DECISION
OF THE ZONING BOARD OF APPEALS

 

As noted, the Court’s Opinion and Order (p 6) identified the “sole issue” to be the ZBA’s determination that the proposed building was not a church for purposes of the Zoning Ordinance.

 

A.        For The Limited Purposes Of This Appeal, The ZBA Is Not Challenging GLS’s Standing As A Religious Organization

 

In prior proceedings, and in the present proceeding, the ZBA has not undertaken a determination of whether the Great Lakes Society is a religious organization in general with respect to its organization and beliefs.  For example, in its July 22, 2004 Resolution, under the heading “Scope Of This Decision” it was noted, “that neither the Zoning Administrator nor the ZBA has asserted that GLS is not a religion or a church with respect to an organization…. The Township is loath to examine or scrutinize the religious beliefs of others and has not done so in this case.  The Township must examine the proposed use in this type of situation, not religious beliefs.”  A zoning definition and determination should focus on uses and activities.

Clearly, a particular religious organization can be a church or religious denomination in general, but a particular facility or building owned or operated by such a religious organization might not be a “church” for zoning definitional purposes.

For purposes of the definitional appeal, the ZBA has not and cannot make factual findings concerning the status of the organization or beliefs of its members.  Labels do not control.  Zoning addresses actual uses and not beliefs, and the role of the ZBA is to focus on the definition of church recognized by the Court, and the proposed use of the facility.

 

B.        GLS Requested Cancellation Of The September 8, 2004 Special Hearing

Before The ZBA

 

In follow-up to the Court’s Opinion and Order, the Township scheduled a continued public hearing before the ZBA and sent out public hearing notices.  The hearing was scheduled for September 8, 2004.  At the request of counsel for GLS, the hearing was cancelled.  The hearing was rescheduled for January 12, 2005.

 

IV.
SUPPLEMENTAL RECORD

 

Prior to the scheduled hearing on January 12, 2005, GLS filed a packet of documents which included GLS’s mission articles, and member statements.  A certified court reporter prepared a transcript of the January 12, 2005 hearing, and the Hearing Transcript was made part of the record.  (Transcript, p 67)

During the hearing, reference was made to information and documentation generated by discovery in the pending lawsuit.  The ZBA decided to expand the record to include the discovery materials specifically identified on pages 60-62 of the Hearing Transcript.  (p 67)

At the conclusion of the hearing, GLS requested additional time to supplement the record.  The ZBA agreed, and the matter was tabled.  (p 68)  On or about February 25, 2005, GLS filed PLAINTIFF/APPELLANT GREAT LAKES SOCIETY’S EXHIBITS SUPPLEMENTING THE STIPULATED RECORD OF EXHIBITS DATED DECEMBER 15, 2003 FILED IN OTTAWA COUNTY CIRCUIT COURT.

V.
FINDINGS OF FACT AND CONCLUSIONS

 

A.        The Great Lakes Society’s Description Of The Use Of The Facility

 

The proposed uses of the building was described by Mr. Cheetham in correspondence to the ZBA dated May 15, 2002 (Exhibit 14 C).  The uses and area for the use were set out in the correspondence as follows:

 

GLS sanctuary – 2,400 sq. ft.  GLS counseling – 1,600 sq. ft.  GLS tape production 1,500 sq. ft.  GLS ministerial training 1,800 sq. ft.  GLS administration 1,200 sq. ft.

The area of designated use – as described by Mr. Cheetham – was summarized in a table of uses (Exhibit 28).  The uses are also illustrated in the floor plan drawing (Exhibit 45).  The floorplan shows a 30’ x 32’ Worship Center with seating for 60.

GLS indicted that 26 members are prepared to attend worship on Sundays.

 

B.        Health Ministry And Food Bank

 

The health and nutritional ministry was described by Mr. Cheetham in his deposition (pp 70-75).  GLS operates like a food co-op (p 73).  GLS obtained a license as a non-profit cooperative.  On average, 12 members of GLS place orders for a variety of food and non-food products (p 75, see also Answers to Interrogatory 29).  Donations are made for these products and are summarized in the Supplemental Record.  For example, the health ministry donations in 2002 was $98,174.00.

Mr. Cheetham’s initial description of the proposed uses, as outlined to the ZBA in correspondence dated May 15, 2002, did not identify any area dedicated for a “health ministry”  (Exhibit 14C).

In subsequent correspondence dated June 17, 2002, Mr. Cheetham indicated that the Society utilizes a food bank for members only (Exhibit 29).  It was noted that GLS has a Section 501(C)(3) exemption from the IRS for the “organization’s programs for health and nutrition” (Exhibit 29I). GLS filed a Certificate of Assumed Name indicating that the assumed name under which business is to be transacted is Nutritional Research (Exhibit 29I). GLS members noted the use of the GLS food bank.

In correspondence to the ZBA dated June 17, 2002, Mr. Cheetham described the GLS health and nutritional program (Exhibit 29). The GLS floor plan (Exhibit 45) shows space dedicated for a health ministry.  Without evidence to the contrary, it is assumed that this space will be used for purchase and storage of products as described by Mr. Cheetham in his deposition (pp 70-75). This use clearly would not constitute public worship.  These uses were not provided in the description in the uses presented by Mr. Cheetham in his correspondence of May 15, 2002.  However, during the January 12, 2005 ZBA hearing, Mr. Cheetham indicated that the anticipated use of the building has always been the same.  (Hearing Transcript, p 59.)

GLS is not publicly listed or advertised as a church.  GLS obtained a non-profit tax status for its “programs on health and nutrition” (Exhibit 29).  The original documents submitted to the Planning Commission noted reference to a “food bank for the chemically sensitive or allergic members…” (Anderson letter, Exhibit 24).  GLS filed a Food Establishment License Application on March 14, 2001 noting it was a “non-profit co-operative.”

The Zoning Administrator’s memorandum to the Planning Commission (Exhibit 20) referenced substantial truck traffic and delivery at the existing parsonage.  This was described as daily deliveries of products and materials (see Niezink letter – Exhibit 21) and statements of neighbors as set forth in the minutes of the May 22, 2002 public hearing (Exhibit 22).  For example, Mr. Martinez “observed trucks frequently at the site,” and Mr. Dowell noted “trucks at the site every day.”  As pointed out in the Zoning Administrator’s Memorandum (Exhibit 27), “at no point were such observations denied.”

During the ZBA hearing, Mr. Cheetham confirmed that all of the activity relating to the food ministry would occur at the proposed new building.  (Hearing Transcript, p 38.)  There will be up to 3 delivery trucks a week.  (Hearing Transcript, pp 52-54.)

The “food bank” or health ministry was further described by Mr. Cheetham in his deposition.  GLS advertises under nutritional research.  This advertising is a means by which GLS acquires at least 80% of its new members (deposition, p 70).

GLS operates somewhat like a food co-op (pp 72-73).  Twelve members of GLS take advantage of the co-op (answer to Interrogatory 29f) as do “one or two individuals who are supporters of the church but do not attend services” (answer to Interrogatory 29g).  They fax order requests for products, and GLS uses assumed names such as Country Oaks Service, and Nutritional Research to purchase the products.  Payment by GLS members is in the form of donations, and in 2002, the health ministry donations were approximately $98,000.00.  The product purchased by GLS includes food and non-food items.  Receipts for the products are shown in Supplemental Exhibit L.  The health ministry products include venison patties, elk patties, goose legs, and lamb patties from Broadleaf (a distributor from Vernon, California).  The health ministry products include duck legs and thighs, and Atlantic salmon from Superior Seafoods.  A number of grocery staples (orange juice, maple syrup, olives, backing soda, vegetables, etc.) were purchased from Sam’s Club, Meijer, United Wholesale Grocery, and other retailers.

The health ministry product activities and food bank as described by Mr. Cheetham do not constitute public worship.

 

C.        Counseling Ministry

 

There is conflicting evidence concerning the proposed use of the facility for counseling.

According to GLS, the area dedicated for counseling is approximately 1,600 sq. ft. (see Exhibit 14C).  Mr. Cheetham denied that GLS charges money for counseling.  (Exhibit 32, Hearing Transcript pp 23-24.)

The “GLS COUNSELING MINISTRY” was first described by Mr. Cheetham in correspondence to the ZBA dated May 15, 2002 (Exhibit 14C) as follows:

 

GLS COUNSELING MINISTRY - Our counseling ministry is guided by Christ message in Luke 14:18 and most of our members are active in improving their spiritual and physical lives.  Therefore the counseling section in the sanctuary requires meeting rooms, group conference, meeting lounge, and bathroom.  We estimate this area will be about 1,600 square feet.

Information and documentation generated by court proceedings confirms that GLS and Mr. Cheetham do, in fact, charge for counseling.  The evidence that GLS charges for counseling is set forth in the Affidavit of Harold DeYoung and Anna Mae DeYoung.  While the GLS considered such payments to be “donations” (Hearing Transcript, p 24), the CONFIDENTIALITY AGREEMENT, DISCLAIMER, ACKNOWLEDGMENT AND RELEASE prepared by GLS confirms a commercial-type use.

Specifically, GLS utilizes a form document entitled CONFIDENTIALITY AGREEMENT, DISCLAIMER, ACKNOWLEDGMENT AND RELEASE.  The terms of this Agreement indicate a commercial enterprise and not “public worship.”  The form agreement utilized by GLS in its counseling includes such provisions as disclaimer of warranties, and specifically:

 

8.  The undersigned agrees to release, hold harmless and indemnify, Great Lakes Society, Great Lakes Society for biblical research, John Anthony Cheetham, nutritional research, County Oaks Service, and their agents, employees, directors, officers, shareholders, attorneys, counselors, assistants, and persons affiliated or acting or contracting with them, and all other persons, firms and corporations from any claim arising out of personal injury, death, or property damage, including claims based upon negligence, malpractice, breach of warranty, and all other claims which result from any cause whatsoever in anyway, at anytime, and at any place.

The Affidavit of Mr. & Mrs. DeYoung, and the related documents, are made part of these findings.  If the proposed counseling ministry use is accurately illustrated by the Affidavit, this would certainly indicate a commercial or services type of use, and not a form of “public worship” regardless of how that term may be defined.

 

D.        Ministerial Training

 

Mr. Cheetham’s initial description of the proposed use of this facility outlined an area of “about 1,800 square feet” for “ministerial training.”  Mr. Cheetham’s correspondence of May 15, 2002 to the ZBA (Exhibit 14C) described the “ministerial training ministry” as follows:

 

Our ministerial training program is essential for qualifying our ministers for ordination.  This will require classrooms, research library, study area, exercise room, kitchen and bathroom.  We estimate this area will be about 1,800 sq. ft.

Since its creation in 1974, GLS has had only two ministers, Mr. John Cheetham and Mr. Timothy DeYoung.  (Hearing Transcript, p 31.)  The estimated area for this use – according to Mr. Cheetham – is 1,800 sq. ft.

 

E.         Youth Ministry

 

Mr. Cheetham’s initial description of the proposed facility to the ZBA did not identify any space or use for a “youth ministry” (Exhibit 14C).  Mr. Cheetham’s further description presented to the ZBA by correspondence dated June 17, 2002 (Exhibit 29) did not identify any space for youth ministry.  The floor plans dated September 16, 2002 identify a 21’ 2” x 32’ 10” “youth center.”  Mr. Cheetham testified that GLS has only two youth members.  (Hearing Transcript, p 33.)

 

F.         Other General Characteristics and Traits

 

There have been other characteristics and traits of the proposed use and facility mentioned by both Mr.Cheetham and members of the public at the ZBA hearing and meetings which normally (or at least, quite frequently) denote a use other than a church.  Those traits or activities include the following:

1.      The wholesale purchase and distribution of many foods and products.  A significant use of the proposed facility/building will involve the wholesale purchase and distribution of food products, food supplements, toiletries, personal hygiene, and other products.  Normally, this would constitute commercial or business activity.

2.      Worship at the proposed facility/building will not be for members of the general public, but a relatively closed group.  The Court has held that a church is “a building set apart whose principal use is for public worship.”  “Public” indicates or implies members of the general public and the definition also implies that a church should be open to anyone who desires to come and worship at the building or facility at issue.  A building or facility serving a closed small group would not normally be a church under the Court’s definition.

3.      Lack of advertising representing it as a church—quite frequently GLS advertises as “nutritionist” or as being associated with “nutritional research.”  This goes to the issue of not only how GLS views itself, but how it has represented itself to the general public.  GLS’ advertising and representations appear to be contrary to the concept of public worship.

4.      A significant number of delivery trucks delivering food (not to be consumed on site) and products.  Again, this goes to the issue of the proposed facility/building appearing to be more commercial and service-oriented in nature, rather than being built to be operated principally for public worship.  Although the discussion at past ZBA meetings regarding the significant number of delivery trucks and semi trucks picking up and delivering food and products has been in conjunction with the existing parsonage, the ZBA believes that it is relevant to the proposed new building for two reasons.  First, the design of the proposed new facility/building demonstrates that such product and food deliveries will continue.  Second, past practices and procedures often are the best indicator of what will likely occur in the future.

 

In summary, by all outward objective appearances, the proposed use appears commercial, fraternal, health-related services, and product-oriented in nature, rather than predominantly public worship.  It is the ZBA’s decision that all of the evidence, facts, and information about the proposed GLS facility/building taken together cumulatively demonstrates that the principal use of the proposed facility/building will not be for public worship.

 

VI.
DECISION

 

Upon consideration of the record, the Zoning Board of Appeals hereby concludes that the principle use of the proposed facility is not a church as that term was defined in Judge Bosman’s Opinion and Order of June 3, 2004.  More specifically, the ZBA concludes that the principle use of the proposed facility, as determined by the activities that are proposed to take place inside the building, is not for public worship.  Therefore, the ZBA hereby adopts this Resolution upholding the interpretation/determination of the Township Zoning Administrator that the facility proposed by the GLS is not a church for the definitional purposes of the Township Zoning Ordinance.

 

 

Greg Honderd stated that the resolution was in order.

 

Carl DeVree said that he has reviewed the facts again and concurs with the resolution.

 

Craig Noland, Special Township Legal Council, stated that the resolution should be incorporated into the minutes.

 

Carl DeVree, the person who made the motion, and John Fanthorpe, the person who seconded the motion, agreed to add the wording to incorporate the resolution into the minutes.

 

Dan Lennington said that he has reviewed the resolution and believes that it accurately represents what was discussed and the general conclusion of the ZBA on the topic.

 

Yeas:    Dan Lennington, Greg Honderd, Carl DeVree, Joyce Weise, John Fanthorpe

Nays:   none

 

MOTION CARRIED.

 

#051214-03 - (VAR0509)

 

Grace Bible Fellowship Church, 1260 Chicago Dr., is requesting to have a church with a lot area of 73,891 square feet, a variance of 58,229 square feet from the 132,120 square feet required in Sec. 20.4(E)(1), and to have a church parking lot without a twenty-five foot setback and greenbelt as required in Sec. 26.3(D), in a (HS) Highway Service and (MDR) Medium Density Residential district, on a parcel of land described as P.P. # 70-14-23-100-088, located at 1260 Chicago Dr., Georgetown Township, Ottawa County, Michigan.

 

Steve Witte, Nederveld Associates, represented the applicant and presented the request.  He said that Randy ZanBergen, Pioneer Construction, was also present.  He stated the following.  Two and a half years ago the church added to the south side of the building and added parking.  Two variances were obtained because the south side of the parcel is zoned MDR and a special use permit for a church in MDR has size and frontage requirement which the parcel did not meet.  During the process of obtaining a special use permit, the parcels were required by the Planning Commission to be combined.  At this time the church would like to sell the house.  In order to sell the house, two more variances are needed to further reduce the area because with the proposed split the parcel does not meet the ordinance requirements in square footage and to waive the 25 foot greenbelt requirement because there is no greenbelt in this area.  The two important issues to consider are that the only reason the variances were needed was because the southern portion of the site is located in the MDR zoning district.  The site would not change and no improvements are proposed at this time.  The northern portion of the site is zoned HS and a church is permitted by right with no area requirements.  The church proceeded with obtaining a special use permit rather than requesting a rezoning to HS.  The previous area amounts had been miscalculated.  The 25 foot greenbelt could be replaced with a combination of plantings if the Planning Commission would approve it.  The church building is not located on the property zoned MHR.

 

Steven Witte explained the application and described how he determined that the request met each of the seven standards of the ordinance.  He said that the sign does not exist and they would work with the Township on the location of the sign.  He said that they could carve the parcel to exclude the parking or that the parking spaces could be used by the residents of the house.  He said that the property buyer will know what they are getting ahead of time.  He said that other churches do not have split zoning.  He said that they could have requested a rezoning to HS and not gone through what they went through, although he did acknowledge that the Township would have had to approve the rezoning.

 

Steve Witte said that the second important issue to consider was that there was not proposed improvements or changes to the site.

 

The zoning administrator presented a review.

 

Request The applicant would like to split off a parcel of land at the southeastern portion of the church parcel with property that contains the house and garage along with parking places for church use.  The property with the house and garage had initially been a separate parcel that had been acquired by the church and combined with the church property in order for the church parcel to have more acreage to meet one of the special use permit standards for a church and for parking.  The two other issues involved in the proposed split include the fact that the church had combined the property in 2003 when a special use permit was sought to construct a church addition.  At the time in order to meet a special use standard for the church, the parcel with the house and garage had been combined with the church property because the church needed more acreage to meet the special use permit standard for acreage and needed the additional area to meet parking space requirements for the number of seats.  In addition, the combination of the two parcels was a condition of approval for the church addition.

 

History.  Prior to 2003, the church existed on a parcel of land in the HS district where the use of a church is permitted by right in Sec. 16.2(A) and 15.2(D) (no special use permit is required in the HS district, hence no specific special use standard are required to be met).  In 2003, the church acquired additional property to the south with the house and garage (located on 12th Ave.) and expanded with a 10,800 square foot addition to the church building as well as additional parking spaces to meet the requirements for the additional seating.  

 

The additional property that was acquired was located in the MDR district and a house was located on the site.  Since a special use permit is required for a church use in the MDR district under Sec. 19.3(A), the determination was made that a special use permit would be required due to the fact that the parking on the additional property in the MDR district would be used for a church use. 

 

Therefore, the specific special use standards in Sec. 20.4(E)(1) would also have to be met.  The frontage on Chicago Dr. is 199.17 feet and Sec. 20.4(E)(2) requires 200 feet of frontage on a major street.  A variance was obtained for the .83 feet (see the excerpt from the ZBA meeting of June 25, 2003).  In addition, a specific special use standard requires that the site have a minimum of two acres plus an additional 15,000 square feet for each one hundred seating capacity or fraction thereof in excess of the first one hundred.  A variance was obtained for the church to have a lot area of 89,661 square feet, a variance of 42,459 square feet from the minimum lot area of 132,120 required in Sec. 20.4(E)(1) for a special use permit for a church in a residential district.

 

After the variances were obtained, the applicants sought a special use permit for a church.  The site plan presented showed parking spaces on the newly acquired parcel and there was discussion about the use of the remaining house on the new parcel.  The applicants indicated, as noted in the Planning Commission minutes of July 2, 2003, that the house would remain and be used by the church either as a parsonage or as a place to house missionaries.  The special use permit and site plan were approved with the condition that the parcels be combined.

 

Sec. 26.3(D) requires that a 25 foot greenbelt be installed adjacent to a parking lot which adjoins a residential district.  The property to the south of this church site is in a residential district.  Therefore, a greenbelt was shown and installed along the southern property line for the distance of the parking spaces, but ends at the spot where the garage and house are located.  The reason it ends by the house and garage is because the house and garage separate the parking spaces (to the north of the house and garage) from the residential district to the south and no greenbelt is required to screen the house and garage (on the church property) from the adjacent residential district to the south.  However, if the property with the house and garage were to be split from the church parcel, the 25 foot greenbelt would be required to be installed between the house and the eleven parking spaces to the north of the house as well as between the garage and the parking to the west of the garage. 

 

Therefore, the applicants have requested a variance to have a church parcel with less than the acreage required by the special use permit standard (actually still less than had previously been approved by the variance granted in 2003).  In addition, in order to split the property, they have requested to not have the greenbelt between the house and garage and the eleven parking spaces to the north, and between the garage and parking to the west.

 

The use of the house and garage is one principal use, specifically a residential use.  Sec. 2.1a defines an accessory use as “A use naturally and normally incidental and subordinate to, and devoted exclusively to the main use of the land or building.”  The use of the parking spaces would NOT be considered to be an accessory use to the residential use.  Nor would the use of parking for the church be considered to be part of the principal use consisting of the residential use of the house.  The parking spaces would become a second principal use on the site and two principal uses are not permitted.

 

The chairman opened the public hearing. 

 

Gerry Snyder, 6863 12th Ave., said that she lives south of the church and asked about the greenbelt.

 

The applicant explained that there would be no improvements and no change to what currently exists.

 

Gerry Snyder asked if the current trees would remain and was told yes.

 

The chairman closed the public hearing.

 

Joyce Weise asked why the church had to sell the house.

 

Steve Witte said that he was not sure of the reason, but it could be the upkeep of the house.  He said that it had been the original intention to use the house for a parsonage or to house missionaries.  He said that the church may want to sell it for monetary reasons, though he knows that monetary reasons are not grounds for a variance.  He said that the site is not being used as it could be used.

 

Randy ZanBergen, Pioneer Construction and a member of the church, said that the church had wanted the land behind the house for additional parking and the house owners wanted to sell the whole site.  He said that the church has no need to house missionaries and has found a buyer.

 

Joyce Weise asked if the perspective buyers intended to live in the house or to rent it and was told they intended to live there.

 

Greg Honderd asked if the church needed the 11 spaces to meet their requirements.

 

Steve Witte said that they needed 92 and have 97, so six of the 11 were needed.

 

Greg Honderd said that the Planning Commission looked at the use of the house and considered that it would be a parsonage to meet the ordinance requirements.  He asked why the church initially had presented the proposal as they did.

 

Steve Witte said that the church had been interested in the back half of the parcel and he did not know what the outcome would have been if the church had only purchased the back part of the parcel.

 

Dan Lennington clarified that the parking on the site created two principal uses and resulted in the fact that standard 2 was not met.

 

John Fanthorpe said that he has lived along church property and sharing parking does not work.  He said that he could tell that from experience because he lived in three houses that adjoined churches.

 

Steve Witte said that the line for the parcel could be moved to take care of this issue and that there was no room to relocate the parking because the site was maxed out.

 

John Fanthorpe said that realistically they needed to have the greenspace buffer.

 

Joyce Weise asked if they could eliminate seven parking spaces.

 

Steve Witte said that the Planning Commission could approve a fence.

 

Dan Lennington said that he understood that there was the split zoning issue and no changes were proposed for the site but he was against granting the variance because combining the parcels had been a condition imposed by the Planning Commission.  He said that they did not know what would happen to the special use permit if that condition was violated.  He said that they need to have a rezoning.  He said that he does not want the ZBA to step on the toes of the appropriate Boards and Commissions who are the experts in zoning.  He said that it was the ZBA’s job to interpret the zoning ordinance.  He said that these were very large variance requests and the second point was the split use problem on the residential site that they could not get around.  He said that the third problem was the required greenbelt and the church had no argument other than they just did not want to have it.

 

Steve Witte said that this application was with the understanding that the church would have to go back to the Planning Commission and the Township Board for special use approval again.  He said that the use is not changing and the split use is a problem that they could get around.  He said that they could come back and cut out a piece if they could satisfy the 25 foot greenbelt requirement.  He said that it was at the Planning Commission’s discretion and the greenbelt was to protect the property owner, which is the church itself.

 

Dan Lennington said that the parcels were combined as a condition of the special use permit approval.

 

Steve Witte said that the use of the site was not changing and the ZBA could grant the variance prior to the church going back to the Board.

 

Joyce Weise said that the parcel should be rezoned to address these issues.

 

Steve Witte said that the church had pursued this avenue rather than seeking the zoning because this zoning district was less dense.  He said that they did not request a rezoning because if the church would sell, auto repair could go into a HS site.

 

Carl DeVree said that a lot of variances were needed by the church.

 

Dan Lennington said that the variances were large amounts, too.

 

Steve Witte said that it was 15,000 more than needed.

 

Dan Lennington said that it was still 42,459 square feet.

 

Greg Honderd said that they would need less if they moved the lot line.

 

Steve Witte said that the amount previously proposed was within 2,000 square feet of each other.

 

Moved by Greg Honderd, seconded by Carl DeVree, to deny Variance (VAR0509) for Grace Bible Fellowship Church, 1260 Chicago Dr., because the request does not met the standards of the ordinance.

 

Steve Witte said that even if the parcel were to be rezoned to HS, they still would have the issue of the 25 foot greenbelt.

 

Joyce Weise said that they can’t achieve screening and it could be explained to a potential buyer.

 

Dan Lennington said that the use of the property will not change and the special use permit given by the Township stated that they could have the use of the church with the condition that the parcels be combined.  He said that he does not know if the variance were to be granted if that would invalidate the special use permit.  He said that these were big variances and there were no extraordinary circumstances.

 

Joyce Weise said that the Township must take care to have the best possible viable site for the Township and for property owners and there were so many differences requested with the variances.

 

Steve Witte said that if the ZBA denied the variance for the area and approved the variance for the greenbelt, the Planning Commission may suggest alternatives.

 

Dan Lennington said that certain boards were responsible for certain things.

 

Joyce Weise said that if the church goes to the Planning Commission, Greg Honderd could tell them what was said at the ZBA.

 

Greg Honderd said that he could appreciate that the church was not in the rental house business.  He said that although owning the lot presented maintenance issues now, it may be in the best interest of the church to hold on to the site for future possible expansion additions or parking additions.  He said that he is not convinced that in the long run it would be worthwhile to grant the variances.

 

Dan Lennington said that they applied for the variances and the ZBA should act on both.  He said that he thinks that both should be denied.

 

Greg Honderd said that he thought the variances should be take one at a time.  He clarified the previous motion to include only the square footage.  He clarified the motion, with Carl DeVree’s concurrence, to be worded as follows:

Moved by Greg Honderd, seconded by Carl DeVree, to deny Variance (VAR0509) for Grace Bible Fellowship Church, 1260 Chicago Dr., to have a church with a lot area of 73,891 square feet, a variance of 58,229 (or less) square feet from the 132,120 (or less) square feet required in Sec. 20.4(E)(1), in a (HS) Highway Service and (MDR) Medium Density Residential district, on a parcel of land described as P.P. # 70-14-23-100-088, located at 1260 Chicago Dr., Georgetown Township, Ottawa County, Michigan because the request does not met the standards of the ordinance.

 

MOTION CARRIED.

 

Moved by Joyce Weise, seconded by John Fanthorpe, to table Variance (VAR0509) for Grace Bible Fellowship Church, 1260 Chicago Dr., to have a church parking lot without a twenty-five foot setback and greenbelt as required in Sec. 26.3(D), in a (HS) Highway Service and (MDR) Medium Density Residential district, on a parcel of land described as P.P. # 70-14-23-100-088, located at 1260 Chicago Dr., Georgetown Township, Ottawa County, Michigan until the Planning Commission can look at the site.

 

Yeas:    Joyce Weise, John Fanthorpe

Nays:   Greg Honderd, Dan Lennington, Carl DeVree

 

MOTION DENIED.

 

Dan Lennington said that they should deny both variances and that both variances should be acted upon because they were requested.

 

Moved by Greg Honderd, seconded by Carl DeVree, to deny Variance (VAR0509) for Grace Bible Fellowship Church, 1260 Chicago Dr., to have a church parking lot without a twenty-five foot setback and greenbelt as required in Sec. 26.3(D), in a (HS) Highway Service and (MDR) Medium Density Residential district, on a parcel of land described as P.P. # 70-14-23-100-088, located at 1260 Chicago Dr., Georgetown Township, Ottawa County, Michigan because the request does not meet the standards of the ordinance.

 

Yeas:    Greg Honderd, Dan Lennington, Carl DeVree

Nays:   Joyce Weise, John Fanthorpe

 

MOTION CARRIED.

 

#051214-04 - (VAR0510)

 

Tracy DuBois/Joan DuBois, 2780 11 Mile Rd. Rockford and 62 Mill Ave., are appealing the Zoning Administrator’s decision/interpretation under Sec. 28.10 that a non-conforming structure located at 62 Mill Ave. was damaged by fire more than 50% of the fair valuation of the entire building or structure at the time such damage occurred under Sec. 27.4, in a (I) Industrial district, on a parcel of land described as P.P. # 70-14-13-428-005, located at 62 Mill Ave., Georgetown Township, Ottawa County, Michigan.

 

Randy DuBois and Tracy DuBois represented the applicant and presented the request.  They stated the following.  The Township established the repairs to the house to be greater than 50% of the value of the structure and denied rebuilding.  Their argument was that many mistakes were made and they were asking for a reassessed value.  The structure is a three family dwelling and the $63,000 value was a mistake.

 

Randy DuBois said the following.  On page 9 of the itemized summary from AAA Insurance, there were many mistakes including the listing of $450 for the removal of the bathtub and removal of 12 inch insulation in the ceiling because neither exited.  The demolition amount of $1,000 is not necessary because the structure is sound and they have removed the unsafe debris.  They will use their own dumpster and not have contractor overhead.  The summary is full of errors in quoting amounts such as removing the vinyl flooring.  The $70,000 value is a mistake because they have been in since 1959 and if a person is in a structure for a long time the value is not correct.  The assessor used the assessed value and is way off.  The appraised value they obtained was for $99,000 for just the house.  (He submitted information to the ZBA.)  In the early 60’s he helped his father with the house.  This was a hotel in Jenison in 1860 and still remains.  Very little was destroyed.  If they fixed it themselves like they did before, they could do a better job.  He could do the work for $9,600 and get a licensed contractor for the electrical.  (He supplied pictures after the quote.)  The pictures show the removal of the charred debris.  The fire did not make it through the plywood.  After tearing down the debris, they found the area above the ceiling tiles untouched.  The plywood saved the walls.  They would just have to put up drywall.  The wood is good and not a single board needs to be replaced internally.  They had a construction company give a quote that the cost to repair the structure was $30,000.  With the house being worth $100,000 as they supplied on the appraisal, the $30,000 is below the threshold of the 50%.  They were asking for a re-evaluation.

 

The zoning administrator asked if they had called AAA Insurance Company and told them that their summary and payment were incorrect.

 

The applicant said that they did not have time because the meeting was today and they just got the information today.

 

The zoning administrator presented a review.  A fire occurred at 62 Mill Ave. on July 10, 2005.  The structure was built in the 1970’s and was being used as a three family dwelling.  The structure is non-conforming and the use of residential is non-conforming since the lot is located in the Industrial district and residential uses are not permitted.  Sec. 27.4 states that nothing in the ordinance shall prevent the reconstruction, repair or restoration and the continued use of any non-conforming building or structure damaged by fire wherein the expense of such reconstruction does not exceed fifty (50) percent of the fair valuation of the entire building or structure at the time such damage occurred.  After the fire occurred, the Township Assessor was asked to provide a fair valuation of the entire structure at the time the damage occurred.  The Assessor said that the house and garage in combination had a fair valuation of $84,869 and the house by itself had a fair valuation of $70,282.  However, after revisiting the issue, the Assessor has determined that the garage structure has no separate independent value in and of itself.  Therefore, the Assessor has revised the fair valuation of the structure to $84,869.  Further, if the fair valuation of the structure is $84,869 and the damage is $63,722.71 (as determined by the property owner’s insurance company), the damage would be 75.08%, well over the 50% amount.  In addition, the Township Building Official visited the site said that the expense of reconstruction, repair and/or restoration would be more than half of the fair valuation of the structure.  The Township obtained a copy of the Adjuster Summary from AAA Insurance Co. and the amount of damage was stated as $63,722.71, which would greatly exceed 50% of the value of the structure. 

 

Carl DeVree said that they could have called the insurance company today and he asked if they would accept the amount from the insurance company that they determined the damage to be rather than the higher amount stated by the insurance company.

 

Dan Lennington asked about the value amount that the Township calculated.

 

The zoning administrator stated that she had obtained the value of the structure from the assessor and that the amount was $84,869 rather than the $70,282 that he initially stated because he found that the garage structure had no value independent from the house structure.  She said that she had not been aware that the applicants were disputing their own insurance company’s monetary amount of damage and saying that the damage was less than AAA’s total on the summary.

 

Casey DuBois, 112 Baldwin St., said that his house was 115 years old and about two and a half years ago his house appraised for $110,000.  He said that his house was smaller and his opinion was that the Township’s valuation was underestimated.  He said that he looked at the fire damage and it was only about 30% which is less than half the value of the structure.

 

The chairman closed the floor to public comments.

 

Dan Lennington said that the biggest dispute appears to be over the repair costs.  He said that the assessed valuation seems to be calculated by the assessor as two times the SEV (state equalized value).  He said that the appraisal is $110,000 and this appraisal is more credible.

 

Randy DuBois said that the appraiser compared this structure to similar structures in Grand Rapids on Broadway and Hamilton Streets and that everyone knows that structures are worth at least 10% to 20% more in Jenison.

 

Dan Lennington clarified that the insurance company figured it would take $63,000 to fix the house.

 

John Fanthorpe asked how much the structure was insured for. 

 

The applicant said that it was insured for $210,000.  He said that the insurance company’s summary of the damage was riddled with errors.

 

Dan Lennington asked if the errors were greater than $30,000.

 

Randy DuBois said that yes, there was more than $30,000 in errors.  He said that the insurance company included an amount in the summary to remove a bathtub and there was no bathtub in the bathroom.  He said that the insurance company included an amount in the summary to remove insulation from the ceiling and there was no insulation in the ceiling.  (Pictures were shown demonstrating the applicant’s statements).  He said that he could fix the house for about $6,900.

 

Carl DeVree asked if they would accept $6,900 from the insurance company to fix the house.

 

Randy DuBois said that the expense summary from the insurance company was riddled with mistakes and that they had ripped off the debris and was no insulation in the ceiling. 

 

Dan Lennington asked what was wrong with the insurance company’s summary.

 

Randy DuBois said that an amount was listed to fix the entry way and there had been no damage to the entry way.  He said that amounts were listed to repair the kitchen and living room and that no damage had occurred there.

 

Joyce Weise said that realistically they would have to hire a contractor to do the repair.

 

John Fanthorpe said that the insurance company was not going to pay a non-licensed contractor to do work of this extend.

 

Dan Lennington said that it is a criminal offense to have an unlicensed contractor do the work.

 

Randy DuBois said that a member of the immediate family can do the work.

 

There was discussion regarding the insurance company’s summary of damage and each line item was discussed, with the applicant stating that many items listed on the summary were incorrect and listed wrong with much higher amounts than needed to fix the damage.  He said that the correct amount of damage was much less than listed by the insurance company because of all the errors.

 

Dan Lennington said that it would be a good idea to give this criticism to the insurance company adjustor because something has gone awry.

 

Randy DuBois said that he has looked at the house himself to see if there was $63,000 in repairs.

 

Dan Lennington said that they need more information.

 

Joyce Weise said that there were different amounts and not enough information from the insurance company.  She asked how the insurance adjustor prepared his evaluation.

 

Randy DuBois said that the adjustor just walked through the house.

 

John Fanthorpe said that he has 22 years experience in the insurance business and that a three family dwelling could not be built for under $100,000.  He said that he had not seen the house prior to the fire, but did drive by after the fire without going inside.  He said that many times after fire damage a house would have to be stripped to the studs because the smoke damage would not come out.  He said that it often has to be replaced to be livable.  He asked about the three units.

 

Randy DuBois said that the front two apartments were not touched by the fire.

 

John Fanthorpe said that the assessor uses square footage to calculate costs, just like a realtor, and the estimate is based on construction style.  He said that the value of the building was closer to $200,000 than the assessed value and that the repair costs were less than half the value of the house.  He advised against doing the work themselves because they might not be covered.  He said that they should have contractors having seen the home after the fire and in pictures.  He said that he is not an adjustor but he does figure out value in the first place.  He said that he is not convinces that either value is entirely accurate.  He said that if the insurance company’s estimate of repairs was compared to the insurance company’s insured value, the repairs would be less than the value of the structure.

 

Randy DuBois said that they just want to repair the structure and to rent out the additional spots.  He said that not one single support board was damaged.

 

Greg Honderd asked how accurate insurance adjustors were because normally people complain the other way that they don’t receive enough money to cover the damage.

 

John Fanthorpe said that sometimes the adjustment figures are padded.  He said that for instance, a house could not be built today without insulation and two by sixes are not even made any more.  He said that the structure was originally constructed and reinforced back in the 1960’s.  He said that the water damage concerns him because it soaks in.

 

Greg Honderd asked how accurate the information was from the insurance company.

 

John Fanthorpe said that it should be fairly accurate because they are educated and there are all sorts of policies.

 

Greg Honderd said that the insurance company generally takes pictures to see if it is worth the estimated amount.

 

Greg Honderd asked how much the units were rented for each month, if they were rented for about $400.

 

The applicant said that she rents to friends and each spot for $250, so about $450 total.

 

Greg Honderd asked about the square footage and was told the amount was 1400 square feet with three bedrooms as listed on the assessing card.  He said that some of the value was as income property.

 

The applicant said that she was not charging market value for rent.

 

Joyce Weise asked the zoning administrator how she had derived her calculations.

 

The zoning administrator said that she obtained a value of the structure from the Township assessor and the Building Official provided the information that the structure was more than 50% damaged.

 

Dan Lennington clarified that the Township had not obtained an appraisal.

 

John Fanthorpe said that normally the assessed value is less than one half the cost to replace the house.  He said that the house is worth between $150,000 to $200,000.

 

Moved by Greg Honderd, seconded by Joyce Weise, to not concur with the zoning administrator’s determination that the damage to the structure is more than 50% of the fair valuation of the structure at the time the damage occurred.  This determination is based on the following findings of fact:

1.         The fair valuation of the house is at lease $140,000, as evidenced by the willingness of the insurance company to insure the house for more than $140,000;

2.         The amount of damage is $64,000, as evidenced by information provided by the insurance company; and

3.         Therefore, the amount of damage to the house is less than 50% of the fair valuation of the structure at the time the damage occurred.

 

John Fanthorpe said that this was based on the willingness of the insurance company to insure the structure for $210,000.  He said that the assessor’s calculation is off because this is income property and the evaluation should be judged by the income.

 

Yeas:                Daniel Lennington, John Fanthorpe, Joyce Weise, Carl DeVree, Greg Honderd

Nays:               none

 

MOTION CARRIED.

 

#051214-05 - (VAR0512)

 

Champion LLC, 4433 Byron Center Ave, is appealing the Zoning Administrator’s decision/interpretation under Sec. 28.10 that dry sewer-mains do not fulfill the requirement of installed sewer under Chapter 24, footnote (e) and (f), in an (LMR) Low/Medium density residential district, on parcels of land described as P.P. # 70-14-18-300-021 & -022, located at 7448 48th Ave. and 4724 Baldwin St., Georgetown Township, Ottawa County, Michigan.

 

Steve Smit, Focus Engineering, represented the applicants and presented the request.

 

Dan Lennington asked if the applicant was considering the construction of two-family dwellings and was told no.

 

The zoning administrator presented a review and said that she basically made the determination that sewer was required because that was the wording of the ordinance.  The summary is as follows.  The applicant submitted an application to the Planning Commission to rezone property from (RR) Rural Residential and (LDR) Low Density Residential to (LMR) Low/Medium Residential.  At issue is the fact that sewer is required by the ordinance for all lots in the LMR district and sewer is not available to service the subject property.  In fact, sewer will not be available to service the property at any time in the near future, according to the Director of Public Works.  At the Planning Commission work session, the Planning Commission directed the applicant to appeal the determination of the Zoning Administrator that dry sewer does not fulfill the requirement of sewer to the ZBA because he did not agree with the zoning administrator’s interpretation and the Planning Commission did not want to rezone property to create non-conforming lots.  The Schedule of District Regulations, Chapter 24, lists two footnotes for lots in the LMR district for lot area, footnote (e) and (f).

 

(e)        All lots shall be serviced by public water and sanitary sewer.

(f)         All two family dwelling structures shall have a minimum lot area of fifteen thousand (15,000) square feet and a minimum lot width of one hundred twenty (120) feet, provided when public water and sanitary sewer are available (installation of dry sewer mains fulfills this obliga­tion on installed sewer) the minimum frontage requirement is reduced to one hundred (100) feet and the lot area is reduced to fourteen thousand (14,000) square feet.

 

Footnote (f) is a moot point because two family dwellings ARE NOT PERMITTED and have not been permitted in the LMR district for at least the last ten years.  Another point is that footnote (d) is listed for LDR lots.

 

(d)        Lots not serviced by public water and sanitary sewer (installation of dry sewer-mains fulfills the require­ments of installed sewer) shall have a minimum size of thirteen thousand three hundred (13,300) square feet and a minimum width of ninety five (95) feet.

 

Dan Lennington said that the ordinance states two family dwellings with 15,000 square feet and a width of 120 feet can meet the sewer requirement with dry sewer, but the dry sewer allowance cannot be uncoupled from the stipulation of a two family dwelling.  He said that the installation of dry sewer does not fulfill the requirement of sewer for all dwellings.  He said that it was evident from reading the plain text.  He said that he can see the applicant’s argument, but reaches a different conclusion.

 

The applicant said his interpretation was obtained from looking at the footnote and that he thinks the intention of the ordinance was that the text would have been bulky and should be cross-referenced.  He said that it was a logical conclusion that if dry sewer was appropriate for two family dwellings that it extended to include one family dwelling units.

 

Dan Lennington said that he understood that the applicant interpreted footnote (f) to extend to include footnote (e).

 

The applicant said that he understands that footnote (f) does not apply to LMR because two family dwellings are not permitted.

 

Dan Lennington said that the ordinance could have said it more simply.

 

The applicant said that in the LDR zoning district, 11,475 square foot lots were permitted with sewer and dry sewer fulfilled the requirement.  He said that the state ordinance supersedes the Township ordinance and if the Health Department finds a lot insufficient, they will drive up the square footage.  He said that it was intended to be handled by the Health Department.

 

Joyce Weise asked if the lots could be developed as LDR lots.

 

The zoning administrator said that this site could be developed with lots in the LDR zoning district because dry sewer fulfills the requirement of sewer according to the ordinance.

 

Joyce Weise asked if they would catch the storm water and if the site would have to be serviced with septic systems.

 

The applicant said that there would have to be dry sewer and septic systems, and that they would catch 100% of the storm water.  He said that they were obligated to build the drain fields.

 

Greg Honderd said that he would provide background on the ideas of the Planning Commission when the ordinance was adopted.  He said that the original ideal was to have a zone that allowed smaller more affordable lots with smaller houses.  He said that there were some successful LMR areas in the Township and they worked well for both the Township and developers.  He said that when the ordinance was written, he thought the intention of the Planning Commission to add the requirement of sanitary sewer was because the lots would be so small that sewer would be necessary and septic fields would not fit.  He said that to allow the dry sewer to fulfill the requirement of sanitary sewer service defeats the purpose of LMR lots with the minimum requirements of less frontage, less lot area, and less expensive housing.  He said that there was supposed to be a cost savings, along with more affordable housing.  He said that if dry sewer was allowed to fulfill the requirement of sanitary sewer, they would not be taking advantage of the smaller lots to be more affordable because people would have to pay for both the sewer and septic systems and when sewer becomes available, the people would have to pay for the hook-up fees.  He said that the zone was intended to be more efficient rather than making people pay two times for private septic systems and for sewer.  He said that in turn, the people would be forced to pay to hook up to sewer when it is available after they paid for the septic systems.  He said that this was not in the spirit of the ordinance and not the intention of the Planning Commission when the ordinance was adopted.  He said that these were the reasons that sewer was required in the LMR district.

 

Joyce Weise asked if any development could take place.

 

Greg Honderd said that yes, the site could be developed in the LDR zoning district, with 85 foot lots and more room for the drain fields and still have the reserve system.

 

Joyce Weise said that reducing the number of lots would make the lots the right size.

 

The applicant said that this piece is unusual because the width from east to west does not lend itself to two streets.  He said that the cost of development is based on how much street there is.  He said that to keep costs down for each lot, they had to make the lots narrow.  He said that the State Act in effect since 1967 allows a minimum width of 60 feet for lots without sewer and requires 12,000 square feet in area.

 

Joyce Weise asked if the development was not affordable if the lot sizes weren’t reduced.

 

The applicant said that to build more expensive homes at this location does not justify costs because this is close to a campground.

 

Joyce Weise said that Chateau West was close to this location with more expensive homes.

 

The applicant said that the Planning Commission thought that LMR uses were appropriate at this location but did not know how to approve it while meeting the ordinance.  He said that if this did not work, he was going to ask for a text amendment to the ordinance to allow the installation of dry sewer to fulfill the requirement of sewer in the LMR district.

 

Dan Lennington said that the only way to use footnote (f) was in reference to two family dwellings and the language of the ordinance requires that there be no other reading of this wording.  He said that the zoning administrator made the logical decision.

 

Moved by Carl DeVree, seconded by Joyce Weise, to concur with the Zoning Administrator’s determination that the ordinance requires sewer in LMR lots and that the installation of dry sewer does not fulfill the requirement for sewer in the LMR lots.  This determination is based on the following findings of fact: this interpretation is consistent with the language of the footnotes in the zoning ordinance.

 

MOTION CARRIED.

 

#051214-06 – Adjournment

The meeting was adjourned at 9:40 p.m.



[1] On January 12, 2005, the ZBA denied GLS’s request for a zoning variance from the frontage requirement.