MINUTES
THOMAS TOWNSHIP ZONING BOARD OF APPEALS
PUBLIC SAFETY BUILDING
8215 SHIELDS DRIVE, SAGINAW, MI 48609
January 25, 2011 - 4:00 P.M.
1.
The Board of Appeals meeting was called to order at 4:00 p.m. by Chairman Bette
Syrek
Present:
Absent:
Bette Syrek, Mike Thayer, Don Milne, Tom Begin and Mike
Wegner. Also present were Dan Sika, Community Development
Director, Susan Coggin, Planning Assistant and three (3) interested
parties.
None.
2.
Pledge of Allegiance.
3.
Approval of the Minutes.
Motion by Mr. Begin, supported by Mr. Thayer to approve the minutes of October
12, 2010 as presented. Motion carried unanimously.
4.
Hearings
A. Variance Request: Dr. Dwight McNally, DVM – Gratiot Animal Hospital,
8455 Gratiot Road, Saginaw, Michigan 48609.
Explanation: The applicant is requesting a 9’-3” variance from Section 10-32(H) of the Thomas Township Zoning Ordinance to construct a parking lot
10’-7” from the street side yard line.
Mr. Sika stated that the applicant is proposing to reconfigure his existing
parking lot in order to add some additional spaces. This existing parking lot
consists of eleven (11) parking spaces with at least two (2) of the current
parking spaces encroaching twelve (12’) feet into the required street side yard
setback. The new parking lot would consist of twenty (20) parking spaces
allowing for future expansion of the facility. Ten (10) parking spaces under
this new configuration would be located approximately 9’-3” into the required
street side yard setback reducing the current encroaching by several feet.
Dr. Dwight McNally of Gratiot Animal Hospital and Mr. Terry Gregory and
Mr. Jay Wheeler of William A. Kibbe Associates were present to answer any
questions or concerns regarding this proposed variance.
Ms. Syrek asked for public comments in favor or in opposition to this
proposed variance request. All adjoining property owners within five hundred
(500’) feet were notified of the request. Mrs. Syrek read a letter from
Kathleen Andersen of 281 Gaslight Lane in opposition to this proposed
variance. There being no further public comments, Ms. Syrek closed the
public hearing portion of this variance request.
Discussion followed among the Zoning Board of Appeals members. Mr.
Wegner stated that the setback requirements were set by the Planning
Commission for a reason and that if this variance is approved, what other
properties along Gratiot have the same circumstance and could utilize the
same variance request. Mr. Milne asked the applicant is the proposed parking
is sufficient for an addition to the building? The applicant stated that it is
designed for the addition.
The Zoning Board of Appeals completed the Zoning Board of Appeals
checklist as follows:
1. Has the Applicant demonstrated that this variance is not contrary to the intent and
purpose of the Zoning Ordinance? Explain. It was the opinion of the Zoning Board
of Appeals that the setback could be met if it were moved back away from the septic
field.
YES Syrek, Begin and Thayer NO Milne and Wegner – The applicant has
demonstrated that this variance is not contrary to the intent and purpose of the Zoning
Ordinance.
2. Has the Applicant proven that a variance will not adversely impact adjacent
properties? Explain.
YES Syrek, Begin, Thayer, Milne and Wegner NO_______ - The applicant has
proven that a variance will not adversely impact adjacent properties as the new
parking will improve the traffic pattern on the property and improve the safety along
Gaslight.
3. Has the Applicant proven that a variance would not produce a nuisance condition
to nearby premises? Explain,
YES Syrek, Begin, Thayer, Milne and Wegner NO_______ - The applicant has
proven that a variance would not produce a nuisance condition to nearby premises as
the current parking lot layout is more of a nuisance due to dual parking and parking
on the grass.
4. Is the basis for the proposed variance unique and not shared by other properties
in the same Zoning District throughout the Township? (If the Board of Appeals finds
that the hardship is not unique, but common, then an amendment to the zoning
ordinance or a re-zoning should be pursued.)
YES Syrek, Begin, Thayer and Wegner NO Milne – The basis for the proposed
variance is unique due to the location of the lot on Gratiot and Gaslight, the size of
the lot and the lot being immediately adjacent to a residential neighborhood.
5. Has the Applicant shown that a variance will not otherwise impair the public
health, safety, or general welfare of the residents of Thomas Township?
YES Syrek, Begin, Thayer, Wegner and Milne NO_______ - The applicant has
shown that the variance will not otherwise impair the public health, safety or general
welfare of the residents of Thomas Township. The reconfiguration of the parking lot
improves the safety of both the customers and the citizens in the area due to better
traffic flow.
6. Are there unique or extraordinary physical conditions that do not apply to
other property or uses in the same zoning district and were not caused by an
act of the applicant?
YES Syrek, Begin, Thayer, Wegner and Milne NO _____ - The applicant has
shown that this property is unique due to the corner location, the size of the lot and
that it is adjacent to a residential neighborhood.
Motion by Mr. Begin, supported by Mr. Thayer to approve the variance request of
Dr. Dwight McNally, Gratiot Animal Hospital, to construct a parking lot 10’7” from the street side yard line. Yeas – 4 (Syrek, Begin, Milne and Thayer),
Nays – 1 (Wegner) Motion carried.
6.
Discussion – None.
7.
Old Business – None.
8.
New Business
A. Adopt 2011 Board of Appeals Meeting Schedule.
Motion by Mr. Thayer, supported by Mr. Wegner to adopt the 2011 Board of
Appeals meeting schedule as presented. Motion carried unanimously.
9.
Adjournment
It was moved by Mr. Wegner, supported by Mr. Thayer to adjourn the meeting at
4:44 p.m. Motion carried unanimously.
Respectfully submitted by Susan Coggin, Planning Assistant/Code Enforcement Officer.