Flushing Zoning Board of Appeals
Minutes
A Special Meeting of the Flushing Zoning Board of Appeals was called to order on Monday, January 29, 2007 at 7:30 p.m. by Chairperson Patrick O'Callaghan, followed by the Pledge of Allegiance to the Flag.
Present: Edward Borkowski
John H. Daly
Kevin J. Keane
David R. Martus
Patrick O’Callaghan
Absent: None
Others Present: Dennis J. Bow, City Manager
Nancy G. Parks, City Clerk/Treasurer
Doug Piggott, Rowe Incorporated
Oath of Office - The Clerk administered the Oath of Office to Kevin Keane.
Election of Officers -
Chairperson - Motion by Borkowski, seconded by Martus, to appoint Patrick O'Callaghan as Chairperson.
Yea: Borkowski, Daly, Keane, Martus, O'Callaghan
Nay: None
Motion Carried.
Vice Chairperson - Motion by Martus, seconded by Borkowski, to appoint John Daly as Vice Chairperson.
Yea: Borkowski, Daly, Keane, Martus, O'Callaghan
Nay: None
Motion Carried.
Approval of Minutes - Motion by Daly, seconded by Martus, to approve the December 18, 2006 minutes of the Zoning Board of Appeals, as written.
Yea: Borkowski, Daly, Keane, Martus, O’Callaghan
Nay: None
Motion Carried.
Agenda Amendment - Motion by Keane, seconded by Daly, to move MEETING OPEN TO THE PUBLIC after the public hearings.
Yea: Borkowski, Daly, Keane, Martus, O'Callaghan
Nay: None
Motion Carried.
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Minutes
Page Two
Agenda Approval - Motion by Keane, seconded by Borkowski, to approve the January 29, 2007 agenda, as amended.
Yea: Borkowski, Daly, Keane, Martus, O’Callaghan
Nay: None
Motion Carried.
The
Zoning Board of Appeals adjourned to Central Elementary School, 525 Coutant
Street, at 7:31 p.m.
The
Zoning Board of Appeals reconvened the January 29, 2007 meeting at Central
Elementary School, 525 Coutant Street, at 7:45 p.m.
PUBLIC
HEARINGS:
Appeal - 201 N. McKinley Road - An application representing an appeal to a determination of approval of a Special Use Permit for the Flushing Christian Outreach Center (201 N. McKinley Road), as approved on December 4, 2006.
On December 6, 2006 Ms. Elaine Mugan requested to appeal to the Zoning Board of Appeals the Special Use Permit approval granted, and requested that it be re-located to another or different parcel, which is not residentially zoned, as the minimum zoning standards were allegedly not met. Ms. Mugan raised several concerns questioning the discretion used to permit the use of this facility, and requests the Special Use Permit be reversed.
The Special Use Permit was approved subject to:
1. St. Robert's dumpster is to be used for trash overflow.
2. Site lighting is to conform to the ordinance requirements.
3. Site signage is to conform to the ordinance.
4. The hours of operation will be from 8:00 a.m. to 7:00 p.m., with appointments scheduled at a maximum of five (5) per half hour.
5. Volunteer staff will park offsite at the St. Robert's Church or United Methodist Church parking lots.
Approval was also contingent upon any required approval of variances being granted for:
1. Parking space size.
2. Fence height and material.
3. Handicap ramp encroachment into setback and clear vision triangle.
The appeal was held in accordance with the authority granted through Section 153.1107, Appeals, and through Section 153.1106, Powers of the Board, as follows:
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Minutes
Page Three
153.1107 APPEALS.
(A) An appeal to the Zoning Board of Appeals, based in whole or in part on the provisions of this ordinance, may be taken by any person, firm, or corporation aggrieved or by any governmental officer, department, board or bureau affected by the decision of the Zoning Administrator or any other administrative official or body. Such appeal shall be taken by filing a notice of appeal with the City Clerk. Such appeal shall be made in writing on appropriate forms provided by the City Clerk, payment of the required fee, and shall specify the grounds for such appeal. The City Clerk shall transmit all papers constituting such appeal to the Board. The Board may require the applicant to furnish such survey, plans or other information as may reasonably required to the Board for the proper consideration of the matter. Upon a hearing before the Zoning Board of Appeals any person or party may appear in person, by agent, or by attorney.
(B) An appeal shall stay all proceedings in furtherance of the action appealed after notice of appeal has been filed with the City Clerk that, by reason of facts stated in the certificate, a stay would cause imminent peril to life and property, in which case the proceedings shall not be stayed otherwise than by a restraining order, which shall be granted by the Zoning Board of Appeals or by the circuit court on application, on notice of the Building Inspector and on due cause shown.
153.1106 POWERS OF BOARD.
The Zoning Board of Appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of this ordinance. The powers of the Zoning Board of Appeals include:
(A) Appeal of Administrative decisions. To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision, or refusal made by the Zoning Administrator or any other administrative official or body in carrying out or enforcing any provisions of this ordinance.
(B) Interpretation. The Zoning Board of Appeals shall have the power to hear requests for interpretation of the text of this ordinance as well as the zoning map.
(C) Variance. The Zoning Board of Appeals shall have the authority to consider use variances and non-use variances.
(D) Initiate an amendment to the zoning ordinance text or map as permitted in Section 153.1202 of this ordinance.
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Minutes
Page Four
A public hearing was properly noticed and held. A significant amount of time was taken debating the conditions and standards, as reflected in a November 10, 2006 Site Plan Review letter that was provided by the city engineer and city planner. After conclusion of the Public Hearing and debate, the final approval was unanimously approved.
The
City Manager advised the Zoning Board of Appeals that, when reviewing appeals,
the Zoning Board of Appeals should recognize that a body or official has
already taken action. The Zoning Board
of Appeals is to review that action to determine if the standards and
requirements of the ordinance have been properly applied to the approval of the
Flushing Christian Outreach Center, as approved on December 4, 2006. The appeal should not be treated as a new
application for reviewing a decision. The
Zoning Board of Appeals is to consider the record that has been compiled.
Mr.
Doug Piggott, representing Rowe Incorporated, advised the Zoning Board of
Appeals that the Michigan Municipal League's Zoning Board of Appeals Handbook
states that:
"Although
the ZBA may reverse or affirm, wholly or partly, or may modify a prior decision,
its powers are generally limited to determining whether or not the official or
body making the administrative decision acted properly. The ZBA must recognize that the zoning
administrator or planning commission has already made a decision regarding the
issue as part of its delegated duties.
The role of the ZBA is to determine whether the decision was authorized
or supported by the zoning ordinance.
In
addition, the ZBA should not treat the appeal as a new decision. Rather, review of the decision should be
limited to the information that was available to the body or person who made
the decision initially. Allowing
testimony or evidence in addition to that previously submitted is
inappropriate, unless the zoning ordinance directs otherwise.
In
those instances where the official or body used proper procedures and
standards, the ZBA should uphold the decision, even if the members personally
disagree with the result."
Attached
hereto and made part of these minutes is the appeal, as presented by the
appellant, Mrs. Elaine Mugan.
Mr.
Donald Stevens, 1130 Birchwood, introduced the
pastors of the seven (7) churches involved in the Flushing Christian Outreach
Center.
John
Costa, 417 Old Mill Drive, the architect for
the Outreach Center, stated that he would be happy to answer any questions the
Board had concerning the project.
John
Howe, 436 Leland, who is affiliated with the
Knights of Columbus, stated that the Knights of Columbus purchased the building
at 201 N. McKinley Road for the purpose of establishing an Outreach Center.
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Verna
West, 204 Elm Street, felt that the center was
a good idea and would not be a problem.
Elva
Cook, 1459 Flushing Road, stated that a church
can build anywhere in a residential district on a parcel exceeding three acres.
Michael Witt, 221 N. Cherry, supports the center wholeheartedly. He has never had any problem with traffic or
clientele.
The
pastor of the Westside Baptist Church spoke in favor of the center.
Gerald
Evans, 205 N. McKinley Road, stated that he
has no objections to the outreach center being located next door to his
property.
Mrs.
Yassick, 669 Bending Brook, voiced her
approval of the Outreach Center.
Ed
Sullivan, 211 Labian, stated that he feels the
Planning Commission acted appropriately, and that the Outreach Center would not
endanger children attending St. Roberts.
Chairperson
O'Callaghan closed this portion of the public hearing.
Mr.
Daly stated that it was his understanding that 201 N. McKinley Road is zoned
R-2. When he looks at the uses for R-2
property, the plan is consistent with the uses in the R-2 zoning district, as
spelled out in the Zoning Ordinance. He
stated that he believed the Planning Commission acted appropriately.
Mr.
Borkowski stated that, according to the ordinance, there is already a process
in place to revoke a Special Use Permit if conditions that were laid out are
not met.
Mr.
Keane stated that, as the Planning Commission member appointed to the Board of
Appeals, under the ordinance, he assured his fellow board members that this use
was approved conditionally and contingently.
He stated that, during the site plan review, the applicant assured the Planning
Commission that the conditions would be met, and there was no reason to doubt
the intent or veracity of the request.
The Special Use Permit was granted according to the ordinance.
Mr.
O'Callaghan stated that he echoed Mr. Daly's comments, and felt the Special Use
Permit was issued appropriately.
Abstention - Motion by O'Callaghan, seconded by Martus, to
approve the request of Mr. Keane to abstain from voting on the appeal for 201
N. McKinley Road, as he also serves on the Planning Commission.
Yea: Borkowski, Daly, Keane, Martus, O'Callaghan
Nay: None
Motion
Carried.
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Minutes
Page Six
Appeal - 201 N. McKinley Road - Motion by Daly, seconded by Borkowski, that action of the Planning Commission in approving the Special Use Permit for 201 N. McKinley Road, i.e. the Flushing Christian Outreach Center, of December 4, 2006, be upheld.
Yea: Borkowski, Daly, Martus, O'Callaghan
Abstain: Keane
Nay: None
Motion Carried.
Meeting Schedule - Motion by Daly, seconded by Martus, to set the following meeting schedule:
March 19, 2007
June 18, 2007
September 17, 2007
December 17, 2007
Yea: Borkowski, Daly, Keane, Martus, O'Callaghan
Nay: None
Motion
Carried.
MEETING
OPEN TO THE PUBLIC:
Elva Cook, 1459 Flushing Road, encouraged residents to attend City Council meetings.
Adjournment – Motion by Martus, seconded by Daly, to adjourn.
Yea: Borkowski, Daly, Keane, Martus, O’Callaghan
Nay: None
Motion Carried.
Adjourn: 8:45 p.m.
______________________________
Nancy G. Parks, City Clerk/Treasurer