ZONING BOARD OF APPEALS MINUTES, APRIL 11, 2017

CITY OF LINDEN

COUNCIL CHAMBERS, 201 N. MAIN STREET

CALL TO ORDER

The regular meeting of the Linden Zoning Board of Appeals was called to order at 6:00 p.m. by Chairman Scott Ward. The meeting was held in the Council Chambers on the lower level of the Mill Building at 201 N. Main Street, Linden, Michigan.

ROLL CALL

PRESENT:McComb, Kinyon, Dick, Ward, McDaniel

ABSENT:Ciesielski

OTHERS

PRESENT:Adam Young:City Planner, Zoning Administrator

MINUTES

Motion by Ward, seconded by McComb to approve the minutes for the January 13, 2015 ZBA Regular Meeting. Motion passed.

PUBLIC HEARING

(A)605 West Broad Street (Taco Bell) – Escape Lane / Menu Board Sign Variances

Young provided background on the project for 605 W. Broad for Taco Bell and their two variance requests to the City of Linden Zoning Ordinance (Section 9.7.1 and Section 10.7.3) associated with a proposed Taco Bell restaurant. Petitioners are requesting the first variance to install a menu board sign which exceeds the size and height limitations of the Zoning Ordinance and a second variance to not provide an escape lane along the drive-through lane.

Chairman Ward opened the public hearing at 6:06 PM. Chairman Ward closed the public hearing at 6:07 PM. There were no public comments.

CITIZENS’ COMMENTS

None.

CORRESPONDANCE

None.

UNFINISHED BUISNESS

None.

NEW BUISNESS

(A)ZBA 01-17Election of Officers

Passed motion by Kinyon, second by Dick, to cast a unanimous ballot to elect Scott Ward as Chairman for the ensuing year. Motion carried by full yea vote.

Passed motion by Ward, second by Dick, to cast a unanimous ballot to elect Dan McComb as Vice Chairman for the ensuing year. Motion carried by full yea vote.

Passed motion by McComb, second by McDaniel, to cast a unanimous ballot to elect Chris Kinyon as Secretary for the ensuing year. Motion carried by full yea vote.

(B)ZBA 02-17605 West Broad Street (Taco Bell) – Escape Lane / Menu Board Sign Variances

Bill Becket representing Taco Bellspoke providing an overview of his variance request and answered questions for the Board. The Board discussed that if the variance is granted to allow Taco Bell to not provide an escape lane, than a condition of signage should be attached to make patrons aware that the lane will be for drive-thru only.

Motion by Dick, seconded by Kinyon to approve the variance from Section 10.7.3 to not require an escape lane, based on a demonstration of practical difficulty in accordance with the review standards of Section 12.4.5(1) as documented in the Planning Consultants review letter dated April 6, 2017, and under the condition that a pavement marking and a sign is provided, which indicates that the access lane is drive-thru only.

YAYS: McDaniel, McComb, Kinyon, Ward, Dick

NAYS: None

ABSENT: Ciesielski

Motion by Kinyon, seconded by Ward to approve the variance from Section 9.7.1 to allow a menu board sign, which is 44.5 square feet in area and 7 feet 2 inches in height, based on a demonstration of practical difficulty in accordance with the review standards of Section 12.4.5(1)as documented in the Planning Consultants review letter dated April 6, 2017.

YAYS: McComb, Ward, Dick, Kinyon, McDaniel,

NAYS: None

ABSENT: Ciesielski

BOARD AND COMMITTEE REPORTS

We are planning on having an upcoming join training session with the Planning Commission. We will make sure to notify you once all the details have been worked out. It will likely take place before one of the regular Planning Commission meetings.

Young: Do we want to consider forwarding a recommendation to the Planning Commission regarding updating the ordinance in regards to menu boards?

Kinyon: Possibly it is something that should be considered on more of a case by case basis

ADJOURNMENT

The meeting was adjourned by the Chairperson at 6:55 PM.

Respectfully Submitted,

______Approved: ______

Erica Armstrong, Deputy City Clerk

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