CITY OF HUDSONVILLE
Zoning Board of Appeals

October 16, 2007

FORMAL – JFM Enterprises, LLC – Dimensional Variances
INFORMAL – None
Present: 
Jelsema, Lubbers, VanDenBerg, Aukeman (alternate) and Strikwerda
Absent: 
Brummel, VanderMaas

FORMAL SESSION:

1. Chairman VanDenBerg called the meeting to order at 7:05 p.m. Dan Strikwerda explained to the applicant’s representative that an absent member was an automatic “no” vote. The representative chose to go forward with the meeting.
2. Motion made by Jelsema, supported by Lubbers, to approve the minutes of the August 21, 2007 meeting.
Yeas 4, Nays 1 (absent)
3. JFM Enterprises, LLC – Dimensional Variances

JFM Enterprises, LLC, 4277 Byron Road, Hudsonville, MI 49426 has applied for two dimensional variances at 6375 Balsam Drive, Hudsonville, MI 49426, parcel #70-14-28-100-002. The requests are for a variance of 45’ from Section 5-15 (E) (2) of the City of Hudsonville Zoning Ordinance which requires the lot width to be 100 feet and for a variance of 10’ from Section 8-3D and 8-4 of the City of Hudsonville Zoning Ordinance which requires a 10 ft. wide landscape buffer between properties.

At this point Chairman VanDenBerg opened the public hearing.

Steve Witte of Nederveld was there to represent the owner. The owner has requested two variances with the intention of splitting the developed portion at 6375 Balsam Drive from the undeveloped portion. The property is zoned light commercial and is about 8 acres. The developed portion includes Signature’s and McConomy Photography which is on about 1 acre.

Dan Strikwerda read a letter from Bob Deppe of RDI Companies urging the Board to deny the landscape buffer request.
Dave Oostindie – 2984 Stoney Creek Ct. – questioned the frontage.
Strikwerda – This is a narrow parcel. The frontage variance is for the undeveloped part of the property only.
After all present were given the opportunity to speak, Chairman VanDenBerg closed the public hearing.

Jelsema – Should there be two frontage variances?
Witte – The property is only 136’ wide at the road but it is 180’ wide at the building setback where it is measured, so only one variance is needed.
Strikwerda – It was going to be built as a phased PUD. After the first phase was completed in 2000, the remaining phases fell through in part since ownership was different and the economy changed. It is difficult to sell commercial property that does not have frontage on a primary road. There are two dimensional requests. The primary request is for reduced lot frontage. An approval of reduced lot frontage to allow for the lot split also requires the need for a dimensional variance to eliminate the landscape buffer along the new lot line since the new lot line will go through the existing parking lot.
Aukeman – Can lot “B” ever be split? How could it be developed?
Strikwerda – The uses are limited due to a lack of visibility from Balsam Drive.
Witte – There are three possibilities they have looked at for developing this property: as a single user, a PUD or a condominium development. Since they don’t know how it is going to be developed, it is best to split the property.
Lubbers – Are there currently any plans to develop the property?
Strikwerda – No. The current owner is attempting to limit costs since the other partners left.

Are there unique circumstances or conditions that apply to this property?
Jelsema – Yes. The narrowness of the lot makes it unique. It is over 1,000’ deep but only 136’ wide at the road.

Does the request of this variance go beyond the possibility of increased financial return for the applicant?
VanDenBerg – Yes. It is not meant to increase their financial return.

Has the immediate practical difficulty been caused by anything other than what the applicant has done?
Jelsema – Yes. The shape of the parcel is a challenge.
VanDenBerg – The owner has limited options.

Will granting this variance uphold the spirit of the ordinance, secure public safety, and uphold substantial justice to property owners in the district? In turn, will denying this variance prevent you, the applicant, substantial rights and privileges that others in the same zoning district are able to enjoy?
VanDenBerg – The end result of being able to develop will not be changed by the variance.
Has the applicant explored all possible alternatives?
VanDenBerg – Yes, the applicant has explored several alternatives. This option fits best.

A motion was made by Aukeman, supported by Jelsema, to approve the request for a 45’ variance on the lot frontage and a 10’ variance on the landscape buffer with the following conditions:

  1. Joint access to both driveways for the undeveloped parcel will be allowed.
  2. The exemption for a 10’ landscape buffer is for the new lot line only.
Yeas 4, Nays 1 (absent)

INFORMAL SESSION:

.
No business to discuss.
4.
A motion was made by Lubbers, supported by Jelsema, to adjourn at 7:30 p.m.
Yeas 4, Nays 1 (absent)
Susan Dykema
Recording Secretary

Dan Strikwerda, AICP
Planning/Zoning Administrator

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