BRADY TOWNSHIP ZONING BOARD OF APPEALS

MINUTES OF MEETING HELD JUNE 20, 2006

A meeting of the Brady Township Zoning Board of Appeals was held on June 20, 2006 commencing at approximately 7:00 p.m.

Members Present: Vice-Chairperson Aileen Greanya

Jim Laure

Kevin Allgaier

Mike Oswalt

Absent were Chairman James Dyke and Ed Haberle.

Also attending were Zoning Administrator Bob Logan and 6 concerned citizens.

APPROVAL OF MINUTES

Kevin Allgaier made a motion to approve the minutes of May 16, 2006 as published. Jim Laure supported the motion, and it was passed unanimously.

REQUEST FOR A VARIANCE BY GARY GRAY

Vice-Chairperson Aileen Greanya opened the Public Hearing.

Gary Gray reported that he appeared before the Planning Commission last month for site plan approval for a proposed restaurant and found that he did not have the required parking for delivery vehicles on the commercially zoned property he owns at 5216 East V Avenue in Brady Township. He is requesting that the requirement for special parking spaces for delivery vehicles be removed and that he be allowed to convert three of his regular parking spaces into small vehicle parking spaces. He stated that he used all available parking spaces for the 40 required for staff and patrons. He stated that due to the topography of the parcel, much of which is wetland, there is no more room available. Mr. Gray stated that he would have all deliveries made before 11:00 a.m. when the restaurant is to open for business.

Mike Dee, 5280 East V Avenue, an adjacent neighbor, asked if Mr. Gray could guarantee that all deliveries will be made before 11:00 a.m. Kevin Allgaier responded that most restaurants do not take deliveries during peak business hours.

LeRoy Rawlinson, 5297 East V Avenue, had questions about the water dump in the curbs. Mr. Gray stated that the Kalamazoo County Road Commission must approve the curbs.

Bob Logan, representative from SCMCCI, stated that the terrain of the parcel prohibits any further development for parking spaces.

The Zoning Board of Appeals considered the variance request with the variance standards as published in Article XXIII, Section 23.8 of the Brady Township Zoning Ordinances.

The board members determined that: item (a) of the variance standards are met due to the exceptional narrowness and shape of the parcel and because of the exceptional topography—much of the parcel is wetlands; item (b) is met because there will not be substantial detriment to adjoining properties nor impair the public health, safety or welfare; item (c) is met due to the narrowness, shape, and topography of the land; item (d) is met by the idea that Mr. Gray should be able to have a commercial enterprise on a commercially zoned parcel.

James Laure made a motion to approve the variance request to allow the parking of delivery trucks during non-business hours. Kevin Allgaier seconded the motion, and it was passed unanimously.

Gary Gray stated that he would like to convert 3 of the 40 parking spaces into small vehicle parking spaces. The standard parking space is 9’ x 20’ and the small vehicle parking space is 8’ x 18’. He stated that although not necessary, these smaller spots strategically placed (as shown on his site plan this evening) would make traffic flow, parking, and backing up easier and safer.

There was no public comment.

The Zoning Board of Appeals considered the variance request with the variance standards as published in Article XXIII, Section 23.8 of the Brady Township Zoning Ordinances.

It was determined that all four items were met for the same reasons as stated in paragraph 5 above.

Mike Oswalt made a motion to approve the variance request by Gary Gray to convert 3 of the parking spaces to s’ x18’ small vehicle parking spaces, as designated on the site plan this evening. James Laure seconded the motion, and it was passed unanimously.

LeRoy Rawlinson asked if Mr. Gray has enough handicapped parking. Mr. Gray stated that the engineers told him that 2 spaces are required. Bob Logan agreed to recheck this matter before the site plan review is held by the Planning Commission.

There was a motion by Mike Oswalt to adjourn the meeting at 8:30 p.m., supported by Kevin Allgaier and passed unanimously.

Respectfully submitted,

_____________________

Aileen Greanya, Vice-Chairman

Brenda Brock,

Recording Secretary