Zoning Board of Appeals
Quarterly Administrative Meeting
Casco Township Hall
July 12, 2006
7:00 PM

Call to Order

Chairman Ruemenapp called the meeting to order with the Pledge of Allegiance at 7:00 PM.

Present: J. Andersen, S. Bishop, B. Cole, N Gasparetto, D. Goulston, B. Ruemenapp

Motion – Approval of Minutes

B. Cole moves to approve the minutes of the Zoning Board of Appeals Meeting held June 28, 2006. J. Andersen seconds the motion. M/C

Motion – To Approve Agenda

N Gasparetto moves to approve the agenda as submitted. B. Cole seconds the motion.
M/C
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James Ewald, Susan Coppens and a neighbor are present at the meeting.


Appeal 2006-3 (James N. Ewald)

James N. Ewald, 9391 Lindsey Lane, Casco MI 48064 requests a variance to Section 13.05 B4 requiring a berm and greenbelt on the west side of the Parcel #120211004000 and an exemption to 13.05 B 9 requiring surfacing of the parking area.

The township resident present at the meeting is asked if he has any objections to the variance request. He states does not have objections.

D. Goulston asks if there is liability insurance and if the insurer objects to grass parking.

Ms. Coppens states there is liability coverage and no objection to a grassed parking area.

J. Andersen inquires about parking for school busses.

Ms. Coppens responds that there are no specific plans but that busses could park in the drive going to the pole barn nearby.

Chairman Ruemenapp states the intent of the berm and greenbelt requirement is to provide screening. Since there are no proximate residences nor will any be built because of the freeway on the west side and the overpass is a screen for the property the berm is not necessary.

Chairman Ruemenapp notes that a corn maze is a use that was not considered when the Zoning Ordinance was drafted and the ordinance does not contain special provisions to govern a corn maze.

He also notes that the provisions of the Zoning Ordinance governing a temporary use may be appropriate to address some of the issues raised in this variance request. However the variance was requested under provisions 13.05 B4 and B9 and Zoning Board may only consider the variance request as presented.


Motion – Appeal 2006 – 3 Part 1 (James Ewald)

N. Gasparetto moves to grant a variance to Section 13.05 B4 of the Zoning Ordinance to exempt the parking area from the requirement of a greenbelt and berm on the west side of the parking area facing the road. D. Goulston seconds the motion. M/C

The variance is granted for the following reasons:

The overpass for the freeway provides screening.
A hardship exists because of the temporary nature of the parking area.
The parking lot is only used annually for 27 days.
The lot may be moved in the future.
No harm will be done in granting the variance.

Chairman Ruemenapp states that the Township Planning Commission is particularly concerned with the possibility of muddy conditions where the mud is carried onto the roads from the parking area.

Ms. Coppens states that grass parking areas are most common for corn mazes. She states that the maze would not open in wet weather.

B. Ruemenapp states that the Township may ask the County to clean the road at the resident’s expense if mud becomes a problem.

D. Goulston states that he is reluctant to go against the recommendations of the Township Planning Commission, but is concerned about the maintenance of a graveled area during the 10 months it is not in use.

D. Goulston also expresses concern about what would happen to a graveled area if the corn maze were discontinued or the parking area moved.



Motion – Appeal 2006-3 Part 2(James N. Ewald)

D. Goulston moves to grant a variance to Section 13.05 B 9 to permit a grassed parking area with a graveled drive of crushed concrete and/or crushed asphalt and/or stone aggregate in the location specified on the site plan approved by the Casco Township Planning Commission with the following stipulations:

The applicant must comply with all township ordinances.
The amount of material, dimensions and location of the gravel drive must be approved by the Planning Commission.
The applicant must take whatever steps are necessary to insure that no one parks on the road.
The applicant may gravel the parking lot.

The variance is granted for the following reasons:

A hardship exists because of the short seasonal use.
A hardship exists because the approved special use may necessitate relocating the parking area in the future.
The Sections 13.05 B 5 and B9 of the Zoning Ordinance do not address the short seasonal operation of a corn maze.
The variance permits a reasonable use of the property.
Grass and gravel are in keeping with the character of the surrounding area.
A graveled parking area may become unsightly when not in use or if the special land use is discontinued.
Graveling the parking area may discourage appropriate use of the land for other purposes if the corn maze is discontinued.
Any future change in the parking area location requires approval of a new site plan by the Planning Commission that meets the requirements of the Zoning Ordinance, unless a new variance is granted.
No harm is foreseen in granting the variance.

M/C

B Ruemenapp votes against approving the variance because he is concerned about a grass parking area quickly turning to mud in wet weather. He states that in his experience as a farmer grass deteriorates rapidly with traffic when used for parking, particularly when wet.

N. Gasparetto opposes granting a variance and reiterates the Chair’s concerns. She states the she does not think grass is adequate for parking and that she agrees with the recommendations of the Township Planning Commission.

Motion – To Adjourn

N. Gasparetto moves to adjourn. B. Cole seconds the motion. M/C

Meeting adjourned at 8:20 PM.