Little Traverse Township Zoning Board of Appeals
August 25, 2005 5:30P.M.
Little Traverse Township Hall

Chairman Joe Chattaway called the meeting to order with all Board members present: Matt Duran, Joe Leach and Joe Chattaway. Also present were Randy Frykberg, Jane Taylor, Edward Veltman, Jean Beckley, Jack Zaremski and Bill Dohm.

Minutes:
A motion to approve the minutes of May 12, 2005 was offered by Duran and supported by Leach. Approved by voice vote.

Case #A-4-05B
Conduct a Public Hearing on a request by Harbor Park Market to permit one minute intermittent changes on their message board on their freestanding sign.
Randy Frykberg gave the background on the case saying, on March 7, 2005 the Township Zoning Board approved a signage plan for Harbor Park Market, Wendy’s, the Marathon Station, and Car Wash without realizing that the free standing message board was a scrolling marquee. Harbor Park Market subsequently purchased the free standing sign.
He went on to say the Zoning Ordinance does not allow illuminated signs if they are flashing or intermittent, unless approved by the Board of Appeals. Therefore, when it became known that part of the sign was intermittent, a variance request was presented to the Zoning Board of Appeals. On May 12, 2005 the Zoning Board of Appeals denied a request for a scrolling sign. Since that time, the message on the marquee has not changed at a frequency of less than one-minute between messages, and they changed the background color of the marquee from red to black. This request is to permit changes in their message board at not less than one minute intervals. The property is Zoned B-2, General Business.
Chairman Chattaway opened the Public Hearing.
Matt Duran felt the intent of the Ordinance was not to have any intermittent signs.
Randy Frykberg said the intent is “distraction” as a traffic safety issue. He felt if the message changes at 1 minute intervals it is not distracting to traffic. He said the red background on the sign was distracting but the black was not.
Matt Duran said this is an unusual sign for this area. Other signs represent several businesses like McDonalds and Toski Sands, and many are not lit nor of this size and do not impede their businesses. He noted McDonald’s sign is no longer scrolling and their message doesn’t change for a week at a time. He felt less is better with signs and felt the Board was being backed against the wall to approve this with the pending litigation.
Jean Beckley supported Duran’s comments 100% .She said she would like to see no blinking, no intermittent, and a change of gas price only once a day. She said the sign is a distraction along with those bright lights under the canopy.
Jack Zaremski said nobody drives M-119 slow. He said there is an average of 16,000 cars a day on M-119. He said the signs Duran talked about were not in this township.
Bill Dohm said he had a degree of agreement with Duran and Beckley. The sign size was approved by the Zoning Board. The charge before the Board tonight is safety, health, and Public Welfare. The issue here is safety and how often can a sign change without distracting a motorist. It can glare to the point of distracting. He said the black background on the bottom has less impact that the top of the signs. He said the County set the regulation for the McDonald’s sign to change 3 times a day. He questioned whether it was more or less distracting to have someone change the sign from outside or to change it automatically from inside. He said there is a lawsuit filed on hold in Circuit Court appealing the denial of the scrolling sign. The owners of the property had said they could live with one minute interval.
Duran’s concerns were with the number of these signs that can pop up, saying with the number of businesses with signs right in this area we could end up with 4 intermittent in a row.
Frykberg said that is why we address these case by case.
Leach asked if this was going to be an extended or a quick change message.
Frykberg said the change would be at one time in unity, not one word flashing on after the other.
Leach noted each sign is looked at individually but he did not want this to be setting a precedence.
Joe Chattaway asked how many times a day did the gas price change on the signs.
Zaremski told him it was once a day by computer. He said the price sign and the message board are 2 separate units.
Bill Dohm again reminded the Board the request is to be able to change the message board not less than once a minute with safety being the issue.
Joe Leach said if we agree to approve this and the next person comes along, where are we at with it?
Frykberg said it is case by case with the Zoning Board of Appeals.
Zaremski stated the owners want the scrolling marquee but will settle for one minute intervals.
Beckley said if in fact you don’t deny this you are setting a precedence. You can see in the Ordinance it is not allowed. She felt the Board could not back down and let this happen.
Duran said with signs less is better for us. He felt people are used to seeing non-moving signs. He said up north is a pleasant diversion to have with not so “in your face” signs. He felt business comes down to service and quality.
Bill Dohm told the Board they need to define how often it can be changed based on fact finding so we can solve this issue.
Duran asked if intermittent was once a week or once a day.
Bill Dohm said it is changing once a minute, intermittent or blinking. Define intermittent.
Leach asked how the one minute interval was arrived at and was told by Bill Dohm he didn’t want it to be catchy or a traffic safety issue. He drove past it several times trying to determine what might be considered a safer interval. He said with 500 to 700 feet of road you usually would not see it change.
Leach realized the litigation in the background and asked how hard and fast they were with the one minute interval. Why not 5 minutes, 1 hour or once a day?
Zaremski said they could live with one minute.
Duran noted the Bowling Alley sign was opaque and lit but it didn’t glare or effect traffic. This Harbor Park sign is the only intermittent sign in the corridor.
Chairman Chattaway closed the Public Hearing.
Leach asked of the possibility of Bill Dohm talking to the owners to expand the one minute.
Duran felt intermittent sign compared to slide in letters would be better. He thought if this was a manual operated sign, you would not send people out to change it more than 3 times a day. Accommodating the electronic age it shouldn’t be changed more than 3 times a day.
Joe Chattaway agreed thinking one minute is asking too much.
Duran motioned to deny the request by Harbor Park Market, parcel # 24-08-16-22-100-004, the one-minute interval change on the message board and to interpret intermittent to be not more than 3 times a day equally spread during operating hours for this sign. The background must remain black with red lettering and the changes occur instantly rather than one line at a time, not to cause a distraction in regards to traffic safety. Reasons for the decision are: Unique circumstances: Sign is larger than normally allowed because all the businesses on the sign consolidated into one free standing sign. There fore any additions attracting further attention would be a traffic safety issue. It is a self creation. Compliance with the strict letter of the zoning ordinance would not prevent the owner from using his property for the permitted purpose. Being allowed to change the sign three times a day is substantial justice to the applicant as well as other property owners. At one minute it is not substantial justice. The original request does adversely affect the purposes or objectives of the Zoning Ordinance. Three times daily does not. Motion support came from Leach. Roll call vote: Duran, yes: Leach, yes: Chattaway, yes. Motion carried.
The Board recessed at 6:40 to prepare the final decision form.
The Board reconvened at 6:55. They read, reviewed and signed the final decision form as correct.
Case # A-5-05
Conduct a Public Hearing on a request by Edward Veltman for a front yard set-back variance to cover and existing deck at 5040 Cook Street in Conway.
Randy Frykberg reviewed the general facts saying the property is Zoned R-1, One Family Residential and is in the Village of Conway. The platted lot is a non-conforming lot due to size (width of 55 feet and a total size of 4,675 square feet). The structure is non-conforming due to front yard and east side yard encroachments. The present setbacks are 16’ front yard; 15’ west side yard; 6’east side yard; and 55’ rear yard. The request is to cover the deck on the west side of the house. The deck is 18’ from the front lot line and thus a 12’ variance is requested. The deck with build in railing and bench has been in place for many years. The house encroached further into the front yard (i.e. it is closer to the road) than the deck.
Chairman Chattaway opened the Public Hearing.
Leach noted there is no increase in the existing encroaching footprint. He asked if he had received any complaints.
Mr. Veltman said he had not. It was noted that the Township had not received any letters at all regarding Mr. Veltman’s request.
The Public Hearing was closed.
The Board was in agreement the roof over the deck would alleviate winter snow problems.
Duran motioned to grant a 12’ front yard variance for Edward Veltman at 5040 Cook Street, Conway, parcel # 24-08-16-24-176-014,for the purpose of rebuilding the front porch and allowing a roof to be built covering the deck (porch). The enjoyment of their property is enhanced and there appears to be no detriment to the neighbors. The objectives and purposes of the Township Zoning Ordinance are met. Practical difficulty warrants granting the variance. Reasons for the decision: Unique circumstances- the lot and structure are both non-conforming and the footprint of the structure will not be increased. This is not a self-created problem since the structure and lot existed prior to zoning. Compliance with the strict letter of the Zoning Ordinance would prevent the owner from reasonably using his property for the permitted purpose. This is such a small change that granting this variance will not increase any encroachments because the house is closer to the road and east side yard than the deck. The requested variances do not adversely affect the purposed of objectives of the Zoning Ordinance. Support for the motion came from Leach. Roll call vote: Leach, yes; Chattaway, yes; Duran, yes. Motion carried.
The Board recessed at 7:00 to prepare the Final Decision Form.
The Board reconvened at 7:10 to review and signed the Final Decision Form as correct.

Other business brought before the Board
Bill Dohm distributed a sample of the ZBA bylaws for future consideration.
Bill Dohm presented an adjusted site plan for Mary Van Lennep at 2232 Pennsylvania, parcel #24-08-16-200-013. The plan showed a revised Site Plan indicating a lesser variance needed as the addition was shifted to the west side.
The Board reviewed the plan and agreed it was a lesser variance and farther away from the neighboring residence.
Leach motioned to approve the amended site plan and accept the changes as presented. It is a minor adjustment and less encroaching and increases the set back from 18’ to 23’. The addition in now at 22’by 30’. Chattaway supported the motion.
Roll call vote: Duran, yes; Leach, yes; Chattaway, yes. Motion carried.

Adjourn:
Duran motioned to adjourn at 7:30 P.M. Support came from Leach. Approved by voice vote.
Meeting adjourned.

Respectfully submitted


Jane Taylor
Administrative Assistant