Aug 19, 2026 Zoning Board of Appeals Meeting

[1. CALL MEETING TO ORDER ]

[00:00:02]

GOOD TO GO. GOOD EVENING AND WELCOME TO THE CHARTER TOWNSHIP OF MERIDIAN VOTING BOARD AND FIELD MEETING. IT IS 6:31 AND I'M GOING TO GO AHEAD AND CALL THIS MEETING TO ORDER, BEGINNING WITH JUST A ROLL. SO, MEMBER BENOIT? PRESENT.

MEMBER KOENIG? PRESENT.

MEMBER TREZISE? PRESENT.

AND CHAIRMAN MANSOUR IS

[2. APPROVAL OF THE AGENDA]

OKAY.

THIS EVENING AND ZVA CASE NUMBER 2609 STILSON, THEY WITHDRAW CERTIFICATION. SO, IF THERE ARE PEOPLE HERE THAT WISH TO SPEAK ON THAT, WE CAN TAKE IT, BUT WE HAVE NO ACTION PLANNED ON THIS.

ALL RIGHT, SO THIS IS MEMBER TREZISE HAS ADDED THAT WE NEED TO REMOVE CORRECTIONS, APPROVAL AND RATIFICATION MINUTES FROM THE AGENDA. AND ALSO, ZBA CASE NUMBER 2609 STILL SEND BECAUSE THE APPLICANT WOULD DO THEIR APPLICATION SUPPORT. I'LL SUPPORT IT. THOUGHTS, QUESTIONS, COMMENTS ON TONIGHT'S AGENDA? OKAY, I'LL VOTE TO APPROVE TONIGHT'S AGENDA WITH THE COUPLE OF CORRECTIONS AS NOTED BY MEMBER TREZISE. MEMBER BENOIT.

YES.

MEMBER KOENIG? YES.

MEMBER TREZISE.

YES.

AND CHAIRMAN MANSOUR.

YES.

SO, WE WILL GO ON TO COMMUNICATIONS OF WHICH THERE IS NONE. AND NEXT, ON THE AGENDA WOULD BE UNFINISHED BUSINESS OF WHICH THERE IS NONE. SO, WE

[6.A. ZBA CASE NUMBER: 26-08 (1930 Grand River), Sheetz Inc ]

1930 GRAND RIVER CHIEFS INCORPORATED. MR. SCHMITT.

THANK YOU, MADAM CHAIR. SO, THE REQUEST OF FRAME THIS EVENING IS FOR CONSTRUCTION OF THE NEW GAS STATION CONVENIENCE STORE AND THE ASSOCIATED PUMPS PROPERTIES 1878 AND 1930 VANDOVER. SO JUST TO GIVE YOU A BRIEF OVERVIEW ON AERIAL PHOTOS, OBVIOUSLY MARSH AND GRAND RIVER, WHAT WE'RE TALKING ABOUT ARE THESE TWO BUILDINGS.

THIS IS THE VAYTAN VERIZON BUILDING. THIS IS THE ALPSTRAINER CAR WASH BUILDING.

BOTH OF THOSE BUILDINGS WOULD BE DEMOLISHED TO MAKE WAY FOR NEW SHEETS.

THIS IS A ROUGH.

THIS IS A SITE PLAN THAT HAD BEEN REVIEWED INITIALLY FROM A SPECIAL USE PERMIT BY THE PLANNING COMMISSION WAS APPROVED SUBJECT TO THEM RECEIVING A VARIANCE FOR THE NUMBER OF FUELING POSITIONS. THE ZVA MAY RECALL THAT THE ORDINANCE CURRENTLY HAS A PROVISION THAT LIMITS THE NUMBER OF FUELING POSITIONS TO A TOTAL OF 10 STATIONS. THE APPLICANT IS PROPOSING EIGHT DOUBLE SIDED STATIONS FOR A TOTAL OF 16. AND SO, THE VARIANCE THAT THEY ARE SEEKING IS FOR SIX ADDITIONAL FIELDING STATIONS. THIS IS A VERY SIMILAR REQUEST TO THE ONE YOU HEARD IN MAY OF THIS YEAR FROM ANOTHER GAS STATION. THIS FOLLOWING THIS ACTION, SHOULD THE ZONING BOARD OF APPEALS APPROVE THIS, THEY WILL STILL HAVE TO GO THROUGH SITE PLAN REVIEW, GET ALL NORMAL APPROVALS BEFORE ANY CONSTRUCTION BEGINS.

BE HAPPY TO ANSWER ANY QUESTIONS THE BOARD MIGHT HAVE.

AND THE APPLICANT IS HERE THIS EVENING TO SPEAK ON MATTERS.

GREAT.

THANK YOU. MR. SCHMITT. WOULD THE APPLICANT OR THE APPLICANT'S REPRESENTATIVE LIKE TO COME AND SPEAK ON THE SEAT WHEN YOU GET THERE? SIR, PLEASE JUST GIVE YOUR NAME AND ADDRESS FOR THE PUBLIC RECORD.

GOOD EVENING, EVERYONE. MY NAME IS ALEX SAWICKI FROM SHEETS.

YOU CAN FIND ME AT 39300 WEST 12 MILE ROAD, FARMINGTON HILLS, MICHIGAN.

GOOD EVENING, MADAM CHAIR, MEMBERS OF THE COMMISSION. MY NAME IS STEPHEN ESTEY. I'M COUNSEL FOR SHEETS. MY ADDRESS IS 32255 NORTHWESTERN. SHEETS 225 FROM FARMINGTON HILLS.

THANK YOU SO MUCH.

YEP.

SO, I JUST WANT TO GIVE YOU JUST A REAL QUICK HIGH OVERVIEW OF WHAT THE COMPANY IS AND THEN I'LL LET STEVE GIVE YOU ALL THE SPECIFICS ABOUT THE VARIANCE YOU'RE VOTING ON THIS EVENING. SHEETS WAS FOUNDED IN 1952 BY BOB SHEETS, THE FAMILY'S LAST NAME IN ALTOONA, PENNSYLVANIA. IT'S ABOUT HALF HOUR, 45 MINUTES SOUTH OF STATE COLLEGE, IF YOU KNOW WHERE THAT'S AT. SO NEARLY 75 YEARS LATER, IT'LL BE 75 NEXT YEAR. WE'VE EXPANDED NOW TO SEVEN STATES, SOON TO BE IN OVER 840 LOCATIONS NOW. SO DEFINITELY HAS GROWN QUITE A BIT. THE FAMILY IS STILL VERY MUCH INVOLVED. THERE'S ABOUT 18 OR SO MEMBERS OF THE FAMILY THAT OPERATE IN THE BUSINESS AT ALL DIFFERENT LEVELS CAN PERSONALLY ATTEST TO THAT. MY DIRECT SUPERVISOR IS A MEMBER OF SHEETZ FAMILY, SO I GET TO SEE THEM IN ACTION ALL THE TIME. IT'S REALLY COOL TO SEE, YOU KNOW, WHAT THE EMPIRE HAS GROWN INTO AND THAT THEY'RE STILL INVOLVED EVERY DAY. YOU KNOW, ALL THOSE YEARS AGO. WE FIRST STARTED AS JUST A RESTAURANT CONVENIENCE STORE. SO, FOR THE FIRST 25 YEARS OR SO WE DIDN'T SELL FUEL. SO, THE RESTAURANT CONVENIENCE STORE INSIDE IS ONE OF THE IMPORTANT THINGS. WHEN YOU GO INTO OUR STORES, YOU'LL SEE THE MTO LOGO MADE TO ORDER. YOU CAN ACTUALLY GET

[00:05:02]

I'M LIKE ONE HOLIDAY AT A TIME ANYWAY. WE ALSO HAVE A LARGE VARIETY OF GROCERY ITEMS. AGAIN, YOU CAN GET THIS ALL 24 7. SO, IT'S NOT JUST ALL THE TYPICAL CONVENIENCE STUFF, BUT YOU CAN GET BREAD, EGGS, BACON, TOILET PAPER. YOU MIGHT NEED THAT AT THREE IN THE MORNING. YOU NEVER KNOW.

WE ALSO ARE. WE GO ABOVE AND BEYOND, NOT JUST IN OUR OFFER, BUT IN BASICALLY EVERYTHING THAT WE DO. WE HAVE FULL SECTION BRICK AND STONE, ARCHITECTURAL, METALS, LIGHTING, FULL LANDSCAPING.

EVERYTHING IS FULLY IRRIGATED.

WE MAINTAIN EVERYTHING OURSELVES. WE HAVE MAINTENANCE IN HOUSE. WE DELIVER OUR OWN FUEL AND OUR OWN TRUCKS OWNED BY THE COMPANY. WE'RE ALSO A REALLY GOOD EMPLOYER.

FOR THE PAST 11 YEARS RUNNING, WE'VE BEEN ON FORTUNE'S TOP 100 LIST OF TOP 100 COMPANIES TO WORK FOR IN THE COUNTRY 11 YEARS RUNNING. ONE OF THE BEST TO WORK FOR WHEN YOU BREAK THAT DOWN INTO CATEGORIES. SO, WE WOULD BE LIKE IN RETAIL, WE'RE THE SECOND BEST RETAILER IN THE ENTIRE COUNTRY TO WORK FOR. I'VE BEEN WITH THE COMPANY ALMOST EIGHT YEARS NOW.

I AM ACTUALLY AN ELECTRICIAN BY TRADE. SO, I STARTED IN OUR MAINTENANCE TEAM. THEY PUT ME THROUGH BOTH MY BACHELOR'S AND MASTER'S DEGREES. NOW I WORK IN OUR ENGINEERING DEPARTMENT.

AND I THINK THEY'RE ABOUT TO PUT ME THROUGH MY DOCTORATE TOO. SO, FINGERS CROSSED THAT THEY PAY FOR THAT ALSO. BUT, YOU KNOW, IT'S JUST A REALLY GREAT COMPANY. WE'RE VERY EXCITED TO JOIN THE MERIDIAN TOWNSHIP COMMUNITY. AND I WILL TURN IT OVER TO STEVE TO TELL YOU ABOUT WHAT YOU'RE VOTING ON.

THANK YOU SO MUCH.

GREAT. GOOD EVENING AGAIN, MADAM CHAIR, MEMBERS OF THE PLANNING COMMISSION.

AGAIN, MY NAME IS STEVE ESTY.

YOU HAVE MY LETTER THAT'S IN YOUR PACKET. I KNOW THAT WE HAVE TO GO AND SATISFY FIVE CRITERIA IN YOUR ORDINANCE. WE'VE GONE THROUGH EACH OF THOSE IN OUR PAPERS THAT WE FILED WITH YOU, WHICH I'M SURE YOU'VE READ.

AND YOU KNOW, AS ALEX SAID, SHEETS IS NOT JUST PUMPS AND SNACKS. IT'S A CRITICAL COMPONENT OF THE SITE IS THE RESTAURANT ITSELF AND THE MADE TO ORDER FOOD. AND THAT CREATES UNIQUE COMPONENTS AND ISSUES RELATED TO QUEUING. IT RESULTS IN A LARGER VOLUME OF PEDESTRIAN AND VEHICULAR TRAFFIC COMING THROUGH THE SITE THAN OTHER SITES MIGHT EXPERIENCE. AND SO, IT SUFFERS FROM SOME OF THE SAME REASONS THAT YOU HEARD WITH TAILGATERS WHEN THEY CAME THROUGH ON MAY 20TH. AND I THINK IT'S PROBABLY NOT UNIQUE JUST TO TAILGATERS, BUT YOU SEE, LIKE, MYERS HAS 16 THE CROWDER AND MYERS, KITTY CORNER. KROGER HAS, I THINK. SO, THERE'S A NEED TO HAVE THESE ADDITIONAL PUMPS PRIMARILY FOR PEDESTRIAN SAFETY, TRAFFIC FLOW THROUGH THE SITE, MAKING SURE THAT CARS ARE QUEUING PROPERLY. AND YOU'RE ON A MAIN TRUNK LINE WITH GRAND RIVER THERE. SO, YOU'RE GOING TO GET MORE TRAFFIC AT THIS SITE. AND SO THAT'S THE COMPONENT THAT WE FOCUSED ON, AS YOU'LL SEE, IN RESPONSE TO EACH OF THE FIVE CRITERIA.

AND IT REALLY IS UNIQUE TO THIS TYPE OF SITE, EVEN MORE, I THINK, THAN SOME OF THE OTHER SITES WHERE VARIANCES HAVE BEEN GRANTED.

FOR EXAMPLE, TAILGATERS WAS 8.7 ACRES. I THINK THIS SITE'S 2.5. SO, IT'S EVEN MORE CRITICAL FOR VEHICULAR SAFETY AND PEDESTRIAN SAFETY THAT WE HAVE ADEQUATE QUEUING AT THE PUMPS, THAT WE HAVE THE ADDITIONAL PUMPS AND ABILITY TO UTILIZE THEM TO PROMOTE PEDESTRIAN SAFETY AND AVOID EXCESSIVE STACKING OF CARS.

AND AGAIN, YOU KNOW, THIS IS A SITE THAT'S GOING TO EXPERIENCE, YOU KNOW, MORE DIRECT TRAFFIC, NOT JUST FOR GAS, BUT FOR THE RESTAURANT ITSELF. I KNOW TAILGATERS, I THINK, HAS DUNKIN DONUTS AND THINGS LIKE THAT, BUT IT'S NOT A FULL-SERVICE RESTAURANT LIKE SHEETZ HAS. SO, AGAIN, BECAUSE OF THE AREA THAT IT'S IN, AND IT'S MOSTLY ALL COMMERCIAL, I DON'T THINK THERE'S ANY RESIDENTIAL DIRECTLY AROUND THE SITE. AND HAVING

[00:10:01]

BUT I THINK, AS YOU'LL SEE FROM THE PAPERS THAT WE'VE FILED, I THINK WE HAVE A COMPELLING CASE UNDER EACH OF THE FIVE CRITERIA. AND AGAIN, THE PLANNING COMMISSION HAS APPROVED THE SUP ON THE SITE PLAN FOR THE SITE.

THANK YOU SO MUCH, MR. ESPY.

YOU WANT TO STICK AROUND THERE? THAT WOULD BE GREAT. THEN IF WE DO HAVE QUESTIONS, WE CAN. YEAH, IF YOU'D LIKE TO COME BACK UP, MR. SLICKEY, WE CAN. THAT WAY WE CAN KIND OF ENGAGE. IS THERE ANYBODY ELSE THAT WOULD LIKE TO SPEAK ON THIS CASE THIS EVENING? I'M GOING TO OPEN THE FLOOR FOR PUBLIC COMMENT. IF YOU'D LIKE TO, YOU CAN COME ON UP TO THE PODIUM AND SAY YOUR NAME.

YEAH, I'M SORRY, GENTLEMEN.

THAT'S OKAY.

TAKE A STEP BACK. I SEE YOUR NAME AND ADDRESS TO THE PUBLIC RECORD, SIR.

SURE.

GOOD EVENING.

MY NAME IS DAVE LEDERBER. I RESIDE IN MERIDIAN TOWNSHIP AT 4767 CORNELL ROAD IN OKEMOS. I WANT TO THANK YOU FOR YOUR VOLUNTEER TIME TO BE WITH US THIS EVENING AND DISCUSS THIS ISSUE. I ALSO SERVE ON THE MERIDIAN ECONOMIC DEVELOPMENT CORPORATION AND THE MERIDIAN BROWNFIELD AUTHORITY. AND FULL DISCLOSURE, I AM INVOLVED WITH REPRESENTATION OF THE OWNERSHIP OF THIS SITE. AND AS A REAL ESTATE BROKER, I SOUGHT OUT THE SHEETS ORGANIZATION OVER TWO AND A HALF YEARS AGO TO TRY AND GET THEM INTERESTED IN THIS SITE. AND I'M VERY EXCITED THAT WE'RE MOVING THIS FORWARD. I CAN'T TELL YOU HOW MUCH I THINK THIS IS A PERFECT FIT ON THIS CORNER. AND I FULLY SUPPORT THEIR APPLICATION GOING FORWARD. FORWARD FOR THE 16 PUMP STATIONS. I THINK THIS CREATES A MORE LEVEL PLAYING FIELD IN COMPETITION KNOWING THAT TAILGATERS HAS 16 AND THAT MYERS HAS 16 IN CLOSE PROXIMITY. SO, IT SEEMS LIKE A LOGICAL FIT FOR THIS SITE. PLUS THE FACT THAT THIS SITE HAS THREE CURB CUTS, YOU CAN IMAGINE THAT THERE WILL BE EXCELLENT TRAFFIC FLOW. AND BY RECOGNIZING THEIR EXPERTISE IN THIS BUSINESS, THE STAFFING, THE SAFETY, THE WAIT TIMES WILL ALL BE VERY WELL THOUGHT OUT AND EFFICIENT.

FOR THIS SITE, I THIS WEEKEND HAD THE PLEASURE OF GOING TO ESCHEATS IN CLEVELAND, OHIO. I'D ENCOURAGE YOU TO LOOK ON THEIR WEBSITE. I WAS PLEASANTLY SURPRISED AT THE UNIFORMS THAT ALL THEIR EMPLOYEES MAKE AND THE FACT THAT THEY HAVE AN EMPLOYEE-BASED FOUNDATION THAT SUPPORTS COMMUNITY PHILANTHROPIC ACTIVITIES, PRIMARILY CHILDREN'S ORGANIZATIONS. SO THAT WAS SOMETHING THAT REALLY PUT AN IMPRESSION ON ME AS WAS THE EXCELLENT QUESADILLA AND BURGER AND CURRY FRIES THAT I HAD FOR DINNER THAT NIGHT.

SO, I'D ENCOURAGE YOU TO MOVE FORWARD.

I CAN'T THINK OF A BETTER USE FOR THIS SITE. I'D ENCOURAGE YOUR SUPPORT.

THANK YOU SO MUCH, MR. LEVER.

ANYONE ELSE THAT WOULD LIKE TO SPEAK ON THIS CASE IS WELCOME TO COME TO THE PODIUM. JUST NAME AND ADDRESS FOR PUBLIC GRADUATES. AS I SEE NO OTHER RAPE SOULS COMING UP TO SPEAK ON THIS CASE. I WILL GO AHEAD AND CLOSE PUBLIC COMMENT AND WE WILL GO INTO BOARD TIME. ALL RIGHT GENTLEMEN. WELL, I UNFORTUNATELY NOT HERE FOR THE TAILGATERS MEETING.

SO, YOU KNOW, CURIOUS AS TO WHERE WE KIND OF WHERE AND HOW WE GOT TO APPROVAL AS FAR AS. I MEAN WHAT IS LIKELY GOING TO BE MY FIRST AND ONLY QUESTION IS WHERE IS OUR PRACTICAL DIFFICULTY? I CAN SPARE THE TWO.

OKAY, MEMBERS, FILL ME IN.

I. I THINK ONE OF THE. AND THAT'S FOR THE ISSUES BETWEEN THESE TWO SITES IS PROPERTY OWNER. THE SIZE OF THE LOT IN GENERAL. YEAH, THAT WITH 8. 7., 8.7 ACRES OR SOMETHING LIKE THAT WITH.

WITH THE TAILGATERS. ONE THERE'S A LOT MORE ROOM TO MANEUVER IN THERE TO HANDLE IT. AND AT 2 1/2 OR 2.7 ACRES, IT SEEMS LIKE IT WOULD BE CROWDED FOR 16. PLUS, THEY DRAW SPECIFICALLY TO THEIR FOOD SERVICE, WHICH WOULD HAVE MORE TRAFFIC IN THERE. I JUST. I JUST FIND IT DIFFICULT TO CONTEMPLATE THAT THIS WOULD BE NECESSARY FOR TRAFFIC CONTROL. I THINK IT MIGHT CREATE MORE PROBLEMS THAN IT SOLVES AT 16. THAT ISN'T TO SAY I'M AND WEDDED TO 10. I COULD BE CONVINCED TO INCREASE THAT TO SAY 12. BUT

[00:15:02]

ALL RIGHT, THANK YOU. MEMBER TREZISE. ANYBODY ELSE WANT TO.

YEAH.

MEMBER BENOIT.

MY RECOLLECTION OF WHEN WE TALKED ABOUT THIS A COUPLE MONTHS AGO, I WAS. I VOTED NO AGAINST IT JUST BECAUSE I DIDN'T SEE THE NEED FOR MORE THAN 10. I'VE NEVER REALLY BEEN AT A GAS STATION AND, YOU KNOW, REALLY WISHED FOR MORE PUMPS AND IF IT DID, IT WAS JUST FOR A MINUTE OR TWO.

SO, I. EVERY OTHER CRITERIA WAS FINE. I THINK WE MET WITH. AND THAT WAS THE SECOND CRITERIA WAS THE ONE I THINK WE WERE HUNG UP ON. AND ULTIMATELY DEPLOYMENT IS OVER HERE. VOTED IN FAVORABLY BECAUSE OF THE RELATIONSHIP TO THE OTHER GAS STATIONS IN THE AREA. BEING 16 PUMPS. I CAN'T SPEAK TO HOW THAT HAPPENED IN PREVIOUS YEARS BECAUSE I WAS NOT ON SPORT AT THAT PERIOD OF TIME. SO, I CAN ONLY GO OFF OF THE LAST WIN FOR MY OWN DECISION MAKING.

THANK YOU. I APPRECIATE THAT.

PERSPECTIVE TEAM MEMBER KOENIG, WHAT HAPPENED? THAT'S WHAT YOU HEARD.

SO, SHE DOESN'T BELIEVE US.

NO, I DO, I DO, I DO. I BELIEVE ALL OF YOU GUYS. WELL, I THINK I WOULD START WITH MAYBE ASKING MR. ESTY AND MR. SALLUKI, CAN YOU HELP US TOO? BECAUSE I HEARD AND THAT WAS COMPELLING TO ME THAT PEDESTRIAN SAFETY, EMERGENCY ACCESS AND TRAFFIC FLOW IS ESSENTIAL AND IMPORTANT FOR THIS. THE SHAPE AND THE SIZE AND THE KIND OF DEPTH OF THIS LOT. AND WHAT I CAN KIND OF ALSO AGREE WITH MEMBER TREZISE ON IS THAT IT SEEMS LIKE ADDING MORE PUMPS MAY CAUSE MORE TRAFFIC CONGESTION VERSUS I HEARD THAT IT WOULD BE THAT ADEQUATE QUEUING IS NECESSARY AND HAVING ENOUGH SPACE FOR VEHICLES TO PULL IN, IT'S NECESSARY TO HAVE MORE SPACES. SO, IF YOU COULD WALK ME THROUGH KIND OF THAT DECISION AS FAR AS PERSPECTIVE GOES.

YEAH. AND I WANTED TO ADDRESS THE TRUSTEE'S COMMENT THERE.

THE PROBLEM WITH QUEUING IS THAT WHEN YOU DON'T HAVE THOSE PUMPS, THE PUMPS ARE ALSO VERY QUICKLY, AND SO PEOPLE THEN START BACKING UP AND. AND THEY CAN BE QUEUING UNDER GRAND RIVER. THEY CAN BE QUEUING UNDER ANY OF THESE EXITS BECAUSE THEY'RE IN LINE TO GET TO A PUMP BY HAVING THE ADDITIONAL PUMPS.

AND THIS IS WHY YOU SEE IT AT MOST GAS STATIONS NOW, 16 IS KIND OF THE NORM IS BECAUSE YOU HAVE THE ABILITY TO PULL UP TO A PUMP, GET YOUR GAS, AND GET OUT. AND THAT'S WHY IT'S SO CRITICAL, BECAUSE IT AVOIDS THE TRAFFIC ISSUES THAT WE WOULD OTHERWISE HAVE ON THIS SITE. THE FACT THAT THE SITE IS 2.7 ACRES MAKES IT EVEN MORE UNIQUE AND SATISFIES THE CRITERIA, I THINK, EVEN BETTER THAN TAILGATERS DID, BECAUSE THIS SITE ALMOST DEMANDS THAT YOU HAVE ADDITIONAL PUMPS IN ORDER TO AVOID THESE TRAFFIC AND SAFETY ISSUES. THE OTHER THING IS YOU HAVE PEDESTRIANS WALKING AROUND, AND IF YOU HAVE CARS THAT ARE NOT AT A PUMP ACTUALLY FUELING THEIR VEHICLE, BUT QUEUING AND DRIVING AROUND, YOU POSE A GREATER RISK TO THOSE PEDESTRIANS ON THE SITE AS WELL. AND SO, WE REALLY CAREFULLY DESIGNED THE SITE SO THAT IT IS THE MOST PROTECTIVE OF THE PUBLIC, BOTH PEDESTRIAN AND VEHICULAR, AND THAT WE CAN HAVE THE PROPER TRAFFIC FLOW AND AVOID THE EXCESSIVE QUEUING OF CARS. I THINK, IN MANY RESPECTS, IF YOU GO BACK AND LOOK AT THE MINUTES AND THE ARGUMENTS THE TAILGATERS MADE, OURS ARE SO MUCH STRONGER. OUR SITE HAS THESE THREE ACCESS, INGRESS, AND EGRESS POINTS. WE HAVE A CROSS EASEMENT THAT WE INHERITED WHEN WE BOUGHT THE PROPERTY THAT RUNS THROUGH THE PROPERTY FOR THE BENEFIT OF THE ADJACENT PROPERTY. WE HAVE A SITE THAT, YOU KNOW, REALLY CALLS OUT FOR SOME UNIQUE SOLUTIONS DUE TO THE CONFIGURATION OF THE SITE AND THE LOCATION OF WHERE IT'S AT. AND THAT'S WHY I THINK THERE'S A STRONG CASE THAT WE MEET THE CRITERIA HERE. AND I WOULD RESPECTFULLY JUST ASK THAT YOU REVISIT, YOU KNOW, YOUR POSITION ON IT, BECAUSE THIS ISN'T JUST ABOUT HAVING EXTRA PUMPS. IT REALLY IS ABOUT HAVING PROPER CIRCULATION OF TRAFFIC AND SAFETY AT THE SITE, PARTICULARLY GIVEN THE COMPRESSED NATURE OF THE SITE. I THINK THERE WAS ALSO A COUNTY REQUIREMENT FOR.

YEAH, AS YOU ALL KNOW, INGHAM COUNTY REQUIRES STORMWATER TO BE ABOVE GROUND, WHICH IS WHAT YOU IN THE BACK, WHICH FURTHER RESTRICTS THE AMOUNT OF USABLE LAND THIS SMALLER LOT WE HAVE AVAILABLE TO. SO THERE'S LESS

[00:20:02]

SO, THE QUICKER WE CAN GET THEM INTO A PUMP, THE QUICKER WE CAN GET THEM OUT, THE LESS LIKELY THERE ARE TO BE PROBLEMS. I RAN INTO THIS UP NORTH AT A MEIJER THE OTHER DAY.

GOING MEIJER IS THE ONLY AREA THAT SELLS WRECKED FUEL FOR BOATS. KIDS WANTED TO GO OUT ON THE WATER. SO, I WENT TO MEIJER AND EVERY PUMP WAS FULL. AND SO I WAS SITTING THERE THREE OR FOUR CARS BACK, WAITING TO GET TO A PUMP. AND THAT'S NOT ONLY ANNOYING TO THE CONSUMER, BUT IT CREATES TRAFFIC ISSUES AT THE SITE. AND THAT PARTICULAR MEIJER DIDN'T HAVE 16 FUELING STATIONS. IT ONLY HAD, I THINK, 10. SO I THINK WHEN YOU LOOK AT THE SITES THAT HAVE 10, YOU SEE THAT THEY'RE UNDERDEVELOPED AND THAT THEY'RE EXPERIENCING THESE TYPES OF QUEUING ISSUES. I KNOW TAILGATER'S POINTED THAT OUT, AND I THINK WE NOTICE IT TOO, IN OUR DESIGN. AND I'M SURE THAT'S WHY MYERS AND KROGER BOTH HAVE ADDITIONAL PUMPS TO AVOID THOSE TYPES OF ISSUES, ALBEIT, YOU KNOW, THE MYERS, WHILE IT'S RIGHT OFF OF GRAND RIVER, THE KROGER IS SET BACK IN THE MALL, YOU KNOW, AND REALLY ISN'T IMPACTED AS MUCH BY THE.

BY THE MAIN TRUNK POINT ROAD.

WELL, WHAT IS THE. YOU'RE GOING TO HAVE LINES, WHATEVER, I BELIEVE AT SOME POINT. WHAT IS THE MEANS OF REGULATING THEN TO GET THEM AROUND, NOT RUNNING ACROSS PEDESTRIANS TRYING TO GET INTO.

WE'VE DESIGNED THE SITE WITH THREE INGRESS AND EGRESS POINTS, NUMBER ONE. NUMBER TWO, BY HAVING THE ADDITIONAL PUMPS, IT RAISES THE POTENTIAL THAT PEOPLE ARE GOING TO BE ABLE TO GET IN QUICKER, GET THEIR FUEL. REMEMBER, THERE'S FUEL TANKS ON BOTH SIDES OF THE PUMPS. SO NOW YOU'VE ADDED.

BY ADDING THESE ADDITIONAL SIX, YOU'VE ADDED A SUBSTANTIAL CAPABILITY FOR PEOPLE TO GET TO FUEL, FUEL UP THEIR CAR AND GET ON THEIR WAY. AND SO THAT IS THE SOLUTION. I MEAN, THAT'S WHY SHEETS HAS A LOT OF EXPERIENCE DEVELOPING THESE SITES NATIONALLY. THEY HAVE STUDIED THIS AD NAUSEAM, AND THEY KNOW THEIR TRAFFIC CIRCULATION FLOWS, THEIR ANTICIPATED CUSTOMERS, HOW THINGS ARE GOING TO MOVE THROUGH THE SITE. AND THAT'S ONE OF THE REASONS THEY DESIGNED IT THE WAY THEY DID.

AND I THINK IT'S ONE OF THE REASONS, TOO, THAT THE PLANNING COMMISSION APPROVED IT IN THE FORM THAT IT WAS IN, BECAUSE I THINK THEY UNDERSTOOD, YOU KNOW, THE CHALLENGES THAT ARE FACED BY THIS LOCATION. IT'S A GREAT LOCATION. IT'S JUST THAT WE HAVE A, YOU KNOW, WE HAVE TO WORK WITH THE PROPERTY AND THE. IN THE CONFIGURATION THAT IT'S IN.

WELL, ONE OF THE PIECES OF THAT PROPERTY IS THE ACCESS ROAD ACROSS THE FRONT OF THE PROPERTY.

RIGHT.

AND PEOPLE USE THAT TO GET FROM THE CORNER, WHICH I BELIEVE IS GOING TO BECOME A BANK, AND THEN OVER THE OTHER SIDE WHERE THERE'S ANOTHER SHOPPING CENTER. HOW DO YOU AVOID BLOCKING THAT YEAH, THAT'S A GREAT QUESTION, BECAUSE THAT'S KIND OF WHAT I'M LOOKING AT NOW.

MAYBE MR. SCHMITT CAN ROLL UP FOR US A LITTLE BIT ON THE PACKET TO THE. NOT THE SITE MAP. OH, MAYBE IT'S THE BACKGROUND.

PAGE TWO OF THE. PAGE TWO.

YEAH, YEAH. WHERE WE HAVE THAT NICE LITTLE. THE OVERHEAD VIEW, BECAUSE THAT'S WHERE. THAT'S WHERE I'M LOOKING GOING, OKAY, HOW DO WE. OR HOW DO YOU, AS.

AS BUSINESS OWNER, KEEP THAT FLOW? YEAH, I CAN SEE THE MERTZ STRIP MALL THERE TO THE. THANK YOU. AND THAT'S GOING TO BE MY FIRST QUESTION. THAT TRAFFIC GOING RIGHT THERE MAY POSSIBLY BACK UP INTO THAT ACCESS ROAD.

ABSOLUTELY. THAT'S ONE OF THE MAJOR REASONS WE'RE ASKING FOR THIS VARIANCE THIS EVENING.

BE ABLE TO GET PEOPLE OUT OF THAT SPACE INTO A PUMP AND GET THEM OUT THE DOOR WITH LESS THAN.

IT IS LIKELY THAT THAT WOULD BECOME AN ISSUE. AGAIN, WHY WE'RE ASKING FOR THE VARIANCE OR ONE OF THE REASONS. AND AS STEVE KIND OF INDICATED, YOU KNOW, WE'VE DONE THIS 850 PLUS TIMES NOW. I WOULDN'T SPEND THE MONEY ON THE EXTRA PUMPS IF I DIDN'T THINK WE NEEDED IT.

A QUESTION I WOULD HAVE TOO, IS, WOULD YOU ANTICIPATE A LOT OF TRAFFIC COMING IN FROM THAT DRIVE OFF MARSH ROAD, OR IS THAT KIND OF NOT ANTICIPATED TO BE YOUR MAIN SOURCE OF TRAFFIC? I THINK THAT'S A GOOD QUESTION.

IF I HAD TO GUESS, I THINK THE PRIMARY TRAFFIC WILL PROBABLY COME IN ON THE LEFTERN DRIVE ON GRAND RIVER BETWEEN THE FUTURE HUNTINGTON

[00:25:04]

RIGHT. WELL, BUT THAT'S IT.

THAT'S A THING OUT THERE.

THAT'S. SO, I GUESS MY NEXT WOULD BE AN ANTISPIRATORY.

I MEAN, IT'S ALREADY THERE, SO.

WELL, NO, I MEAN, IF THEY KNOW IT'S THERE BECAUSE SOMETIMES THAT'S PART OF IT.

RIGHT.

YOU MIGHT THINK THAT GOES JUST TO THE STRIP, TO THE.

TO THE LUNCH THERE, BUT NOT CONNECTING IT ALL THE WAY THROUGH.

BUT THAT COULD BE GREAT FOR TRAFFIC CALLING.

IS THAT DRIVE ON YOUR PROPERTY OR ON THE BANK'S PROPERTY? THAT DRIVE IS TECHNICALLY ON THE BANK'S PROPERTY.

THERE'S AN EASEMENT. OKAY.

AND YOU HAVE THE BENEFIT OF USING THAT EASEMENT AS WELL.

YEAH.

YEAH. OKAY.

THAT WAS MY QUESTION.

YEP.

WE HAVE THE ABILITY.

YEAH.

MEMBER KOENIG. GO AHEAD.

YOU JUST SAID TRAFFIC CALMING, AND THAT WAS WHAT I WAS THINKING OF, BECAUSE I KNOW THESE SIDE ROADS, YOU KNOW, THEY'RE GOOD FOR IF THERE'S AN ACCIDENT OR CRASH ON GRAND AIR, YOU CAN USE THOSE TO GET AROUND. BUT, YOU KNOW, THE PEOPLE THAT I SEE USING THOSE, THAT LITTLE DRIVE THERE, THEY FLY ON, THEY GO SUPER FAST BECAUSE THEY KNOW THAT THEY'RE NOT ON GRAND RIVER AND THEY'RE TRYING TO BEAT PEOPLE TURNING AROUND.

RIGHT.

SO, I ALMOST WOULD SEE IT AS POTENTIALLY A SAFETY BENEFIT BECAUSE IF THERE IS A LITTLE BIT OF QUEUING THERE, IT'S GOING TO GET PEOPLE TO SLOW DOWN FLYING AROUND THAT CORNER. AND I HATE TO SAY IT, BUT I'VE BEEN ONE OF THEM.

DO THAT. BECAUSE IT'S NOT A DEVELOPED SITE. I MEAN, THE VERIZON IS NOT WORKING, THE CAR WASHES RIGHT OUT THERE.

I THINK THAT I ACTUALLY DROVE THROUGH THERE THE SAME WAY TODAY ON THE WAY HERE AS I WAS LOOKING AT IT. BUT I THINK ONCE YOU DEVELOP THAT SITE AND IT'S AN OPERATIONAL BUSINESS; YOU'RE NOT GOING TO HAVE THAT.

AND LIKELY ONCE THE BANK GET THERE AS WELL, IT KIND OF CUTS THAT DOWN TO THERE'S MORE NORMAL TRAFFIC THERE.

YEAH. I MEAN, YOU'LL STILL HAVE PEOPLE.

THERE'S NOBODY THERE RIGHT NOW.

YEAH.

YOU'LL HAVE PEOPLE CUTTING BACK THROUGH THERE. BUT HOPEFULLY THEY DON'T DRIVE AS CRAZY AS THEY DO NOW BECAUSE THEY KNOW THERE'S NO DEVELOPMENT RIGHT NOW OR IT'S VERY FEW AND FAR BETWEEN.

YEAH.

AND IN ALL LIKELIHOOD, WHEN THEY PULL IN THERE, THEY'LL SAY, I'M HUNGRY, I THINK I'M GONNA STOP AND GET SOME DRINKING CHEESE. YOU NEVER KNOW.

AND THEN GO TO THEIR BANKING.

RIGHT. ONE STOP SHOPPING. ALL RIGHT, WELL, DO WE HAVE ANY QUESTIONS REGARDING THIS ANY FURTHER? I MEAN, I THINK THE PACKET WAS WELL PRESENTED, SO THAT HELPED AS FAR AS THE CRITERIA GO.

BUT I THINK WE SHOULD JUST GET INTO CRITERIA AND SEE WHERE WE END UP. ALL RIGHT, WELL, CRITERIA NUMBER ONE IS UNIQUE CIRCUMSTANCES EXIST THAT ARE PECULIAR TO THE LAND OR STRUCTURE.

THEY'RE NOT APPLICABLE TO OTHER LAND OR STRUCTURES IN THE SAME ZONING DISTRICT.

AND THESE UNIQUE CIRCUMSTANCES ARE NOT ASSOCIATED. I CAN SATISFY THAT. I DO THINK THAT THIS IS DIFFERENT THAN THE OTHER LOCATIONS IN THE TOWNSHIP THAT WE'VE SEEN AND HAVE BEEN, YOU KNOW, MADE AWARE OF MORE RECENTLY.

BUT THE INTERESTING POSITION OF THIS LOCATION WITH THAT EASEMENT, WITH THE ACCESS ROAD, WITH THESE TWO KIND OF CURB CUTS THERE ON GREEN RIVER, I DO THINK THAT PLACES THAT IN A MORE UNIQUE POSITION TO OTHER BUILDING SITES WHERE WE'RE GOING TO HAVE A HIGHER TRAFFIC VOLUME. SO, I CAN SATISFY THAT CRITERIA.

THOUGHTS ON CRITERIA NUMBER ONE? WELL, EVERY LOT IS UNIQUE.

YEAH.

AND TO THAT EXTENT, IT IS AN UNIQUE LOT BECAUSE IT'S SHAPED THE WAY IT IS, THE SIZE IT IS.

ON THE OTHER HAND, I'M NOT SURE THAT SHAPE OF THE LOT, THE SIZE OF THE LOT ENFORCES OR ENCOURAGES THE ADDITIONAL BUMPS. I'M NOT SURE THAT THAT FORCES THAT. NOW, THERE COULD BE OTHER REASONS TO DO THAT. I'M NOT SAYING IT AGAIN. I DON'T THINK IT'S A VETO.

RIGHT. RIGHT.

I DO THINK THAT THERE IS A COMPELLING ARGUMENT TO BE MADE THAT THE SAFETY ASPECT OF THESE ADDITIONAL KIND OF ACCESS POINTS, ACCESS ROADS, THESE OTHER PIECES THAT ARE ON THIS PARTICULAR LOT VERSUS OTHERS CAN ADD TO THERE NEEDING TO BE WAYS OF CALMING TRAFFIC, OF ORGANIZING IT IN A WAY THAT WILL NOT ENCOURAGE MORE ACCIDENTS, SITUATIONS, CHALLENGES, TRAFFIC BACKUPS INTO GRAND RIVER. THAT I CAN MAKE A. I DO THINK THAT WAS A COMPELLING ARGUMENT FROM THAT PACKET IN FROM MR. ESTY. SO I CAN MAKE THE UNIQUE CIRCUMSTANCES, BUT I CAN SEE IT'S. IT'S.

YEAH.

AND LIKE I SAY, I'M NOT SURE

[00:30:03]

YEAH. ANYBODY NOT ABLE TO MEET THAT CRITERIA? ALL RIGHT. CRITERIA NUMBER TWO.

STRICT INTERPRETATION AND ENFORCEMENT OF THE LITERAL TERMS AND PROVISIONS OF THE STRAPOR WOULD RESULT IN PRACTICAL DIFFICULTIES THAT WOULD PREVENT THE OWNER FROM USING THE PROPERTY FOR THE PERMITTED PURPOSE.

SO, THIS IS KIND OF ALWAYS GOING TO BE THE ONE THAT KIND OF TRIPS ME UP AND THAT WE SPEND A LOT OF TIME ON FOR GOOD REASON. BECAUSE IS IT.

WHAT IS THE PRACTICAL DIFFICULTY THAT WOULD PREVENT THEM FROM STILL HAVING AN OPERATIONAL, FUNCTIONAL SPOT WITH 10 PUMPS VERSUS 16 PUMPS? YES.

NUMBER THREE, I ALMOST FEEL LIKE THE PRACTICAL DIFFICULTY ISN'T REALLY KNOWN YET BECAUSE THIS ISN'T BUILT. THIS WOULD BE BUILT WITH 10 PUMPS. THE APPLICANT IS SAYING THERE'S A POTENTIAL FOR HIGHER CHANCES OF HAVING CONGESTION AND BACKLOG IN THERE THAT MAY HAVE VEHICLES GOING OUT OF THE GRAND RIVER, WHICH IS WHAT YOU DON'T WANT.

BUT WE TRULY DON'T KNOW THAT BECAUSE WE HAVEN'T SEEN IT IN ACTION. BUT WITH THAT SAID, I DO AGREE WITH WHAT THE APPLICANT SAID BEFORE IS BECAUSE THIS IS SUCH A SMALLER LOT, TAILGATE IS ALL ASIDE BECAUSE THIS IS A SMALLER LOT AND IT IS SO CLOSE TO THE CORNER, THE VERY BUSY INTERSECTION.

THAT'S THE LAST THING YOU WANT IS CARS TO BE STACKING UP INTO GRAND RIVER BEING SO CLOSE TO THAT INTERSECTION. IF THERE WAS A WAY TO FORCE THE STACK TO GO UP THAT SITE, DRIVE NUMBER TWO, THAT WOULD BE THE BEST OF BOTH WORLDS.

BUT OBVIOUSLY DRIVERS ARE GOING TO GO WHERE THEY WANT TO GO.

YOU'RE NOT GOING TO BE OUT THERE WITH AN ATTENDANT SAYING GO WAIT LINE OVER HERE LIKE THEY DO AT COSTCO, WHICH IS A WHOLE OTHER DEBACLE. YOU WANT TO SEE CONGESTION AND HAVE GASOLINE, GO TO COSTCO AT 5:30 IN THE AFTERNOON.

BUT I DO AGREE THAT BECAUSE OF THE SIZE OF THE SITE BEING A LITTLE BIT SMALLER, THERE IS THAT POTENTIAL FOR THE PRACTICAL, DIFFICULT TO BE MORE, WHAT'S THE TERM, MORE THERE WITH THE LIMITED NUMBER OF PUMPS VERSUS THE 16. THE PROBLEM THAT I HAVE IS I JUST, I CAN'T SEE IT PER SE BECAUSE NOTHING'S BUILT YET. BUT I UNDERSTAND WHERE THE EFFORT'S COMING FROM AND I HAVE TO GO WITH WHAT THE APPLICANT SUBMITTED. SO, I'M MORE ALIGNED TO AGREE THAT THERE COULD BE.

WOULD BE, COULD BE, SHOULD BE A PRACTICAL DIFFICULTY THERE IF THERE IS A. ENOUGH PUMPS TO BE ABLE TO HAVE THAT INTERNAL QUEUING AND FORCING THOSE QUEUES OUT ONTO THE SIDE STREET OR ESPECIALLY GRAND RIVER, WHICH IS WHAT YOU DON'T WANT, IF THAT MAKES SENSE.

YEAH, I HEAR THAT AND I THINK THEY HAVE ENOUGH INFORMATION TOO. I MEAN THEY'RE TALKING ABOUT 850 BUSINESS OR DIFFERENT LOCATIONS. SORRY.

BUT I DO UNDERSTAND MEMBER TREZISE COMMENTS AND I DO SEE WHERE HE'S COMING FROM.

YEAH, I MEAN THEY HAVE, THEY HAVE THE DATA FROM HAVING THAT MANY LOCATIONS THAT THIS IS POTENTIAL TO BE A PROBLEM AND MAY HAVE HAD THIS, YOU KNOW, EXPERIENCE. I MEAN I, AND I CAN APPRECIATE THAT. AND THAT'S, THAT'S WHERE IT COMES IN.

BECAUSE IT HASN'T HAPPENED YET.

SO, WE'RE, YOU KNOW. GO AHEAD, MR. CHAIR.

THAT WAS A QUESTION THAT I THOUGHT OF AND I TOTALLY FORGOT ABOUT IT. BUT I KNOW THERE'S.

FOR THE APPLICATION. I'M SORRY.

I KNOW THERE'S OTHER GAS STATIONS OUT THERE IN THE COUNTRY THAT SOMETIMES HAVE, I DON'T WANT TO CALL THEM MODELERS, BUT THEY DO MODEL FLOWS, LIKE PROJECTED FLOWS INTO THE GAS BESIDES THE TRUCKS AND THE WIDTHS OF THE TRUCKS AND THE RADIUS TO MAKE SURE THE TRUCKS THAT CAN GO IN THERE HAVE ENOUGH RADIUS AND CURVE. YOU GOT TO GET THEIR TANKERS IN THERE. THEY SOMETIMES MODEL THE AMOUNT OF VEHICLES THAT POTENTIALLY COULD USE THESE PUMPS AT PEAK HOUR TIMES. DID YOU GUYS HAPPEN TO DO THAT OR DOES SHEETS DO THAT? THE INDUSTRY DO THAT AT ALL FOR ANY OTHER LOCATIONS? NOT THAT I'VE SEEN. WE BASE THAT DATA BASED OFF OF EXPECTED CUSTOMER TRAFFIC AND WHAT WE KNOW IS A PERCENTAGE OF OUR MIX OF SALES BETWEEN INDOOR AND OUTDOOR.

SO, I DON'T HAVE THAT IMMEDIATELY AVAILABLE TO TELL YOU. WE'RE JUST GOING BASED OFF OF WHAT WE'VE ESTABLISHED AS THE BEST STANDARD FOR OUR BUSINESS, THE SAFEST STANDARD. AND EIGHT DOUBLE SIDED IS THE MAGIC NUMBER.

SO, YOU DIDN'T ACTUALLY MODEL ANY PER SE, BUT YOU DID BASE IT ON PROJECTIONS.

YES.

YEAH. SO NOT AT THIS PARTICULAR SITE, BUT JUST IN GENERAL FOR THEIR BUSINESS MODEL, WHICH, YOU KNOW, I MEAN, I THINK THAT'S DATA THAT CONSIDERED IT THE OVERALL DESIGN, WHICH MAKES SENSE LIKE THAT.

YEAH, EXACTLY. BECAUSE SOMETIMES WE PROJECT MORE.

SOMETIMES YOU'LL SEE OUR SITES THAT'LL HAVE 10 INSTEAD OF 8.

YOU KNOW, WE HAVE BIGGER ONES, BUT 8 WAS THE NUMBER HERE.

OKAY. I MEAN, I DO THINK THAT THERE'S ARGUMENTS BEING MADE ABOUT THE STRICT INTERPRETATION WITH ALLOWING FOR PROPER FLOW THROUGH THIS SITE.

[00:35:12]

IT'S GOING TO BE WALKING FROM THE PUMPS INTO THE SHOP RATHER THAN PAY AT THE PUMP.

YES. OR YOU'RE GETTING GAS ON THE, YOU'RE GOING IN TO GET SOMETHING.

YEAH, WELL, THEY'RE NOT GOING TO LEAVE THEIR CAR THERE, SO THEY WON'T BE PEDESTRIANS TO GO THAT WAY. BUT, YOU KNOW, WHATEVER.

WELL, YEAH, OR, OR I SEND MY KIDS INTO THE. I, I FILL UP AND I SEND MY KIDS IN TO GET WHAT THEY'RE GOING TO GET THEIR LITTLE SNACKS FROM THE CAR. SO, BATHROOM OR.

BATHROOM.

YEAH, I MEAN, I THINK THAT THAT COMING FROM THE PUMPS TO GOING IN THAT, THAT IS SO WINDING THEM UP BETWEEN THE PUMPS AND THE, THE RESTAURANT PROBABLY ISN'T A GOOD CHOICE.

NOT A GREAT CHOICE.

SO NOW I CAN SEE THAT TOO.

YEAH, I MEAN IT IS A. AND THIS IS A REALLY WELL DESIGNED. IT LOOKS TO BE WELL DESIGNED AS FAR AS USING THAT SPACE FOR WHAT THEY NEED TO DO THERE, BUT I THINK IT'S PRETTY TIGHT.

SO, I MEAN, I DON'T KNOW THAT I CAN QUITE GET THERE WITH PRACTICAL DIFFICULTY BETWEEN PUMPS YET, BUT I DO THINK THAT THERE IS, THEY HAVE, THEY HAVE GOOD REASON FOR ASKING. MEMBER BENOIT? YEAH, I THINK THE POINT I BROUGHT UP A COUPLE MONTHS AGO TOO IS THAT, YOU KNOW, WHY I COULDN'T GET PAST THIS AS WELL IS LIKE IF SOMEONE SEES AN OVERCROWDED GAS STATION, THEY'RE JUST GOING TO DRIVE TO THE NEXT GAS STATION OR TRY TO BE MORE EFFICIENT IN THAT REGARD.

AND IF YOU'RE REALLY THAT LOW ON GAS, MAYBE YOU SHOULD HAVE BEEN PLANNING A LITTLE BIT BETTER.

WELL, THERE'S ANOTHER 20 PUMPS WITHIN A QUARTER OF A MILE.

EXACTLY.

THERE'S TAYLOR, THERE'S MEIJER, THE SKIWORK. LIKE THERE'S A BUNCH OF GAS STATIONS. AND LIKE, I COULDN'T GET AROUND THAT THEN. AND EVEN NOW I'M STRUGGLING TO DO THAT AS WELL. JUST EVEN WITH A SMALLER SITE LIKE, AND EVEN, JUST LIKE CARS BACKING IN AND OUT OF THOSE PARKING SPACES AND HOW BIG CARS ARE, THEY MIGHT OVERFLOW INTO THAT DRIVE AREA ANYWAY, JUST HOW PEOPLE PARK. SO I'M NOT SURE HOW IT'S GOING TO BE, HOW EFFECTIVE IT TRULY WILL BE IN TERMS OF THAT TRAFFIC FLOW. SO I JUST, YEAH, I JUST STRUGGLE WITH THAT. AND, YOU KNOW, I JUST THINK 10 PUMPS IS FINE AND IF PEOPLE ARE GOING TO CUE, THEY'RE GOING TO QUEUE BEHIND THE PERSON AS IF THERE'S 16 PUMPS AND JUST WAIT A MINUTE OR TWO ANYWAY. SO, YEAH, THAT'S JUST MY THOUGHTS ON THAT.

YEAH. APPRECIATE IT. THANK YOU.

MEMBER KOENIG, I'M GLAD YOU BROUGHT THAT UP BECAUSE I FORGOT THAT YOU MADE THAT POINT IN MAY. I THINK IT IS A GOOD POINT, ESPECIALLY WITH THIS. THE ONLY. LET ME THROW THIS IN THERE WITH YOUR POINT, WHICH I RESPECTFULLY RESPECT YOUR POINT AND UNDERSTAND IF I'M TRAVELING FROM THE EASTBOUND AND I'M FROM THE EAST AND I'M GOING WESTBOUND AND I SEE THE TAILGATE, THIS IS FULL. I'M GOING TO KEEP DRIVING. BUT IN ORDER FOR ME TO MAKE A DETERMINATION THAT THIS IS FULL AND I'M GOING TO SKIP IT, I'M MORE OR LESS GOING TO BE IN THE RIGHT-HAND LANE. AND IF I'M ON GRAND RIVER AND I'M IN THE RIGHT LANE AND I SAY, OH, THAT'S TOO FULL AND I GO PAST IT NOW I KIND OF SCREWED MYSELF BECAUSE THE NEXT CLOSEST ONE IS THE MIRE AND THAT'S ON THAT SOUTHWEST CORNER. SO, I WOULD HAVE TO BASICALLY SOMEHOW GET OVER IN THE LEFT LANE OR IN THE CENTER LANE VERY QUICKLY OR DO A U TURN SOMEWHERE. TO ME, THAT'S ALMOST GOING TO BE AS MUCH AS AN INCONVENIENCE AS CONTINUING ON, BECAUSE IF YOU KEEP GOING DOWN, YOU'D HAVE TO GO ALL THE WAY TO EITHER THE SONORCO THAT'S THERE OR THE NEXT CASE THAT WE HAVE DOWN GRAND RIVER INTO EAST LANSING BEFORE YOU FIND THE NEXT GAS STATION ON THE RIGHT HAND SIDE. SO, I WOULD ALMOST WANT TO DO A RIGHT AND DO A U TURN AND COME BACK IN BACK BEHIND THIS WAY INSTEAD OF TRYING TO FIND. I DO IT ALL THE TIME WHERE I'M LIKE, OH CRAP, I DON'T WANT TO GO ACROSS ALL THAT TRAFFIC AND GO TO THAT GAS STATION OVER THERE. BUT IT IS A COMPELLING CASE THAT YOU MAKE WITH THE WIND PUMPS.

YEAH.

AND YOU'LL PROBABLY DO THAT AS THE MOST EFFICIENT WAY TO DO IT, YOU KNOW, INSTEAD OF RISKING YOUR LIFE GOING ACROSS TWO LANES AND, YOU KNOW, HAVING MORE PINCH POINTS, SO TO SPEAK.

I THINK, YEAH, THAT'S JUST WHAT I WOULD DO.

I THINK A LOT OF MY PEERS WOULD DO IT AS WELL THAT ARE MY AGE, JUST WAIT A FEW MINUTES.

BUT THAT'S JUST MY EXPERIENCE.

AND THAT'S PROBABLY WHAT I WOULD DO, IS I WOULD LOOK AND GO, OH, IT'S FULL.

BUT I DON'T FEEL LIKE CUTTING OVER TWO LANES OF TRAFFIC. I'M GONNA GO AROUND THE BLOCK, AND I'M JUST GONNA SIT BEHIND A KERNEL BUMP AND WAIT.

WELL, THE OTHER THING IS, UNLESS IT'S FULL, TO THE EXTENT THAT IT'S BACKING UP ACROSS THE CROSS STREET, THIS DEVELOPMENT, IT IS FAIRLY DISTANT FROM GRAND RIVER, AND YOU WOULD BE RIGHT UPON IT BEFORE YOU NOTICED.

YEAH, SURE. YEAH. I THINK THAT'S A VERY COMPELLING ARGUMENT THAT. I MEAN, THERE IS A LOT

[00:40:02]

SO, I DO THINK THIS IS AN IMPORTANT, IMPORTANT POINT. I DON'T LIKE TO POINT AT OTHER APPROVALS, AND I KNOW YOU HAVE TO LOOK AT EVERYTHING INDIVIDUALLY, BUT THIS WAS THE EXPLANATION THAT TAILGATERS GAVE. STRICT INTERPRETATION AND ENFORCEMENT OF ZONING ORDINANCE WOULD RESULT IN PRACTICAL DIFFICULTIES BY LIMITING THE REASONABLE USE AND DEVELOPMENT OF THE PROPERTY FOR A PERMITTED COMMERCIAL PURPOSE.

WITHOUT THE REQUESTED VARIANCE, THE PROPERTY CANNOT BE UTILIZED IN A MANNER CONSISTENT WITH OTHER PROPERTIES IN THE DISTRICT, THEREBY CREATING AN UNNECESSARY HOME HARDSHIP AND ACHIEVING FUNCTIONAL AND ECONOMICALLY VIABLE USE OF THE SITE. OUR EXPLANATION IS WAY MORE POWERFUL THAN THAT. THAT WAS THE EXPLANATION THAT THIS BOARD SAID. YOU'VE MET THAT CRITERIA.

I MEAN, WE HAVE DEMONSTRATED THAT OUR SITE IS SMALLER, IT'S MORE COMPRESSED, IT'S MORE LIKELY TO SUFFER TRAFFIC ISSUES. THE QUEUING IS GOING TO BE A BIGGER PROBLEM. ALL OF THAT IS UNIQUE TO THE SITE, WHICH CREATES ITS OWN PRACTICAL DIFFICULTIES.

NONE OF THAT WAS CITED BY TAILGATERS. THEY DIDN'T TALK AT ALL ABOUT WHAT THE PRACTICAL DIFFICULTIES WERE. THEY JUST SAID, WE'RE NOT GOING TO BE ABLE TO DEVELOP THE SITE IF WE DON'T GET THIS AND THEY GOT THE VARIANCE. SO, YOU KNOW, IT'S IMPORTANT TO BE CONSISTENT, BUT IT'S ALSO IMPORTANT TO BE FAIR AND TO PUT US AT A COMPETITIVE DISADVANTAGE AND MAYBE NOT BE ABLE TO DESIGN THE SITE IN A SAFE AND OPERABLE WAY BECAUSE OF THE FACT THAT, YOU KNOW, WE DON'T HAVE A BIGGER SITE ISN'T AN ADEQUATE REASON, I DON'T THINK, UNDER THE LAW TO SAY WE DON'T MEET THAT CRITERIA. I THINK THERE IS A VERY COMPELLING CASE FOR THIS SITE, EVEN OVER THE MYERS SITE, WHICH GOT 16. I MEAN, THIS. THIS SITE, OF ALL THREE OF THOSE THAT THIS BOARD HAS LOOKED AT, IS THE MOST COMPELLING OF ALL OF THEM BECAUSE IT'S THE MOST LIKELY TO HAVE THE QUEUING PROBLEMS WITHOUT THE ADDITIONAL PUMPS AND TO CREATE CONGESTION AND FRANKLY TO CREATE PEDESTRIAN SAFETY.

AND THE LAST THING WE WANT AS SHEETS IS FOR SOMEONE TO GET HURT. AND THAT'S WHY IT'S DESIGNED IN THE MANNER THAT IT IS. I WATCHED THE VIDEO OF TAILGATERS, AND I FRANKLY THINK OUR ARGUMENTS ARE 10 TIMES MORE COMPELLING UNDER THE LAW FOR EACH OF THESE CRITERIA. SO, I'M NOT TRYING TO, YOU KNOW, YOU HAVE TO MAKE YOUR OWN INDEPENDENT DECISION, BUT I REALLY DO THINK WE HAVE A VERY GOOD CASE HERE.

AND I THINK IF YOU READ THE NARRATIVES THAT WE PUT IN OUR APPLICATION AND LOOK CAREFULLY AT THE SITE. IT'S NOT ABOUT PASSING THIS SITE BY TO GO TO ANOTHER GAS STATION THAT'S A COMPETITOR. IT'S ABOUT WHAT IS THE PRACTICAL, UNIQUE CIRCUMSTANCES OF THIS SITE FOR THE DEVELOPMENT AND HOW DOES THAT IMPACT THE ABILITY TO HAVE A SAFE, EFFICIENT, DESIGNED SITE THAT'S GOING TO WORK FOR THE COMMUNITY AND THE PROPERTY OWNER. AND THAT'S WHY I THINK WE MEET THE CRITERIA.

THANK YOU, MR. EPSTEIN. THAT IS WHAT I CAN HEAR FROM THE PRESENTATION AND ALSO FROM WHAT I CAN SEE. MR. SCHMITT, QUESTION FOR YOU.

MYER GAS STATION WAS NOT A CASE OF OURS. WAS THAT SOMETHING THAT WAS BEFORE? DID THEY HAVE 16 PUMPS BEFORE THEY REDID AND THEY JUST KEPT 16 PUMPS? YES, THEY HAD 16 PUMPS PRIOR TO THE RECONSTRUCTION. STAFF HAS TRIED TO TRACE THIS BACK AND CANDIDLY, THAT PROPERTY MIGHT HAVE BEEN THE REASON THE ORDINANCE GOT CHANGED TO WHAT IT IS NOW.

OKAY, YEAH, I WAS CURIOUS ABOUT THAT BECAUSE I CAN'T DIRECTLY CORRELATE IT, BUT THE TIMING IS ROUGH.

OKAY.

BUT YOU KNOW, IRRELEVANT TO THIS DISCUSSION IN THAT IT DID NOT RECEIVE A VARIANCE.

IT'S OLD ENOUGH.

YEAH, I JUST WANT TO MAKE SURE THAT WE'RE CLEAR FOR THAT BECAUSE THAT WAS NOT A GOOD.

IF I REMEMBER CORRECTLY, BECAUSE KROGER, THE ADDITION OF THE KROGER GAS STATION, OBVIOUSLY KROGER ONLY ADDED GAS IN THE LAST 10, 15 YEARS TO MOST OF THEIR SITES. SO THAT IS OBVIOUSLY POST WHEN WE HAD THAT ORDINANCE IN PLACE.

RIGHT, OKAY, I APPRECIATE THAT. ALTHOUGH I DON'T. WAS THAT A VDA VARIANT FOR COPRA? I WOULD HAVE TO CHECK, BUT I UNDER THE ASSUMPTION THAT.

YES.

OKAY, INTERESTING. BEFORE MY TIME ON THE BOARD FOR ALL OF OUR TIMES.

YEAH, ALL RIGHT. WELL, I CERTAINLY, I MEAN, I, I WOULD AGREE WITH MS. JESSIE.

I DO THINK THAT THERE IS A NEED FOR THE BOARD TO BE CONSISTENT AND FAIR. AND WHEN I LOOK AT IT, I DO, I HEAR THE ARGUMENTS THAT SAFETY IS THE UTMOST IMPORTANCE. AND WHILE WE'RE NOT THE VARYING SIZE OF THE PROPERTY, THIS MAY NOT ALWAYS BE A SHEET.

HOWEVER, AS THE PROPERTY OWNER, DO THEY DESERVE THE FAIRNESS

[00:45:06]

WELL, SO CRITERIA NUMBER TWO KIND OF STILL BEING A LITTLE BIT MORE UP IN THE AIR.

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

AND OBVIOUSLY THE ZONING BOARD OF THE FIELD HAS PREVIOUSLY ASKED STAFF TO DIRECTLY LOOK AT THINGS. WE CERTAINLY HAVE NOT HAD TIME GIVEN THE TURNOVER I'M CURRENTLY EXPERIENCING IN MY OFFICE.

RIGHT, RIGHT.

WELL, I THINK A ONE SIZE FITS ALL PROBABLY IS NOT A LONG-TERM BENEFIT OF THIS TOWNSHIP. IF IT'S GOING TO BE CHANGED, THERE SHOULD BE SOME CRITERIA FOR WHAT BASIS IT WOULD BE.

YEAH, ENTERTAINED NUMBERS, SIZE, WHATEVER, TRAFFIC FLOW, THAT SORT OF THING.

SURE, YEAH.

I MEAN, WITH THAT BEING SAID, IS THIS THE MINIMUM ACTION NECESSARY THAT WOULD CARRY OUT THE SPIRIT OF THE ORDINANCE TO CURE PUBLIC SAFETY AND PROVIDE SUBSTANTIAL JUSTICE? I MEAN, I THINK WE COULD ARGUE THAT IT WOULD BE ABLE TO PROVIDE SUBSTANTIAL JUSTICE CONSIDERING THE FAIRNESS OF THE OTHER GAS STATIONS IN LOCAL PROXIMITY TO THIS LOCATION. I ALSO THINK SECURING PUBLIC SAFETY IS. I MEAN, THEY MENTIONED IT SEVERAL TIMES.

IT'S THROUGHOUT THE BOARD PACKET THAT WAS PRESENTED TO US THAT TRULY THIS DESIGN IS NOT ONLY FOR, OBVIOUSLY FOR FINANCIAL GAIN FOR THE COMPANY, BUT ALSO TO ASSURE THAT THERE'S NOT THOSE MASSIVE QUEUES THAT WOULD CAUSE AND COULD CAUSE MORE PEDESTRIAN AND ACCIDENT SITUATIONS.

WELL, I CAN MEET CRITERIA NUMBER THREE. I DO THINK IT'S MINIMUM ACTION. I THINK THAT THERE'S A REASON THEY HAVE 16 THAT THEY DESIGNED. I THINK THEY'VE GOT THE DATA THAT SAYS THAT. I DON'T THINK THAT THEY'RE ASKING FOR 20 OR 24 OR MORE THAN THE SITE CAN HOLD.

SO, I CAN MEET THAT CRITERIA.

I CAN ACCEPT THAT WHETHER IT'S MINIMUM OR NOT, BECAUSE WE DON'T KNOW WHAT'S NECESSARY.

WE'RE GOING ON A HOPEFUL FUTURE SCENARIO. I MEAN, THEY HAVE A LOT OF LOCATIONS, SO WE HAVE THE ABILITY TO KNOW

[00:50:01]

I WOULD HOPE AFTER ALL THESE YEARS, AND IF IT WAS, IF IT'S TRULY THE MINIMUM ACTION NECESSARY, THE ESTABLISHMENT OF A FILLING STATION AT THIS SITE IS A PERMITTED AND BY RIGHT SITUATION. AND IF THIS NEGLECT MADE IT, IF WE REFUSED TO DO SOMETHING LIKE THIS AND THEY COULDN'T DO THAT FOR FINANCIAL OR WHATEVER REASONS, THEN WE'RE PREVENTING THEM FROM DOING SOMETHING THAT'S PERFECTLY LEGAL.

RIGHT.

ALL RIGHT, CRITERIA NUMBER FOUR, GRADES AND THE VARIANCE WILL NOT ADVERSELY AFFECT ADJACENT LAND OR THE ESSENTIAL CHARACTER AND STIMULI OF THE PROPERTY. AND I THINK THAT WHAT THEY'RE. I DO THINK THAT WHAT THEY'RE TRYING TO DO IS TO ASSURE THAT IT DOES NOT ADVERSELY AFFECT COMMUNITY ADJACENT LAND. THAT IS, THE INTENTION HERE IS TO NOT NEGATIVELY IMPACT THE BANK, THE SHOPPING CENTER, THE, YOU KNOW, TRAFFIC COMING IN AND OFF GRAND RIVER AND MARSH. I DO THINK THAT THAT'S THE INTENTION ON HAVING THESE EXTRA PUMPS.

AND I THINK THAT I CAN EASILY MEET THAT CRITERIA. I THINK IT WILL BE NICE TO HAVE SOMETHING THERE THAT'S NOT AN IFR.

THAT'S NOT SOMETHING THAT HAS BEEN, YOU KNOW, LONG SHUTTERED. AND I THINK THAT THAT WILL. WOULD BE A POSITIVE FOR VOTE TOWN TO THE MICKEY. SO, I CAN EASILY MEET CRITERIA NUMBER FOUR. CRITERIA NUMBER FIVE, GRANTING THE VARIANCE, WILL BE GENERALLY CONSISTENT WITH THE PUBLIC INTEREST AND THE PURPOSES AND INTENT OF THIS CHAPTER. AND AGAIN, I THINK THAT IT IS WITHIN THE PUBLIC INTEREST TO HAVE THE OPTION AND HAVE THESE PLACES, YOU KNOW, NEW OPTIONS IN THE COMMUNITY. HAVING THE ACCESSIBILITY, HAVING THE ABILITY TO COME, YOU KNOW, EVEN AS MEMBER OF THE WANT TO ARGUE TO BE ABLE TO COME IN AND SAY WAIT, THAT'S COOL, I CAN GO SOMEWHERE ELSE BECAUSE WE HAVE OPTIONS IN MERIDIAN TOWNSHIP. I MEAN I THINK THAT'S GREAT. OR THEY COULD ALSO SAY I WANT A QUESADILLA. SO, IT'S 3AM THE ONLY PLACE IS OPEN A SHEET.

SO, I MEAN I THINK HAVING MORE OPTIONS IS ALWAYS GOOD FOR OUR TOWNSHIP. HAVING THE ABILITY TO WORK WITH DIFFERENT DEVELOPERS AND BUSINESSES, ALWAYS A GREAT THING FOR THE TOWNSHIP. SO, I CAN MEET CRITERIA NUMBER FIVE.

I'D GO BEYOND THAT AND SAY HAVING THIS FILLED WITH AN ACTIVE BUSINESS.

SUPPOSE THE TWO UNDERUTILIZED BUILDINGS, BOTH NOW CLOSED CERTAINLY IS TO THE BENEFIT OF TOWNSHIP AND IT DOES FIT IN IN GENERAL WITH THE COMMERCIAL NATURE OF THE AREA.

ALL RIGHT, SO IT LOOKS LIKE WE CAN MEET CRITERIA 1, 03, 4 AND 5. SO LET'S TALK ABOUT 2 AND IS PRACTICAL DIFFICULTIES. I THINK WE'RE KIND OF BACK TO WHAT THE APPLICANT'S REPRESENTATIVES HAVE SAID REGARDING, YOU KNOW, THE FACT THAT IT CREATES A PRACTICAL DIFFICULTY IF THERE'S GOING TO BE ANY KIND OF UNSAFE SITUATION IN THEIR ON THAT PROPERTY. AND I THINK THAT'S, THAT'S KIND OF WHERE MY FOCUS KIND OF GOES TO. I'M GOING TO SHUT OUT THE OTHER CASES. I WASN'T HERE, I WASN'T, I DIDN'T MAKE THAT DECISION.

SO, I'M GOING TO FOCUS ON THIS ONE AND SAY TO ME THIS IS ABOUT SAFETY.

MAKING SURE THAT PEOPLE ARE NOT UNSAFELY QUEUING OUT INTO GRAND RIVER, NOT UNSAFELY PULLING UP INTO PEDESTRIAN AREAS AND HAVING THE ABILITY TO GET INTO A PUMP AND, AND OUT OF THE PUMP WITHOUT MUCH STACKING AND QUEUING THAT WOULD CREATE ANY KIND OF UNSAFE SITUATION. SO THAT'S WHERE I'M GOING ON THE PRACTICAL DIFFICULTY OF IT. USING IT FOR THE PERMITTED PURPOSE, WHICH IS A FILLING STATION AND A RESTAURANT AND BEING ABLE TO DO THAT FUNCTIONALLY AND SAFELY I WOULD AGREE WITH. AND IF I REMEMBER CORRECTLY, THAT WAS ONE OF THE BIGGEST GROUNDS THAT THIS BOARD MINUS YOU APPROVED THE VARIANCE FOR TAILGATERS WAS ON THE ASPECT OF THE SAFETY OF NOT HAVING THE VEHICLES QUEUE OUT INTO GRAND RIVER.

SO, THIS IS A SIMILAR SITUATION. SO, I KNOW THAT THE WHOLE TERM PRECEDENT IS VERY STICKY BECAUSE WHEN I CAME ONTO THE BOARD TWO, THREE YEARS AGO, I HAD THAT IN BACK OF MY MIND BECAUSE OTHER CITIES I'VE WORKED FOR, THEY CONSIDER THAT AND CONSIDER IS THIS GOING TO START A PRECEDENT WHERE I WAS HERE AND IT WAS, NOPE, CAN'T DO THAT, CAN'T WORRY ABOUT IT. YOU GOT TO FOCUS ON THESE ONE ON ONE. AND I REMEMBER THINKING, WELL, HOW CAN WE DO THAT? BECAUSE IF THIS IS GOING TO CHANGE AND

[00:55:01]

SO, I CAN SEE BOTH SIDES.

BUT I THINK, YOU KNOW, FAIRNESS POINT YOU MADE. YOU KNOW, YOU CAN'T JUST BASE THIS ALL ON FAIRNESS. AND I UNDERSTAND.

BUT I DO THINK THAT WITH THE WAY THE TAILGATERS WAS EXPLAINED TO US, THERE IS A SIMILARITY IN MY EYES BETWEEN THE TAILGATERS IN HERE. THE REQUEST FOR THE AMOUNT OF PUMPS AND THE REASONS WHY.

THE REQUEST AMOUNT OF PUMPS, THE MAIN REASON WHY IS VERY SIMILAR WITH THE TAILGATERS.

AND I THINK THE APPLICANT DID A GOOD JOB OF EXPLAINING WHY.

IT'S MORE OF A PRECEDENT ON THIS. I SHOULDN'T SAY PRECEDENT. SOME ON THE PRECEDENT. AND IT'S MORE OF A COMPELLING REASON ON THIS PROPERTY TO APPROVE THIS VARIANCE THAN IT IS NECESSARILY ON THE TAILGATE AS WHISKEY SPORT DID. SO, I CAN SEE THE PRACTICAL DIFFICULTY WITH THIS PROPERTY ESPECIALLY THROW IN THERE, YOU KNOW, YOU GOT THIS WATER BODY ON THE BACK. SO, IT'S NOT LIKE WE COULD SAY, HEY, YOU KNOW, YOU DON'T HAVE A SITE PLAN YET, YOU JUST HAVE THE SPECIAL USE.

COULD YOU PUSH EVERYTHING FARTHER BACK AGAINST AWAY FROM GRAND RIVER AND THAT'LL END SOME OF YOUR QUEUING? WELL, THEY REALLY CAN'T DO THAT. THEY'VE GOT A POND BACK THERE FOR STORMWATER RETENTION, WHEREAS TAILGATERS MAY HAVE HAD A BIGGER PROPERTY. THEY CAN MOVE THAT POND AROUND. THEY'RE VERY LIMITED. SO, I THINK THAT'S PART OF THE COMPELLING ARGUMENT THAT THIS PROPERTY COULD POTENTIALLY HAVE IS THAT THEY'RE GOING TO BE VERY LIMITED ON SPACE WHERE THEY CAN PUT THOSE PUMPS.

THEY'RE GOING TO HAVE MORE PARKING BECAUSE THEY'RE GOING TO HAVE AN IN STORE RESTAURANT WHERE THE OTHER ONES DON'T, EVEN THOUGH THEY HAVE A LOT OF ALCOHOL AND DONUTS, WHICH CAN'T GO WRONG WITH THAT MIX.

THAT'S A DIFFERENT. SO THAT'S JUST THE WAY THAT I CAN SEE IT.

BUT I DO AGREE WITH THE APPLICANT, AND I THINK THERE IS A COMPELLING CASE WITH PRACTICAL DIFFICULTIES WITH IT MORE THAN THE TAILGATER'S CASE.

ALL RIGHT. WELL, MY. SHOULD SO, IT'S LIKE ERASING ALL THESE ISSUES. YES, I CAN AGREE WITH YOU.

NOT ALL OF THEM.

I DON'T THINK YOU HAVE CHANGED MY MIND THAT IF 16 PUMPS IS WHAT YOU NEED TO OPERATE, THEN THERE'S A MORE COMPELLING REASON TO HAVE 16 HERE ON A SMALLER LOT THAN THERE IS NOT A LARGER LOT.

I WOULD AGREE.

SO, I WOULD AGREE.

NUMBER OF PUMPS, THE SIZE OF WATT, AND THAT'S A FACTOR.

BUT ALSO, IF YOU BUILD IT, THEY WILL COME. AND SO ESPECIALLY AT THIS INTERSECTION, I CAN SEE THAT AS A PRACTICAL DIFFICULTY, AND I CAN ABIDE BY TWO BEING FOUND.

I DO WORRY AND THINK, I MEAN, IT'S UPON US, RIGHT? COLLEGE STUDENTS ARE COMING BACK ANY DAY AND IT'S LIKE; YOU DON'T WANT TO GO TO THAT CORNER. YOU DO NOT WANT TO GO TO THAT TARGET OR THAT. SO, I CAN ONLY IMAGINE. BECAUSE WHEN AND WHEN CHICK FIL A OPENED, IT WAS CRAZY. IT WAS. I MEAN, AND I HAVE EVERY, YOU KNOW, BELIEF THAT COLLEGE STUDENTS WILL COME TO SHEETS TO GET QUESADILLAS AT 3AM DO YOU THINK, AGAIN, IF YOU BUILD IT, THEY WILL COME AND THEY WILL COME FROM A. AND THEY WILL COME FROM WILLIAMSTON, AND THEY WILL COME FROM, YOU KNOW, AROUND. SO, I DO. ABSOLUTELY. I DO THINK THAT THERE'S NEED FOR IT. SO, I DO THINK THAT THERE WILL BE AND COULD BE. AND THEY KNOW THEIR BUSINESS. SO, I HAVE NO DOUBT THAT THEY UNDERSTAND WHAT THE POTENTIAL IS FOR FOOT TRAFFIC OR CAR TRAFFIC FOR, YOU KNOW, HE SAID HE KNOWS THE RATIO BETWEEN INSIDE RESTAURANT AND OUTSIDE THE PUMP. SO, I DO THINK THAT THEY HAVE AN INTERESTING PERSPECTIVE IN DATA. YES, MEMBER BENOIT.

YEAH. SO, IN A FUNNY ENOUGH ROUNDABOUT WAY, IT'S ACTUALLY LOOKING AT THIS LOT. IF WE WERE TO DENY 16 PUMPS, I DON'T KNOW HOW THEY WOULD GET EVEN 10 BECAUSE OF THE SMALLER LOT SIZE WHERE TAILGATERS, BECAUSE IT WAS A LARGER LOT SIZE, THEY COULD ADD JUST ANOTHER PUMP ON THE OTHER END, AND IT WOULD MAKE SENSE. SO, IF WE DO DENY THIS FEASIBLY, I DON'T KNOW IF THEY'D BE ABLE TO GET MORE THAN EIGHT PUMPS BECAUSE THEY'D JUST BE STACKING THEM RIGHT NEXT TO EACH OTHER IN THAT SENSE.

KEEP IN MIND, THOUGH, THAT THE DRAWING YOU'RE LOOKING AT THAT IS THE 16.

YEAH, YEAH, YEAH.

SO, THERE'S TWO ON EACH SIDE AND, YOU KNOW, FOUR ROWS. AND FOR ME, AS LONG AS, LIKE THE LOT SIZE IS NOT BEING EXTENDED OR LIKE THE AREA WHERE THE PUMPS ARE WOULD ACTUALLY BE, IT'S KIND OF A LOT DIFFERENT THAN THE TAILGATER'S

[01:00:02]

YEAH, THAT'S THE THOUGHT.

I JUST.

I CAN. I CAN SEE WHAT YOU'RE SAYING, BECAUSE WITH ONLY TEN PUMPS, I MEAN, JUST TO EVEN. EVEN JUST TAKE OFF THOSE TOP THREE, NOW ALL OF A SUDDEN, ALL OF THAT SPACE IS STILL WITH CAR QUEUING AS OPPOSED TO BEING LINED UP AT A HOME.

YEAH. AND IF YOU WANTED TO STACK LIKE ONE ON EACH SIDE TO FIVE, THEN THERE'S NO ROOM ON THE NORTH OR THE SOUTH END, I WOULD ASSUME.

YEAH. YOU CAN'T GO ANY FURTHER TO BE ABLE TO HAVE TRAFFIC FLOW IN AND OUT TO THOSE PARKING.

BIGGER PROBLEM IN THAT SENSE.

AND ALSO, YOU'RE PUTTING SHEETS AT A DISADVANTAGE TO THE REST OF THE COMMUNITY. AND IT'S ON A DIFFERENT LOT COMPARED TO TAILGATERS, WHERE IT IS CONNECTED THE TWO MAJOR ROADS.

RIGHT.

WHERE TAILGATERS WAS JUST ON GRAND RIVER.

JUST ON GRAND RIVER.

AND YOU KNOW, ACROSS THE STREET IS 16 BUCKS.

SO.

RIGHT.

IT IS A VERY DIFFERENT CASE.

AND IT IS VERY EASY TOO.

OH, YEAH.

GOING BACK TO POINT ONE.

YEAH.

ALL RIGHT. I APPRECIATE THAT.

SO, THAT'S HOW I WOULD GET AROUND TO POINT NUMBER TWO.

WOULD BE A PASSPORT DIFFICULTY WHERE THEY WOULDN'T EVEN BE ABLE TO GET A.

IT WOULD NOT EVEN BE FEASIBLE FOR THE 10 PUMPS BE FUNCTIONAL.

SO THAT'S A. THAT'S A GREAT WAY TO LOOK AT THAT. ALL RIGHT.

WELL, DO WE HAVE A MOTION? ANYBODY FEEL UP TO IT? YOU GUYS GETTING RUSTY ON ME? I CAN MAKE A MOTION.

OKAY.

I WOULD MAKE MOVE THAT WE APPROVE ZBA CASE NUMBER 26-08 LOCATED AT 1930 GRAND RIVER FOR THE VARIANCE TO INCLUDE UP TO 16 FUELING STATIONS ON THE PROPERTY. MAXIMUM OF 16 FUELING STATIONS ON THE PROPERTY.

OKAY. ALL RIGHT.

ANOTHER THING I WOULD ADD IS IT'S GOT TWO ADDRESSES. 1878 AND 1930.

OKAY.

START WITH LOTS OF. MAKE SURE THAT IT COVERS BOTH.

YEAH. UNTIL.

PLEASE.

UNTIL THEY JOIN ONE BUILDING THAT WAY. AND OUR FILES, IT WILL ATTACH TO BOTH.

OKAY.

WE'LL AMEND MY MOTION TO ALSO INCLUDE 1878 GRAND RIVER AS WELL AS 1930 GRAND RIVER FOR THE SUBSCRIBER.

OKAY.

ALL RIGHT. ANY OTHER THOUGHTS, QUESTIONS, CONCERNS? LOOKS LIKE WE CAN MEET ALL BY CRITERIA. SO, I DON'T HAVE ANY OTHER THOUGHTS OR CONCERNS.

CONCERNS. BUT TAKE NOW OR WE ARE GOING TO VOTE. ALL RIGHT.

THIS IS A VOTE TO APPROVE DBA CASE NUMBER 2608 WITH THE INCLUSION OF THE TWO ADDRESSES AS LISTED, THE TWO DIFFERENT PERSONS, WHERE ARE THEY? THANK YOU.

WITH 1878 AND 1930 GRAND RIVER HAPPENING. MEMBER BENOIT? YES.

MEMBER KOENIG? YES.

MEMBER TREZISE? YES.

AND THE CHAIR MANSOUR VOTES? YES.

YOUR VARIANCE HAS BEEN APPROVED. GENTLEMEN, THANK YOU VERY MUCH FOR BEING HERE AND FOR COMPELLING ARGUMENTS.

THAT'S REALLY. IT HELPS US MAKE.

YES. WE APPRECIATE YOUR TIME.

THANK YOU. WE LOOK FORWARD.

COUNTING. SASHA.

THANK YOU. ALL RIGHT, NOW WE ARE GOING TO MOVE OVER TO VBA CASE NUMBER. WELL, I'M GOING TO GIVE ONE OPPORTUNITY, IF ANYBODY IS HERE THAT WOULD LIKE TO SPEAK ON CBA CASE NUMBER 26-09. THAT WAS WITHDRAWN FROM OUR AGENDA FOR THIS EVENING. SO THAT APPLICANT HAS REMOVED THEIR APPLICATION.

BUT IF ANYBODY WOULD LIKE TO SPEAK ON IT, I WILL GO AHEAD AND OPEN THE FLOOR FOR PUBLIC COMMENT. AND IF NOT, I SEE NOBODY RUSHING TO THE PODIUM. SO, I WILL GO AHEAD AND CLOSE PUBLIC COMMENT

[6.C. ZBA CASE NUMBER: 26-10 (2736 Grand River), CESO, Inc. ]

THANK YOU, MR. SCHMITT.

THANK YOU, MADAM CHAIR. THE REQUEST IN FRONT OF YOU THIS EVENING IS. LET ME PULL IT UP HERE FOR THE PROPERTY.

RIGHT HERE.

THIS IS THE SITE IN QUESTION AT 2736 GRAND RIVER, CURRENTLY THE SITE OF THE CLARION HOTEL, DIRECTLY ADJACENT TO WHOLE FOODS AND COLLEGE PARK. GARMENTS TRADER JOE'S HERE. THE HOTEL WOULD BE REMOVED FROM THE SITE AND A NEW FACILITY BUILT ORIENTED TOWARDS GRAND RIVER AVENUE.

AS YOU CAN SEE, THE REQUEST IN

[01:05:01]

THEY ARE ADJACENT TO RESIDENTIALLY ZONED PROPERTY TO THE NORTH. TYPICALLY, THE ORDINANCE REQUIRES A 300 FOOT SETBACK FOR ANY STRUCTURE.

THEY ARE PROPOSING 129.9FT OF SETBACK, WHICH IS PRETTY CLOSE TO THE MOST YOU'RE GOING TO BE ABLE TO GET ON THIS LOT.

AND SO, THEY ARE REQUESTING A VARIANCE OF 170.1FT. I WILL NOTE THAT THE WARDCLIFFE DRIVE. THE ORDINANCE READS FROM THE NEAREST RESIDENTIALLY ZONED PROPERTY. THE WARDCLIFFE DRIVE CUL DE SAC RIGHT OF WAY IS ZONED COMMERCIAL.

SO, IN THIS CASE IT DOES NOT.

STAFF WENT THROUGH THIS IN DETAIL AND CAN CONFIRM THAT THE 129.9 IS THE NEAREST RESIDENTIALLY ZONED PROPERTY.

WE MADE SURE OF THAT AS WE WENT THROUGH THIS.

IT WORKED IN THEIR FAVOR, ODDLY ENOUGH.

IS IT? AND THAT'S NOT USUALLY THE CASE, BUT.

SO THAT'S VARIANCE A, VARIANCE B IS THEY ARE REQUESTING A WAIVER, A VARIANCE OF THE 4FT OF LANDSCAPING REQUIRED AROUND THE PERIMETER OF THE BUILDING.

IN THIS CASE, THEY PROPOSED SIDEWALK AROUND THE ENTIRE CONCRETE, AROUND THE ENTIRE PERIMETER.

SO, IT'S A FOUR-FOOT VARIANCE AROUND THE ENTIRETY OF THE BUILDING. THE APPLICANT IS HERE THIS EVENING AND CAN SPEAK FURTHER TO THE REQUEST.

OKAY, IN THEORY IT SHOULD WORK.

IN THEORY IT WORKS. WHILE YOU'RE TECH, WHILE YOU'RE TECH HELPING HERE, WILL YOU PLEASE JUST STATE YOUR NAME AND ADDRESS FOR THE PUBLIC RECORD? 13060 SOUTH U.S. HIGHWAY 27, DEWITT, MICHIGAN 48820.

THANK YOU SO MUCH.

OKAY, GO AHEAD AND START THIS.

THERE YOU GO. THANK YOU FOR HAVING US HERE TONIGHT TO DISCUSS THIS PROJECT.

I'M JUST GOING TO GIVE YOU A BRIEF OVERVIEW OF THE SITE AND THEN GO OVER THE VARIOUS A LITTLE BIT MORE IN DETAIL. SO AS NOTED, THE SITE IS ADJACENT TO THE WHOLE FOODS.

THE ONLY RESIDENTIAL PROPERTY LINE IS TO THE NORTH OF THIS, ONLY THAT NORTHERN LOT LINE ADJACENT TO THAT HOUSE RIGHT THERE, AS YOU CAN SEE. AND I'LL SHOW THE EXHIBIT IN A SECOND. THEIR CURRENT PARKING IS PRETTY CLOSE TO THAT PROPERTY LINE TO THE NORTH. SO ACTUALLY, WE ARE GOING TO BE CREATING MORE OF A SEPARATION THAN WHAT IS THERE TODAY FROM THAT RESIDENCE.

SO, WITH THAT, YOU CAN SEE WE'RE PUTTING OUR ABOVE GROUND POND IN THE REAR OF THE SITE IN ORDER TO MEET INGHAM COUNTY REQUIREMENTS FOR STORMWATER. AND THEN WITH THAT IT CREATES LIKE A 50-FOOT SEPARATION FURTHER FROM WHERE THE PAVEMENT AND GUARDRAIL SIT TODAY TO WHERE OUR DUMPSTER ENCLOSURE WOULD BE LOCATED. SO JUST TO KIND OF SHOW YOU CAN SEE, THE GREEN IS THE EXISTING, AND THE RED IS OUR PROPOSED.

JUST TO KIND OF GIVE A GOOD IDEA OF, YOU KNOW, IT'S A TIGHT SITE. SO, PART OF THE HARDSHIP IS THE SIZE OF THE SITE. THE ENTIRE DEPTH OF THE SITE IN THE CENTER SECTION FROM HERE DOWN IS 228FT. AND THEN ON THIS FAR SIDE IT'S A LITTLE FURTHER, BUT IT'S 200, I WANT TO SAY 92. I HAVE IT ON MY SITE, BUT IT'S LESS THAN 300. SO, THIS SITE DEPTH WOULD NOT ALLOW AT ALL FOR THAT 300-FOOT SEPARATION FROM THE BUILDINGS AND CANOPIES FOR THIS SPECIFIC USE. SO, I JUST WANTED TO POINT THAT OUT AND KIND OF SHOW THE DIFFERENCE BETWEEN WHAT'S THERE TODAY AND WHAT WE'RE PROPOSING. IT'S ACTUALLY LESS INTRUSIVE THAN WHAT IS THERE CURRENTLY TODAY. SO, AS YOU CAN SEE, WE DO SHOW FIVE DISPENSERS, SO 10 CEILING POSITIONS. SO, WE'RE NOT REQUESTING THE VARIANTS ON NUMBER DISPENSERS, JUST THE SETBACK SPECIFIC TO THE SITE. ON OUR SITE WE DO SHOW CROSS ACCESS RIGHT HERE TO THE WHOLE FOODS PARKING LOT.

SO, OUR SITE WILL HAVE ACCESS TO THE SIGNAL TO BE ABLE TO MANEUVER, GET IN AND OUT.

WE DO HAVE A RIGHT IN, RIGHT OUT DRIVEWAY SHOWING ON GRAND RIVER. AND THAT IS TO ALLOW, ESPECIALLY ALLOW THE FUEL TRUCKS TO MOVE. SO, THE FUEL TRUCK WILL HAVE TO ENTER THROUGH THE WHOLE FOODS. THEY DROP FUEL, THEY HAVE TO DROP ON THE PASSENGER SIDE OF THE VEHICLE AND THEN THEY WOULD EXIT ONTO GRAND RIVER. SO, THIS HAS BEEN REVIEWED AND APPROVED BY MDOT. WE DID DO A TRAFFIC STUDY AND EVERYTHING WAS APPROVED BY MDOT FOR OUR DRIVEWAY LOCATIONS.

WITH THIS, WE ARE PROPOSING 25 PARKING SPACES AND AGAIN, THE POND IN THE REAR OF THE SITE. THIS BUILDING IS A 4852 SQUARE FOOT CONVENIENT STORE. IT DOES NOT HAVE A RESTAURANT. IT'S MORE OF JUST A GRAB AND GO TYPE OF FOOD. IT'S NOT CUSTOM ORDER.

IT DOESN'T HAVE AS MANY OFFERINGS. IT'S MORE OF A QUICK IN AND

[01:10:02]

SO, I JUST KIND OF WANT TO POINT OUT THAT IN THE C2 ZONING DISTRICT, SPECIFICALLY, THE REQUIREMENT FOR SETBACKS ADJACENT TO RESIDENTIAL IS 100FT OR 60 FOOT IF YOU HAVE A DOUBLE ROW, HEAD ROW OF SHRUBS OR TREES.

AND IN THIS SITUATION, BECAUSE THERE WAS EASEMENTS, WE AGREED TO DO A FENCE ALONG THE BACK WITH A SINGLE ROW OF TREES BECAUSE THE DOUBLE IS NOT, IT'S NOT PRACTICAL. AND THAT WAS ALSO IN WORKING WITH THE PROPERTY OWNER DIRECTLY TO THE NORTH. HE WAS HERE, I THINK, AT OUR VERY FIRST MEETING AT THE PLANNING COMMISSION.

JUST WANTED TO SEE A LITTLE BIT MORE AS FAR AS THE LANDSCAPING AND THE FENCING. SO THAT JUST TO KIND OF POINT OUT SOME OF THE CHANGES THAT DID OCCUR SINCE THE VERY FIRST MEETING, WE ADDED IN DEFENSE, YOU CAN SEE THE BLUE LINE.

TRIED TO MAKE IT KIND OF COLOR COORDINATED. SO, YOU CAN SEE THE. THE HATCH TO THE NORTH IS THE RESIDENTIAL ZONING. THE GREEN IS THE C2 ZONING DISTRICT. THE BLUE LINE IS THE FENCE TO KIND OF PROVIDE PRIVACY TO THAT CUL DE SAC INTO THE RESIDENCE. AND THEN WE ALSO SPOKE WITH THE OWNER OF THE APARTMENTS NEXT DOOR, AND THEY WANTED TO SEE A FENCE ALONG THEIR PROPERTY LINE WITH SOME ADDITIONAL LANDSCAPING AS WELL. THERE IS A SANITARY MAIN IN THERE. SO, WE WERE GOING TO BE SHIFTING. WE HAVE TO RELOCATE THAT SANITARY IN ORDER TO PROVIDE THAT EASILY SHIFT THE EASEMENT IN THE SANITARY TO PROVIDE THAT LANDSCAPING AND THAT FENCE.

SO, WE DEFINITELY HAVE WORKED WITH OUR NEIGHBORS TRYING TO COME UP WITH A SITE THAT WE FEEL WORKS FOR EVERYBODY, WHICH IDEALLY THE SITE IS JUST NEAR IT'S SHORT. SO THAT'S A HARD TIP FOR THE SPECIFIC TO THE USE. SO OVERALL WE ARE MEETING THE C2 STANDARDS.

WE'RE JUST NOT MEETING THE SPECIAL USE EXPERIENCE STANDARD FOR THE GAS STATION. SO AGAIN, WE ARE REQUESTING A SETBACK OF THE 129.9FT. SO WEIRD MY MOUTH HAS TO GO THE TRAINING.

SO THAT WOULD BE FROM THAT NORTHERN PROPERTY LINE TO THE BUILDING CORNER, THE NORTHWEST BUILDING CORNER, JUST TO KIND OF POINT OUT WHERE THAT IS LOCATED. THE CANOPY SETBACK, JUST TO KIND OF GIVE AN IDEA OF SPACE IS 226TO THE CORNER OF THE CANOPY. SO THE BUILDING, THE BACK OF THE BUILDING IS KIND OF THE WORST CASE SCENARIO, WHICH IS WHERE THAT MEASUREMENT GOES. AND WE DO NOT HAVE. WE WERE ALSO ASKED. SORRY, I JUST REMEMBERED ONE MORE THING TO ADD. CROSS ACCESS FROM THE CUL DE SAC TO OUR SIDEWALKS.

BECAUSE THERE WAS A LOT OF RESIDENTS THAT WANTED TO HAVE THAT. I KNOW THERE'S A FOOTPATH CURRENTLY OUT THERE THAT IT'S OVERGROWN, BUT PEOPLE USE IT ALL THE TIME.

YOU CAN TELL IT STAYS WALKED ON. IT CONNECTS MORE ON THE SIDE HERE AND GOES I BELIEVE OVER TO THE SIDE PARCEL.

CURRENTLY IS HOW IT'S CONNECTED BECAUSE THERE'S A FENCE ALONG THE HOTEL PARCEL.

BUT THAT WAS ONE REQUEST FROM EVERYBODY THAT WE SPOKE TO.

THEY WANTED A CROSS CONNECTION TO BE ABLE TO GET TO THE STATION AND ALSO GET TO GRAND RIVER. SO, WE ARE SHOWING THE WALKWAY FROM THE CUL DE SAC. WE'LL HAVE TO WORK WITH THE ROAD COMMISSION ON THAT. BOTH WE HAVE BEEN IN COMMUNICATION WITH THEM AS WELL. SO THAT WAS ANOTHER ASK OF THE NEIGHBORS, TRYING TO THINK OF EVERYTHING SPECIFIC. SO OVERALL, WE TRIED REALLY HARD TO WORK WITH THE SIZE AND SHAPE OF THE SITE AND COME UP WITH A USE THAT WE FEEL IS VERY WELL FITTED FOR THE AREA, THE NEIGHBORHOOD. IT'S ON GRAND RIVER. THE TRAFFIC DEFINITELY IS GENERATED THERE.

IT KEEPS THE. SOME PEOPLE THAT NEED GAS AND FOOD FROM WHOLE FOODS. IT GIVES THAT CROSS ACCESS, WHICH IS ALWAYS A POSITIVE AS WELL. AS FAR AS THE SECOND VARIANCE REQUESTED, WE DID NEED A. SO, THE WAY THE ORDINANCE READS ON THIS KIND OF A GRAY AREA IF WE NEED A VARIANCE OR NOT. SO, WE PUT IN AS A VARIANCE AS A REQUEST.

SO, THE ORDINANCE SPECIFICALLY SAYS THAT 4 FOOT MULTIPLIED BY THE PERIMETER OF THE BUILDING AND FEET SHALL BE INCORPORATED EITHER AT THE BUILDING OR ELSEWHERE ON THE SITE AS APPROVED BY THE DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT DURING THE SITE PLAN REVIEW.

SO, WITH THAT, I JUST WANT TO POINT OUT, IF YOU LOOK AT THE TWO GREEN AREAS SHOWN ABOVE, IF YOU DO THE CALCULATION, WE WOULD REQUIRE 01,144 SQUARE FEET OF LANDSCAPING AREA AND THOSE TWO GREEN AREAS JUST SHOWN ABOVE ON THE SIDE IS ACTUALLY 1,256 SQUARE FEET. SO, WE ARE STILL PROVIDING LANDSCAPING ADJACENT TO THE BUILDING. IT'S JUST NOT.

NOT AGAINST THE PERIMETER OF THE BUILDING. AND PART OF THE REASON FOR THAT IS ONE MAINTENANCE TRIPPING, JUST PEDESTRIANS. IF YOU TRY TO MULCH IT, MULCH GETS IN THE SIDEWALK BECOMES A MESS AND HAZARD. IF YOU TRY TO DO ROCKS, ROCKS GET IN THE SIDEWALK, IT BECOMES A HAZARD. SO, IT'S MORE OF A PEDESTRIAN SAFETY ITEM JUST BECAUSE IN MAINTENANCE. BECAUSE IT'S VERY CHALLENGING TO ADD THAT LANDSCAPING ALONG THE WHOLE PERIMETER.

[01:15:01]

WITH THIS REQUEST, AGAIN, WE ARE STILL PROVIDING LANDSCAPING. IT'S NOT THAT WE'RE NOT PROVIDING SOME GREEN AREA. WE JUST TRY TO KEEP IT MORE IN AN AREA WHERE IT'S EASIER TO MAINTAIN. WE CAN DO MORE WITH IT. AND YOU'RE GOING TO HAVE LESS ISSUES WITH PEDESTRIAN SAFETY AS WELL.

ONE THING I WILL NOTE TOO IS WE DID TRY TO KEEP A LOT OF THE GREEN AREA ALONG THE FRONT TOO, ALONG THE ROAD. SO, IF WE WERE TO PUT THAT 4 FOOT OF SIDEWALK IN, WE WOULD HAVE TO SHIFT INTO THE GREEN SPACE ALONG GRAND RIVER. WE THOUGHT THAT IT WOULD BE MORE IMPORTANT TO HAVE THE GREEN ALONG THE ROADWAY AS WELL FOR LANDSCAPING, TO JUST HAVE A NICE AESTHETIC SITE. I DID PROVIDE THE SUPPORT OR THE FIVE ITEMS IN OUR LETTER. IF YOU HAVE ANY QUESTIONS, I'D BE HAPPY TO GO OVER IT, JUST HAVE A VIDEO, JUST TO KIND OF SHOW YOU. THIS IS THE NEW 711 BRANDING. THEY HAVE ONE THAT IS ABOUT TO OPEN NEXT MONTH. I THINK THAT'LL BE THE FIRST ONE IN MICHIGAN. SO, I KNOW THEY HAVE OPENED ONE IN BELLEFONTAINE, OHIO JUST RECENTLY, BUT THAT WAS THE FIRST ONE WITH THIS NEW PROTOTYPE. SO, SARAH, IT'S JUST NEWER, SO KIND OF NICE. I LIKE IT.

IT'S A LITTLE MORE MODERN, DEFINITELY CLEAN, VERY STREAM.

I DON'T KNOW. I JUST LIKE THE APPEARANCE OF THE NEWER LAYOUT COMPARED TO SOME OF THE OLDER STATIONS. SO, I'D BE HAPPY TO ANSWER ANY QUESTIONS AGAIN IF YOU HAVE ANYTHING FURTHER.

ALL RIGHT, THANK YOU VERY MUCH, MS. KHAN. IS THERE ANYBODY ELSE THAT LIKES TO SPEAK ON THIS CASE THIS EVENING EITHER? ANY GENTLEMAN THAT'S STILL HERE, SPEAK ON THIS CASE. COME ON UP TO THE PODIUM. JUST GIVE YOUR NAME AND ADDRESS FOR THE PUBLIC RECORD, PLEASE.

I CAN'T BELIEVE I'VE COME TO ANOTHER EVENING MEETING. MY NAME IS BILL MCCONNELL, I LIVE AT 4376 MANITOU HERE IN OAKAMUS, AND I DO SERVE ON THE PLANNING COMMISSION. I'M NOT HERE ON BEHALF OF THE PLANNING COMMISSION. I'M HERE TO SHARE WITH YOU SOME INFORMATION THAT CAME UP DURING OUR DISCUSSIONS AND LET YOU KNOW SOME THINGS THAT I'VE THOUGHT ABOUT SINCE WE HAD THAT VOTE. TWO OF OUR COMMISSIONERS AT THE LEAST HAD CONCERNS ABOUT THE POTENTIAL HEALTH EFFECTS OF GASOLINE VAPORS ON NEARBY RESIDENTIAL AREAS AND HAD PROVIDED SOME SCIENTIFIC PUBLICATIONS THAT EXPLAIN WHAT THE HEALTH EFFECTS ARE AND HOW THEY'RE LIKELY TO BE RELATED TO PROXIMITY TO GAS STATIONS.

THE PLANNING COMMISSION ASKED THE APPLICANT TO PROVIDE MORE INFORMATION ON HOW GASOLINE SPILLS, FUMES AND DRIPS OF ARE REGULATED AND CONTROLLED. AND THEY VERY GRACIOUSLY PROVIDED US WITH INFORMATION ABOUT THE FEDERAL REGULATIONS THAT APPLY AS WELL AS THE STATE INSPECTIONS THAT GO ALONG WITH IT, AND SOME REALLY IMPRESSIVE TECHNICAL INFORMATION ABOUT THE SYSTEMS THAT ARE IN PLACE TO PROTECT, FOR EXAMPLE, FROM THE ESCAPE OF VAPORS DURING REFILLING OF THE TANKS, FROM THE TRUCK FILLING THE TANKS AND VAPOR RECOVERY HOSES AND SUCH AND ALL OF THE THINGS THAT GO INTO ENSURING THAT IF ANY, IF THE MAIN TANK DOES LEAK, THAT IT CAPTURED IN A SECONDARY TANK AND THINGS.

AND ON THAT BASIS, MY FEELING AT THE TIME WAS THAT THAT PROCESS IS WELL REGULATED ENOUGH THAT IT PROBABLY IS GOING TO BE OKAY. SINCE WE TOOK THAT VOTE. I HAPPEN TO PASS BY A GAS STATION THAT I'VE BEEN PASSING BY FOR 20, 20 YEARS AND THE REFUELING TRUCK HAPPENED TO BE THERE. NOT ANY OF THE APPLICANTS THAT WE'RE CONSIDERING HERE, BUT A WELL KNOWN BRAND. AND AS I PASSED BY, THE CAR FILLED WITH FUMES OF GASOLINE AND THAT REALLY CAUGHT MY ATTENTION.

AND AS I WENT TO TURN AROUND AND COME BACK, I GOT ANOTHER BIG WHIFF OF FUMES FROM THE GAS STATION. THE WIND WAS BLOWING FROM THAT STATION.

I WAS 200FT AWAY AND I REACTED PHYSICALLY TO THAT AMOUNT OF VAPOR IN THE AIR. I'VE SINCE READ THAT JUST ON THE BASIS OF SPILLS FROM THE NOZZLE BEING REMOVED FROM THE CAR. IF YOU ADD UP ALL THE LITTLE TINY DROPLETS OVER TIME, SOME FOLKS HAVE ESTIMATED THAT THAT A TYPICAL, WHATEVER THAT IS, FUEL STATION MIGHT HAVE AS MUCH AS 400 GALLONS OVER THE COURSE OF A DECADE, WHICH I THINK IS 40 PER YEAR, WHICH I THINK IS ABOUT A GALLON A WEEK. IF I HAD A CAR IN MY DRIVEWAY THAT WAS

[01:20:03]

THOSE ARE THE REMARKS I WANTED TO MAKE THIS EVENING. I'M AFRAID I CAN'T STICK AROUND.

I'VE BEEN BATTLING WITH A JOINT ISSUE AND YOU CAN KEEP BOUNCING UP AND DOWN HERE.

BUT I'LL FOLLOW ALONG ONLINE.

THANK YOU VERY MUCH.

THANK YOU, SIR. THANK YOU SO MUCH FOR YOUR TIME. ALL RIGHT, IF THERE'S ANYBODY ELSE WHO'D LIKE TO SPEAK ON THIS TAPE THIS EVENING, I'M GOING TO GO AHEAD AND CLOSE PUBLIC COMMENT AND I WILL OPEN IT FOR BOARD TIME. ALL RIGHT, BOARD MEMBERS, I GUESS I'M GOING TO START OUT WITH THE LANDSCAPE VARIANCE BECAUSE I THINK THAT'S ONE I HAVE A QUESTION ABOUT. SO, MR. SCHMITT.

YES, MA'AM.

DO THEY NEED A VARIANCE FOR WHAT THEY HAVE? I THINK I'M READING THE ORDINANCE AS WRITTEN HERE. I'M QUESTIONING THE INTERPRETATION OF THE SIDEWALK AROUND OR IF THERE NEEDS TO BE LANDSCAPING DIRECTLY ON THE PERIMETER OF THE BUILDING.

SO, THE ORDINANCE, THIS IS THE PROVISION OF THE ORDINANCE DIRECTLY RELATED TO THE COMMERCIAL DISTRICTS.

IT REFERENCES BACK TO THE LANDSCAPING ORDINANCE, WHICH IS WHAT THE ACTUAL VARIANCE IS FOR. THE LANDSCAPING ORDINANCE IS. IS EXPLICIT. THERE IS CERTAINLY A SECONDARY PATH OF COMPLIANCE IF THE ZONING BOARD OF APPEALS IS. CHOOSES NOT TO OR DOES NOT BELIEVE THAT VARIANCE APPLIES HERE.

OKAY.

I THINK THEY'RE PROBABLY JUST COVERING ALL BASES.

YEAH, AND I THINK THAT'S WHAT YOU SAID, MS. SCOTT. YOU JUST KIND OF SAID WE JUST WANT TO MAKE SURE THAT WE'RE COVERED.

THAT'S, THAT'S WHERE WE START TO GET INTO WHAT IS THE MINIMUM ACTION. IS THIS VARIANCE NECESSARY? IS THERE OTHER WAYS THAT WE CAN ACHIEVE THAT? BECAUSE SOMETIMES THERE IS OTHER WAYS WE CAN ACHIEVE IT.

AND IF WE CAN NOT, GRANTING THE VARIANCE IS IN OUR BEST INTEREST AS A BOARD. WE WANT TO GRANT AS FEW VARIANCES AS POSSIBLE, BUT IF IT'S NECESSARY, THEN WE NEED TO FIGURE THAT PART OUT.

BUT OKAY, SO THAT SAID, DO YOU WANT TO ADDRESS THE NECESSITY OF THAT LANDSCAPE VARIANCE? IF YOU HAVE ANYTHING TO ADD TO THAT CONVERSATION? YES. YEAH, I CAN DO THAT.

SO AGAIN, PART OF THE REASON.

LET ME GO TO THIS SITE JUST TO SHOW TO YOU WE DO HAVE SOME ROOMS STILL WHERE WE'RE NOT.

LET ME GO TO IT.

I CAN MANEUVER THIS QUICKER AND EASIER. SO AS YOU CAN SEE, WE ARE STILL NOT RIGHT UP ON OUR 20 FOOT SETBACK ALONG THE RIGHT OF WAY. SO WE COULD MAKE THE FOUR FEET HERE, SHIFT EVERYTHING FOUR FEET TOWARDS THE RIGHT OF WAY, PUT THE FOUR FOOT LANDSCAPE STRIP ALONG THE FRONT AND MEET THE ORDINANCE.

IN THAT PERSPECTIVE, HOWEVER, ONE, WE FEEL IT'S IMPORTANT TO HAVE THE GREEN AREA OUT FRONT. WE FEEL IT'S JUST MORE AESTHETICALLY PLEASING TO HAVE THAT AT ADDITIONAL LANDSCAPING ALONG THE ROADWAY. AND THEN TWO, TO PUT IT BETWEEN THE BUILDING AND THE PEDESTRIANS ALONG THE FRONT OF THE BUILDING. YOU ALSO HAVE YOUR ICE MACHINES, YOUR PROPANE, YOUR TRASH CANS. ALL OF THAT KIND OF WOULD INTERMINGLE WITHIN THAT LANDSCAPING. AND IT JUST MAKES IT MORE OF A CHALLENGE WHEN YOU HAVE THE PEDESTRIANS THAT ARE WALKING FROM. YOU KNOW, YOU CAN'T PUT IT RIGHT IN FRONT OF THE DOORS, OBVIOUSLY, BUT YOU'D HAVE IT ADJACENT IF YOU HAVE SOMEONE HANDED THAT PERSON TRYING TO GET IN. AND YOU HAVE MULCH BECAUSE YOU HAVE TO DO SOMETHING WITH THOSE LANDSCAPE BEDS. SO YOU HAVE THE MULCH THAT GETS ONTO THE WALKWAYS. IT JUST CAUSES MORE ISSUES WITH PEDESTRIANS TRYING TO GET IN AND OUT OF THE BUILDING. I KNOW WE'VE DONE ROCK MULCH ON SITES THINKING, HEY, THAT WOULD SOLVE THE PROBLEM.

AND THEN YOU HAVE THE, THE ROCKS IN THE MIDDLE. AND THEN IT'S A TRIPPING HAZARD.

YOU KNOW, THERE'S JUST DIFFERENT THINGS THAT WE TRY TO AVOID EVERYTHING WE CAN FOR PEDESTRIAN SAFETY REASONS FOR TRIPPING. I KNOW ALONG THE FRONT AS AN EXAMPLE, I DON'T KNOW IF YOU NOTICE IN THE VIDEO, IT'S FLUSH. WE DON'T HAVE A RAISED CURB THERE.

WE HAVE BOLLARDS.

INTENTIONALLY BECAUSE OF, AGAIN, A SAFETY ISSUE. A CAR CAN GO UP OVER A CURB AND HIT A PEDESTRIAN WHERE BOLLARDS, THEY CAN'T GET THROUGH THAT.

SO THERE'S JUST A LOT THAT SEVEN ELEVEN DOES AS A CORPORATION TO TRY

[01:25:03]

OKAY, THANK YOU VERY MUCH.

QUESTION. ALL RIGHT, HOW ABOUT OUR SETBACK? THERE'S HOUSES ON WOODCLIFF DRIVE RIGHT THERE THOUGH.

RIGHT? LIKE, THAT'S MY QUESTION.

THERE'S PRINT. WELL ON THE, ON THE CUL DE SAC.

NO, THERE'S NO HOUSING ALONG HERE. GOT IT. NO, THIS IS THE CLOSEST HOUSE.

SO THAT'S YOUR CLOSEST NEIGHBOR AND THAT'S THE PERSON YOU'VE BEEN IN COMMUNICATION WITH AS FAR AS PUTTING IN THOSE SHRUBS AND MAKING SURE THAT THAT GATE IS. OR FENCE RATHER, IS APPROPRIATE. ALL RIGHT.

AND THAT WOULD BE AN EIGHT FOOT TALL FENCE. JUST TO POINT THAT OUT.

RIGHT.

OKAY. I MEAN, I, I DO, I WILL FUND DEVELOPERS HERE FOR REACHING OUT TO THE RESIDENTS, REACHING OUT TO THE NEIGHBORS, FIGURING OUT A WAY TO MAKE THIS DESIGN WORK BEST FOR THE COMMUNITY. I DO HEAR THE CONCERN ABOUT THE GUEST FUMES, AND I THINK THAT THAT'S VERY VALID. I DO THINK, THOUGH, THAT THERE'S SOME INTERESTING THOUGHTS TO BE SAID AS TO WHETHER 129FT VERSUS 300FT OR 200FT. WHAT ARE WE. HOW MUCH THAT DISTANCE CAN NEGATIVELY OR POSITIVELY IMPACT THE COMMUNITY AROUND IT.

MEMBER TREZISE. CAN YOU TELL, TELL ME WHERE THE TANKS ARE? YEP, THAT'S WHAT I WAS JUST DOING HERE TO SHOW YOU. SO, THE ACTUAL TANK LOCATIONS ARE ABOUT 180FT. SO, HERE'S WHERE OUR TWO STORAGE TANKS ARE LOCATED ON SITE. SO, IT'S 180FT FROM THE STORAGE TANK TO THAT REAR PROPERTY LINE. I WILL NOTE TO YOU, I DON'T KNOW THE STATION HE WAS REFERRING TO, BUT HE DID MENTION HE'S BEEN DRIVING BY IT FOR 20 YEARS. A LOT OF THE OLDER TANKS DIDN'T HAVE THE SAME TECHNOLOGY THAT WE HAVE NOWADAYS, SO. SO IT COULD BE THAT THEY DIDN'T HAVE THE SAME HOOKUPS THAT THE NEWEST TANKS WILL HAVE THAT ARE REQUIRED BY THE STATE. AGAIN, THEY'RE ALL DOUBLE WALL TANKS.

THEY HAVE SENSORS IN THEM.

SO, IF ANY WATER GETS IN BASICALLY BETWEEN THE WALLS, IT SENDS AN ALARM AND THEY GET OUT AND FIX IT. IF ANY GAS GETS OUT, IT'S TRAPPED BETWEEN THE WALLS, SENDS AN ALARM AND THEY GET OUT AND FIX IT. THE NEWER TECHNOLOGY HAS DEFINITELY COME A VERY LONG WAY COMPARED TO SOME OF THE OLDER STATIONS THAT A LOT OF THESE ISSUES ARISE.

APPRECIATE THAT. YES.

I ALSO NOTICED THAT THE PUMPS THEMSELVES ARE IN EXCESS OF 200FT FROM THE NEAREST RESIDENCE.

SO, WHILE WE NEED A VARIANCE TO THE CORNER OF THE BUILDING, I FIND THAT LANGUAGE A LITTLE STRANGE.

UNLESS YOU'VE GOT A SHOP IN THERE WORKING ON CARS SAYING IT NEEDS TO BE 300FT AWAY, YOU DON'T.

SO, FROM MY STANDPOINT OR FROM MY READING OF THIS, THE IMPORTANT ISSUE IS THE GAS ISLAND AND THE STORAGE TANKS AS FAR AS THE 300FT, NOT THE, THE CORNER OF THE 711 BUILDING, BECAUSE THAT'S NOT WHERE THE, IT'S NOT WHERE THE PEDESTRIANS ARE COMING FROM. YEAH, THAT IS INTERESTING TO ME AS WELL.

MEMBER QUESTION FOR YOU.

LOOKING AT THIS, IT LOOKS LIKE THERE'S A GAP IN THE FENCE ON THAT. SO WHAT'S THERE NOW? YEAH, THERE IS NOT A THERE.

THERE IS A SMALL FENCE HERE ALONG THE RIGHT WAY THAT'S EXISTING. IF, IF WE, YOU GUYS WOULD PREFER, WE CAN TAKE THAT ONE OUT WHEN WE'RE DOING EVERYTHING ELSE AND CONNECT. OBVIOUSLY NOT WHERE THE SIDEWALK IS. BUT, YOU KNOW, WE'RE. WE HAVE UTILITIES THAT RUN THROUGH. THAT WAS PART OF THE REASON, I THINK WE DID NOT MOVE THAT FENCE BECAUSE YOU CAN SEE THE SANITARY LINE RUNS TO THE EAST, SO. AND THEN IT ALSO GOES. SO, THERE'S SOME UTILITIES THAT WE'RE COMPETING WITH AS WELL AS EASEMENTS. I KNOW THERE'S PART OF THE REASON FOR KEEPING EVERYTHING SO TUCKED INTO THE BACK HERE IS THERE IS A UTILITY EASEMENT IN THIS LOCATION. SO, WE'RE KEEPING, YOU KNOW, TRYING TO AVOID. EVEN THOUGH THERE'S NO UTILITIES IN THAT AREA, THERE ARE EASEMENTS IN PLACE.

SO, WE'RE TRYING TO DO OUR BEST TO WORK AROUND EVERYTHING THAT'S OUT THERE.

I'M GOING TO STEAL IT BACK AND SHOW YOU WHAT IT LOOKS LIKE REAL QUICK HERE.

AND THAT'S FINE. I APPRECIATE YOU HUMORING ME. THAT WAS MORE OF A SIDE PLANE QUESTION THAN IT WAS A VARIANCE. I JUST WANTED TO KNOW. LOOKING AT THE PICTURES, THIS LOOKED LIKE. I DIDN'T KNOW. MAYBE YOU FORGOT

[01:30:01]

NO, THAT VENUS. BETWEEN THE EASEMENT AND THE EXISTING SUBSTANTIAL AMOUNT OF VEGETATION.

YEAH. SO, I JUST WANT CLARIFICATION. I'M NOT WORRIED ABOUT IT. I DID WANT TO. I DO HEAR WHAT THE PLANNING COMMISSION WAS SAYING ABOUT THE SMELL AS WELL.

FOR COMPARISON, DURING THE LAST GPA CASE I MENTIONED, THERE'S A SHELL GAS STATION.

IF YOU GO WEST OF THERE, THERE'S A SHELL GAS STATION BASICALLY RIGHT ON THE INSIDE THE BOUNDARY OF THE TOWNSHIP UP NORTHEAST LANSING. AND YOU LOOK AT THAT ONE, IT IS CONSIDERABLY CLOSER.

ABSOLUTELY.

TO THE SINGLE-FAMILY RESIDENTIAL HOUSE THAT'S RIGHT NEXT DOOR TO IT AND AT THE BACK END OF IT. YEAH.

I UNDERSTAND WHAT THE COMMISSIONER IS SAYING, BUT TO ME, THERE'S ALWAYS COMPELLING CASES FOR ARGUMENTS AND THAT TO ME IS A GOOD EXAMPLE. BUT I DON'T NECESSARILY PER SE HAVE AS MUCH OF AN ISSUE WITH THE SETBACK ON THIS. IF WE GO INTO THE FIVE CATEGORIES, THE PRACTICAL DIFFICULTIES. I THINK THE APPLICANT DID A GOOD JOB AND SAID YOU WERE TO DO A PRACTICAL DIFFICULTY.

WE'RE NOT PUTTING ANYTHING ON THIS THING RELATED BECAUSE IT WOULD BE IN THE MIDDLE OF THE ROAD. LOT'S NOT EVEN 300FT DEEP. SO I FEEL WE PROBABLY, UNTIL WE GO THROUGH THEM, WE PROBABLY, AS A BOARD CAN MEET MOST, IF NOT ALL THE PRACTICAL DIFFICULTIES. ALL THAT FOR THE SETBACK. I DID HAVE THE SAME QUESTIONS ABOUT THE LANDSCAPING.

WE'RE ON THE SAME PAGE.

YEAH.

I HAVEN'T.

I HAVEN'T REALLY SEEN TOO MANY 7 11S THAT HAVE LANDSCAPING RIGHT UP AGAINST THEM. JUST FOR THAT REASON.

THEY DON'T HAVE PLANTINGS.

USUALLY THEY HAVE A STONE.

STONE BORDER.

YEAH.

WHICH I. WHICH I THINK THAT MS. SOUTH DID MAKE A GOOD CASE FOR IT LIKE THAT. THAT COULD.

AND HAVING A MOTHER IN A WHEELCHAIR, LET ME TELL YOU, IT IS A PAIN IF YOU SEE ANY OF THOSE LITTLE GRAVEL OR THE WOOD CHIPS ARE. IT TOUCHES THE WHEEL AND YOU MIGHT AS WELL JUST STICK RIGHT UP AND PERSONALLY, DIRECTOR SCHMITT HIT ON IT. I WOULD RATHER SEE SOME.

IF THERE'S ANOTHER WAY TO GET AROUND THAT, TO NOT REQUIRE HER TO ASK FOR A VARIANCE FOR THAT, I WOULD RATHER THE APPLICANT DO THAT BECAUSE AGAIN, WE'RE GOING BACK TO. IF WE GRANT THAT VARIANCE, 711 CLOSES. THE NEXT PERSON COMES IN, GUESS WHAT? THEY DON'T HAVE TO HAVE A FOUR-FOOT BUFFER EITHER. SO, I WOULD. I WOULD MUCH RATHER SEE THE LANDSCAPE SOMEWHERE ELSE LIKE IT IS WITHOUT HAVING TO EVEN GRANT A VARIANCE ON THAT JUST FOR THAT REASON.

BECAUSE LIKE I SAID, WE DON'T WANT THIS DUPLICATED AND HAVE SOMEBODY ELSE COME IN THERE AND TAKE ADVANTAGE OF IT THAT THEY DON'T NEED TO.

BUT I DON'T HAVE, PER SE, AN ISSUE WITH THE SETBACK AT ALL. I SEE THE SETBACK AS BEING SOMETHING THAT'S PROBABLY NECESSARY.

I THINK WE'RE ON THE SAME PAGE, RIGHT? I WOULD AGREE. I THINK I CAN. I CAN SEE WHERE DUE DILIGENCE WAS TAKEN HERE TO MAKE SURE THAT THIS WAS IN THE MOST IDEAL. AND KEEPING THOSE STORAGE TANKS AND THE PUMPS AWAY FROM THE RESIDENTIAL AREA AS MUCH AS HUMANLY POSSIBLE. I THINK THAT IT MAKES THE MOST SENSE. AND LIKE MEMBER TREZISE NOTED, WE'RE COMING FROM THE EDGE OF THE BUILDING VERSUS THE EDGES WHERE THE FUEL TANKS AND THE PUMPS ARE. SO THAT SAID, I THINK THAT, YOU KNOW, WE CAN TAKE ON CRITERIA. I DO THINK THE LANDSCAPING ONE, YOU KNOW, I HEAR IT AND I UNDERSTAND IT. I WONDER THOUGH, IF JUST PULLING THAT FOUR FEET CLOSER TO THE RIGHT OF WAY IS NOT THE BETTER OPTION. JUST TO.

THAT WAS MY QUESTION.

YEAH, I JUST, I JUST. SO MAYBE YOU CAN TALK US THROUGH THAT, WHAT THAT MIGHT LOOK LIKE.

JUST SO WE CAN UNDERSTAND.

BECAUSE ONE OF OUR CRITERIA IS THE MINIMUM ACTION. SO THAT'S SOMETHING THAT, YOU KNOW, I WOULD, I WOULD.

YEAH. YEAH, WE COULD DEFINITELY TAKE A LOOK AT THAT.

AS YOU CAN SEE, WE DO HAVE THE ERROR MACHINE HERE TOO AS WELL.

I DON'T KNOW. SOMETIMES THAT CAN'T BE A MILLIONS CAPE SETBACK. SOMETIMES IT CAN.

IT'S JUST CODE SPECIFIC. SO I'M NOT POSITIVE ON THAT ONE. SO, IF WE DID SHIFT IT, THAT WOULD SHIFT INTO THAT SETBACK AREA. ONE THING TO NOTE. LET ME SEE IF I HAVE. GO BACK HERE.

SORRY.

MAKE SURE I GET THE RIGHT EXHIBIT. ONE THING TO NOTE IS THIS OUTBOUND MOVEMENT MIGHT MAKE IT A LITTLE MORE DIFFICULT BECAUSE AS YOU CAN SEE, CAN'T ZOOM IN ON THAT ONE AS WELL. HOLD ON, LET ME GO DOWN HERE.

THERE WE GO.

I WANT TO GET. I WAS TRYING TO GET TO THE TRUCKING MOVEMENT, AS YOU CAN SEE HERE.

FOR THIS TRUCK MOVEMENT, TO MAKE THIS MOVEMENT OUT AND STAY INTO THE OUTBOUND, WE DEFINITELY DO NEED THAT AREA.

IT IS PRETTY MUCH GOING RIGHT UP TO THE INSIDE EDGE OF THAT CANOPY. IT CAN GO UNDER THE CANOPY. THAT'S NOT A PROBLEM.

BUT OBVIOUSLY YOU DON'T WANT TO HIT ANY OF THE ITEMS UNDER THERE. SO BY SHIFTING EVERYTHING TO THE NORTH, IT WOULD MAKE THIS TRUCK MOVEMENT MORE CHALLENGING. MDOT DID NOT WANT US TO GO OVER THE MEDIAN AT ALL. SO IT'S NOT GOING TO BE MOUNTABLE, WHICH IS THE REASON WE DID IT ON THE INSIDE. THAT WAS OUR COORDINATION BACK AND FORTH WITH MDOT. IT'S GOING TO BE LIKE A STAMPED CONCRETE.

[01:35:01]

OKAY.

SO, IT WOULD MAKE THAT MOVEMENT MORE CHALLENGING FOR THE SITE TO HAVE TO SHIFT TOWARDS THE RIGHT OF IT.

THERE'S AN ARGUMENT FOR.

OKAY, FAIR ENOUGH.

THANK YOU FOR MAKING THAT.

YEAH, A WRITE IN AND A WRITE OUT.

RIGHT, RIGHT.

I KNOW.

AGAIN, THAT'S A SITE PLAN ISSUE, NOT VARIANCE, BUT. NO, I'M MINE FOR MYSELF. MUCH APPRECIATED BECAUSE. YEAH, ANOTHER CURB CUT.

THERE IS.

YEAH.

YEAH.

WELL, TAKING AWAY TWO, MAKING ONE RIGHT IN, RIGHT OUT, SO.

AND YOU HAVE IT DIRECTLY TO THE LIGHT, WHICH IS GREAT.

YEAH, YEAH, THAT'S HELPFUL.

DIRECTOR SCHMITT, I HAVE A. I HAVE A QUICK HISTORICAL QUESTION FOR YOU.

YES, MA'AM.

DOES THE AWNING VARIANCE STAY WITH THE PROPERTY? WE HAD THE CLEARING CASE QUITE A FEW YEARS AGO. THAT BECAME A VERY HOTLY CONTESTED ITEM. THERE WAS, LIKE. THERE WAS A LOT OF DRAMA.

THE PODIUM CHAIR.

YEAH.

OH, YEAH.

OKAY, SO THAT VARIANCE, I MEAN, IN THEORY, ALL VARIANCES RUN INTO LAND, BUT THE SITUATION IN THAT CASE IS FOR THAT BUILDING AND THAT DESIGN.

OKAY.

SO ONCE THAT BUILDING DEMOED, IT WOULD NOT BE APPLICABLE TO THIS SITE FOR APPROVAL.

OKAY, GOOD. YES, GREAT. I REMEMBER THAT FILE NOW.

YES. OKAY, I APPRECIATE THAT.

THAT WAS VERY. THAT I DID NOT.

I WAS NOT HAPPY THAT THAT ONE WAS APPROVED, SO. ALL RIGHT, WELL, ON THAT. NO, NO. COURT CO-CHAIR FOR 7 11, UNFORTUNATELY. NOT THAT YOU NEED IT. NOT THAT THEY NEEDED IT EITHER, BUT THAT'S OKAY.

ALL RIGHT, WELL, I THINK WE CAN GO AHEAD AND TAKE A LOOK AT CRITERIA, BUT I THINK I WOULD LIKE TO KEEP THE TWO VARIANCES SEPARATE WHEN WE DO, IF THAT SOUNDS GOOD TO EVERYBODY. ALL RIGHT, SO LET'S TAKE A LOOK THEN, AT CRITERIA NUMBER ONE. AND WE'RE GOING TO BE TALKING ABOUT THE. LET'S TALK ABOUT THE SETBACK FIRST. SO, CRITERIA NUMBER ONE IS IN RELATIONSHIP TO THE SETBACK VARIANCE.

UNIQUE CIRCUMSTANCES EXIST THAT ARE PECULIAR TO THE LAND OR STRUCTURE THAT ARE NOT APPLICABLE TO OTHER LAND OR STRUCTURES IN THE SAME ZONING DISTRICT.

AND THESE UNIQUE CIRCUMSTANCES ARE NOT SELF-CREATED. AND I AGAIN I WILL TELL IT IS A UNIQUE LOT.

BUT I DO THINK THAT IN THIS CASE WITH THE RESIDENTIAL AREA BEING SO CLOSE TO THE BACK OF THIS LOT AND ONLY SAVED BY WORK WITH DRIVING C2, THIS IS REALLY. VERY INTERESTING SITUATION, WE FIND OURSELVES IN HERE. I DO THINK ALSO THAT THE MENTION OF THE CORNER OF THE BUILDING BEING PART OF THIS SETBACK AS OPPOSED TO WHERE THE PUMPS ARE OR WHERE THE FUEL TANKS ARE, IS ANOTHER KIND OF UNIQUE CIRCUMSTANCE.

IN THIS CASE WITH WHAT IS BEING SUPPOSED TO BE BUILT ON THE SLOT SO THEY CAN MEET UNIQUE.

I DON'T HAVE A PROBLEM WITH UNIQUE. ALSO POINT OUT THAT THE PLANNING COMMISSION HAS ALREADY GIVEN THEM THE SPECIAL USE PERMIT TO BUILD A STATION HERE.

RIGHT.

THE LOT ITSELF DOES NOT PERMIT THE BUILDING OF A GAS STATION THERE. SO IN ORDER TO CARRY OUT THE WISHES OF THE PLANNING COMMISSION WE WOULD HAVE TO GRANT THE VARIANCE RIGHT ON THE SETBACK.

WELL, PRACTICAL DIFFICULTIES THEN. RIGHT. THEN WE GO DIRECTLY JUST TO. SO, IT SOUNDS LIKE WE CAN MEET CRITERIA ONE.

SO, THEN CRITERIA TWO BEING STRICT INTERPRETATION AND ENFORCEMENT OF LITERAL TERMS AND PROVISIONS OF THIS CHAPTER WOULD RESULT IN PRACTICAL DIFFICULTIES THAT WOULD PREVENT THE OWNER FROM USING THE PROPERTY FOR A PERMITTED PURPOSE. AND IF WE'VE ALREADY BEEN GRANTED THIS THROUGH PLANNING THE SPECIAL USE PERMITS, WOULD THEY BE ALLOWED TO HAVE A FILLINGS STATION IF IT WAS FOR THE.

TO MEET THE 300-FOOT SETBACK? THERE'S, THERE'S NOT ANY CHANCE ON THIS PROPERTY THAT THEY WOULD MEET THAT. SO, THEY.

SO, THERE IS A ACTUAL PRACTICAL DIFFICULTY THERE WITH, WITH PREVENTING THE OWNER FROM USING THE PROPERTY FOR THE PERMITTED PURPOSE.

SO, I CAN, I CAN MEET THAT MORE EASILY THAN MOST PRACTICAL DIFFICULTY IS.

YES.

AND AS WELL AS THE REQUIREMENT BEING 300FT, BUT

[01:40:01]

UTAH. ENTIRE LOT DEPTH IS NOT EVEN 300FT.

THE ENTIRE LOT DEPTH IS NOT THE MINIMUM OF THE BUILDING WOULD HAVE TO BE IN THE MIDDLE OF THE ROAD RIGHT AWAY.

YES.

OBVIOUSLY NOT FEASIBLE.

YEAH.

MDOT WOULDN'T SIGN OFF ON THAT. I GUARANTEE YOU.

THEY DO INTERESTING THINGS ROUNDABOUT.

YEAH.

RIGHT, RIGHT.

BUILDING IN THE MIDDLE OF ROUNDABOUT.

NERVOUS PLAZA AT A ROUNDABOUT, YOU KNOW.

RIGHT.

WELL, THOUGHTS, CONCERNS AND PRACTICAL DIFFICULTIES AT THIS ONE. ALL RIGHT. IT SOUNDS LIKE WE CAN MEET CRITERIA TWO, WHICH IS RARE AND WONDERFUL AND LOVELY FOR GROUPS. CRITERIA NUMBER THREE SAYS GRANTING THE VARIANCE IS THE MINIMUM ACTION NECESSARY WHICH WOULD CARRY OUT THE SPIRIT OF THE ZONING ORDINANCE, SECURE PUBLIC SAFETY AND PROVIDE SUBSTANTIAL JUSTICE. I THINK WE CAN MEET THAT AGAIN WITHOUT MOVING THE BUILDING INTO THE CENTER OF GRAND RIVER THERE DON'T THINK THAT THERE'S ANY OTHER WAY THAT WE CAN MINIMIZE THIS SETBACK. I THINK THEY'VE GONE TO GREAT LENGTHS TO KEEP THE PUMPS AND THE TANKS AWAY FROM THAT RESIDENTIAL AREA. IT ALSO SOUNDS LIKE THEY'VE DONE GREAT THINGS WITH TECHNOLOGY AND THINGS LIKE THAT TO MAKE IT MORE SAFE FOR THE RESIDENTIAL AREAS SURROUNDING. SO, IT FEELS LIKE IT'S WITHIN THE SPIRIT OF THE ORDINANCE AND SECURING PUBLIC SAFETY AND PROVIDING JUSTICE FOR THE DEVELOPERS HERE THAT ARE TRYING TO USE THIS UNIQUE AND INTERESTING SHAPED LOT. SO, I THINK I CAN EASILY MEET CRITERIA NUMBER THREE AS WELL. THOUGHTS? CONCERNS THREE.

I AGREE.

I WOULD AGREE. AND JUST SAY THAT IF IN ORDER. I MEAN IF YOU WERE TO REQUIRE A SMALLER VARIANCE, IT WOULD REQUIRE PUSHING THAT BUILDING EVEN FARTHER TOWARD THE STREET.

TOWARDS THE STREET.

THE GAS PUMPS POTENTIALLY FARTHER TOWARDS THE STREET.

NOW THE TRUCK CAN'T EVEN GET INTO THERE, AS YOU SAW. SO, IT JUST CREATES A WHOLE DIFFERENT SET OF PROBLEMS. AND YOU'RE STILL NOT GOING TO MEET.

YOU'RE NOT GOING TO SATISFY THE 300FT.

THAT IS CORRECT. YOU'RE NEVER GOING TO SATISFY THE.

THIS LOOKS LIKE A DESIGN WHICH WILL GO THROUGH DESIGN APPROVAL WITH PLANNING THAT TO THE EXTENT POSSIBLE, HAS MINIMIZED THE NEED FOR THE VARIANCE IN MY MIND.

YEP. AS MUCH AS POSSIBLE.

YEP. ALL RIGHT. CRITERIA NUMBER FOUR, GRANTING THE VARIANCE WILL NOT ADVERSELY AFFECT ADJACENT LAND OR THE CENTRAL CHARACTER AND VICINITY OF THE PROPERTY. I DO THINK THAT THE CONCERNS FROM THE PLANNING COMMISSIONER WERE VALID AS FAR AS THE FUMES AND THE IMPACT ON THE NEIGHBORING RESIDENTIAL AREAS. I DO THINK THAT NISCOS HAS ALSO GIVEN US PRETTY COMPELLING REASONS AS TO, YOU KNOW, THIS NEWER TECHNOLOGY. I THINK IT'S A CONCERN. RIGHT.

WE ARE NOW HAVING. THIS IS THE THIRD GAS STATION WE'RE HAVING IN MERIDIAN TOWNSHIP AND IN TWO MONTHS, IN A TWO-MONTH SPAN. SO, THERE IS, I THINK, AND PERHAPS BECAUSE IT'S THIS BUILD BOOM RIGHT NOW FOR THESE GAS STATIONS, IT FEELS LIKE. HUH. SHOULD WE BE TALKING ABOUT THIS? LET'S THINK ABOUT IT FOR A SECOND.

HOWEVER, I TRULY THINK THERE'S NO OTHER WAY TO USE THIS LOT THAT'S ALREADY BEEN AGREED TO BY PLANNING IN ANY OTHER WAY TO PUT A FUELING STATION THERE. I DON'T KNOW HOW ELSE THEY WOULD.

IT COULD POSSIBLY BE CONFIGURED. GO AHEAD, LICAYNE.

I WOULD BE MORE WORRIED ABOUT THE UNDERGROUND STORAGE TANKS THAN I AM THE FUMES BEING SPREAD AROUND AND WORRIED IF 50 YEARS FROM NOW, ARE WE GOING TO HAVE LUSTS ON THAT SITE LEAKING UNDERGROUND STORAGE TANKS? EVERY GAS STATION HAS THAT ISSUE DOWN THE ROAD. BUT EVEN GAS TANKS UNDERGROUND WILL COME A LONG WAY. A LOT OF MERCURY, PVC OR WHATEVER THEY ARE NOW, THEY USED TO BE METAL THAT WOULD CRACK AND RUST. TO ME, THAT PRESENCE OF THOSE UNDERGROUND STORAGE TANKS WAS MORE OF AN ENVIRONMENTAL CONCERN THAN IT IS DESCENT OF THE GAS, THE FUMES. BECAUSE YOU'RE GOING TO HAVE FUMES AT EVERY GAS STATION LIKE THE GENTLEMAN HAD MENTIONED, AND TO VARYING DEGREES, I DON'T KNOW HOW WE WOULD, FOR LACK OF A BETTER TERM, PENALIZE THIS GAS STATION GOING TO AGAIN BASED ON THE PRESENCE OF POTENTIAL FUMES VERSUS OTHER ONES THAT ARE ALREADY HERE OR ANOTHER ONE THAT'S COMING IN RIGHT DOWN THE ROAD, TWO MILES DOWN THE ROAD.

AND MANY OF THE NEWER GAS STATIONS HAVE PUMP HEADS THAT SEAL TO AVOID FUMES FOR THAT VERY REASON. SO, I DON'T SEE THAT IT'S A CONCERN.

BUT YOU'RE RIGHT.

FROM A POLLUTION STANDPOINT, THE UNDERGROUND TANKS ARE MUCH MORE.

YEAH, BECAUSE YOU DON'T SEE YOUR LINE RIGHT THERE. I MEAN, NOT TO SAY THAT THAT'S GOING TO HAPPEN, BUT HISTORICALLY A LOT OF GAS CHANGES HAVE LEAKED BECAUSE OF THE PUMPS AND YADA, YADA, YADA. SO, I WAS BEING WORRIED ABOUT THAT.

YEAH, RIGHT. WELL, I DO THINK THAT IN GENERAL THAT THERE'S NOT AN ADVERSE EFFECT ON THE UPSIDE OF THIS

[01:45:04]

BUT AGAIN, I DON'T KNOW THAT THAT'S SOMETHING THAT WE CAN TAKE INTO CONSIDERATION WHERE AS FAR AS ADVERSELY AFFECTING THE ADJACENT LAND OR CARES FOR THE VICINITY. I DO THINK THAT IT SOUNDS LIKE THEY'VE WORKED REALLY WELL WITH NEIGHBORS TO ASSURE THAT THEY'RE RESPECTING THOSE PROPERTY LINES, PUTTING THE FENCING, PUTTING THE SHRUBBERY STAYING IN AND PUTTING THAT KIND OF WALKWAY IN THERE SO THAT THE NEIGHBORHOOD CAN COME THROUGH.

AND THAT, YOU KNOW, ADDS VALUE TO THAT NEIGHBORHOOD TOO.

TO BE ABLE TO WALK TO A STORE, I MEAN THAT'S, THAT'S HUGE. NOT A LOT OF WALKABLE STORES IN TOWNSHIP. I CAN'T, I CAN'T WALK TO A STORE. SO, I MEAN I COULD, BUT NOT JUST.

YOU DIDN'T DRIVE TO THE STORE.

LIKE I CAN'T GET ANYWHERE RIGHT NOW. ROAD I CAN'T GO. I, I CAN'T EVEN LEAVE MY HOUSE HELP.

BUT THAT BEING SAID, I, I CAN MEET THIS CRITERIA.

I AGREE.

ALL RIGHT. GRANTING OR CRITER CRITERIA NUMBER FIVE IS GRANTING THE VARIANCE WILL BE GENERALLY CONSISTENT WITH THE PUBLIC INTEREST AND PURPOSES AND INTENT OF THE CHAPTER. AND I THINK THAT THEY CAN MEET THAT CRITERIA AS WELL. WE NEED GAS STATIONS.

WE HAVE A LOT OF CARS UP HERE AT THE WORD TOWNSHIP. A LOT OF GAS STATIONS FLY HITS OBVIOUS THAT THE HOTEL THAT IS THERE IS GOING OUT OF BUSINESS, IF IT HASN'T ALREADY. AND SO, WE DON'T NEED ANOTHER LARGE EMPTY BUILDING ON OUR MAIN THOROUGHFARE TO WORRY ABOUT AND BE A FIRE HAZARD AND EVERYTHING ELSE, BECAUSE AN EMPTY BUILDING TENDS TO BURN FASTER.

WELL, AND I DO THINK THAT THERE IS SOMETHING TO BE SAID. I KNOW THAT THERE'S A SHELL RIGHT THERE, BUT THAT, YOU KNOW, THAT IS ONE OF THE BIGGEST KIND OF CONCERNS OR THINGS THAT PEOPLE HAVE TALKED ABOUT IS THAT ON THAT ROUTE FROM THAT CORNER WHERE MEIJER IS AT GRAND RIVER MARSH, THERE'S NO GAS STATION IN THAT THOROUGHFARE. SO THAT'S UNTIL YOU GET TO THAT SHELL.

SO THIS WILL BE ANOTHER OPTION.

GIVE PEOPLE MORE OTHER, YOU KNOW, KIND OF AVAILABILITY AND, YOU KNOW, THAT'S THE PERMITTED USE.

THAT'S A PERMITTED USE. IT IS THE PERMITTED USE. AND I THINK IT WILL BE WITHIN THE PUBLIC INTEREST.

SO, I CAN MEET CRITERIA NUMBER FIVE. QUESTIONS, THOUGHTS, CONCERNS OR MOTION? LET ME GET BACK TO IT.

I MOVE THAT THE DBA GRANT, THE GRANTS REQUESTED FOR 26-102736 GRAND RIVER AVENUE AS FAR AS THE SETBACK REQUIREMENTS OF SECTION 86-404 FOR N. E CLOSE PAREN FOR N13. CLOSE PAREN FOR N.B. CLOSE PAREN FOR N2.

OKAY, I WILL. QUESTIONS? CONCERNS.

REQUEST ONE QUESTION I HAVE FOR MR. SCHMITT IS THIS VARIANCE IS LINKED TO THIS APPLICATION AND THE SITE PLAN THAT'S GIVEN TO US. IS THAT CORRECT? IN THE. YEAH.

YES.

I MEAN, WE WOULD EXPECT THAT THE PROPERTY BUILT IN SUBSTANTIALLY THE SAME MANNER THAT YOU SEE, IF FOR SOME REASON, LIKE THEY DON'T GET CROSS ACCESS WITH THE WHOLE FOODS PROPERTY OWNER AND IT REQUIRES SUBSTANTIAL OVERHAUL, THEN WE WOULD REEVALUATE THAT BASED ON THE VARIANCE THAT WAS GRANTED AND WHETHER OR NOT IT STILL APPLIES.

OKAY, GREAT. ALL RIGHT. THIS IS A VOTE TO APPROVE THE SETBACK VARIANCE AS SET FORTH BY MEMBER TREZISE. MEMBER BENOIT? YES.

MEMBER KOENIG.

YES.

MEMBER TREZISE.

YES.

AND CHAIR MANSOUR? BOTH.

YES.

SO, THAT VERY SENT ON FIRST GREETINGS. JUST REALLY DOING SOMETHING. ALL RIGHT, CAN I ASK QUESTION REAL QUICK? SURE, GO FOR IT. OKAY, SO I JUST LOOKED AT THE CODE REAL QUICK WHILE WE WERE. YOU GUYS WERE GOING BACK AND FORTH.

JUST WANTED TO MAKE SURE I WAS THINKING CORRECTLY. SO, I KNOW THE PERIMETER LANDSCAPING WAS FOR 86-728 OR 7582. AND THEN THIS SPECIFIC ONE SAYS THAT THAT SECTION, THIS SECTION HERE REPLACES THAT ONE IN THIS ZONING DISTRICT. SO, I JUST WANTED TO. TO SEE, IF THAT ELIMINATES THE NEED FOR THE VARIANCE, AND IT WOULD JUST BE LIKE AN ADMINISTRATIVE APPROVAL, IF THAT MAKES SENSE.

[01:50:02]

IT ABSOLUTELY MAKES SENSE.

CERTAINLY, THAT IS.

IT PUSHES THE APPROVAL ONTO THE DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT.

OKAY.

AND THEY WILL HAVE TO MEET THE STANDARDS OF THE DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT.

OKAY.

UNDER THIS PROVISION, IF A VARIANCE IS NOT GRANTED FOR 750 A2.

OKAY.

BUT YOU HAVE THAT AUTHORITY TO GRANT IT UNDER THE.

I DO HAVE THE ABILITY.

OKAY.

OKAY.

NOT THE REQUIREMENT.

YES.

BUT THE ABILITY.

THE ABILITY TO. OKAY.

SO, WE'RE, IN EFFECT GIVING YOU THE DISCRETION TO REVIEW WHAT'S PLANNED.

YOU WOULD.

IF WE DECIDE TO NOT GRANT VARIANT.

CORRECT.

OKAY. ALL RIGHT. THANK YOU FOR FINDING THAT. PART OF IT, TO ME, FEELS LIKE AS WE SHIFT BACK TO THE LANDSCAPING VARIANCE, IS THAT. IS IT. I MEAN, I THINK WHAT MS. SOUTH HAS PRESENTED MAKES SENSE. I DO REALLY UNDERSTAND THE DESIRE NOT TO HAVE THAT LANDSCAPING DIRECTLY IN FRONT OF THE BUILDING. WHERE THERE ARE THINGS IN THE FRONT OF THE BUILDING, THERE'S PEOPLE COMING IN AND OUT. THE NECESSITY OF HAVING THAT PRESENTS ITS OWN PRACTICAL DIFFICULTIES AS FAR AS FUNCTION, YOU KNOW, SAFETY, ALL KINDS OF MANNER OF THINGS. SO, I CAN MAKE A CASE FOR.

BUT I'D RATHER NOT MAKE A CASE FOR IT, IF THAT MAKES SENSE.

I'D RATHER NOT HAVE TO GRANT THE SECOND PERIOD WHEN WE ALREADY KNOW THAT THERE MAY BE SOME OTHER WAYS TO ACHIEVE WHAT YOU NEED. DOES THAT MAKE SENSE? YES. OKAY.

SO, WITH THAT SAID, MEMBER TREZISE TO THE.

WITH THE UNDERSTANDING OF THE DISCUSSION WITH DIRECTOR SCHMITT, I MOVE THAT WE REJECT THE ZONING BOARD.

REJECT VARIANCE 26-10-2736 GRAND RIVER AVE. REGARDING THE PERIMETER LANDSCAPING UNDER SECTION 867D, 758, WHATEVER THE NUMBERS ARE, SINCE THAT'S NOT THE RIGHT NUMBER, I THINK IT'S 758 2.

BUT IT'S.

YEAH.

OH, IT'S 13.

YES, IT IS.

IT IS.

THAT'S THE CURRENT 152. ALL RIGHT. SUPPORT FOR MEMBER TREZISE TO ACTIVE MOTION.

ANYONE? SUPPORT.

ALL RIGHT. SUPPORT MY MEMBER BENOIT. QUESTIONS? CONCERNS? COMMENTS? WE DISCUSSED THAT.

AS YOU CAN SEE, THE ORDINANCE HERE THAT'S PULLED UP THAT DIRECTOR SCHMITT DOES HAVE THE ABILITY TO APPROVE THE LANDSCAPING AS SHOWN ON THE SITE PLAN WITHOUT NEEDING. IF WE WERE TO DESIGN THAT HE HAS THE ABILITY TO APPROVE SEPARATE FROM THIS GOVERNING BODY.

OKAY.

I THINK THAT ANSWERED MY PREVIOUS QUESTION. YES.

YEP. OKAY. QUESTIONS, THOUGHTS AND CONCERNS. OKAY. MS. SCOTT, DO YOU HAVE ANY QUESTIONS? NO, I'M OKAY ON THAT ONE.

THANK YOU.

ALL RIGHT, THEN THIS IS A VOTE TO DENY, BASED ON. WHICH WAS NICE, IS VERY DETAILED AND WONDERFUL. I'M NOT GOING THROUGH THE NUMBERS AGAIN.

THIS IS A VOTE TO DENY THAT IS A VARIANCE FOR THE LANDSCAPING PROVISION.

MEMBER BENOIT.

YES.

MEMBER KOENIG? YES.

MEMBER TREZISE.

YES.

AND THE CHAIR VOTES YES. SO THAT SECONDARY LANDSCAPE VARIANCE HAS BEEN DENIED.

BUT YOU AND DIRECTOR SCHMITT WILL HAVE SOME LOVELY CONVERSATIONS, I HAVE NO DOUBT. ALL RIGHT, WELL, ON THAT NOTE, WE APPRECIATE YOU BEING HERE TONIGHT AND BEING SO PATIENT AS I GOT THROUGH THAT FIRST CASE, AND GOOD LUCK WITH THE BILL.

THANK YOU. HAVE A WONDERFUL EVENING.

THANK YOU, TOO. ALL RIGHT, ON THAT NOTE, LET'S SEE WHAT WE GOT LEFT. I DON'T THINK THERE IS ANYTHING LEFT. ALL RIGHT.

NO ADDITIONAL BUSINESS. SO I WILL OPEN THE FLOOR FOR PUBLIC REMARKS. ANYBODY THAT WOULD LIKE TO COME UP TO SPEAK ON THIS ACCOUNT ON THIS MEETING. I DON'T KNOW ANYMORE. I. I MISS SUMMER

[9. BOARD MEMBER COMMENTS]

OPENING BOARD MEMBER COMMENTS.

GREAT JOB.

COMMENTS.

YEAH.

GIVEN THIS IS OUR THIRD GAS STATION, YOU KNOW, REQUESTED

[01:55:02]

LIKE TO SAY I DON'T FEEL GOOD ABOUT APPROVING A BUNCH OF, YOU KNOW, GAS STATIONS IN THE AREA. AND I HOPE THAT AS A COMMUNITY, WE CAN GO FORWARD AND, YOU KNOW, CREATE OTHER OPTIONS FOR PEOPLE TO NOT REQUIRE THEIR CARS TO, YOU KNOW, NEED ALL THESE GAS STATIONS, WHETHER THAT BE WALKING, BIKING, YOU KNOW, MAKING A CAR DOWN THE LINE, A PUBLIC TRANSIT OF SOME SORT, BUSING, STUFF LIKE THAT. AND REALLY, I THINK THAT'S THE ONLY SOLUTION TO PREVENT MORE OF THESE VARIANCES COME FORWARD.

I THINK THAT'S REALLY, REALLY GREAT POINT. AND LIKE I SAID, I DO THINK. I WISH THAT I COULD WALK TO THE STORE. YOU KNOW, THAT WOULD BE FANTASTIC. I WOULD LOVE TO BE ABLE. YOU KNOW, I THINK THAT WOULD BE. THERE'S A LOT OF FREEDOM TO THAT, AND THERE'S A LOT OF, YOU KNOW, IT'S NICE TO HAVE THOSE OPTIONS. IT REALLY IS.

AND I THINK THE BIKE PATHS IN THE AREA HAVE BEEN GREAT, AND THEY'VE STARTED TO CONNECT THINGS MORE, BUT WE NEED MORE CONNECTIONS.

MORE CONNECTIONS TO PLACES THAT PEOPLE WANT TO GO THAT FEELS SAFE, AND THAT TAKES TIME AND EFFORT FROM A WIDE VARIETY OF PEOPLE THAT ARE ABOVE OUR BOARD.

YEAH, I AGREE. I THINK THAT'S A REALLY GOOD POINT BEING. THANK YOU FOR MAKING THAT GAS PRICE TO GO COME DOWN. I DON'T THINK WE'LL BE SCARED ANY MORE OF OUR ANSWERS FOR GAS.

I. I THINK WE'RE.

GAS NEEDS TO KNOW. I THINK WE'RE GOOD. I THINK WE GOT OPTIONS.

MAYBE SOME MORE CAR WASHES.

HEY, WE CLOSED ONE. WE OPENED ONE. THAT'S IT I DO HAVE TO SAY I KNOW WE'RE STILL BEING RECORDED BUT OFF THE RECORD I DO HAVE TO SAY THAT I AM DISAPPOINTED THAT OF ALL THINGS A BANK IS COMING ON THAT CORNER WITH THE OLD CHICAGO I WAS STILL HOPING FOR ANOTHER RESTAURANT LIKE A TEXAS ROADHOUSE OR SOMETHING I WAS AS SOON AS I HEARD THAT TONIGHT I WAS LIKE I SO MY INSIDE WENT YOU'VE GOT TO BE KIDDING ME. WE ALREADY TORE DOWN THE OUTBACK FOR A CAR WASH I MEAN YES, WE'RE GETTING THE YOU KNOW THE PANDA EXPRESS I GET THAT BUT A SICK TOWN RESTAURANT YES TO THE PLANNING COMMISSIONER THE SICK TOWN RESTAURANT WOULD BE LOVELY YEAH THAT'S SUCH A PRIME THING CORNER IT'S A CREEK CORNER IT DOESN'T MAKE RIGHT ACROSS THE STREET.

THAT'S WHY YOU GOT EMPTY SOCKS IN YOUR DRAWERS GREAT TAKE CARE OF YOU'RE A LITTLE STINKY BUT ALL RIGHT ON THAT NOTE BOARD MEMBER COMMENTS IS CLOSED AND WE ARE OFFICIALLY THANK YOU GENTLEMEN.

SHOULD HAVE CLOSED THEM EARLIER I KNOW.

* This transcript was compiled from uncorrected Closed Captioning.