of the city of holland we had to respond to education is for the zoning variances this board must try to interpret each application as it relates to city ordinances this part is not empowered to rezone or take any action that could be considered rezoning variances must meet for crucial test in order to be granted those of you who are here for a variance have already answered questions about the tests on your application will be asking you about those answers again tonight this is the procedure we file we ask that you come to the microphone to speak and state your name and address when you hear the applicant first and anyone supporting the application then anyone in opposition to it typically we hold the public hearing an application and then deliberate and decide on the application before moving on to the next application you are welcome to stay for the deliberations but there is no opportunity for further public comment if you elect not to stay for a deliberation and decision you can call the city clerk's office after eight thirty tomorrow morning to learn me to put down i called this city hall and they be in the city yes because i don't know that they had to tell me i can tell you the corrected parcel number zero seven seven rather than zero seven nine thank you i'm sorry if you know i didn't know the parcel number they had to give me that information but you have any questions for the board  we don't own the building where in we're hoping we're attempting to purchase the building we're in and we're wondering if we can sell off valve only so that's what our question really was is  be separated from ten thirteen south washington i think there are ten twenty nine or ten twenty and twenty seventy seven and that's what we wanted to know so so you're looking to purchase v ok so we're wondering if that can happen and i guess when they look back at the records when i went to city hall it was the dipstick at one time and dan type i think it's tightly your that it's that's exactly what it's like condominium as it is it would be conduit which would be essentially keeping it as one parcel but having separate units within that parcel which may give you an opportunity to be able to do that to achieve what it is that you're looking for without having to actually split it into two separate parcels so he so he would own it yes so it would stay as the strip mall and he would but you could you to create the variance  the other questions from the board because if we can answer yes to all of these then we can grant a variance is what he's alluding to ok it given the magnitude of the question let me let me read it again so what is the need for this requested variance due to unique circumstance or physical condition of the property involved such as narrowness shallowness shape water or to pocket topography and does not do to the applicant's personal or economic difficulty by davis fact i don't believe that there is any unique circumstances or conditions of the property such as narrowness shalyn to shape water topography  that would necessitate this variance also i don't believe that strict compliance would make conformity with regulations unnecessarily burdensome and also i don't believe that the  variance is the minimum relief necessary to do substantial justice to the property owners this current owner and other property owners in the district and i believe there are other options that they have for this property thank you cindy  could you please read the next step tracy prince potential on a property located at two ninety east eighteenth street is requesting a variance to use this property as a child care facility permitted uses in this t t r n zone district do not include day care class to receive the letter in opposition their board of appeals please keep our quiet residential neighborhood as it is we already have a child care center in the neighborhood we do not need another one the city does not allow group daycare homes to open right next to each other why should they allow two centers next to each other for the fat past fifty years cherry lane nursery school has been in our neighborhood every day at nine eleven thirty twelve thirty three o'clock approximately twenty cars drive down our neighborhood street drop off and pick up the children who attend cherry lane that is correct the cars drive past the houses a total of four times for each child to see prince wants to run a child care center let's assume about forty children would it assist attend that is another forty on top of the twentieth cherry lane cars is it being down a residential street four times each way i also i have also heard that she intends on providing after school care for black river students who would walk from black river to her proposed center now we have added walking children along busy lincoln avenue and into our residential area where they would have to be picked up more cars bigger kids more noise places a child care center open year round in our residential area would triple the amount of traffic add noise and cause additional can drive congestion on our streets childcare centers are commercial business designed for making  money for the owner tracy prince currently has a location for her center last year her center was cited with a major violation for not complying with act number one sixteen a public acts one seventy three she's not facing hardship to need to use variance she needs to find an appropriately is own building not in a residential area the residential neighborhood is exactly that a residential neighborhood let's keep it that way sincerely  thank you very much mr chairman i would request to be recused from this application to the fact i have a conflict of interest certainly do we need to make a motion of that yes but i'd like to have a motion to recuse mr box from this thank you this property has become available because the reformed church had a church at that site and the church has closed it has been a difficult site to have a church because it is a location that's off of main streets and so we're looking for the opportunity to  release this property and believe that this is a very good option that provides for continued ministry in our community to families so we certainly want to encourage that and i would like to present the proposed buyer who is tracy price who was discussed in the previous letter me program for eighteen years now in the community i propose montessori school if i could tell you a little bit about it will primarily be a preschool we'll be asking the state for a license for twenty four children's ages two and a half to six in order to provide a complete educational experience for all the children in the families will be servicing also asked the license to allow for a small class of less than twelve children under three years of age and have the license include children up to twelve we plan to provide a space in the sanctuary for elementary children to do homework and to receive tutoring before and after school with recent research showing how crucial brain development is in the early years parents are no longer looking for just a baby sitter as children in our program have a set daily schedule in a tank class starting at fifteen months i feel that our school will deliver the educational experience parents are looking for based on my eighteen years of experience and the calls i receive all the time from parents i know there's a need for this type of school in our community as i now understand the permitted uses and zoning better i feel we will be using the building under and i understand that in the letter she say it was a residential neighborhood but if you look at the diagram there are industrial buildings at the end of nineteenth street and the road opens up there's a very large area down there that's not residential at all from preschool down is all industrial and open nineteen in terms of accessing it would it be accessed then from one thousand eight hundred street the parking lot runs through balls so they could come down one drive through the parking lot an accent on the other so it be  i guess i do have a question is it correct then that there will be black were students by maybe walking from school  could be foot traffic and in the winter we'll provide transportation we'll have a mini van and go pick them up and bring them back what you said the totals under forty nine what portion would be black river student eligible  probably fifteen to eighteen from what groups so i know you mentioned your statement but we would have less than twelve in the infant toddler class that goes up to two and a half and we would have twenty to grandparents like this we still have standards like the last application the standards would be different i understand there's some interpretation issues in i don't think this board is looking at that we're looking at this as a use variance with application was ok and so these are the standards for a use variance and go through the building or structure or land cannot be reasonably used for any of the uses permitted by right or by so basically that one saying you know this piece of property cannot be used for one of those permitted uses for the r t r and do you believe that is the case as it stands that building is not suitable for a k through twelve school and like larry had stated they've had a really hard time getting a church in there so i feel like that's what be a good use for the building as it from the city that had to be addressed several times so this would avoid those problems also ok the next one is that the need for the requested variance is due to unique circumstances circumstances or physical conditions o the property involved such as narrowness shallowness shape water or topography and is not due to the applicant's personal economic hardship it i guess it's too large for preschool alone and it's not suitable as a home i feel like it's the same question so i feel like i'm repeating myself that's under ok the next one is that the k through twelve school with traffic there is traffic for the preschool which she stated and there is a commercial down the way but there's also a large empty one zero four so there are some quiet areas then yes this would be busy but you already had a church in there with people and traffic you already have a preschool i think it's actually quite fitting for the neighborhood multifamily homes and they are there is another church up a little ways in the new and the last one is that the need for the requested variance is not the result or of actions of the property owner or previous property owners 's the need to make this variance you know necessary is not the result of the current property owner or previous property and the previous owner or current owner didn't do something to the charts it has been available at the end of june is the property has four times in the last ten years and it's never really been viable and now you have a viable suitable people in the past and now you've got a user that's very friendly where you don't have anybody there at night you know it's not on the weekends you know i get the neighbors maybe not liking the traffic but the traffic traffic any comments amongst the board about this i guess my only thought would be that regardless of how many times it's been bought and sold it just became available on the property and since june and it's been used for a permitted purpose up until this point whether it can or not it's not the question that's for us right now right now it may present an option for them you know really i'd like to that i at least for myself i'm confining it to the tests and if it just became available in june and it's been used for permitted purpose up until that point has has enough time gone by to indicate that are permitted purpose can still be used for that church if i could comment i actually lease space right across the street from that and in the past nine or so years that i've been there would have to agree with the fact that it's been probably use less in the past ten years for anything than it probably has been for a church it's mean and pretty empty when you say that again it's been used for other things other than oh i think it just it there hasn't been anything there as ours functioning and i guess i feel that you know they're awfully close to some things here as far as the conditions go and i guess in my opinion you know it just seems like there might i guess what i'm trying to say is that well if we just say ok well it's only going to use for a church well that long as that property going to set there because i know just from the last church that came in there was a lot of repairs i think there were violations on the building as well and maybe it would be a good idea to let it use variance through just so using it well i can specifically say for the last church that i think they tried to get things started up like maybe a year and a half two years ago it seemed like they were able to get some people and they started doing some work on the building and i wasn't sure if that was because of violations by it just doesn't seem like in the past nine years that i've been leasing right across the street from it that there's been a lot of variance might allow that building to be used in a way that you know won't hurt the neighborhood i would rather see a building being used just sitting there a so i'm going to open the public portion of this mean back up to anyone would like to speak for an opposition of this and one of the expressed purposes of that is well we began the board with five members tonight what it requires is a majority vote of what would be considered a seven member panel which means all four votes would need to vote for a matter of delay for the variance so if any one of us were to deny the variance it would go down even if three on th this evening would approve it so because you need one hundred percent approval from everyone up here we'd like to allow the option for you to table it if you would like until next month to see if we can get more  members of the board to statistically increase the odds of passing you didn't have to entertain that option but also if you want to  bring more detailed information to the next meeting if we table to actually use the last ten years we can do that and i would like to ask the right now if they would like to table it or if they would like  i'm sorry well if you if if you reapply you have to pay all the fees again and once we decide on this matter i don't think we ask the exact same question over if  month or if it does not pass tonight it would be you could reapply after six months or weekends or any other i know we've had this problem before an applicant representation but when we didn't include them in the conditions they weren't part of the approval it's this is your six could you clarify that statement or cindy do you have an inspections by this day and normal business hours monday through friday from seven am to six p you we do not have any other unfinished business and we do not have any minutes to approve tonight then next day it will be september twenty sixth two thousand and thirteen please have a motion for an a