Planning Commission - Regular Meeting

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Heat. Heat. Heat. Heat. Good afternoon. The Board of Zoning Appeals will come to order. And um what I'd like to do is explain to you how we um go through our process. Uh first of all, we'll call the the cases based on the agenda that was at the front door. So KO is first. Um we will have uh one of the I'm sorry get talk is this staff goes first. Yeah. Yeah. I'm sorry. Um we have a staff report where staff will give us information about about the cases and then um we have one of the members that was that's on the board who's been to the site this week um give us a little bit more of a picture of what's going on. Ask the applicant to come to the podium um over here to help us um understand a little bit more about the project. tell us anything they may want to add that our staff hasn't covered. Um, and we will ask questions of them and then we'll have them sit down and I will open it up to public comment and anybody that's here that wants to talk about that case

um can come up and let us know. We have a three minute um limit just so that we can get through the meetings in a timely fashion. Um, and if we have questions of those people, we'll we'll ask them uh for um added input after we're done with public comment. um the person that's on our board that has been out to the property and is handling the case can ask for more questions of the applicant if they want to at this point. But typically um they present a motion to close the public hearing. And what that means is we no longer take comment from the audience, the applicant, anybody. and we sit up here and we go through a discussion about how we are going to handle this or what you know we'll ask each other questions um and just discuss the case and then the person in charge of the case will have the option to do one of three things. They can approve the request, they can deny the request or they can table for more information. And we do have a different um situation with our second uh our second case where there's an interpretation being requested. And the person that has that case will then go through their process of defining um to and coming up with uh their opinion on how we're how they believe we should look at this. We'll have more discussion, ask questions. Um sometimes on cases like with quite we may add um conditions uh things like that and then we take a

vote on the motion. After that you just work with staff after today to to make sure you're moving forward in the right direction and get the appropriate documents or whatever you may need. So, with that, um, I'm going to ask that, um, I have a reading of the minutes from November 20th of 25. A motion to wave the reading of the minutes and approve as written. I second. Okay. Are there any changes, additions? Okay. All right. All those in favor? I

I opposed. Okay. I'm going to ask if there are any board member conflicts of interest on our cases today. Yeah, I have a conflict on the 801 811 court case. Okay. Um, do you want us to do a a motion or do you want to just accept that he has a conflict? Mr. Lewis, do you want to explain the nature of your potential conflict? Yeah. So, I live in a a property adjacent the uh um the applicants property and currently the president of the condo association that's adjacent it

okay all right okay so do we do we need a discussion of the board and a motion we usually just accept Oh okay um I would suggest a discussion and then a motion on whether Mr. Lewis does or not does not have a conflict of interest. We'll do it that way this time.

All right. Anybody have a comment about his conflict? I think we all know that there was a letter presented in, you know, representing himself and other neighbors. Um, and he has informed me that he has plans on making testimony at the appropriate time. Um but our policy is that if he has a conflict in our eyes, he will leave the room for the rest of for the majority of the meeting except for public comment. So any discussion? Anybody want to make a motion for he does or does not have a conflict?

A motion that he does in fact have a conflict of interest. Okay. Second. And Mary seconds that. And so the motion is that he does have a conflict of interest. All those in favor? I I opposed. Okay. All right. So, thank you. We will see you later. And you've I'm sorry, staff. Have you worked out how to let him know when we're in public hearing? Okay, perfect. Um, all right. Our first case is 801 811 Quite Northeast. And um I'm going to ask staff to review the case, please. Afternoon everyone. Happy new year. As

happy new year,

first meeting of the year of 2026. The first case on the agenda today is 801811 quite avenue Northeast. Uh the following dimensional variances are requested in order to facilitate the construction of a 12unit multiple family building and accessory parking lot. A dimensional variance for the grading and removal of vegetation and a defined steep slope. A dimensional variance of 17 ft to reduce the required 25 ft rear yard set back to 8 ft. A dimensional variance of 12.4 ft to increase the required building line from 29 ft from the back of the curb line to 41.4 ft from the back of the curb line. and a dimensional variance to reduce the required percentage of a building facade placed at the required building line um from 60% to 30%. As shown on your screen, the site is located in the northeast corner of the city indicated with that yellow star. Um it's in kind of the edge of a residential neighborhood adjacent to the city of Grand Rapids reservoir just south of Bellnap Lookout Park. The site um is comprised of of two three parcels. Um what the large parcel you can see there outlined in blue also includes 811 quite avenue Northeast here. And then the applicant is actually purchasing a portion of 836 Livingston Avenue Northeast that you can see um in the northeast excuse me northwest corner of the site to make the entire development parcel a square essentially. So the the entire development parcel will end up being one parcel um with those three pieces kind of combined into one. Um these sites used to have

to be um are you looking for that to be a requirement?

Um we we could condition it. It will likely be conditioned by planning commission and we can discuss that and what the board feels like is appropriate too. Um there used to be two structures on excuse me three structures on the property. Two homes um one home on 801 quite and one on 811 and then a garage at the back of 801 quite a Avenue Northeast. As you can see in those photos both all all of the structures were demolished in 2023 uh due to code compliance concerns about building uh condition and safety. So those orders of demolition were issued and completed in 2024. The Bridge to Our Future community master plan designates this area as a compact neighborhood. The intent of the compact neighborhood designation is to promote a variety of housing opportunities while enhancing the desired physical characteristics of the city's existing neighborhoods. This property is also within the Bellnap Lookout neighborhood area specific plan. That plan identifies this property within the mixed housing district. The mixed housing district is quote comprised of diverse housing opportunities to meet a wide range of individual and income needs while still maintaining a residentially scaled pattern of development end quote. Um the site has significant um topography. Let me go to the photos. As you can see there, this is looking at the site from quite avenue northeast. Uh the site slopes from quite avenue northeast up and kind of plateaus and then continues to slope to the back of the site. Um interestingly enough, let me go back here. Um the site is considered a through lot and it has frontage on quite avenue north northeast and then this area behind the site where you see that um culde-sac turnaround and then this unpaved drive aisle is actually city right ofway. So, it technically has two frontages because that backside is city rightway. Uh, the

planning department determined that based on the existing context and given that there's no street back there that it really functions like a rear yard. So, we applied rear yard standards to that portion of the site. Um, so you'll see that rear yard set back come in with a parking area. Um, but by by ordinance definition, it's that throughlap, but it definitely functions with a front and a back based on the topography, the context and and the lack of improvement and activity on the west side of the site. That topography, like I said, rises from quite a um to Livingston Avenue on the west side. I have a few more photos. Um this is taken from kind of the middle of the site at a flat area and then you can see it it slopes up, excuse me, um slopes up again towards the back. Um here another photo um showing that that flatter plateaued area of the site and then the back and then this is looking at the top looking down towards quite avenue northeast. You can see there's the adjacent residential building to the north of the site there in the photo. another photo. And then this is the back of the site. There's an existing retaining wall. And this area in the photo is where the applicant is proposing to put the the parking area on the site is back here in the flat area. Um as the easternly portion of the development parcel is entirely within a defined steep slope, a portion of the west and south of the site and then the backside um here is also within a defined slope. Um so this project will require that variance for the grading and removal of vegetation in those steep slopes. Steep slopes are slopes greater than 20%. Um so the rise over the run is greater than 20%. Um the applicant has provided an area of disturbance plan um which is included in the packet identified by a red dash line. Um that is the area that they're

asking for the variance for steep slopes. So all of that area within the red line will be disturbed. Um staff is recommending a condition of approval that the topography be restored to its um extent practicable as identified in the proposed grading plan. The applicant's grading plan does show those those slopes kind of being maintained where they exist now after the building is constructed. Um the portion of the site that is outside of the defined steep slope is in the center of the development parcel. This is where the building and a portion of the parking lot is going to be constructed. Excuse me, just for real quick. Can you put the the maps up with the

Sure. with the steep slope marks on it while you're talking.

Thank you.

So, this is the site plan. The steep slopes are identified in yellow and that red dash line is the area of disturbance. Um the portion of the site that is outside of a defined steep slope is in the center of the site. This is where the applicant is proposing the building and a portion of the parking lot. As the building is proposed in the center of the site, um it is not placed at the required building line which is 29 ft from the back of the curb line. So quite forward of where the existing uh or where the proposed structure is placed. Um the applicant is requesting a variance of 12.4 feet to increase that required building line um to 41.4 feet from the back of the curb line. Um that would align with the the front facade of this northern portion of the building here. Um the proposed building has a unique profile um that appears to follow the existing topography. You can see that the building um kind of bumps in towards the south as do the topography lines. And I I'll let the applicant speak to the intention behind that. Um as the not all of the building is at that same profile. Um the applicant is requesting a variance to allow only 30% of the building facade at the required building line. The ordinance requires that 60% of the building facade is at that required building line. So they're asking that just the northern portion be at that required building line, allowing the southern portion to be set back further into the site. Uh the parking area for the project is proposed to be west of the building. Um based on art interpretation, this is considered a rear yard. Uh the rear yard setback is 25 ft and parking areas are required to meet those side and rear yard setbacks. Um the applicant is

requesting a variance of 17 ft to reduce the required 25 ft rear yard setback to 8 ft. um which would be back over here on the west side of the site. It's where you show that on. Thank you.

So there is the rear yard. The red line is the required rear yard setback and the purple line is the requested. Okay. The proposed use of the project is a 12-unit multiple family building. Um that use in this zone district requires review and approval from the planning commission. So the project will require um a special land use review and approval at the planning commission level. um that has an application has not been submitted yet, but it is anticipated that the project will um move forward if all of the variance requests are granted. The staff was requested by the the Newberry Place co-ousing community. Um let me get back to my which is the development right over here kind of kitty corner to to the site right in there. Um, so staff attended a community meeting of Newberry Place residents on the evening of Monday, January 5th to explain the the variance requests and detail the process. A letter from the Newberry Place co-housing community was submitted stating that that community operates on consensus. Uh, they were unable to reach consensus regarding these variance requests. However, the letter did ask for a condition of approval for the rear yard setback and that additional landscaping be added um uh along the rear property line which would be kind of over here where the the plan says waste receptacle enclosure. It is our recommendation um as staff that that consideration be discussed at the planning commission uh with the use review and approval as planning commission will be evaluating screening requirements for the parking lot back

there. So, uh staff feels like it is more appropriate to be discussed and and conditioned at planning commission. But if the board is inclined to condition landscaping um in that area as a part of the rear yard variance request, you are more than welcome to do so. Um, a letter of support was received from some of the members of the Newberry Place Co-ousing community and then one letter of opposition specifically to the R RBL variance request was received this morning and uploaded to the packet. Um, and then I have not received any additional letters um, since this morning when that one letter of opposition was uploaded. Just to confirm, RBL is for the required building line which is the front of the property.

Correct. Shown here. Got it. Yep.

Okay, I will turn it over to Mr. King. Yeah.

Excellent. Thank you, Rowan. Um, so, uh, Rowan and I did go out and visit this site. um on Monday um and walked the site to the the best of our ability to say we mostly slid around the site. Um there is some uh to to Rowan's point and from the photos and the staff report that you saw, there is some very extreme topography at this site as there is around um quite a bit of this neighborhood. Um there are a number of uh properties to the north and south, east and west that are built on or into steep slopes. Um this property is to the the west of quite as um Ron had indicated and you have that 20% grade that comes up almost immediately from the street. Um there's a couple set of existing stairs there that we we traversed. Um and then the center of the property really is kind of that that flat plateau that essentially what appears to be a buildable area. Um and then behind you have another kind of steep incline um that does go directly into um the property owned by the city for the the public right ofway as well as the Grand Rapids Reservoir is right behind there. Um appears to be single family homes um to the north and the and the south um both kind of built into and on top of um the slope. Um but definitely a um a challenging piece of property um in you know a really desirable downtown neighborhood.

Okay, great. Is the applicant available? Okay, right here in the front. Hi. Could you state your name for the record, please?

Greg Mets, lot three Mets Crutcher Architecture. Um thank you everybody for volunteering today to be on the commission. Appreciate it. Um, I also serve on a planning commission, so I I value the time. Um, just a few things as as Commissioner King said, it's a very steep site. Um, and so the way I approach this is we tried to stay out of the steep slopes as much as possible. Um, because that obviously was a very important part of the of the zoning ordinance. So that's what kind of started to dictate the placement of the building. And then se and also the parking in the rear. Um, one that's the only place that we can access parking uh because it's too steep to to access any kind of parking off of quite it would not be allowed. And I also it was important to us and my client to make sure that we had barrierfree access. And so it allows somebody to park up there and to enter into the building if they're moy challenged um which is important. Um also and uh so I'm going to be all over the place a little bit. So we met with Newber. So once we got kind of an idea, we met with Newberry Place and had a really good conversation. And somebody from from the Newberry Place said, "Have you ever considered purchasing that extra lot?" And we're like, "No, but we will." So we reached out to the city and the city was amendable to it and um now we I think there's an agreement in place or a letter of intent to purchase that property. So, it allowed us to square off the property and it gave us a little bit more room and it actually allowed us, we had a few setback issues that took care of a lot of some sideyard setbacks and stuff and it also allowed me to move the building a little bit more to get a little bit more out of the steep slopes. So, we were trying to do everything we could to minimize variance request um as much as possible. Um

also uh city engineer uh we had a meeting with them. They are requiring us to completely replace the retaining wall on the quite side of which 75% of it is currently on the city property. So we have to move it back about 8 to 10 ft which is why the disturbance is so great because we have to build a new retaining wall on our property. um we were just going to replace or fix what was there, but they didn't like that. Um so that's why the disturbance is is greater than what we were anticipating originally. Um now that being said, the city will get the right away back and uh there there's no longer a conflict there. So I guess that's a positive. um putting the parking and I I realize I recognize that we're asking for a variance from the rear yard, but what I do like about it and I think you saw in some of the photos is that the terrain goes up quite a bit. It really hides parking and I feel like if we were to pull place it farther closer to quite it'd be more visible to the people at Newberry Place. So it kind of hides it a little bit by pulling it back and nestling it into the woods which is where the original garage used to be. So, we're kind of putting parking where parking was. It's nestled down. Um, and my client when talking with Newberry Place a totally agrees that adding more landscaping at the front, they're totally amendable to that. Um, and and they they want to be good neighbors. So, the their whole plan is we're going to work with with everybody. We did talk to the neighbor to the north um of the property. Uh, his only request was could we extend parking to his property? So he had access and we did look at it and it's just it was getting to be a lot and so we unfortunately said if you pay for it it's really expensive and if the BCA agrees and he he realized that was not going to happen. Um but we tried. Uh

with that being said um so the reason the RBL is where it's at is because again I'm trying to stay out of the steep slopes and and I almost did in the front and just a little bit on the souththeast corner. we're a little bit over. Other than that, the building is pretty much out of the steep slopes. Um, and I think the biggest thing is uh as as if you go up to the to this neighborhood, um, we want the same property rights as everybody else. And and I think that if I I I don't think a single family would ever come back here. It's going to be extremely expensive to do a single family house here. Unlike the homes that see downtown, the view from this site is not as good. I don't think you're going to get a million dollars for a house here. I don't think somebody's going to be willing to invest a million dollars in a house, but there's obviously million-dollar homes looking over the city because it's a fantastic view. Um, and we also feel like this is filling a need for the neighborhood. And, uh, a couple advantages are you got three parks within walking distance. And the biggest thing is Spectrum or Corwell and, uh, Grand Valley are really close. So, I know my clients really are hoping that that's going to be a big part of who lives here and like Newberry Place, they're hoping that there's like a little community here of people that live and work in the neighborhood and that would be real positive, but um obviously that's not a BCA thing. Um it's just what our hope and and wishes. Um, other than that, oh, we did look at three-story building to minimize footprint and it was it was too too muscular, too big, and so we wanted to try to play it down as much as we could. So, that's why it's spread out a little bit more. Um, so we did we did take a look at that and I believe that is all I have for right now and happy to take questions. Um yeah, I might have have one or two questions. I'd be interested to hear

from um other commissioners your thoughts. Um uh city staff had had had mentioned a desire um if if a variance requests were to be uh approved regarding kind of the RBL and the setbacks. Um what efforts might be taken to either maintain, protect and restore um some of those steep slopes? Honestly, we re I my client agrees. We want it to when we're done, we want it to be kind of how it is today. Recognizing that when we put that retaining wall in, there's going to be some thing, but there they the whole intent and you'll see it on the grading plan is it goes back to how it is today. um you know there's a few except and and the grading plan does show there's a few areas where we are going to have to manipulate the grade but especially between the building and quite as much as we can keep that as it is today is that's the intent and there there will be vegetation planted there to make sure it stays in place because we don't want the rain to wash it all away that would be bad

and then I think my um my second question is just is is around parking um I see from your request that you are Actually, it sounds like you'll at the planning commission be asking for a parking reduction in order to correct fit that parking lot into that space that you've requested.

Yeah, cuz right now it's 18 parking spaces required. We're providing 12, which is one one per unit is the goal. Um so we would be asking for a slight relief from the parking requirements. And um and this was also why we wanted the extra parcel from the city of Grand Rapids cuz you know, we heard this from Newberry Place and others. Parking is tight up in this neighborhood. Um especially behind now from quite down to the east is a little bit better. There's there's more parking available. So the client also wanted to you know again we're we're trying to be good neighbors and trying to trying to provide as much as we can. So um we're maxing out at 12 and I I'm afraid that I don't want to go much more because it's more steep slopes and more stuff we have to impact. So

Okay. Yeah. Thank you. That's all the questions I have. Anybody else? No. You Greg, can you talk a little bit about the transition of um the slopes from the neighboring properties to um the subject parcel? Is there going to going to be any impacts to the neighboring properties at all? There's not. No. And that was and um the southern portion. I actually moved the building a little farther north because there's a big retaining wall there and I didn't want to have any problems with that. So, I wanted to have a little bit more space just to make sure we didn't have any problems. Um but yeah, no impact on adjacent properties. Thank you.

And and I'm assuming that um usually in topography like this we have water issues. Oh yeah. Um and um I had actually asked staff if anybody's looked at the fact that we're going to be putting concrete over a lot of this property if there was going to be water runoff issues for the neighbors. It's a great question and this is why we met with city engineering. So my civil engineer has been really into it and um we have a plan. So, uh, we're going to capture a lot of it in the parking lot and we're going to pipe it to quite there's a storm water down there and, um, been a lot of conversations with engineering and I think we have a plan and I think it's going to work. Well, that's great. Yeah.

Um, just what it's more of a curiosity question, but you said the city's making you move the the cement wall back. Yeah. 8 ft. It's contiguous with neighbors on both sides. I I brought that up. I I it's just the planning d the engineering director told me it's it's that she was unequivocal. It's moving. And uh yeah, that was I Okay. Hey, I do whatever you say. Located within the city, right? I I understand. She wanted it off everybody else on that street. Yep. I I mean, it is a contiguous

Well, my fear my fear too is that it's going to disrupt the property to the north. And I brought that up. I'm like, I don't want I I don't want to create more problems. And she's like, not your problem. And I said, okay.

Yeah. All right. Um and the other thing I noticed when I went out onto the property this week is that there's only parking on one side of quite. Um so having this parking lot is is huge to the project. Um and uh there there was probably three or four homes on the other side of Kite. Um so I I don't think I mean planning commission will decide, but I don't think it's going to be a huge issue to uh to have one parking spot per unit. So that was just an observation. Huh. It's also close to the bus. It is.

Oh, it is. It's a great location for a lot of that. Yeah. Okay. Anybody else have questions? I want to make sure. Okay. Thank you so much. Thank you. Appreciate it. Yeah, you bet. Um, we're going to open it up to public comment right now. If anybody came down to talk to us about 801 or 811 quite um we would love to hear from you now. Okay, great.

Hello, my name is Brian Bramer. My address is 749 Livingston which is right around the corner around co-ousing there on the corner of Newberry and Livingston and also 743 next door.

Um we have all on street parking but I have equipment and I keep it all cleaned out all winter and everything for my tenants. Um jumps to the next issue co-housing in there. um they're on the hill. So in the winter time without even parking it's steep. It's a huge issue. So a lot of that comes up into my parking. You go around the back which is okay because the only place they can park because of the hill. They can't get started or stop. And then you go around the back side of co housing. You run into the culde-sac where this plan comes off of. And that's plowed out by a small city truck cuz they can't get big equipment in there. And you have Co-ousing's driveway. You have 779's driveway. And then you have their driveway. And then you have the driveways going in for the water tower. And along along Livingston there on the west side, you have a series of multi-dwelling houses. Parking is a the biggest issue and traffic. So now in order for them to service us and bring in dump trucks, loaders, and everything else, they all have to come in and run through the neighborhood around co-ousing and back in there. And it's just getting really really congested. Really, really congested with traffic. Uh we have quite park. I'm not quite park. You have quite park there, but we have Lookout Park down the street. And during the summer almost every night, two blocks are packed with cars. And I know folks, in fact, I own 779 for quite a while. And we had a parking spot

back there in the back. But when the snow plows come, there was no place to clean out the parking lot from the Newberry place that gets pushed up and that gets plowed out over that driveway and then it plows out to the next driveway that these guys want and then you got the driveway for the city. So they're running out of places to put snow, too. We've had cars getting hit by snow plows back in there cuz my tenants had to park so close to the street and a snow plow came through and wrecked the car. And that's just stuff over 20 years that's happened. So it's really really congested up there. Um quite is bumperto-bumper traffic in the wintertime with parking from the people that already live there. And I know because I take my tractor and I clean that out for some of them people too. So anyways, that's just my main concern. It's getting pretty pretty congested.

Okay. Thank you. Thank you. We can pass his comments along to planning who will take care of the parking issues. Okay, we'll pass that along. Thank you. Anybody else like to talk to us about Kite Avenue? Ah, okay. Good afternoon. Um, I was not planning to talk today.

Can you give us your name? My name is Aaron Maggley. Um we live as part of Newberry Co-ousing at the um property on the Culdeac. Um and I submitted a letter last Friday. Um which Rowan has I apologize. I sent it to GRC. I only realized um sitting here that my letter wasn't received when Rowan said he had only gotten one letter in opposition. Um so he very generously offered to copy it for me and um give it to you today. Um we expressed our concerns in there. That is on behalf of um a couple of neighbors um there on the culdeac. Um and I would agree with Brian's comments about concerns um about parking. Um our concern is about the scope and density of this project. Um, as I state in my letter, uh, the parking spots do not will not accommodate a building of this density. Um, and our, as I say in my letter, I don't want to repeat what I'm saying in my letter. I hope you read it. Um but our concerns are that um a lot of the need for variances and this number of variances I agree that some variances may be needed but this number of variances and the extreme nature of the variances seem to me to be created by the scope of the project which is out of line with the property size and topography of the of the lots. Um and this is not my field. So, you know, I'm glad you guys have are experts in looking at this. So, I'm just saying from a lay person's perspective, when I walk around the neighborhood, that whole line of quite has a retaining wall, has the um all the property owners are built in line um with that front building line

expectation and they've managed to do that without a problem. um they are adhering to the rear yard setback, the the building line requirement in front. Everything's in line. Um we we love having new neighbors. We love having this area developed. Multi- um unit housing is great. Um we appreciate the need for that. It's just the number of units here seems to me to be very extreme given the circumstances of the property. And I don't feel that these this property presents unique or unusual conditions that would keep the owner from reasonable use of the property, profitable use of the property just at a smaller scale. The impact on our neighboring units is going to be huge. Um from parking is already difficult. Brian talked about the sliding, the um snow plows crashing into things, people crashing into people on this because the parking is incredibly tight and the spaces are not available for residents as it is. Um and this plan does not accommodate even begin to accommodate the number of parking spaces that would be needed for that number of units. Um, so I know that that's kind of a planning commission issue, but I feel like it dovetales here into the number of variances that they're requesting. This number of variances would not be required to accommodate a smaller project. Um, so uh, I hope you read my letter and I really apologize that some Rowan at GRC got it and I didn't get a bounce back and so I'm sorry about that, but thanks for considering the letter belatedly.

Can you hang on just a second? I would like to ask Mr. the king a question. Um, am I on? Yeah. When I went by there, um, the house to the north is not is not um con the setbacks of the home on that side of the street were not consistent. The home to the north was set up the hill. The home to the south was set down closer to the sidewalk. Um, the homes on the other side of the street, which don't have the hill issue, were consistent. Do you remember that at all? So, a public memory test. Um, sorry.

No, that's okay. I I believe you're correct. Um, I don't know if Rowan maybe could pull up a map or Google. Yeah. Do you have an aerial view? Because if you look at it, you'll see that these neighbors are all We need you at the microphone. Sorry. Go ahead, Rowan. Just I was just going to talk while he pulled it off. 817 quite is set back from 779 quite and you is that do you have a bigger view of that? Like when we look at an aerial and when we walk the neighborhood, these are neighbors. These are houses that are all, you know, a a similar distance when we Yeah.

It looks like houses on a street, right? And to set that a building unit back is that far from the rest of the homes is creating a you know it it is impacting the character of the neighborhood and creating a um a building really that is accessible from Livingston only. Um and that's going to be the the trajectory is they're going to be set off of Livingston. So, I looked on a city. I did the walking that you did, you know, paying closer attention to that. And I also looked at Kent, the Kent um aerial views where you can see just all the properties just in a row there. So, I'm not sure except for the one to the north.

Are you seeing that black roof that's there on the screen? The black roof directly north. Yeah. Set back a little further than the Yep. Uh one further north. But all of those to the south um are all, you know, home in a in a line, right? And how far is the setback proposed here? Is uh similar to what is that? Eight seven.

I need to to move you on, but I I understand what you're saying. Um Mr. King and staff, if if I can um make sure I'm getting this right. Um if if the building were moved closer to quite we'd be asking for more variances because you were into the slope in the front yard which is what the builder was trying to trying to avoid. Correct. That's my understanding. Yes. Yeah. The the number of variances wouldn't increase because they're still asking for a variance for disturbing the steep slopes. The intensity of the development in the steep slopes certainly would increase.

Okay. And um am I correct in assuming that there would be virtually even if buildings were turned or whatever it would not be feasible to put a driveway from quite into a parking lot anywhere on their property cuz it's it's very steep. Yeah. I mean I'm not talk speaking from a builder's perspective but it is a very very steep incline. Um, so I'm not sure unless it was, you know, constructed with parking under the building and that entire steep slope was eliminated.

Yeah. I mean, unless it was like you were completely carved into that hillside. Okay. I'm I'm just I'm trying to think through what what the uh lady just brought up, Miss Magnolie. So, okay. Is somebody else from the audience?

Hi, my name is James Lewis. I live at 105 Newberry Street. Um, I'm the current And you're too tall.

I'm too tall for the microphone. Current board president of Newberry Place Co-ousing Association. Um, I just like to say that, you know, the um applicant did engage with Newberry Place. um they came and visited um with us and uh listened to our concerns. Um they did uh take those concerns back and uh they did buy um an extra piece of property from the the city or have a purchase agreement for it. Um and increase their their parking count um from that the the initial um plan to the current plan. Um I think they went from 11 spaces now to to 13. Um and you know Newberry Place as a as an entity doesn't um you know support or oppose this project. We couldn't find consensus among our members. We we um base our decision making on the consensus property or our consensus model. Um so that that's neither here nor there. Uh we did request that the um the applicant um consider or the board consider uh what is it? an an amendment, not an amendment, an attachment, um for a little extra landscape buffer on the northwest corner of the the the parcel, actually on the city's land. Um and the applicant has indicated that they're open to that um that uh additional screening um because the um the parking lot area is so close to um the edge of the the parcel in that spot. And it was in it's in the letter depicted as you know what what area I'm talking about. Um, as James Lewis, the the resident um of Newberry Place and uh seven other members of Newberry Place, um we we support this um application. Um we think that the variances are asking for are appropriate. Um especially the rear yard setback um variance. You know, that's the appropriate place for parking on the

site because it gets tucked into the hill. Um and so that hill provides a nice um buffer from um the parking lot to the the surrounding properties. If the parking lot was pushed out of the rear yard setback and further into the site, it would be more exposed to the neighbors um and would wouldn't be as attractive of a um a parking lot area. Um you know, I I think that the uh the request for the the RBL setback is is appropriate. It lands, you know, on the more level part of the property. It's closer to the street than the two houses that were there previously used to be by about 10 ft. And it's, you know, it's not exactly in line with the north property, but I think it's about two or three feet back from the the property line or from the the face of the the north house. I I would say all the houses on that street are um responding in some way or another to the hill where the the properties closer to Newberry Place are um responding to the hill by pushing their their um houses forward. And so many of them are right on the sidewalk, whereas as you move further north on the street, they get pushed further back from the the sidewalk um as they um go up the hill and and pl or plateau up there. So, thank you for your time and consideration and

Okay, thank you. Anybody else? Okay.

Hello. Uh, my name is Edward Vasquez. I'm actually the owner of 779. I just recently purchased it within the last, you know, uh, nine months or so. Um, and having lived there, um, for that amount of time, I would have to agree with what Brian said, um, parking there is already an issue. I have a tenant that constantly complains about that issue. You also have the festivals that come through and create even more parking issues as well, right? Um I feel like you know for something of this size as well to have one parking spot per um unit um also makes it seem like some people won't have visitors. You know if they throw a part all of a sudden you're even throwing things more into whack. Um it does seem pretty dangerous as well with that steep um hill uh that kind of like leads into my property. Um that doesn't really get plowed very well. Um, I've already had issues. Um, you know, I I think more traffic through anywhere near there is already sounds problematic. Um, you know, I I feel like there's already been enough said about the the traffic issue in the parking. Uh, I don't want to beat a dead horse. U, but I just wanted to make sure it was known that, you know, h being literally south of it, um, that this seems problematic and I haven't been here for very long. So, thank you for your time.

Thank you. Anybody else? No. Okay. Uh, do you want to make a motion to close the public hearing? Yeah, I'll make a motion to close the public hearing. Second. All those in favor? I

I the rest are okay. Um, I think just off top of my head, parking is is an issue it sounds like or can be. Um, but that's not on our plate today. So, we're looking at whether or not the setbacks are necessary given the property. Yeah, correct. I agree. I think those are

Thank you. I think those are absolutely um absolutely legitimate concerns, but I think um based on the requests that are in front of us, those are best addressed by the planning commission and whether they're going to approve a parking reduction. Um but I don't know if others have thought. Yeah, I'm aligned with that. Agreed. Okay. Go ahead with what you what is your desire? Um I'm prepared um I mean I'm open for more discussion but I'm prepared um to move forward with some motions and um discussion if everyone's good with that.

Okay. Um, so I think first I just want to note I think be um after discussion with the applicant and and hearing from the public um I just wanted to note that I think this case and particularly um this piece of property really highlights the vital role of the BCA process. Um, this property presents really unique challenges and the BCA process is really intended to provide an opportunity to kind of harmonize the goals of the zoning code with the rights of property owners and with neighbors. Um, but I think by working through this process, we can find solutions that benefit both the community and the individual property owner. Um, so with that, um, and I'm willing to take suggestions from the board on this too. I plan or my thought here is to break this down into three motions. Um first the variance request number one um the second various uh variance request number two and number three combined is they both involve the RBL and then variance request number four. Okay. Um so first uh related to variance request number one the dimensional variance for the grading and removal of vegetation in a defined steep slope. Um I believe that standard number one has been met exceptional or extraordinary circumstances as there are environmental conditions related to the exceptional top uh topography um of the land. The eastern section of the development parcel is characterized by a steep slope that exceeds 20%. Um, additionally, port portions of both the western and southern areas of the site are also within designated steep slope areas. Um, standard number two, substantial property right. I believe that this has been met. Residents within the zoning district who share similar geographic topography have benefit benefited from the um, property right to develop within the designated steep slope areas through grading and removal of vegetation.

Um, standard number three, I believe this has been met. the applicant or property owner did not create the current grading of the property along the eastern edge or the western edge of the property. Uh standard number four, no substantial detriment. I believe that this has also been met. Um the request has been minimized to the furthest extent feasible to maximize the buildable area while maintaining as much natural topography as possible. And while we did hear um some disscent and concern today, we also did receive support from some of the neighbors. Um, standard number five, I believe, is met as the requested variance is consistent with and does not materially impair the purpose and intent of the master plan or area specific plan for the neighborhood as the project supports the need for more and varied housing types which is supported in the compact neighborhood type. I would like to add one um condition of approval here as recommended by staff and through our kind of our discussion with the um with the applicant that the topography specifically the designated steep slope areas post construction will be restored to the extent practicable um as identified in the proposed grading plan as submitted by the applicant.

I'll support that. Okay. Any comments, changes, additions? No. Okay. All those in favor? I opposed. Okay. Number two.

Okay. Um, next I would like to discuss variance request number two and number three. So, this is for a dimensional variance of 12.4 ft to increase the required building line from 29 ft from the back of the curb line to 41.4 4 ft from the back of the curb line and a dimensional variance to reduce the required percentage of building facade placed at the required building line from the required 60% to 30%. Um standard number one exceptional or extraordinary circumstances I believe is met as there are environmental conditions related to the um conditions of the land. Again, the eastern portion of the development parcel is characterized by a steep slope exceeding 20% which limits the ability to develop along the RBL without substantially deteriorating the natural slope over the land. Standard number two, substantial property right. I believe that this is also met. So the purpose I believe that I see here that the purpose and intent of section 5.1105C2 of the zoting ordinance which discusses steep slopes is to promote and protect public health, safety and general welfare by preserving and improving environmental conditions affected by the built environment through the effective and functional use of landscaping and green infrastructure. specifically to maximize the benefits of the natural environment to create more resilient community and to avoid when possible unnecessary sight grading and disturbance of steep slopes so that the most significant of these slopes and ridge lines are maintained. I would therefore say that uh there is a substantial property right for this request is that aligns with the code. Standard number three not self-created is met. The applicant or property owner did not create the current grading of the property along the eastern uh boundary. no substantial detriment. Um again, this request has been minimized to the furthest extent feasible to maximize the buildable area while maintaining as much natural topography as possible. Standard number five, um similar to the previous um request is the uh requested variance is consistent

with and does not materially impair the purpose and intent of the master plan or the area specific plan for the neighborhood as the project supports the need for more and varied housing types which is supported by the compact neighborhood type. I support. Okay, great. Any additions, conditions? Just is it worth noting that like city engineering has required I think things that require a moved back set like moved back required building line. I mean, I I agree with all the things that are true, but I don't know if that's worth adding to. The city is what

cuz this city engineering is asking that or is that in the rear for the cement line? It's along quite but it's just the retaining wall itself. Right. Okay. But that existing structure is within the rightway. So they want that to be placed back on the property. So it shouldn't impact the setback line. Okay. That that that's all good then. But thank you for noting that. Yeah. Okay. Anybody else? Okay. All those in favor? I I I opposed. Okay. And then

yes, lastly, variance request number four, a dimensional variance of 17 feet to reduce the required 25 ft yard uh rear yard set back to 8 ft. Um I believe that standard number one has been met for exceptional or extraordinary circumstances um related to the environmental conditions of the land. The exceptional topographic conditions at the eastern and western edges of the property significantly restrict the buildable area of the development and in an effort to maintain natural topographic forms. The placement of the building will require the placement of parking in the rear setback. Standard number two, substantial property right I believe has been met. Other properties within the zone district exercise these property rights and the parking is required by the city ordinance. Therefore, I would say the applicant has a substantial property right. Standard number three not self-created is met. The applicant or property owner did not create the current grading of the property along the eastern or western edges of the property facilitating the need for this request to meet the city's city's requirement for on-site parking per the zoning ordinance. Standard number four, no substantial detriment, I believe this has been met. Um, while not everyone may concur, um, this parking request has been reduced from the required 18 spaces to 13 spaces, which I do applaud the applicant for requesting. um to maximize the buildable area um while maintaining as much natural topography as possible. I would also argue that the purpose and intent of the applicable codes for rear and uh for rear yard setbacks and parking area setbacks within the TNDR zoning district is to minimize the negative impact on adjacent property owners. In this particular case, the property owner who is most particularly impacted is directly to the west and consists of the city of Grand Rapids reservoir and the adjoining public right ofway. Any additional disturbance is further minimized by the natural buffer created from the steep slope of the property. Um, standard number five, I believe this is met as the requested variance is consistent with and does not materially impair the purpose and intent of the

master plan or the area specific plan for the neighborhood as the project supports the need for more and varied housing types which is supported in the compact neighborhood type. Um, I do just want to acknowledge that there was a request from Newberry Place uh for a condition of approval along with this regarding additional landscaping along the southwest corner of um the part the requested parking area. Um well, I think that's a completely reasonable request. I'm going to follow staff's guidance and have this be a planning commission consideration as they look at site controls for the entire area.

Support. It's supported. Any additions? Yeah. No. Okay. Okay. I I just would like to make a note. Um it appears that there's still room to the north to add parking possibly. I don't know how the topography goes exactly right there, but just as a comment for the planning commission that um they're they're the ones that is are going to decide on the parking issues. um whether or not that's something that can be looked at. Um so that would be that would be my only issue. Okay. All those in favor of the motion to approve

I I opposed. Okay. We are done with that. You need need to work with staff and you have to go through planning before anything can get done too. So you know that. Yeah. Okay. All right. Thank you. Okay. Um, is everybody okay to go on to our next on an hour? You good? Do we? Yeah. Oh, do we need We need a board member back, but um, can we have somebody else in the bullpin? Just give us a minute here. Call them up. Bring them up. I was going to say volunteers from the audience. Yes. Anybody else that wants to join us up here? We got three extra chairs today.

I'm just going to grab a little water real quick. Does anyone else want to I'm good. Thank you though.

All right. And I'm going to introduce our next case, which is um 1620 Leonard Northwest. This is um an unusual uh for it's unusual for us. that comes about every once in a while, but um we've been asked to interpret um staff's interpretation of the code and uh come up with a decision on how we believe uh the use at this location fits our code ordinance. So, I'm going to let staff start and then we'll go to one of the board members who's been assigned this case and we'll follow the same procedure. We'll have the owner of the business come up. We'll have public comment and then we'll go from there. So, thank you for your patience. I know it's an hour. You've been sitting here for an hour. So, okay.

Okay. The second and final case on our agenda tonight is a code interpretation for Albatross Aviary located at 1620 Leonard Avenue Northwest. Albatross Aviary is requesting an interpretation of the zoning ordinance that a bird sanctuary/ an aavviary is an educational use or a social service facility as defined by the city of Grand Rapids zoning ordinance. Um, Albatross Aviary um is a quote unique aven rescue and sanctuary dedicated to providing permanent care, shelter, and rehabilitation for companion parrots and other exotic birds when rehoming options are scarce. end quote. The articles of incorporation for Albatross Aviary as described on state documentation state that Albatross Aviary quote is a perpetual bird sanctuary, rescue, and foster care facility. Albatross Aviary is a nonprofit corporation designed to take in, house, and socially rehabilitate unwanted, neglected, and stray exotic birds. Foster birds will be kept and cared for until such a time when adequate and appropriate forever home can be established. end quote. Albatross Aviary initially received a zoning violation at 925 Bridge Street Northwest for an illegal business, their prior location. The planning department determined that a bird sanctuary was not an approved use in the TNTBA, the traditional neighborhood traditional business area zone district. To inform how a bird sanctuary should be regulated under the zoning ordinance, the planning department conducted a use determination in 2024 pursuant to section 5.4.04 04 of the zoning ordinance that outlines procedures for use determinations for uses not listed within the code that determination that a bird sanctuary was most similar to the use the listed use of kennel. This use determination was not appealed and is is not at um part of the interpretation request before the

board. Uh the the request before the b board is specifically looking at is an avary sanctuary an educational use or a social service facility. Um, so there are are documents in the packet and you may hear testimony today about a kennel. So I just want to explain where that is coming from and what the request before the board is today. Albatrust Aviary subsequently relocated to 1620 Leonard Avenue Northwest and received a zoning violation as that property is also in the TNTBA zone district. Unlike other cases before the board, um, section 5.13.06 06 of the code actually asks the planning director to review and recommend an interpretation. Um so the following is the planning director's interpretation of the code pursuant to this request. Um that recommendation is the applicant states that they off they offer um a gathering place for people for educational and vocational training and quote educational use and quote social service club or quote social service facility. The essential component of the aviary, an aven sanctuary and animal welfare shelter housing birds, is distinct from and beyond the scope of educational use, social service club, or social service facility definitions. The birds reside there and are not brought in solely for classes. In other words, while a component or mission of the aviary use might fall within the definitions of educational use, social service club or social service facility, the full extent of the aviary use, a bird sanctuary or shelter does not. Additionally, educational uses are permitted by right or or as special land uses in all zone districts in the city. An aviary as an educational use would not be consistent with the purpose and intent of all zone districts in the city either as permitted by right or as special land uses. For these reasons, the planning director recommends that the BCA find

that the avary is beyond the scope of the zoning ordinance definitions of educational use, social service club, or social service facility. The interpretation before the board requires the board to determine whether an aviary bird sanctuary is one an educational use, two a social service club, three a social service facility, or four not an educational use social service facility or social service club. The board should keep in mind that this interpretation will impact other operators of avaries bird sanctuaries in the city of Grand Rapids. Therefore, while operational details and the function of this aviary specifically may be helpful for a board interpretation, the decision should be made with all existing and potential operators of aviaries and bird sanctuaries in mind. This decision will apply citywide to all all potential uses that fall under quote an reasonable definition of aviary or bird sanctuary.

Okay. Thank you. Thank you.

Go ahead, Miss Swanson. Thank you. Well, um, traditionally, um, as the board knows, when we're looking at a, um, use or dimensional variance, um, where specifics about buildings and site designs and surroundings are very important. That's not specifically the case here. Um, but I did go out to 620 Leonard Northwest, took a drive around, saw the setting. Um it is there was an under construction sign on the door. I didn't ask to go in but the setting is pretty much I think um what's significant for this request is that the relevant observation is that the location is typical and common site found within the TNTBA zone. Um, actually due to the nature of this request, I really focused my review more on the documents in the packet and those that were received just yesterday. Um, some of those generated some questions for me, perhaps for some of you. Um, but I think before delving into them, I'd like to hear from the applicant.

Um, because I'm sure many of those will be answered during the presentation. Okay. Applica applicant, come forward. Please give us your name for the record. Take your time.

Hi, my name is Jiren Templ. Um, we've got a lot of actual education material here that wasn't presented to you cuz Rowan said it might be confusing. So, we put it into some nice binders here that go through all of our curriculum and everything because our educational side of it isn't an ancillary or marketing thing. It's the core of what we do as the as a service to the community is educate people on birds and why they shouldn't be pets. and we help people out that actually run into problems. So, I'm going to actually pass some of this stuff out to you guys to take a look at. You can actually keep this if you want.

Thank you.

So, this goes through Thanks. all of our business side things. Nice logo. Um, and then these are our outreach youth education programs, school education programs, and we've got actually USDA approved uh ethography study for capstone projects. Can I have you at the microphone? Oh, yeah. I'm sorry, please. That's okay. get the rest of this.

So, in the midst of the stop work order and everything, we've actually continued to work on uh our relationship with Grand Valley and partner with them and we've got a USDA approved and oversight ethography study for the habitat designs inside the building because of the stopwork order when you saw the um construction sign on there. We have to build habitats for these birds. And so we're actually taking this opportunity um that we took a stop to to actually get the data that we need to build data informed habitats to teach people how to take care of birds. Unfortunately, birds are the number three most popular pet underneath cats and dogs, but the number one most surrendered because of their long life expectancy and the absolute critical care that they need. The most I could say is probably the closest thing is rappers buying tigers, people buying animals that they have no idea what they're getting into. and having no idea how to take care of them with large macaus having bite pressures around 800 foot-pounds is an absolute problem for the community when we don't have any oversight. Unfortunately, birds don't have any rights though like the difference between fighting and dog fighting. fighting is malicious destruction of farm equipment and so they don't actually have any animal rights. So what we're trying to do here is educate the public and create a an environment and a community around this. We're um we are getting into uh partnership with MSU's veterinary school because there's actually only about five aven vets in the state which leaves an incredible vacuum of care and without the work that we're doing it will create an even bigger vacuum of care. We're actually creating a pipeline through Grand Valley's uh preeterinary program through MSUs to get uh aven specialists and aven vets put into the field so that we can actually help people. Um, question. Do you guys ask questions at all? I'm Bri better at answering questions.

Um, I do have some questions at this point. Um, so you mentioned you had a facility. It's no longer operational. And so what's going on at 620 Leonard right now? Oh, we just got to stop work order. So it's actually makes it really difficult to take care of the birds when we can't actually build the enclosures. Okay. So the birds are at

We were told by Rowan that not to fight the zoning until we found a stable place. And unfortunately as soon as we found a stable place is when we got the stop work order. So it felt like a catch22. And I'm not quite sure how to address like what to do with that. But we were told that until we had a stable facility, um because the old building wasn't actually going to be a long-term thing, that to wait until we found a building and then deal with the zoning stuff because the zoning of being a dog kennel is just a wild misclassification. So, you've been providing care for birds? Yep. Since 2016. Uh well, I mean, a lot longer than that, but Okay. under your articles of incorporation.

Yeah. Um, how do you get your birds?

Uh, people actually in in dire need whether so with cognitive abilities around a 2 to 5year-old um the life expectancy as long as they are and the social compatibility um of living in flock structures. What happens is people actually bring Okay, let me start this over. So people buying birds don't understand a very significant problem is that these birds are highly social creatures. And actually one of the mo one of the creatures that actually most likely looks closest to our social structures with high intelligence, emotional capacity and uh social structure that when you take a single bird and put it into a single home as a family, what happens is often the same thing as what we see in how we punish some of our harshest criminals in solitary confinement. And so when you take a bird out of its natural structure like that, you have to substitute a flock mentality. Otherwise, it actually drives them kind of crazy. And so what we're trying to do is create a system in which we can help educate people. We have our bird behavior solutions program where people call us and ask help. It's a free service. We're offering absolutely free services to the community and to help mitigate this problem, the crisis of unwanted birds because especially before a lot of the regulations with how long they live, um during the 1970s and 80s, there was a lot of bird buying and we actually have a lot of elderly people that are being outlived by their birds. Their children have no idea what to do with them. they're a cherished family member and they want to keep them in a safe environment and not just jumped back into the pet bird trade. And the unfortunate part is that when we're dealing with other like say rescues and stuff and we use the term rescue because we rescue the birds but our unlike other rescues, our financial structure is not built off of adoptions. You have to go through a rigorous six-month training program before you're even eligible for adoption. And then the bird has to pick you. And it's about setting them up into a place to thrive and actually save these creatures. Um crap, I lost my train of thought. I'm so

sorry. Well, and I I think that answered my question. How do you get your birds? I guess my other question is um how many birds have you housed since inception? How many birds will your site accommodate?

Um okay. So, since inception around 500 um and then we've actually got with the new building, we have a 14,000 square foot indoor space that used to be a gym and it works absolutely perfectly both with the indoor uh plumbing and stuff for the old um locker rooms and stuff. Actually makes a wonderful place to actually put a sanitation room and actually follow our strict protocols as we're dealing with like the the set ones through um cytosine welfare institute. Cytosines are the scientific name for parrots. Um but we follow some strict guidelines both set up by the USDA, Grand Valley, um the U Great Lakes Avacultural Society, U. Marshia Welsh, uh the president is actually on our board for oversight along with Peg Merkel, who used to be the wildlife rehab in the city for over 50 years.

So how many birds will you have at any one time? The maximum and the average maybe number of birds that would be on. Well, right now we've got around 100 birds in our facility and we have probably enough room to at least triple that capacity without any kind of stress and as long as we're allowed to build the habitat. You said you have about 14,000 square feet in the entire facility. How much of that what percentage of that goes to the sanctuary areas, the washing areas, the the care and feeding of

about 10,000 square foot is for the birds and then the rest of the 4,000 is set up for our clinic side where we're partnered with veterinarians around uh the city and along with other animal welfare groups um so that we can actually have a hub for people bringing and not knowing what to do with birds um as we set up our quarantine. Um, and then yeah, we've got our spaces for our volunteers and our students and then for sanitation. So, sorry, but so 14,000 square ft, 10,000 for birds and then you said the rest was for Well, I mean just for maintaining for meetings and staff and 10%.

Yeah, I say about 10%. I mean, we have offices and the fact that it used to be actually have a um tanning salon next to it actually sets us up really wonderfully for individual observation and exam rooms um as we're dealing with veterinary students or traveling vets or even having our vets come in and deal with uh the birds there. Okay. And then uh I appreciate I'm assuming most of the documents that were in the zip drive on educational facilities are in here as well. Um, some of them were un actually all of them were undated. So, could you help me understand how long this internship has been going on?

Oh, um, we've got some in there. So, we started the internship program in 2023. Um, and we actually started up three individual internship programs. Um, one was the, uh, bird care internship program for the biology students, the prevet students, and wildlife students. Um, and then we actually had a digital media um, internship program as we partnered up with um, oh, dang it, I'm forgetting her name, the head of the department for the film and video at Grand Valley because in 2023 we actually had a documentary done on us and we got third place in the Grand Rapids Sundance Film Festival because of the work we're doing. Um, and then uh, oh, and then we have a nonprofit management internship program, but that's a really hard one to fill. So,

and how many interns have gone through these? I mean, what's your value?

I think we're looking at like around 24 right now. Um, not including actually. So, 24 and then we've got eight students in the ethography program and then we're hosting our next orientation on the 31st. Um, open to Grand Valley's. So, we reached out to Grand Valley has their ornithology club, uh, their wildlife biology club and their prevet clubs. And all three of those have shown great interest in showing up um as a trackliner for their professional uh career paths. Um Joe Jako, the head of the biology department, should have written a letter. He is an ornithologist. Um an ornithologist is somebody who studies birds and he has given us the go-ahad. He's the one that actually helped us get the capstone projects and studies off the ground.

Okay. I saw the capstone project in there, too. And that's distinct from the internship. That's a self-directed study where someone says, "I want to do something." And they partner with a business. Well, then yeah. And in this specific one, it's that um when dealing with aven stuff, there's just not very many places. This is why we have actually the crisis of aven vets is because after you go through your 12 years of getting your doctor to be a vet, you actually have to put in about 800,200 hours of experience with exotic birds. There aren't very many places that offer that, especially when there aren't very many places doing any kind of holistic studies like we're doing at all, especially on behavioral ornithology, which is a huge one like as far as it goes. So, yeah. Um Okay.

Well, thank you. That concludes my questions. Anybody else have questions? I mean, you can bring on the heat because I'm like, this is what I I like this stuff. Like, anybody No, I have Um, I I had gone through a lot of the things that you sent over before and yesterday and I had just a whole series of questions really. It sounds like you provide vet care on site.

No, we don't have a vet on site. We have we have a head of veterinary affairs and so this comes in where we have a couple vettees. Um, we work with Dr. Natada out of Cedar Springs, Dr. Wilk out of Holland. But the thing is though is with such a small number of aven specialists and vets um what we're providing is a place that we can actually they can come to us rather than going to them because transporting birds as we've seen especially in our move is an incredibly dangerous and a difficult thing. So being able to have a place for vets to actually come into us creates a much safer environment for both people and the

they come to you but the veteran care care is done on site. No, we don't. Like, so if we need a surgery, any kind of physicals or anything though, like if we needed to have a vet come in and saying, "Hey, we need a secondary opinion." We we're seeing this behavior or we're seeing this um we actually have a a Greenwing Macau right now that got surrendered to us from Wisconsin. Um that looks like it might have a fatty tumor. Um he's in quarantine now, so we've got about another week until we're able to actually get him to the vet under this particular thing. But in talking with it might actually be a cyst because on getting him on the right diet, we've actually seen a reduction of it um of of the actual mass. So they don't do any treatment on site?

No. Nothing nothing any and nothing anything that I don't know a a home care would do like we don't we're not doing any surgeries. We're not doing any wet labs. We're not doing anything. This is this is for observation. Yeah. Awesome. Awesome. Um we do we do observational studies. Okay. And you also have we just talked about the internships. Um you do have and I don't know how frequently and like you said there really aren't dates in any of the any of the things but you do have educational programs available. You said

well not now because we don't have a facility. We can't run on we can't run our programs if we don't have the if we don't have the way to run them. Okay. Um, you said you're working with Grand Rapids public schools.

We have in the past. Right now, we're not because we don't have any we can't offer anything right now or to with with everything being stopped, we actually can't safely take the birds out because we don't have the facilities set up like we wanted to. And we've been sitting on this for 4 months now and not being able to do any work. So, both our our wonderful staff and our birds are suffering because we're actually we we're not able to to get it up to a standard that we need it to be. And unfortunately with that, especially if we're getting anything as far as like somebody coming to check place. Yeah. We're not we're not at the standard we should be because we weren't allowed to finish what we were doing. You also mentioned or not you but your paperwork mentioned that you do plant care and aquarium. You raise back here. She's our plant care specialist.

Do plants. You you So this is for the habitats. So, in creating the habitats for the birds, we actually need other specialists involved to creating live plants and fish. And and I'm going to say the most adorable thing ever is that parrots really like to watch fish. And I'm going to anthropomorphize here, but I swear to God, they're like, "How are you flying so slow as they're swimming through?" But they watch they watch fish the same way that we kind of watch television and keeps them occupied and keeps their brains activated in a non-invasive way.

Okay. Um Andership's engagement. Um there was a comment made by staff that um a year year and a half ago, however long it's been, you were over on Bridge Street. Is that correct? Yeah. Okay. And and you were told then that that was not the appropriate zone located.

Well, we actually had an anonymous I I asked for it, too. Any of our complaints I have actually never gotten a copy of, but the first one was anonymous for me living there because I get there at 6 a.m. and I leave at 9:00 p.m. and somebody called in that I was living there. We had the zoning people come in and they said, "Nobody's living here, but we see birds and we're not sure what to do with that." And this is where the the wild massification and I understand that a dog kennel might be the closest one as soon as people see animals. It's just wildly not appropriate for everything that we do. We don't do any short-term commercial boarding. We don't do breeding. We don't do any of the stuff. We're actually in the in the business of decommodification.

Okay. But you were told that that was not the appropriate place to be doing what you wanted to do there with the bird care.

Well, that was only after they told us we were a dog kennel. And as soon as they told us we were a dog kennel, that's when they said, "You can't be here because dog kennels aren't allowed." And then I said, "How do I fight the dog kennel thing?" Because we're obviously not a dog kennel. And then I was told to wait until you because this facility that we had, the old one that we were out growing and it actually wasn't up to what we needed to be. It was a struggle for about 2 years. We were told to wait until we found a facility to fight the zoning, especially if it was going to be a permanent facility. So we have the wonderful Adwigs over here that actually came to me for the work that we're doing and offered us this facility. So we had gotten started up so that we could actually fight this. We were we were gearing up to do this. We just were told to wait until we had an appropriate place to actually go for the reclassification because we couldn't reclassify a building if we weren't going to stay in it.

Okay. So, you did not understand that operating the business you wanted to operate in a traditional business area under education that's not a problem. That's the thing is like as we're dealing with I I understand that. But you were told at that time that what you were doing and the way that staff was handling it, what we were told at the time by Rowan and and Scott was, "We're not here to shut you down. The work that you're doing is great. We just have some clerical stuff and figure out this building isn't probably going to work." And I agreed with them. The building that we were in wasn't going to work. And so we were told to why wouldn't the building work because of

because it was condemned a couple years prior to it and we weren't told by the landlord. And it was an entire Okay. Um, according to the paperwork that we've been given by by staff, you were also told it was because of where it is and what it what that whole area is classified as serving the community with businesses for the community. Why? And that's why it's called a traditional business district. Um, okay. And but you chose another permanent location or hopefully a

well we went off the guidance that we a we're not a kennel and that was where are that what we do under what it says in the law actually I can have my council come up and talk is this something that as far as what we're actually zoned for like because this is this is the thing is that we fall under what Grand Rapids has for both civil or for civic services and educational that we fall under that. So, this is where we put together our stuff, but we can't actually do the educational stuff if we don't have the facility and we were told to get the facility first so that we could fight the zoning. Okay.

Because you same zoning district on a different street and that's what I was confused. There's not very many options that we have in the work that we do. and we had a community member reach out to us and tell us, "We like what you're doing and we have a place. We have an old gym that we're not going to be able to reuse without putting a whole bunch of money into it. Will this work for you?" And actually, it works wonderfully for us the way that it's laid out with a lot. Did you reach out to staff to make sure it was a place that you could set up before you started renovating? I mean, well, we didn't start renovating yet. We we didn't even get to a place where we knew what permits to pull.

Okay. like we just had to get the birds in and and and moving birds is I I know that you guys don't have any experience in this, but I'm going to let you know moving giant birds is an incredibly difficult operation. And unfortunately, we lost eight in the move, even though it was only about four miles and it's incredibly difficult. I don't think any of us up here disagree with the fact that um it's a great mission and your enthusiasm is overwhelming which they need. The birds need to for this to be a success. Any founder of any kind of business, especially a nonprofit, needs to be passionate about what they do and the birds have got you.

So, it's not even that. I mean, it's awesome. No, it is. It's awesome. Um, but I'm just trying to figure out how you ended up going from a space that was not appropriate and and you're saying it wasn't appropriate because the building was falling apart. Um,

well, that was just that was honestly that's neither here nor there. The building that we were in wasn't going to be permanent. And when talking with the zoning or the planning department, they told me that if this isn't going to be a permanent, you fighting this zoning thing right now isn't going to be the best option. find a facility first and then fight the zoning. Okay. And so that's what we did. We followed we followed to the tea in everything. And I think our plan in there, our actual agenda and itemized plan for how we were going to address this that actually dealing with the zoning and legality was number three on after securing a facility.

So when you got this property on Leonard, you went to the staff and said this is where we want to set up and they said no, you can't because it's a traditional business district. No, nobody told us that. Okay, I'm in a he said, she said situation here. Um, is that am I incorrect? Staff, I'm happy to come up and provide context on the order of operations if you would like to. I don't know if we need that level of information to interpret the the code. So, I'm as the inspector, I'm saying, oh, I don't know that you need that. That's relevant questioning in front of us.

Awesome. I Even some of the things that I asked I felt got a little off, but I I needed to understand the request and the operation and context.

We're not a kennel and we don't practice in any kennel activities even as far as with the very loose interpretation of animal husbandry. When you do look at the USDA definition of animal husbandry, it's the boarding, breeding, training or anything for the utilities of humans. Unfortunately, we are not doing this to better humans. This is about bettering the birds and we need to educate people so that we can do that because unfortunately we're facing a pretty big extinction crisis. Um and a lot of these a lot of these tropical birds that we're dealing with about 60% of the birds that we have in there on the critically endangered species list. Okay.

And we somebody needs a custodian. And as much as as much as I get you want me to go away, the problem won't. And as as what as far as it is, the crisis, especially here, we have people that out in New York, in California, in the Midwest, we have nobody picking up this. So, we're dealing with a crisis of unwanted birds right now, whether they're being left led outside, whether they're being flipped and rehomed. And then people like the U, uh, the ASPCA, the Humane Society have no idea what to do with them, and they actually deal with them the same way that you would aggressive dogs. they just put them down. But through our educational programs, through the work that we do in the five domains of captive care that was established in 2015 and child developmental trauma techniques, we're actually able, we've got a 95% success rate of resocializing these birds. And when I say resocializing, I don't mean for humans. This isn't about resocializing for people. I mean resocializing them so they're not angry all the time and they're not aggressive. And we take a look at the same way that we deal with young children that bounce around from home to home and we see the same exact problems. and we're just we see a problem and we're actually doing something to help and we found a way that works gang busters.

And I don't want you to go away from here thinking we want to get rid of you. We just want to That's what my That's what I was told. Um Rowan said at the CIA meeting that we do not want a aviary here in Grand Rapids. So that's why I'm saying that. Okay. Um Siobhan was there. I just want to all I want to do is is find the appropriate place and that's here today to do it to do. So I I don't think any of us up here are thinking we want to get rid of you. It's just what you're doing is awesome. It really is. Where where does it work for everybody? I think this works wonderfully where it is. Okay. Um yeah,

obviously. And we're going to go through the code interpretations and figure it out for you. Okay. Thank you so much. Not a problem. Okay. You want public comment now? Yes. Okay. Public comment. And uh we're not arguing or not debating today, I should say, about dog kennels. We're we're we really want to um hone in on how this fits in an educational use, a social or service club use, or a social service facility. So, if you could address your comments to that, we would really be grateful. I'll do my best. And your name for the record.

My name is Ed Ladwig and I'm the property owner. I own Leonard West. Oh, okay.

I met Jiren about seven, eight months ago. He was on Fox News. He's losing his place. I got a gym moving out. What a great idea. I got mirrors in there. I got restrooming facilities. And I said, Jiren, you know what? I own nine strip malls. I follow the laws. I don't know all the particulars. You need a place. I got a place. We got Blanchard Nature Center a couple blocks away. Okay. We got the zoo not that far away. Did I break the law as a landlord by bringing them in? Maybe I did. Maybe you throw me in jail. I don't know. But I've seen a need. I went to his facility on Bridge Street. It was a dump. Excuse me. It was bad. But I had the gym go out a business and I've um owned strip mall for over 10 years. As you guys know, Myers Thrifty Acres used to be at that location.

So, it's a big facility. Um I think right now I've got 10 tenants in the building and I think nine out of 10 of them did send you guys letters and we do have some people here in the audience from my strip mall. They all wrote letters of support. There's a lot less traffic in there than a gym. It's a lot less noisier.

It's clean. It's nice. Uh yeah, maybe at first when he moved in there might have been a lot of excitement going on, but right now it's beautiful. Okay, it's I would appreciate if you guys could go in there, see how nice it is. It's it's it's calm and soothing. But anyhow, that's what I had to say. I would love to have a question from you guys as the property owner, and I'm putting it to good use. Maybe I we jumped the gun. Um, but I will tell you this, the minute I got the letter, the day I got the letter, I called the city and we didn't ignore it. We didn't try to hide. We had a meeting right away with Rowan, um, he got kind of demanding with me. Well, we we need you to get in front of them right away. Well, you need to give us some time. You know, in the Matthews house, you guys gave them 90 days for them to do their homework. I just asked them for some time. He gave us some time. So, that's why we're here. Now, if we need more time to work on more issues to make sure that they're done, we can do that. I want you guys to know as the property owner, I did not call any HVAC companies. I did not call any plumbers. Everything's pretty much all intact. I I didn't call any electricians. what's there is there. Um, if somebody comes in, maybe it might not be up to code because maybe we put some extension cords somewhere and and he put some cages for birds, but the mirrors are still on the walls, the bathrooms are still there and and I think it's a very unique place and um I'm just doing what I can do as a a westider and I think this is a great addition to our west side and um not any complaints with all my tenants and if anybody was mad it would be my tenants and I I think they all love it. Anyhow,

awesome. Any questions? No. Okay. Thank you so much for your time. Anybody else?

Good afternoon. Good afternoon. My name is Craig Gray. I'm the owner of Ronin Martial Arts. I'm Garren's neighbor. So awesome. Um he's been a great neighbor. Um, and it's been quiet. There's no smells. The cars aren't in and out as much as the gym was and everything Ed had said. Uh, but I just wanted to show my support for their operation. Okay. All right. Thank you. Awesome. Thank you so much. Oh, he's going to get a second bite at the apple. I don't know about this. Oh, no. It's not the same person. Sorry. I'm I saw him get up from the chair right next to you. Sorry about that.

Hi.

Hello. Um my name is Matt Zimmerman. I'm a volunteer and board member with Albatross Aviary. I stumbled upon Albatross Aviary a little over two years ago. Uh just found them by mistake scrolling on the internet. and I've always had a love for birds and um when I started volunteering with them, uh what really struck me was that it is a community and it's a place to build community and everywhere that Albatross Aviary goes, it has an impact in a positive way on the community. Um, having been at the old building for as long as we were, everyone in the neighborhood knows Birdman. Everybody, we would sit out in the parking lot to take a break after we got done doing a bunch of cleaning or something and just passers by. Everyone that walked by, "Hey, Birdman. Hey, Jiren." Everybody knows him. I have a similar hat to him, and if I'm wearing it, they think I'm him. So, sometimes I get called the Birdman. Um the beard I don't know

we would go out we'd we'd you know neighborhood kids would come by in the summer we give them popsicles and stuff uh you know we in on the holidays sometimes we would bring people in and we do open houses people from the community would come in visit the birds which is an enormous undertaking when you're working with all these birds that are being rehabilitated and and you know uh their rescues and they're they're surrendered and our our community and our volunteers would get together and we work really hard. In the summer, we did a a little uh carnival in in the parking lot for the for the kids or you come in, play games and stuff like that, say hi to the birds. It it it's it's got a positive impact and and now that we've moved to this new facility, this new building, people are starting to know us. The neighbors are here. We go down the street to go to the store or something, they know who we are. They know where we're coming from. They're familiar with what we're doing. Um and and and the impact that it's had on the bird's lives has been they they wouldn't they don't have anywhere else to go. These birds, they come from all over the place. They get people call us every day. We get dozens of calls every day. Hey, there's this bird in my yard or hey, my grandma died and she's got this 40-year-old bird. Um you know, do you are you guys you know, people call us all the time looking for veterinary help because they don't have any. We can't provide that, but we can point them in the right direction. But it provides a service that just isn't there. Uh it is about the birds, but it's about building community. And I I think we've found a home and we would like it. It would be in the best in benefit, best interest of the community and the birds and everybody involved if we could stay there. Thank you.

Thank you. Next. It's okay. You can line up. Whatever makes you comfortable. Hello, my name is Corey Bast. Thank you.

Um I'm a business owner right below Jiren. Uh so as it being the Meyer store, there used to be loading docks off of McDonald Street there. So I rent the space underneath. Um my business is online business where I sell mostly clothing. So I would be the first one to complain like if there was like smells or stuff like that because my customers would be complaining. Um but there's no noise. It's there was louder noise with the gym with dumbbells dropping than there are with the birds. And I can actually hear dogs across the street more than I can the birds. But I just reiterate that um I think it's a great asset to the community and I think you allow him to stay there. That's all. Thank you. Thank you.

Sure.

Yeah. I can relate. First of all, thank you all of you for what you do. Thank you, Rowan. He's been wonderful. Um, it's my fault. I saw Jiren on Fox 17. I was so impressed with what he does. I knew the building was literally disintegrating around him. I knew we had this open space. So, we went over to the old building and I went, "Oh my stars." and he said, "Yeah, I've got to get out of here, but then I've got to go ahead and get, you know, permission from you guys to reszone it, not a dog kennel." And um we were so impressed with what he's doing. I wish he could train my children, which are all probably your age, and our dog, but um he does a wonderful, loving job. He's been nothing but a pleasure to have. And I feel my life is enriched to know him and his work. And I personally call him Noah. He's like Noah building the ark. He's doing a great job. Thank you.

Thanks. I need her name. Oh, ma'am. Excuse me. I guess we didn't get your name for the record. I'm sorry. Kathleen Ladwick. Thank you. You need to be chair.

Hi. Hi. My name is Megan Vanzant. Um I'm on the board as the event coordinator. Um, I I got into this because of the plants. I became the plant specialist. Um, but I got to know the birds and I got to know Jiren. Um, and I got to know the mission of really the education purposes, what this provides. Um, it's been one of the things that I've done several events now with Jiren. And one of our biggest things is not just the kids that come to learn about the birds that sit down and listen to him, um, but the adults too. Um, we did events that, you know, we have people from all age ranges of all over. Um, and that's where I go back to this being an educational facility. Um, my friends that have kids, they want to come back. They want to learn more. They want to be a vet. They want to do this, they want to do these things, but they don't have a lot of exposure and we don't have a lot of these options. Um, especially when it comes to exotic animals in the area. Um, the Humane Society does day camps. It's something that we would love to do in the future is to be able to bring in kids, teens, things like that. Um, especially with this location because we're so centralized. We're on a bus line. That's not an option that a lot of other places have that we do have. Um, and then as a volunteer there, I've gotten to work with the Grand Valley students that are volunteering and doing um these observational studies, and the amount that they're blown away um by this opportunity is astounding. Um they they love it. You can see them light up. They you can see that they're they feel incredibly blessed to have this opportunity that they they wouldn't have anywhere else. Um, so you know the the work here we're doing, like I said, we are a bird

sanctuary. We are there to take in these birds, but we are using them as a resource to be educational. So, no, we don't take in birds to use them, but it kind of works out where we can take these birds in, give them a happy home, but also use them to educate kids, uh, college students, and yeah, the random adults that come by and that are fascinated by this. So, um, yeah, it's, like I said, it's definitely more of an educational facility and it's somewhere that I like this building, I would hate for it to not get zone correctly for what fits our needs and the community needs. So, thank you.

Yeah, thank you. Okay, you stop.

There you go. Good afternoon. My name is Greg Todd. I'm councel for the averary and I'm a bit confused about uh today's hearing. First off, we hear from staff that we're here to determine the classification of this business. Then we're told, well, it doesn't really matter what we hear. The classification's already been decided. It's a kennel. So, the question I have is that if if kennel's not up for grabs, where does this educational debate come into? If the board here determines that the educational piece is a small aspect of it, but really they're a kennel, I still have issue with that from a due process standpoint because the classification is legally incorrect. It's arbitrary and it's unsupported by Michigan law. Kennel is one of those things. It's not defined by the city ordinance, which I've taken a look at, at least the relevant portions. And so, we have to go to state law. And when you look at state law, there are certain things that are required of a kennel. First of all, it's specific to dogs. It's specific to behaviors that are done with dogs. And the aviary in this case doesn't do any of those things. The bottom line is is that staff's decision by their own words, by their own admission, was is that kennel was the closest thing. Well, determinations can't be made by what's closest. They have to be based on fact and law. And in this case, it lacks an adequate determining principle. It's not based on competent material or substantive evidence. And it seems to be more of a whim or convenience than any sort of predetermination. This is an abuse of discretion and it's completely arbitrary. And this board has the ability to correct that. There's no evidentiary support that this is a kennel. There are no dogs housed in the aviary and commercial k uh kennel activities do not occur. All of those things are again defined.

There was harm caused by this classification because the stop work order was entered and you've heard about some of the things, but there's been damage to facilities. There's been injury to birds. The threat that's been caused by this mclassification is real and it's ongoing. And the biggest problem that I have with this whole thing is is that whether or not you agree with the educational piece being the primary purpose or the best fit classification, the staff is conveniently overlooking that a permitted use of this zoning activity or this zoning parcel would be animal services. Now, it specifically excludes boarding, which may be a counterargument that they have, but boarding is also one of those terms that's defined by law. Boarding is generally overnight or some short-term situation that involves this is a sanctuary and it is more of a service that's being provided in addition to the educational pieces to this. So, we would argue that the authority has the ability to act and if nothing else, I would encourage it to not act hastily and just go along because it's the easiest thing to do. Thank you.

I'm sorry. What do you want to respond? Okay. Um I'm not sure if it's appropriate for me to respond, but um we're here considering We got one more coming.

Oh, sorry. That's okay. Hi. Um, hi. My name is Tara G. Bliss. I am president of Westside Apostla. I shared uh the wall directly behind Jared in the bird sanctuary. Um, I just wanted to touch a little bit on the educational part of it. Um, I had the pleasure of going over and touring his facility and the wealth of knowledge that he has in that head of his is just amazing. and like he was able like I I can't repeat you know anything that I learned that day because my memory isn't well but you know he he I do believe he would be um good for our community and for um educational purposes to get kids in there and adults cuz like me like I said I was in there and so many different I'm like oh really oh really like I had no idea I'm an animal lover um so I think these birds deserve a chance to you know be in in their sanctuary. Um have visitors that are willing to learn all about them and um you know I think it's a good thing for our community. Um I do want to just touch a little bit because I am directly behind them. I do not smell them. I do not hear them compared to where the gym was there. They were very loud uh music all the time. Um you know they're quiet. They're the best neighbors I could ever ask for. And I really don't want to see them go anywhere.

Thank you. I'll try and be quick. I'm sorry.

My name is Siobhan. Um, I started as a volunteer as well. I'm a business owner, so I needed a some sort of avenue to just get my mind off of things, which is when I started at the aviary and I definitely got in deeper than I expected because now it's a very big part of my life. Um, education. I know so much about birds. I did not go in there knowing so much about birds, but um growing up I think I had a little bit of pet PTSD because they'd come into our house. My sister rescued all the things and then they'd just disappear, be rehomed. So it was kind of my way of giving back, especially with birds. Um and so now my neighbors call me like, "I have a bird in the garage. What do I do?" And so I've got all those answers, but also just to see my daughter and how she has thrived coming in and like I don't know if you have 10year-olds, but getting them to do anything. She comes, she will wake up at the crack of dawn with me and scrape cages out and do anything that she has asked. And she has actually even been asked to help train one of our birds to be an ambassador. Um, so the things that she is learning to is just you can't you can't even fathom it. Um, and then as I said, I'm a business owner. I'm an interior designer. Um, so one of the things that I love that we are working on with Grand Valley. Um, I have my certificate in neuroesthetic design. So I have been learning all about I have my bachelor's degree in interior design, but I've been learning now how um design actually affects our brain and how we um how we react to things. So what we're looking at with our enclosures specifically with some of our macaw is right now they are so sad and depressed and so we are looking at once we start adding to their enclosures how their moods and temperaments change

with each phase. So, as someone who is into neurosthetic design, I'm really excited because seeing how their environment is affecting them and seeing how we can make it beautiful for them and how they're going to thrive really excites me. So, on that education aspect, I'm really excited to see what the aviary is going to do um for not only all the birds, but specifically some of these that do do need more of that interaction and engagement. Awesome.

Thank you. Thanks. Anybody else? Came all the way down here. No. Okay. Do you want to close the public hearing? I move we close the public hearing. I'll second. Okay. Uh, all those in support? I I

opposed. Okay. Would you like me to jump in? I'll start with my report to the board. Um, and maybe at the end of the report, if appropriate, I'll give a motion and then we can discuss the motion and move on. Excuse me. Can I ask staff just to do one thing? Um can you explain how we have focused in on the topics that we're discussing today that you know in in answer to how did we get to this you know education social piece?

Sure. The the items identified one through four on page three of the staff report. Is that what you're asking about chair? under board considerations those those three specific uses. Yes, because we were just asked, you know, I'm not sure how why we're discussing what we're discussing today. Yep. Um those are the uses listed in the applicant's application to the applicant asked us to look at these three areas of our code. Yep. The the request in the application is for educational use or or social service use facility that was listed in the application. Is is there a classification for animal services?

There is a definition for animal services. Yes. And I can pull that up. Um I would defer to the attorney on the the scope of maybe the the board's request and review today. Um but I can certainly pull that definition up. Um yeah, I think it's totally fine if you want to look at that definition. Um, I think as Rowan said, the interpretation as presented is summarized in the staff report, but there there's no harm in looking at that definition if you want to.

I guess I also have a question more broadly as to if I'm understanding this correct, we're deciding whether avary I don't even know how to define it. Avary something falls under education broadly or they specifically are defined as educational. This determination is not specific to like yes the applicant is the one bringing this request but an interpretation of the board will apply to all aviaries and bird sanctuaries existing in future within the city of Grand Rapids.

Why? um because it's a code interpretation and I'll defer to maybe the attorney on the specifics. Could they bring a different kind of application where it' be specific to them? They could bring a use variance. A use variance. Okay. Was that a discussion that you had? It was. It was one of the the options outlined to the applicant at our meeting in October. um after the the initial violation um at 1620 Leonard Avenue Northwest

and I guess is a I mean they're very focused on a specific site, right? A specific location and a use at that location. So if we were to accept or if they were to accept I should say their their definition is kind of as put out there by the the planning department. Is that use acceptable in that zone district? In the TNTBA zone district? No, it is not a permitted use in that zone district. But animal services is a permitted use in that zone district. Without looking, I can look at the use table. I I'll look at that and Okay. We can see. Yep. Say it again.

Uh Mr. Mr. Lewis asked if animal sales services and daycare um which is defined as an establishment that includes sales, grooming, or other services or daytime care of dogs, cats, and similar small animals. Typical uses include pet stores, dog bathing and clipping salons, and pet grooming shops, but not including overnight boarding. Um, so that use of animal services is a permitted use in the TNTBA zone district without boarding. Correct. Without boarding.

Yeah. And I guess is is there a use out there that combines housing of animals plus education within the zoning ordinance or is there like if we left it as kennel for whatever reason? Could they also do education at the location?

I I don't see why why not. Um, I don't believe that the definition and classification of kennel um as a most similar use under the zoning ordinance would prevent them from doing any educational accessory activities. I would maybe want to give that a little bit more thought before giving a concrete answer, but I'm looking at the city attorney is some support on that too. I would also hesitate to sort of hypothesize about other scenarios on the record. Yeah. Okay. Yeah. Great. Yeah.

Okay. Because just to be clear, if we were to consider the um it's gone now, but the animal usage that's the same thing is true of like this car this uh code interpretation carries for all future similar uses. Correct. It would be a legal interpretation of the zoning code, which is why as as Rowan said in the staff report, your decision would apply to throughout the city. It's not a it's not a parcel specific decision and it's not a fact-specific decision like EU use variance would be right which is tied to that parcel and that specific proposal um which runs with the land for that parcel but doesn't apply anywhere else has no presidential value.

Yeah, understood. Thank you. Yep. I'm good. I'm sorry. Nope. You ready for me? No, I'm I'm good. I just wanted to make it clear why we're looking at educational, social, or service things. And I guess I want to start out because we said, oh, we could consider other things. Generally, my understanding is we consider the request that is brought forward. So um at the end of this whatever happens we still have to act on this request because this is the request in front of us.

Exactly. So yes,

um, as so as I kind of start with my report, I guess there's a couple of things that I want to preface perhaps more for some of our audience members and the board members because um, the audience all sat through where we just did a um, dimensional variance and there we talked about substantial detriment and I guess I want to say that um, or point out to everyone and make sure we're all aware that in an interpretation like this, we are not asked to um base a determination on um the substantial detriment of a use. Um and even in those cases when we do that, we're required to look beyond the actions of a specific applicant or current occupant

because variance runs with the land. So when zoning looks at things um they have to look at the activity and the activity once approved can be there forever. It can transfer ownership. So someone can be a good neighbor or a bad neighbor. Um and it doesn't really matter for zoning purposes. What matters is the activity. And in this case, in an interpretation, it doesn't so much matter if the activity is a good activity or a bad activity. It is how that activity fits into the zoning ordinance. So, I was perhaps both narrow and broad as I as I approached this. Um, and I think we've probably talked a lot about the whole dog kennel. Um, I saw Mr. Rowan or Mr. Brady's comments saying that wasn't an issue. So, I was very narrow. I looked at whether or not we should be treating a bird sanctuary or an aviary as an educational or service institution. And if that applied just to this one or anyone who wanted to come in who might not be knowledgeable, who might not be a good aviary owner or might not be a good neighbor, we have to look at the entirety of the city, all its zones. Um, what's allowed in city center, what's allowed in commercial districts, all of them. So,

residential,

I I kind of went through all of that um and really focused and I appreciated all the information that was was put in, but um getting back to my notes here, the issue is just whether a bird sanctuary or aviary should be interpreted to be basically and therefore treated as an educational services or a civic social services facility for purposes zoning. So I started out saying, well, the zoning ordinance doesn't really define bird sanctuary or aviary and but what it says is if something is not defined, it's it's common definition or what uh Miriam Webster says. So I went to Miriam Webster. I said,

"You're going to be sorry you assigned me this." Yes. Okay.

I'm very thorough, I hope. Um, so I went to Miriam Webster and said, "What is a sanctuary?" And it's defined as a consecrated or religious building and a place of worship or a place of refuge and protection. And I looked up aviary and it's defined as a place to keep birds confined. Now, neither definition was included that it was a place of education. And I maybe could have stopped there, but I didn't because I decided that the question and the materials that provided by the applicant really warranted a deeper dive. So I started by looking at the purpose and the primary versus ancillary or operational and support activities of an aviary. And I looked at the applicant's materials and his reasoning as kind of a micro um or case example to see how it could inform a larger or a macro look since this ruling would impact other requests. So one looking at the articles of incorporation of the entity filed with the state and I'm just going to read this again. The Albatross Aviary is a perpetual bird sanctuary, rescue, and foster care facility. The Aviary is a nonprofit corporation designed to take in, house, and socially rehabilitate unwanted, neglected, and stray exotic birds. So, that's the what they do. They take in, they house, and they socially rehabilitate their birds. Now, how the applicant or any bird sanctuary or aviary provides that service is what the applicant I believe was asking us to look at and asserts is

the basis for the interpretation that we're really an education facility. and they put that forth based in large part on their partnerships with local educational institutions like GVSU and their their 16-week internship programs. um some student research projects and individualized study courses that they um partner with and pointed out or requested that these activities be used to qualify them to be defined as an educational services institution. So I started to think about that and I think it's important to note that internships, mentorships, in-house and on the job training programs, self-directed studies by students are common almost standard element of many private and nonprofit businesses. Accounting and law firms engage interns to do work on site. Medical clinics have residents and interns. long-term care facilities, homeless shelters, any residential program that uses an MSW student or an intern to fulfill that mission would have the same argument. A stable, a horse stable that allows vet students to come in and work on the horses. an agricultural business that has 247 care and feeding of all sorts of animals, manufacturing, welding, meaning maintaining machines and operations overnight. Almost any profession or business requiring licensing or certification requires or at least encourages individuals to participate in internships. And if the board were to interpret that these activities qualified an entity to

be treated as an educational use for purposes of zoning, it would effectively allow any one of those above activities to be located in almost any zone throughout the whole city either by right or special use. And I don't believe that would be consistent with the zoning ordinance. The next test I looked at though was I applied the question of if the purpose or primary function of the entity and the educational component on which they're spending some time and resources could be separated or performed distinctly from each other or not at all. Would another aviary have internships? Would they go out and do public education? Is it part and parcel core to their mission? Is it a requirement, a legal requirement? And I found nothing to indicate that education about care and feeding or even rehabilitation of the birds must take place at a 247 residential facility for those birds or sanctuary. Students could study and attend lectures in a classroom or online and come to the aviary to do field work. And I think this is parallel to animal or human residential business mentioned above all the ones I just listed. Medical or social work professionals take their classes elsewhere and come to facilities to get their practical experience. And on the flip side, as I said, an aviary or the other industries cited are not required or need to have educational opportunities on site. I also looked at the education as an

advocacy or marketing um function for how they do their business and how they achieve their mission. And again, I don't think this is unique to bird sanctuaries or aviaries. I think all the other businesses that I mentioned could make that same claim. It's simply good business to work with the community to help them understand to further your mission, but that doesn't transform your mission or your purpose for purposes of zoning. Um if the bird if a bird sanctuary if we make this interpretation that a bird sanctuary is an educational institution. A bird sanctuary or an aviary could come to us that is not offering educational activities or advocacy education. and it would be inconsistent for us to determine then that they were an educational institution. So we would have set up a contradiction in our own ordinance. Um and that entity would not be fulfilling would not meet the definition that way. So it just started to spiral in a way that was getting difficult to align. And I think the same test in reasoning applies to the idea that bird sanctuary or an aviary should be considered as a social or service club. Bird advocates can come together for support, advocacy, fundraising, or almost any other purpose outside of an aviary. and an aviary can still operate and fulfill its primary mission of physically caring for birds

247 without hosting those types of activities. Um, and there's actually an example of such an organization. I did um look up the Great Lakes Avocultural Society and and that is the type of organization they are. And reviewing their Facebook page and publications, they meet regularly at another service club. They meet at the Boy Scouts Clubhouse and while they have on occasion met at Albatross Aviary, um they primarily meet elsewhere. And this to me kind of reinforce that the primary function of the bird sanctuary as a social club social service agency could not be consistent because it's also distinct and separable from the purpose of the aviary. So based on those findings, basically the bird sanctuary or aviary is not by definition does not by definition have the primary purpose or role of educational or social service. that hosting, participating in, or providing academic or professional learning activities to support a business operation does not transform or replace the primary purpose of an animals of a bird sanctuary or aviary, which is housing and providing refuge. and that the activities of education and social service can be distinguished, separated, and offered separately from the primary purpose when delivering annual animal sanctuary or aviary services. So based on all that, I'm going to move that an animal that a bird sanctuary or

aviary is beyond the scope of the zoning ordinance definitions of those uses. I support any comments? Yeah, would be in there. Oh, James,

I I'd like to acknowledge that the the zoning ordinance and how it gets interpreted and use and use variances are very complicated and it's got to be incredibly frustrating for the applicant uh right now to be sitting out there and listening to us talk about this in this way because I don't actually think the applicant intended to bring forth the application that they did bring forward. Um I I if I don't think they intended it for us to broadly rule on whether all aviaries in Grand Rapids are an educational facility or social service um facility. Um I think they probably intended us to narrow at least um judge narrowly on on their intended on them they themselves and not not the broad use. Um, now I I think that if they had brought the narrow version of it, the outcome might not have been different. Um, but I would use this maybe as an opportunity to encourage them to come forward with another variance specifically either to their use as a animal services organization or um as a property use variance live with the the kennel definition, but say, you know, we think we're a kennel is an appropriate use here on this site at this property. I I'd be happy to hear either of those those variances and and um yeah,

I I would concur with that, Commissioner Lewis. And I think um um Miss Swanson, I think to your point, the fact that it would need to be so broadly available is um where in lies the difficulty. So yeah, I I would concur

and and I will say I struggled with this because it is not again just like we can't really take a good neighbor into consideration, good neighbor characteristics into consideration. We also cannot take this is a community service or a necessary service or a valuable service into consideration. we have to be very narrow and look at this specific use and the question that was before us. So any other comments? I think it was well put Mr. Lewis. Okay.

Thank you. Okay. Uh the motion on the table is that um we find that there is this is not an educational use, social or service club use or a social service facility. I I would just say use the word this and that an aviary is not an avary that the a the aviary use Yeah. is not okay. I accept that. So, is that okay? Yeah. Okay. Okay. All those in favor? I opposed.

Okay. All right. Mr. Brady, will you work with them? Hello. Okay. Thank you. Sorry. Um I'm going to open it up for public comment at the end. So, um I need to know if there's uh further business. There isn't. Oh, I thought you said there would be. Oh, okay. Next month. Next month. Okay. Um, so then I will open it up to public comment now if you want to. I agree.

No, you need to come to the microphone, do the name thing all over again. Um, and uh, understand that the determination's been made. Oh, yeah. Okay. I think No, it's fine. I'm Siobhan again. I think part of the frustration is since this is new to all of us. Yep.

As a nonprofit, $100 for a submission for a fee or like every single dollar counts. So, we submitted what we were told, the paperwork we were told. And so to have to do that again with how much money we don't bring in and how much we have to feed the birds and make all these enclosures, I think that is the most hard. I I totally agree. I as a designer, I know zoning, so I understand that you are changing like a whole terminology for everything. I think that where we're frustrated is that we just did all this work for a completely incorrect application or process or whatever it is and now we're out all this money to try and earn it again to redo all of it. Um so the frustrated things I just wanted to explain that

No, we understand. We're not always loved. Trust me. Yeah. Yeah. Thank you. Thank you for your kind words. Oh, okay. One more. I I believe the the planning staff have waved reapplication fees in the past. Well, let's not up to suggest for them. Okay, go ahead. We got the

We've been following to the tea the advice from city planning. That's why this is so frustrating. We were told this was what we had to fight for to get this and that only the a special land or variance and was very muddy the whole thing was because we're not asking for every aviary. We're asking for Albatross Aviary that's our name. I don't know like it it was an aliteration old school people fits fine in the front of the phone book like I don't know I'm not trying to say every aviary is a educational institution. I'm saying what Albatross Aviary is doing specifically is and it's the only one in the Midwest doing it. Thank you.

Okay. Couple of things before we leave. Yes,

we will work with the applicant to see what we can do on the reduction in fees. There was direction given to look at the commercial zone district areas within the city because that would require special land use rather than a use variance. Those discussions happened back in 2024, I believe, um at the facility with staff and the applicant. Um that wasn't followed through with that location or looking for a location within the commercial district. Um so that we are where we are today because of some decisions were made. We worked with co- compliance and the applicant gave them time to go through these processes rather than proceed forward with any citations um from co- compliance. So Mr. Brady had worked um diligently with the applicant trying to look for different options and one of those options is in front of you today or was in front of you today.

Any other comments? Any other business? Okay. Um, again, if you're going to miss obviously we'll have a meeting next month. If you're going to miss it, please let Mr. Brady know. Um, and thank you all for being here today. I really appreciate it. Thank you. We're adjourned.