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7/2/2007 10:34:00 AM
Commissioners turn down sign variance
Shelly Strautz
Staff writer
STANTON - A Crystal-area business owner has to move his new gas station sign after the Montcalm County Board of Commissioners rejected a variance request last Monday.
Donald Wilson, owner of Wilson Auto Sales and the Wilson Party Store at the corner of Stanton and Crystal roads in Ferris Township, sought the variance during the commissioners' Economic Development and Physical Resources Committee meeting.
It would have allowed him to keep a lighted Sunoco sign that recently was installed too close to the roadway. The sign is part of an expansion that includes installing gas pumps on the site at 9015 E. Stanton Road.
Wilson told the commissioners he was unaware of the building code, which requires a 25-foot setback from the road right of way. He said the property was purchased in 1997 and he "was excited because (there is) no zoning in Ferris Township."
Thus, he said he didn't realize he needed a permit for the project.
Wilson explained that the sign for both of his current businesses was erected without a permit and that "now starting our third business we put up a Sunoco gas sign in the same area as previous signs without knowing the need for a permit."
However, the issue came to light when the company hired to install the sign informed Wilson of the permit requirement.
County Building Official Scott Minard said one of the sign installers visited his office and submitted an application, but a permit was not issued. The sign, however, was installed.
Minard visited Wilson's business and found the sign's location violated the setback requirement by being six feet too close to the roadway. He told the commissioners Monday that he had spoken with Road Commission for Montcalm County officials and learned they "don't want it there because it's in the road right of way."
The committee voted 3 to 1 to turn down Wilson's request. While empathetic to him, they reminded Wilson that he was responsible for meeting building code requirements.
"You as citizen don't have any right to put anything in the road right of way," Committee Chairman John Johansen explained to the commissioners. "The sign went up. While they made an application for a permit, there was no permit issued."
"You're not the only person who believes that because you are not in a zoned township that there are no rules," he said. "You are learning the hard way."
District 6 Commissioner Ron Baker said he was concerned for public safety.
"Any sign in the road right of way should be of the breakaway type," he said.
Wilson's sign is secured atop steel posts that are bolted into cement pillars sunk five feet into the ground.
"I think of the safety of the situation if someone happened to hit that sign," Baker said. "It is a real issue that we have to think about. It's not going to break."
District 2 Commissioner Dan Petersen agreed.
"It's unfortunate," he said. "I empathize that he's a business and is trying to support economic development. It's important but it's a close second behind safety."
District 1 Commissioner Marcia Walker voted "no" on the motion, saying she "understands" the committee's position, "but I think it's a shame to do anything that discourages business."
Because the request was denied, Wilson will have to relocate the sign to meet the setback requirement. The committee suggested that he meet with Minard and the road commission to determine a resolution.
Staff Writer Shelly Strautzcan be reached at sstrautz@staffordgroup.com or (616) 754-9303 ext. 3055.
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