Zoning board tables five West Cork Street cases after NFP review and public-notice gaps

The City of Kalamazoo Zoning Board of Appeals tabled five variance requests for properties at 112–132 West Cork Street on May 14 after staff and legal counsel said the applications lacked required Natural Features Protection (NFP) board review and the revised site plan on display had not been properly noticed.

Staff member Pete (staff member) told the board the five cases were first presented at the board's Feb. 12 meeting and were continued to allow the applicant to pursue an NFP review. "The applicant did not go to the NFP board in either March or April, so there is not any additional information to share," Pete said, adding that the applicant had circulated a revised layout that differed from the materials included in the public notice.

"The applicant wants to change the proposal, but that wasn't noticed for tonight, which means we can't hear it," the chair said, noting that the public had not been given proper notice to comment on a changed plan. Board counsel clarified the legal requirement: "The NFP ordinance requires any variance from the NFP overlays must be reviewed by the NFP board," counsel said, adding that this board needs a copy of the NFP board's recommendation before considering the variance.

Because the required review and recommendation were missing and the revised layout was not part of the noticed materials, a member moved to table the items to the July ZBA meeting. The motion was seconded, the board conducted a voice vote and the chair declared the requests tabled until July.

Next steps: the applicant must seek the NFP board review and, if the proposal changes, be renoticed so the public has an opportunity to respond. The board indicated it will take up the cases at the July meeting if the requisite steps are completed.