February 20, 2002
City Hall - 1st Floor
7:00 P.M.
A) CALL TO ORDER
The meeting was called to order by
Acting Chairman Witthoeft
B) ROLL CALL
Members Present: Nuttle, Witthoeft,
Ostling and Horton
C) DESIGNATION OF ALTERNATES
Mr. Ostling and Mr. Horton were designated as alternates
D) APPROVAL OF MINUTES
The minutes of December 19, 2001 were approved as presented.
E) APPROVAL OF AGENDA
The Agenda was approved as presented
F) INQUIRY INTO POTENTIAL CONFLICTS OF INTEREST
No conflicts of interest were identified
G) PUBLIC HEARINGS
1. Case #02-01ZBA
- Campbell - 309 E. Dixon
Julie Whittaker and Traver Wood presented the Applicant's request.
Ms. Whittaker explained that this variance is needed to build
an attached garage. This is a corner lot, bounded by E. Dixon
on the south, Nettleton on the east, with an alley to the north.
This creates a very small building envelope.
Ms. Manore pointed out that there have been three cases where
similar variances have been granted on corner lots. (See staff
report). While those were smaller lots, the Applicant's lot also
is nonconforming. There is an adequate distance between the proposed
addition and the adjacent house. The existing porch which contains
422.4 sq.ft. will be removed, to be replaced by additional garage
space.
The Applicant is requesting a variance in the front yard setback
(Nettleton side) of 18.5' and a 3.2% variance in total lot coverage.
The rear lot coverage will not be impacted by this addition.
The existing rear porch will be removed to accommodate the new
flat roof garage. The roof of the new garage will be used as a
deck. This proposal meets the height requirements.
The Board reviewed the plans. Mr. Nuttle asked if the Applicant
is planning on removing the existing shed. Ms. Whittaker stated
the shed will remain. Mr. Nuttle reviewed the proposed dimensions
of the garage. It was pointed out that the measurements include
2' eaves. The Board also reviewed the exterior and interior dimensions.
The garage will not be as wide as the existing porch.
Mr. Harsch asked why the garage will have 2' eaves when the house
has 18" eaves. Ms. Wittaker stated they are trying to create
a 4% roof slope.
The Board reviewed the general and special variance conditions:
The Board agreed with Staff's recommendations.
VARIANCE CONDITIONS. All of the following conditions, in
the judgement of the Board, shall exist before any variance from
this Chapter shall be granted. Any variance granted shall:
(a) Not be contrary to the public
interest or the general intent and purpose of this Chapter
(This Chapter is adopted pursuant
to the authority conferred by Public Act 285, P.A. 1931, as amended
of the State of Michigan, for the purpose of promoting and protecting
the public health, safety, peace, comfort, convenience and general
welfare of the inhabitants of the City of Charlevoix by protecting
and conserving the character and social and economic stability
of the residential, commercial, industrial and other use areas,
by securing the most appropriate use of land; preventing overcrowding
of the land and undue congestion of population; providing adequate
light, air and reasonable access; and facilitating adequate and
economical provision of transportation, water, sewers, schools,
recreation and other public requirements.)
The proposed attached garage is
an appropriate use of the land and is in line with the existing
structure and does not create a situation where the intent and
purpose of the Ordinance will be compromised.
(b) Not permit the establishment
of a use within a given district which is prohibited therein.
The use requested is allowed in the R-1 district.
(c) Not be a variance so commonly
recurring as to make reasonably practical the formulation of
a general regulation by the City Council
The frequency of such requests
having similar circumstances is minimal. The board indicated that this is only the
fourth occurrence in the past twenty years.
(d) Not cause substantial adverse
effect to properties in the immediate vicinity or in the zoning
district where the variance is located.
The potential for adverse impact
is minimum due to the character of development along this section
of the street.
Mr. Wood stated he did
not know if the Applicant has shown his plans to the adjacent
neighbor.
(e) Relate only to property that
is described in the application for the variance.
The request only relates to the
property described in the application.
SPECIAL FINDINGS. If all the foregoing variance conditions
can be satisfied, a variance may be granted when the Board determines
that any one of the following special findings can be clearly
demonstrated:
(a) That there are practical difficulties
or unnecessary hardships resulting from the physical characteristics
of the property in question which make it unfeasible to carry
out the strict letter of this Chapter. Increased financial return
to the applicant shall not be considered just cause for a variance
based upon hardship.
(b) That there are exceptional or
extraordinary circumstances or conditions which apply to the
property in question that do not apply to other properties in
the vicinity within the same zoning district and which have not
resulted from any act of the applicant subsequent to the adoption
of this Chapter.
(c) That such variation is necessary
for the preservation of a substantial property right possessed
by other properties within the same zoning district.
The Board agreed that two car
attached garages are very common in the R-1 zoning district.
Mr. Horton asked if the finished elevation of the garage will
match the existing house. Ms. Wittaker stated it will.
Motion by Horton Supported by Ostling
to grant Case #02-01ZBA a front yard setback variance of 18.5'
and a 3.2% variance in total lot coverage to allow the construction
of a new attached garage measuring 28' x 32' (w/2' eaves).
These variances are granted on the basis that this request meets
the general findings and that such variation is necessary for
the preservation of a substantial property right possessed by
other properties in the same zoning district (R-1).
Ayes: Nuttle, Witthoeft, Ostling and Horton
Nays: None
Motion Carried
H) OLD BUSINESS
The following items were adjourned
to the next scheduled meeting:
1. Decision & Order for Case
#01-31ZBA - Carlson
2. Decision & Order for Case
#01-34ZBA - Hire
The Board requested that all future Decisions & Orders include
the motion and vote for each case.
I) OTHER COMMUNICATIONS
None
J) NEW BUSINESS
Election of Officers was adjourned
to the next scheduled meeting.
K). PUBLIC INPUT, NOT RELATED TO OTHER AGENDA ITEMS
None
L). ADJOURNMENT
The meeting was adjourned at 7:30 P.M.