June 5, 2002
On-Site - 104 Palmer
7:00 P.M.
A) CALL TO ORDER
The meeting was called to order by
Chairman Withrow at 7:00 P.M.
B) ROLL CALL
Members Present: Horton, Anderson,
Cross, Witthoeft and Withrow
Members Excused: Nuttle and Ostling
C) DESIGNATION OF ALTERNATES
Mr. Horton were designated as alternate.
D) APPROVAL OF MINUTES
The minutes of April 17, 2002 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
ITEM #1 Case #02-08ZBA - Gustin - 104 Palmer
The Board inspected the
site. The Applicant pointed out the condition of the rear wall
and the topography of the rear yard. The Board also inspected
the access easement located between the two houses.
Staff pointed out that the lot is irregular in shape and that
it contains steep topography.
The Board reviewed the site plan and floor plan of the proposed
addition. They agreed that there are no other alternate locations
for the addition.
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:
The Board agreed with staff's recommendations outlined in the
general findings.
(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 addition 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-2 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.
(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 minimal due to the character of development along this section
of the street.
(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 determined that similar
variances have been granted in the same zoning district. Other
residences on Palmer have received similar variances.
Motion by Witthoeft Supported by: Horton
to grant Case #02-08 ZBA a side yard variance of ten (10') to
construct a two story addition to the rear of the existing residence.
This variance is granted on the basis that all the general findings
have been met.
It has been demonstrated that special finding #3 applies to this
case in that such variation is necessary for the preservation
of a substantial property right possessed by other properties
within the same zoning district.
Ayes: Withrow, Witthoeft, Cross, Horton and Anderson
Nays: None
Motion Carried
H) OLD BUSINESS
The Board elected Greg Withrow, Chairman
and A.J. Witthoeft, Vice-Chairman
I) OTHER COMMUNICATIONS
None
J) NEW BUSINESS
None
K). PUBLIC INPUT, NOT RELATED TO OTHER AGENDA ITEMS
None
L). ADJOURNMENT
The meeting was adjourned at 7:20 P.M.