CITY OF CHARLEVOIX

BOARD OF APPEALS

Wednesday, June 16, 1999

City Hall -- City Council Chambers

7:00 p.m.

A) CALL TO ORDER

The meeting was called to order by Chairman Withrow at 7:05 p.m.

B) ROLL CALL

Members present: Withrow, Gengle, Linse, Smith, Lenhart, Staley, Alternate Gengle

Members Absent: Carlson

Others present: Dianne M. Manore, Zoning Administrator

Gerry Harsch, City Planner

C) DESIGNATION OF ALTERNATES

Mr. Gengle was designated as alternate

D) APPROVAL OF MINUTES

The Minutes of April 21, 1999 and May 19, 1999 were approved as presented.

E) APPROVAL OF AGENDA

The agenda was approved as amended to include an extension for Jim Malewitz.

F) INQUIRY INTO POTENTIAL CONFLICTS OF INTEREST

Mr. Linse stated that he has a conflict of interest in the St. Mary's case since he receives payment from the church for his position as staff.

G) PUBLIC HEARINGS

1. St. Mary's Church - 102 W. Garfield - Case #99-12ZBA

Chairman Withrow introduced the case stating that the Applicant is requesting a side yard (south)setback variance of 45.85', to waive the required plantings between the building and parking area

(64') and an off-street parking variance of (4) four spaces. There are no similar variances that have been granted in the R-2 zoning district for a church or school.

Staff pointed out that one letter of support was received from Mr. & Mrs. Dashler.

Mr. Harsch pointed out that there is also an additional problem of height that has come to Staff's attention in the past few days. It appears that the height of the building will be approximately 27'.

It is below the height of the church by 14', but higher than the school. This will require a variance of eight (8") inches.

Mr. Harsch pointed out that this height variance was not in the notice. He indicated that he has reviewed the provisions for notification and there is no stated requirement that the notice be specific as to what the requested variation will be.

Normally, if there is a significant change in the request, there would be re-notification. Mr. Withrow stated this is a change of one (1') foot. Mr. Harsch stated the Board should go on record that they agree to hear this variance so this project can be wrapped up.

Motion by : Staley Supported by : Withrow

to include the Applicant's request for a height variance for Case #99-12ZBA - St. Mary's Church

The motion was approved by unanimous vote.

The Applicant questioned whether the side yard setback is 50' and would this variance request be reduced. Mr. Lenhart pointed out that the setback is 50' as outlined in section 5.32 of the Ordinance. The requested variance is correct.

Ms. Smith asked if this addition was based on a vote of the parishioners. The Applicant stated it was approved by the parish. The Church did conduct surveys regarding this expansion.

The Applicant pointed out the area where plantings are required. If these plantings are required, it would diminish the parking area for the site. Between the building and parking area, there is a requirement for a specific number of square feet of landscaping area. This would require a variance of 64 sq. ft. Mr. Withrow asked if other green space would count towards the required square footage. Mr. Harsch stated it would not.

Mr. Lenhart stated there were 78 existing parking spaces on the site, prior to construction. The new plan calls for 74 spaces. Even though there would be 4 less spaces, the configuration will be better than in the past. The parking area will be marked and include handicapped areas. Mr. Withrow asked if this is on street parking. It was pointed out that this will be off street parking.

Mr. Harsch explained that the ordinance requires one for each three persons that can be accommodated in the sanctuary (linear pews).

Mr. Lenhart stated they took the square footage of the existing parking against the square footage of the new parking. The Applicant pointed out that when the church was renovated, they reduced the seating in the sanctuary. He pointed out that the school can now pull the bus onto the property instead of on the street.

Mr. Withrow questioned whether the Applicant needs a variance for parking spaces. Mr. Harsch pointed out that the church can accommodate more than 220+ people.

The Applicant pointed out that the Ordinance allows for a height not to exceed 26'. The wall measures 27'. The Board was shown the elevations for the project. This will be a flat roof over the 'parish center'. It is a clear span within the building to allow for a basketball court.

Ms. Smith asked how many cars can be accommodated in the parking lot. The Applicant reviewed the plans with Ms. Smith.

Mr. Withrow asked if 26' is good for a flat roof. Mr. Harsch pointed out that if the roof had a pitch, the measurement would be taken from the mid-point. This is a flat roof. The Applicant reviewed the elevations with the Board.

The Board reviewed the findings of fact and Special findings.

It was pointed out that variances have been given to other churches in residential districts. The Congregational Church was granted a variance.

Motion by : Withrow Supported by: Lenhart

to approve variances for a side yard (south) setback of 45.85', to waive the required plantings between the building and parking area

(64'),an off-street parking variance of (4) four spaces resulting in 74 parking spaces and a one (1') foot height variance for Case #99-12ZBA. These variances are granted on the basis that such variation is necessary for the preservation of a substantial property right possessed by other properties within the same zoning district. Similar variances have been granted for the 1^st. Congregational Church and the Charlevoix Methodist Church.

Ayes: Gengle, Smith, Withrow, Lenhart and Staley

Nays: None

Abstain: Linse

Motion Carried

H) OLD BUSINESS

The Board, by voice vote, unanimously approved the following Decisions & Orders as presented:

1. Decision & Order -Buday- 1520 US31S - 99-09ZBA

2. Decision & Order -Brandi -1008 St. James Pl. 99-13ZBA

I) OTHER COMMUNICATIONS

Mr. Withrow stated that Mr. Malewitz has presented correspondence requesting an extension on his Decision and Order for Case #98-09ZBA.

Motion by: Staley Supported by Smith

to extend the variance for Case #98-09ZBA (James Malewitz) for six (6) months until January 14, 2000.

Motion carried by unanimous voice vote.

K. PUBLIC INPUT, NOT RELATED TO OTHER AGENDA ITEMS

None

L. ADJOURNMENT

The Board adjourned the meeting at 7:50 P.M.

Respectfully submitted,

Dianne M. Manore, Zoning Administrator