CITY OF CHARLEVOIX

BOARD OF APPEALS

Minutes

Wednesday, August 18, 1999

City Hall -- City Council Chambers

7:00 p.m.

A) CALL TO ORDER

The meeting was called to order by Vice-Chairman Lenhart at 7:05 p.m.

B) ROLL CALL

Members present: Lenhart, Carlson, Smith and Gengle

Members Excused: Withrow and Staley

Members Absent: Linse

Others present: Gerry Harsch, City Planner

Dianne M. Manore, Zoning Administrator

C) DESIGNATION OF ALTERNATES

Mr. Gengle was designated as alternate

D) APPROVAL OF MINUTES

The Minutes of July 21, 1999 were approved as presented.

E) APPROVAL OF AGENDA

The agenda was approved as submitted

F) INQUIRY INTO POTENTIAL CONFLICTS OF INTEREST

None

G) PUBLIC HEARINGS

1. Country Days, Inc.-224 Bridge Street - Case #99-21ZBA

The Board received one letter of objection from Carey's Boot Shop.

Mr. Lenhart introduced the case.

Mr. Amick, President of Country Days, Inc., explained that they are trying to be unique with the building and to create as much retail space as possible. This is the reason for the split entry in the front with two retail floors. To accomplish this, we need to go into the ground with a basement level. The requested rear footage includes a parapet wall and will provide space for the mechanicals.

The peak on the rear will be a facade. This will accommodate the mechanicals and still allow for four floors. The actual roof level will not be at the 37 1/4' height. He pointed out that his architect used the 100' foot mark from Bridge Street as a base line.

Mr. Harsch stated that the figures shown on the Applicants cross section drawing are not correct for the rear of the site.

Mr. Carlson pointed out that the street side elevation should be 29'.3" and not the 27'. Mr. Amick stated that if the variance is granted, it would measure 29'.3".

Mr. Amick, Mr. Harsch and the Board reviewed the figures shown for the street side elevation. Mr. Carlson pointed out that on the lakeside, the measurement is 37'.3" from the bottom grade, which is 8' below the bottom grade. If you took out the 8' feet it would be 29'.3" on the street side.

Mr. Harsch pointed out the elevations that were done for Mr. Hisey's variance for Harbor Plaza are correct. These elevations are consistent with the other buildings in the area.

Mr. Lenhart opened the discussion to the public. Ms. Wiesler

asked if this variance is granted, can other downtown store owners add another story to their buildings.

Mrs. Weislik, Town House Bar, stated she would like to go up as high as Mr. Amick is proposing. If they go up that high she will not be able to see anything. She stated she is only 27' high. Mrs. Weislik stated she would like something in writing or something on the record that she could increase the height of her building in the future.

Ms. Brenda Teague, Mason & Jardon, expressed concern as to whether this building will obstruct her view. She pointed out that during her discussions with Mr. Amick, he has indicated that her view will not be disturbed. She stated that her height from the ground to the top of her building is 34'. She requested that Mr. Amick allow her to see a copy of the development plan. She pointed out that the look of this building is exceptionally good for the look of Charlevoix.

Mr. Lenhart closed the public hearing. Mr. Harsch stated that the issue of other people being granted variances would have to be taken up by the Board at the time of application. There is no provision for the Board to grant any assurance that action on this case will assure the same variance for others.

Setbacks are not at issue in this case. The only issue before the Board is the height request. He pointed out that the land on this side of Bridge Street contains a slope, while other properties in the CBD do not have the same elevations.

Mr. Lenhart explained the findings of fact and Special findings that must be met before the Board can make a decision.

Motion by: Carlson Supported by: Gengle

to approve the height variance of two and one quarter feet (2 1/4')

for Country Days, Inc., Case #99-21BA at 224 Bridge Street. This variance is granted on the basis that such variation is necessary for the preservation of the substantial property right possessed by other properties within the same zoning district. This is due to the fact that the Board has approved a greater height variance for Harbor Plaza. This property is unique due to the fact that there is a substantial difference in grade between Bridge Street (29'.3") and lakeside (37'.3"). The only grade that will apply is the lakeside elevation.

Ayes: Lenhart, Carlson, Smith and Gengle

Nays: None

Motion Carried

H) OLD BUSINESS

None

I) OTHER COMMUNICATIONS

Mr. Harsch asked if the Board members wanted to continue receiving

copies of the Planning and Zoning publication. The member stated they did not wish to continue with this publication.

K. PUBLIC INPUT, NOT RELATED TO OTHER AGENDA ITEMS

None

L. ADJOURNMENT

The Board adjourned the meeting at 7:40 P.M.

Respectfully submitted,

Dianne M. Manore, Zoning Administrator