September 18, 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: Witthoeft, Cross, and Horton
Members Excused : Withrow, Anderson and Nuttle
C) DESIGNATION OF ALTERNATES
Mr. Horton was designated as the alternate
D) APPROVAL OF MINUTES
The Minutes of June 19, 2002 were approved as presented
E) APPROVAL OF AGENDA
The Agenda was approved as presented
F) INQUIRY INTO POTENTIAL CONFLICTS OF INTEREST
There were no potential conflicts of interest
G) PUBLIC HEARINGS
1. Case #02-16ZBA - Baldwin - 404 Michigan Ave.
Mr. Stebe, Contractor, presented the case. He explained that
in the past, there was a roof over the existing porch. The Applicant
would like to restore the house to its original style.
This would require that the overhangs encroach into the side yard
setback by 4.5'.
Staff pointed out that the overall lot coverage would increase
slightly to 29.1%. The rear lot coverage would not be impacted
by the new porch roof.
Mr. Horton pointed out that the work done to this house is a great
improvement to the neighborhood.
Staff did not receive any comments from any property owners within
300' of the Applicant's property.
The Board reviews the following conditions and 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.)
This is an appropriate use of
the land 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.
(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.
(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.
The Board agreed that there are
exceptional and extraordinary circumstances which apply to this
property since the shape of the lot is an unequal trapezoid and
that the traditional orientation of the houses along Michigan
Avenue create an unusual situation.
(c) That such variation is necessary
for the preservation of a substantial property right possessed
by other properties within the same zoning district.
Motion by Cross Supported by Horton
to grant a 4.5' variance in the side yard setback for Case #02-16
ZBA to allow the Applicant to construct a roof over the existing
porch.
The Board agreed that there are exceptional and extraordinary
circumstances which apply to this property since the shape of
the lot is an unequal trapezoid and the traditional orientation
of the houses along Michigan Avenue create an unusual situation.
Ayes: Horton, Witthoeft and Cross
Nays: None
Motion Carried
2. Case #02-17ZBA - Snabes - 204 Michigan Ave.
Mr. & Mrs. Snabes, Applicants presented their case. Mrs. Snabes
explained that they are asking for 13' side yard (south) and 14.5'
side yard (east) setback variances to allow the relocation of
their garage. She stated that they meet all the variance conditions.
Mrs. Snabes reviewed the variance conditions. She stated that
moving the garage would promote safety and allow them to enter
Michigan Avenue (US 31) instead of backing onto the highway. This
is a one time variance and will not reoccur in the future. We
will not be encroaching onto anyone's property and will not be
effecting anyone's view. She pointed out that it is a hardship
backing out onto US 31. This is the only access to our property.
In addition, our driveway is the only one in the area that requires
ingress and egress onto US 31 (Michigan Avenue).
This variance would allow the peaceful use of their property and
promote the public health and welfare of the residents of Charlevoix.
Staff stated there was one phone call of support from Robert Beamont
of 301 Michigan Avenue.
Mr. Horton stated that he thought it was against the City law
to back onto Michigan Avenue (US 31). He stated this move should
have been done years ago.
Mr. James De Hollander, 202 Michigan Avenue, agreed with moving
the garage, but expressed concern that it would be built on the
lot line. Mrs. Snabes pointed out that there would be 3' between
eaves and there would be approximately 4' between foundations.
Mr. Dehollander requested a copy of the minutes.
The Board reviewed the variance conditions and special findings.
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.)
This is an appropriate use of
the land 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.
(d) Not cause substantial adverse
effect to properties in the immediate vicinity or in the zoning
district where the variance is located.
The property owner at 202 Michigan
Avenue has indicated
that there may be a substantial adverse effect to their property
if the garage were moved within three (3') feet of her garage
eave. Two other neighbors indicated they did not feel this would
create a problem.
(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.
The Board agreed that there are
exceptional or extraordinary circumstance which apply to this
property due to the configuration of the lot and narrowness at
the rear portion of the property.
In addition, there are safety
considerations involved in backing onto Michigan Avenue.
(c) That such variation is necessary
for the preservation of a substantial property right possessed
by other properties within the same zoning district.
Motion by Horton Supported by Cross
to grant Case #02-17ZBA a variance of 13' in the south side yard
and 14.5' in the east side yard to allow the Applicant to move
their garage from the north side of their property to the south.
The Board granted these variances on the basis that there
are exceptional or extraordinary circumstance which apply to this
property due to the configuration of the lot and narrowness at
the rear portion of the property.
In addition, there are safety considerations
involved in backing onto Michigan Avenue
Ayes: Witthoeft, Cross and Horton
Nays: None
Motion Carried
H) OLD BUSINESS
Motion by Cross Supported by Horton
to approve the following Decisions & Orders as presented
1. Decision & Order - Case #02-11ZBA - Millington
2. Decision & Order - Case #02-12ZBA -
Robinson
Ayes: Cross, Horton and Witthoeft
Nays: None
Motion Carried
I) OTHER COMMUNICATIONS
The Board discussed available dates for Jim Young's presentation.
It was suggested that a special meeting may be required, based
on Mr. Young's and Staff's availability. November was suggested.
J) NEW BUSINESS
K). PUBLIC INPUT, NOT RELATED TO OTHER AGENDA ITEMS
L). ADJOURNMENT
The meeting was adjourned at 7:30 P.M.