CITY OF CHARLEVOIX

BOARD OF APPEALS

Minutes


December 18, 2002
City Hall - 1st Floor

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 Excused: Cross
Staff Present: Harsch and Manore


C) DESIGNATION OF ALTERNATES

Mr. Horton was designated as the alternate member.

D) APPROVAL OF MINUTES

The Minutes of November 20, 2002 were approved as corrected.

E) APPROVAL OF AGENDA

The Agenda was approved as presented

F) INQUIRY INTO POTENTIAL CONFLICTS OF INTEREST

None



G) PUBLIC HEARINGS


Chairman Withrow introduced the case. He explained that this request was tabled from the last meeting to allow for a legal opinion. That legal opinion, dated November 21, 2002 can be found on page seven of the staff report.

The legal opinion states that a detached accessory building can not exceed sixteen (16') feet and one (1) story. This opinion is based on past practices and applications.

Mr. Mailloux, Applicant stated he is requesting a variance to build a garage with a loft. He indicated a need for storage. There will be no plumbing installed in this structure.

Chairman Withrow asked if the proposed location requires any setback variances. Staff stated it does not. The only request for a variance is the second story of the proposed garage.

Mr. Nuttle asked for the definition of a "story". Mr. Harsch stated the ordinance defines a "story" as the distance between a floor area and the ceiling of the floor above.

Mr. Mailloux stated there will to 20' to the top of the garage. It measured 8' from grade to under the eases. From the eases to the peak the measurement would be 12'. Without the cement blocks, the measurement would be 14' to the mid-point of the roof. With the blocks, it would measure 16'.

Mr. Harsch read the following definition of a "story". "That portion of a building, other than a cellar, including between the surface of any floor and the surface of the floor next above."

Mr. Nuttle asked what would happen if there was not a "floor next above". Chairman Withrow asked if an attic would be considered a floor. Mr. Mailloux stated that there would only be open trusses above the main floor.

Mr. Harsch continued the definition of a "half-story". "A partial story under a gable, hip or gambrel roof, the wall-plates of which on at least two (2) opposite walls are not more than four (4) feet above the floor of such story except that any partial story used for residence purposes, other than by a family occupying the floor immediately below it, shall be deemed a full story."

Chairman Withrow pointed out that nobody is occupying this structure. To occupy the second story space, walls would have to be built.

Chairman Withrow stated there is no definition of "one story" that applies to this case. For that reason, the Applicant would only have to meet the 16' restriction. Mr. Harsch agreed.

Mr. Nuttle stated the proposed garage does not look like a two story garage. Mr. Anderson and Chairman Withrow questioned whether a variance is needed to build the proposed garage. It was pointed out that the structure meets the requirement for sixteen (16') to the mid-point of the roof. The other condition does not apply because the definition of a "story" does not apply.

Mr. Nuttle referred to the definition of a "story" in Section 5. 11(4). This definition has no height limitation which would eliminate any height requirement for a one story building. Mr. Anderson stated the height is not exceeding 16' and it is one story and has no living space.

Chairman Withrow pointed out that if the Applicant or a new owner wanted to change this structure into living space, it would change the situation. He pointed out that the probability of getting a variance for living space would be zero.

Staff received six (6) letters of support and one (1) letter of opposition to the proposed garage.

Motion by: Withrow Supported by Anderson

that Case #02-24ZBA be dismissed on the basis that Section 5.32(8) of the Zoning Ordinance, the Applicant does not need a variance since his proposal complies with the 16' height requirement and definition of one(1) story.

Ayes: Nuttle, Anderson, Withrow, Witthoeft, and Horton
Nays: None
Motion Carried

Mr. Harsch pointed out that the Zoning Board of Appeals cannot issue a fee refund. That is a function of the City Council. He pointed out that this matter had to go before the ZBA for an interpretation.

Chairman Withrow asked that Staff take this matter of detached accessory buildings and height to the Planning Commission for review. Staff pointed out that it has already been scheduled for review by the Planning Commission.

H) OLD BUSINESS

None

I) OTHER COMMUNICATIONS

None

J) NEW BUSINESS

1. Approval of meeting schedule for 2003.

The Board approved the meeting schedule for 2003 by voice vote.


2. Election of Officers for 2003

By voice vote, the Board re-elected the current officers for the year 2003.


K) PUBLIC INPUT, NOT RELATED TO OTHER AGENDA ITEMS

None

L). ADJOURNMENT

The meeting was adjourned at 7:30 P.M.