ZBA Meeting

Zoning Board of Appeals Brian Tideswell, Chair Chuck Bayly Judith Gulliver Michael Bembas Chari Lawton John Bolf Ron Schwark CITY OF ALGONAC AGENDA FOR ZBA MEETING Thursday, October 15, 2020 7:00 p.m. This was an electronic meeting held under authority of EO 2020-154 due to the Coronavirus pandemic. Meeting called to Order Chair Tideswell called the meeting to order at 7 p.m. Roll Call Present: Bayly, Bembas, Bolf, Gulliver, Lawton, Schwark, Tideswell Absent: None Others: James Hall, Bruce Bull, Vicki Bull Pledge of Allegiance Chair Tideswell led the Pledge of Allegiance Citizens to be Heard None Approval of Minutes Motion by Bayly; supported by Gulliver to approve ZBA Meeting Minutes of 9.17.2020. Motion carried. Roll Call Ayes: Bembas, Bolf, Gulliver, Lawton, Schwark, Tideswell, Bayly Nays: None Communications and Notices Chair Tideswell noted neighbor Mark Gistinger wrote to say he was in favor of the variance request at 2008 E. Park. Unfinished Business 10.15.20 ZBA Minutes 1  None. New Business ZBA Case #2020-07, 2008 E Park Motion by Bayly; supported by Gulliver to open the public hearing at 7:03 p.m. Roll Call Ayes: Bolf, Gulliver, Lawton, Schwark, Tideswell, Bayly, Bembas Nays: None Chair Tideswell stated he went out to the property and had no issues with the request for variance. Mr. Bayly and Mr. Bembas stated they agreed with Chair Tideswell. Motion by Bayly; supported by Gulliver to close the public hearing at 7:06 p.m. Roll Call Ayes: Gulliver, Lawton, Schwark, Tideswell, Bayly, Bembas, Bolf Nays: None Motion by Gulliver; supported by Bayly in the case of #2020-07, 2008 East Park, to approve the requested variance and permit construction of an attached patio cover over an existing wood deck for the following reasons: (1) Such variances will not be detrimental to adjacent property or the surrounding neighborhood; (2) Such variances will not impair the intent and purpose of this article; (3) Circumstances create a practical difficulty because of unique physical conditions; (4) Such variances are necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same zoning district and vicinity; (5) This situation is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situation; (6) This situation is not the result of actions of the property owner; (7) That strict compliance with ordinances would unreasonably prevent the owner from using the property for a permitted purpose; (8) That the variances requested mitigate the hardship; (9) That the variances will relate only to property under the control of the applicant. This motion includes the following conditions: a. The variance shall expire, without need for action by this Board, if the appropriate approvals are not sought and obtained within one (1) year. b. The approval of this variance shall not be rationale for any future variance requests. c. Any additional variance requests may be grounds for revocation or revision of any variance that is granted. 10.15.20 ZBA Minutes 2  d. Any violation of the terms and conditions of the ZBA decision or of any requirements of the City’s Ordinances may be ground for revocation of the variance. e. The appropriate permits must be applied for and obtained prior to installation. Motion carried. Roll Call Ayes: Lawton, Schwark, Tideswell, Bayly, Bembas, Bolf, Gulliver Nays: None Adjournment Motion by Bayly; supported by Gulliver to adjourn the meeting at 7:11 p.m. Motion carried. Roll Call Ayes: Lawton, Schwark, Tideswell, Bayly, Bembas, Bolf, Lawton Nays: None Signed:__________________________; respectfully submitted____________________ Chair Brian Tideswell City Clerk Sam Boelke 10.15.20 ZBA Minutes 3