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Zoning Board of Appeals

Regular Meeting

Battle Creek, MI · October 14, 2014

AgendaMinutes

Minutes

ZONING BOARD OF APPEALS MEETING MINUTES October 14, 2014 4:00 P.M. CALL TO ORDER: Mr. John Stetler, Chairperson called meeting to order at 4:00 P.M. ATTENDANCE: Members Present: Greg Dunn Carlyle Sims Samuel Gray John Stetler James Moreno Members Excused: Rick Barnes, Deland Davis and Becky Squires Staff Present: Glenn Perian, Senior Planner Leona Parrish, Admin. Assistant, Planning Dept. Chairperson Mr. John Stetler welcomed Mr. Samuel Gray as a new Zoning Board member. ADDITIONS OR DELETIONS TO THE AGENDA: None CORRESPONDANCE: None OLD BUSINESS: A. Zoning Board of Appeals By-Law Review Article VIII, Section 7 Mr. Glenn Perian stated a vote will be required at today’s meeting for approval of the revised bylaws as the introduction of the revision was presented at last month’s meeting; referenced page 9 of 9, Section 7, Article VIII of document. Mr. John Stetler asked if there was any further discussion, seeing none he would entertain a motion. MOTION WAS MADE BY MR. CARLYLE SIMS TO APPROVE THE REVISION TO ARTICLE VIII, SECTION 7 OF THE ZONING BOARD OF APPEALS BY-LAWS AS PRESENTED; SECONDED BY MR. SAMUEL GRAY. Discussion: Mr. John Stetler asked regarding Article 7, Sec. 1(e) stating “insurable value” change. Mr. Glenn Perian stated this section is written based on the city ordinance and would need to be changed within the City Zoning Ordinance; which is required to be approved by City Commission and would need to be worked on at the Planning Commission level. Mr. John Stetler stated he has wanted this to be changed for some time. Mr. Perian suggested we approve the by-law revision written for today’s meeting and then discuss the “insurable value” and have Ms. Christine Zuzga take it to the Planning Commission for a revision in the city ordinance. 1 of 3 Zoning Board of Appeals October 14, 2014 Minutes Page 2 of 3 Mr. Greg Dunn asked if they could offer up a change and amend the motion just made to have it included. Mr. John Stetler stated no, he does not want it to be omitted as there needs to be a value noted and he does not want to be the one to set that amount. Mr. Greg Dunn said they can substitute the SEV amount as it is the established amount for assessments. Mr. Carlyle Sims stated in the past when someone wanted to rebuild and if it were zoned industrial they could have been rebuilt and put back on the tax structure; where now there is nothing there. Mr. Greg Dunn asked if they could amend the bylaws to strike the phrase “more than 50%” and replace with “not more than the SEV amount”; asked if they can draft it now and have presented under New Business to be reviewed at their next meeting. Mr. Glenn Perian asked if what they were requesting was under Article VII, Section 1(e) to strike “more than 50%” and replace with “to the extent of its SEV value”; all agreed. MR. JOHN STETLER ASKED FOR ANY ADDITIONAL COMMENTS, SEEING NONE A VOTE WAS TAKEN; ALL IN FAVOR; NONE OPPOSED, MOTION CARRIED MOTION WAS MADE BY MR. GREG DUNN TO REVISE ARTICLE VII, SECTION 1 (E) OF THE ZONING BOARD OF APPEALS BY-LAWS TO STRIKE “MORE THAN 50%” AND REPLACE WITH “TO THE EXTENT OF IT’S SEV VALUE SUBJECT TO THE PLANNING COMMISSION AMENDING THE PLANNING AND ZONING CODE”; SECONDED BY MR. CARLYLE SIMS. Discussion: Mr. James Moreno stated a change in the ordinance takes precedence over our bylaws. Mr. Glenn Perian stated they can bring back and/or withdraw later if need be. Mr. Greg Dunn agreed. MR. JOHN STETLER ASKED FOR ANY ADDITIONAL COMMENTS, SEEING NONE A VOTE WAS TAKEN; FOUR IN FAVOR (DUNN, GRAY, SIMS, & STETLER); ONE OPPOSED (MORENO), MOTION CARRIED NEW BUSINESS: A. Approval of Zoning Board of Appeals Meeting Dates for Year 2015. MOTION: WAS MADE BY MR. CARLYLE SIMS TO APPROVE THE ZONING BOARD OF APPEALS ANNUAL MEETING DATES FOR YEAR 2015, AS PRESENTED; SUPPORTED BY MR. JAMES MORENO. ALL IN FAVOR; NONE OPPOSED, MOTION CARRIED –DATES APPROVED. APPROVAL OF MINUTES: Zoning Board of Appeals October 14, 2014 Minutes Page 3 of 3 MOTION: WAS MADE BY MR. JAMES MORENO TO APPROVE THE AUGUST 12, 2015 ZONING BOARD OF APPEALS MINUTES AS PRESENTED; SUPPORTED BY MR. GREG DUNN. ALL IN FAVOR; NONE OPPOSED, MOTION CARRIED –MINUTES APPROVED. COMMENTS BY THE PUBLIC: None COMMENTS BY THE MEMBERS / STAFF: Mr. Greg Dunn welcomed Mr. Sam Gray to the Zoning Board as a member. ADJOURNMENT: Meeting was adjourned at 4:16 P.M. Submitted by: Leona A. Parrish, Administrative Assistant, Planning Department

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