Zoning Board of Appeals

ZONING BOARD OF APPEALS MEETING MINUTES April 12, 2016 4:00 P.M. CALL TO ORDER: Mr. John Stetler, Chairperson called meeting to order at 4:00 P.M. ATTENDANCE: Members Present: Deland Davis James Moreno John Stetler Samuel Gray Carlyle Sims Bill Hanner Becky Squires Members Excused: All Present Staff Present: Jill Steele, City Attorney Glenn Perian, Senior Planner, Planning Dept. Leona Parrish, Admin. Assistant, Planning Dept. ADDITIONS OR DELETIONS TO THE AGENDA: None CORRESPONDANCE: None OLD BUSINESS: None OPENING COMMENTS: Mr. John Stetler, Chairperson stated the meeting procedure where everyone present may speak either for or against an appeal and that he will ask for a staff report to be read and then open the public hearing. At the public hearing, persons may come forward and state their name and address for the record as it is being recorded and then speak either for or against an appeal. The public hearing will then be closed and the zoning board will discuss and make a decision. Mr. Stetler stated if denied the petitioner may appeal to the Circuit Court. NEW BUSINESS: A. Z-02-16 (36 Richards Pl.): Petition from Ms. Abigail Marie (Kidder) Irons, 36 Richards Pl., requesting a use variance to legally permit use as a single-family (is zoned 0-1 Office District). Mr. Glenn Perian stated appeal #Z-02-16 is a petition from Ms. Abigail Kidder Irons, requesting a use variance to legally allow a residential use at 36 Richards Pl. The property is currently zoned O-1 Office District and residences are not a permitted use in the O-1 district. The property is being used as a residential unit, was built in 1940 as a residential unit, has continually been used as a residence, and is in a residential neighborhood. The Zoning Board of Appeals can approve, approve with conditions, or deny this request. Planning staff has reviewed the standards outlined by statute and ordinance and it is our opinion that the appellant has met all the standards out lined in Chapter 1234.04, (c, 2, a though d) of the planning and zoning code and the Zoning Board can approve the use variance requested in appeal Z-02-16. We would like to remind the Board that a concurring vote of 2/3rds of the Board’s membership, or 5 votes, is required to approve this request. 1 of 3  Zoning Board of Appeals April 12, 2016 Minutes Page 2 of 3 Ms. Abigail Irons, 36 Richards Pl. and Ms. Talia Champlin came forward to speak. Ms. Champlin stated the city provided a zoning letter which allowed a loan in November 2015 and since that time FHA has strengthened their standards and now are requiring a 100 % rebuilt letter and that the recent zoning letter provided will not be acceptable and that is why they are here today. Stated they have persons ready to purchase their property and need this approval by the zoning board for the loan to be processed. Mr. Carlyle Sims asked if they talked to their neighbors about their request and also everyone within 300 ft. received a notice and we have not had anyone submit in opposition. Ms. Irons stated yes, that was correct. 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 APPEAL #Z-02-16 FOR AN USE VARIANCE; WITH A USE VARIANCE IT WOULD NO LONGER BE LEGAL NONCONFORMING BUT LEGAL CONFORMING USE TO ALLOW THE RESIDENTIAL USE ON PROPERTY ZONED “0-1 OFFICE DISTRICT”, LOCATED AT 36 RICHARDS PL.; SECONDED BY MR. DELAND DAVIS. Discussion: Mr. John Stetler stated in 1960 it was allowed as a residential use and now it has changed and the ordinance codes are for the year 2020, which is a 60-year difference and feel this ordinance needs to go before the Planning Commission for a change and that he will persist to have it changed. Mr. Deland Davis asked Mr. Perian if there were a lot of properties in the neighborhood that were not unique and if a person came in and wanted to use it for a business could they; as the zone is still O-1 Office use. Mr. Perian stated it does not change the zone as it will still be O-1 Office zone and that this neighborhood block is not unique. Said in the new Master Plan; this is an example of being cleaned-up as far as the zoning. Mr. James Moreno asked Mr. Perian regarding the current ordinance noting the 50% rebuild and if they approve today will it then be allowed at 100%. Mr. Perian stated yes. Mr. Carlyle Sims stated he believes the Legal Non-Conforming Ordinance should go to the Planning Commission and be reviewed as there are other areas in the Lakeview District that are similar. Mr. Perian stated the Master Plan will address those properties. MR. JOHN STETLER ASKED FOR ANY ADDITIONAL COMMENTS, SEEING NONE A VOTE WAS TAKEN; ALL IN FAVOR BASED ON THE FINDINGS AND AGREEMENT WITH THE STAFF REPORT; NONE OPPOSED, MOTION APPROVED. B. Legal-Non Conforming Discussion: Mr. Glenn Perian stated there was information provided in their meeting packet for today; noted in the past they have had discussion regarding ordinance standards for nonconforming buildings and uses and they surveyed other city ordinances and explained how they deal with them. Mr. Perian asked  Zoning Board of Appeals April 12, 2016 Minutes Page 3 of 3 everyone to review and give their comments and they would then have the city attorney’s office review for submittal to the Planning Commission for any changes. APPROVAL OF MINUTES: CHAIRPERSON MR. JOHN STETLER ASKED FOR ANY OPPOSITION TO MINUTES AS SUBMITTED; SEEING NONE ASKED FOR A VOTE TO APPROVE MARCH 8, 2016 MINUTES AS SUBMITTED. VOTE ON MINUTES APPROVAL: ALL IN FAVOR; NONE OPPOSED; MINUTES APPROVED. COMMENTS BY THE PUBLIC: None COMMENTS BY THE MEMBERS / STAFF: Mr. John Stetler stated he would like to see residential use allowed in all zones so they do not need to demolish them as there are a lot of homes that should not be demolished. Mr. James Moreno stated if you allow residential in all areas, it could cause a problem for persons wanting to sell their properties as it has done so in the past. Mr. John Stetler stated in the old Battle Creek Township they were zoned residential properties and now are not allowed to rebuild when there are other residential properties in the area. ADJOURNMENT: Meeting was adjourned at 4:19 P.M. Submitted by: Leona A. Parrish, Administrative Assistant, Planning Department