Zoning Board of Appeals

ZONING BOARD OF APPEALS MEETING MINUTES August 9, 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 Sam Gray Carlyle Sims Bill Hanner Becky Squires Members Excused: None Staff Present: Marcel Stoetzel, Deputy City Attorney Glenn Perian, Senior Planner, 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. Note: Chairperson John Stetler stated he would be abstaining from acting as Chair and voting on appeal #Z-04-16 as he has a conflict of interest. Vice-Chair Mr. Sam Gray will be presiding regarding appeal #Z-04-16. NEW BUSINESS: A. Z-04-16 (161 Honey Lane): Petition from Tom and Christina Poleski, 218 Apple Blossom Lane, Battle Creek, MI 49015, requesting a dimensional variance to allow an accessory building to be built in a front-yard on a lake property with a 3 ft. side-yard setback for a property zoned “R-1B Single Family Residential District”. The permit application is requested pursuant to Planning and Zoning Code, Chapter 1286.05(a). Mr. Glenn Perian provided the information regarding the dimensional variance appeal #Z-04-16 is a petition from Tom & Christina Polesski, requesting a dimensional variance to construct an accessory building on the road side front yard, 3’ from a side property line at 161 Honey Lane, in an R-1B zone. Ch. 1286.05 of the planning and zoning code require that a detached building shall be allowed in the 1 of 2  Zoning Board of Appeals August 9, 2016 Minutes Page 2 of 2 waterfront front yard observing front and side yard setbacks required for the main building. The property is exceptionally narrow at approximately 50’ wide and the property slopes quite dramatically, approximately 20’ towards the lake making compliance with Ch. 1286 virtually impossible for locating an accessory building on the property. 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, (b, 1, a though d) of the planning and zoning code for dimensional variances and the Zoning Board can approve the variance, as requested in appeal Z-04-16. For these reasons and those listed in the staff report, we are recommending approval of this appeal. Mr. Tom Poleski, Jr. was present to speak regarding his appeal stating the lot is narrow with a slope and that what they are asking is similar to other homes in the neighborhood. Stated he is asking approval of his dimensional variance as submitted. Vice-Chair Mr. Sam Gray 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-04-16 FOR AN DIMENSIONAL VARIANCE; TO ALLOW AN ACCESSORY BUILDING TO BE BUILT IN A FRONT-YARD ON LAKE PROPERTY WITH A 3 FOOT SIDE-YARD SETBACK FOR PROPERTY ZONED “R-1B SINGLE FAMILY RESIDENTIAL DISTRICT”, LOCATED AT 161 HONEY LANE; SECONDED BY MS. BECKY SQUIRES. Discussion: None MR. SAM GRAY ASKED FOR ANY ADDITIONAL COMMENTS, SEEING NONE A VOTE WAS TAKEN; ONE ABSTAINED (STETLER); SIX IN FAVOR (DAVIS, GRAY, HANNER, MORENO, SIMS, AND SQUIRES) BASED ON THE FINDINGS AND AGREEMENT WITH THE STAFF REPORT; MOTION APPROVED. APPROVAL OF MINUTES: MOTION MADE BY MR. CARLYLE SIMS TO APPROVE THE JULY 12, 2016 ZONING BOARD OF APPEALS MINUTES AS SUBMITTED; SECONDED BY MS. BECKY SQUIRES. VOTE ON MINUTES APPROVAL: ALL IN FAVOR; NONE OPPOSED; MINUTES APPROVED. COMMENTS BY THE PUBLIC: None COMMENTS BY THE MEMBERS / STAFF: None ADJOURNMENT: Meeting was adjourned at 4:13 P.M. Submitted by: Leona A. Parrish, Administrative Assistant, Planning Department