Zoning Board of Appeals

ZONING BOARD OF APPEALS MEETING MINUTES June 13, 2017 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 Carlyle Sims Bill Hanner Becky Squires Mark Jones John Stetler James Moreno Members Excused: All Present Staff Present: Marcel Stoetzel, Deputy City Attorney Glenn Perian, Senior Planner, Planning Dept. Leona Parrish, Administrative Assistant 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. If a petition has been denied the petitioner has the right to appeal to Circuit Court. NEW BUSINESS A. Z-02-17 (14360 Renton Road): Petition from Nicholas and Paula Lautzenheiser, 14360 Renton Rd., Battle Creek, MI 49015, requesting a use variance to allow two residential structures to be temporarily on a Single Family Legal Non-Conforming split zoned “I-2 Heavy Industrial District” and “Ag Agricultural” zoned parcel in order to demolish the existing structure and build a single-family modular home. The permit application is requested pursuant to Planning and Zoning Code, Chapter 1288.01. Mr. Glenn Perian provided information as written in the staff report regarding the current structure noting it was built in year1900 and is considered a Legal Non-Conforming property. Requesting a use variance to allow two structures to be temporarily allowed in order to build a new structure and then demolish the original. Mr. Perian stated staff recommends approval and noted that a 2/3 vote of board member approval would be required in order to approve this variance. 1 of 3  Zoning Board of Appeals June 13, 2017 Minutes Page 2 of 3 Mr. Lautzenheiser, 14360 Renton Rd., was present and stated he was here to ask to be allowed to build a new home and then demolish the old structure. Chair Mr. John Stetler asked if there was any further discussion; seeing none, he would close the Public Hearing and entertain a motion. MOTION WAS MADE BY MR. CARLYLE SIMS TO APPROVE APPEAL #Z-02-17 FOR AN USE VARIANCE; TO ALLOW TWO RESIDENTIAL STRUCTURES TO BE TEMPORARILY ON A SINGLE-FAMILY LEGAL NON-CONFORMING PROPERTY; IN ORDER TO BUILD A SINGLE-FAMILY HOUSE AND THEN DEMOLISH THE EXISTING STRUCTURE AS STATED IN THE APPLICATION AND FINDINGS IN THE STAFF REPORT FOR PROPERTY ZONED “I-2 HEAVY INDUSTRIAL” AND “AG AGRICULTURAL”, LOCATED AT 14360 RENTON ROAD; SECONDED BY MR. DELAND DAVIS. Discussion: Mr. James Moreno asked regarding Planning Commission’s approval of the new Master Plan this year and if they are putting the cart before the house in approving this request. Mr. Glenn Perian stated it is not necessary as it is zoned Agriculture and Residential use and will conform to the Master Plan. Mr. Mark Jones asked if it was agricultural zoned on the east side of the railroad tracks. Mr. Perian stated yes, as stated on page 2, in the staff report. Mr. Marcel Stoetzel, Deputy City Attorney asked Mr. Perian asked if in the staff report page one last paragraph it should read “ Cedar Creek Golf Course is located to the south and west of the property, vacant, industrial and residential property is to the southeast, west, and north of the property.” Mr. Perian stated that is correct; it should read southeast instead of southwest. 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. APPROVAL OF MINUTES: MOTION MADE BY MR. JAMES MORENO TO APPROVE THE MAY 9, 2017 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: Mr. Carlyle Sims noted the applicant today will be improving the neighborhood and will be an asset to the city. All agreed. Mr. Glenn Perian stated he is working on the city’s Legal Non-Conforming ordinance to clean it up.  Zoning Board of Appeals June 13, 2017 Minutes Page 3 of 3 Staff stated the City Commission just approved the revision of the Fence and parking ordinance and new Landscape ordinance that will become effective tomorrow. Noted they are available on the city’s web page under Planning Department for review. Mr. Mark Jones asked regarding the Legal Non-Conforming ordinance 50%, and how it will be changed. Mr. Perian stated where it states 50% of “insurable value” it will become “assessment value”. ADJOURNMENT: Mr. John Stetler made a motion for the meeting to be adjourned; all stated in favor, meeting was adjourned at 4:13 P.M. Submitted by: Leona A. Parrish, Administrative Assistant, Planning Department