Zoning Board of Appeals

ZONING BOARD OF APPEALS MEETING MINUTES June 26, 2018 4:00 P.M. CALL TO ORDER: Mr. James Moreno, Chairperson called meeting to order at 4:04 P.M. ATTENDANCE: Members Present: Deland Davis Bill Hanner Mark Jones Barbara Hibiske Carlyle Sims Michael Delaware (Alternate) James Moreno John Stetler Staff Present: Marcel Stoetzel, Deputy City Attorney Glenn Perian, Senior Planner, Planning Dept. Eric Feldt, Planner, Planning Dept. Laura Rounds, Customer Service Rep., Planning Dept. ADDITIONS OR DELETIONS TO THE AGENDA: Deputy City Attorney Marcel Stoetzel stated that there was an error in the posting of the Special Meeting based on the Open Meeting Act requirements. Although the Special Meeting was posted in the newspaper and 300’ Buffer Letters were mailed to surrounding residents it was not posted on the City Website. MOTION WAS MADE BY MR. CARLYLE SIMS TO MOVE FORWARD WITH THE SPECIAL MEETING; SECOND BY MR JOHN STETLER; SEVEN APPROVED TO MOVE FORWARD WITH THE MEETING (DELAND DAVIS, BILL HANNER, BARBARA HIBISKE, MARK JONES, JAMES MORENO, CARLYLE SIMS, JOHN STETLER). CORRESPONDANCE: Amanda O’Keefe brought in letters of support on June 25, 2018 which were presented to the board members OPENING COMMENTS: Mr. Jim Moreno, 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. OLD BUSINESS: None NEW BUSINESS: A. Z-05-18 (RE: 16 Bay Pointe): Petition from James and Amanda O’Keefe, 16 Bay Pointe Battle Creek MI 49015. Requesting a Dimensional Variance to extend current garage inside the 30’ set back. , legally described as COBBLELAND PLAT # 1 LOT 17. Permit application is requested pursuant to Planning and Zoning Code, Chapters 1278.03(d)(1). 1 of 3  Zoning Board of Appeals June 26, 2018 Minutes Page 2 of 3 Chair Mr. Moreno asked the applicant to come forward and speak regarding his request for a variance. James and Amanda O’Keefe spoke on behalf of their application. Chair Mr. Moreno asked if there are any members of the public present to either speak for or against the variance. No public opposition Chair Mr. James Moreno asked if there was any further discussion; seeing none, he would close the Public Hearing and entertain a motion. Mr. Michael Delaware is an alternate and will not be voting today due to full board being present. MOTION WAS MADE BY MR. CARLYLE SIMS TO APPROVE APPEAL #Z-05-18 FOR A DIMENSIONAL VARIANCE; FOR TO EXTEND CURRENT GARAGE INSIDE THE 30’ SETBACK FOR PROPERTY ZONED R1B “SINGLE FAMILY RESIDENTAIL DISTRICT”, LEGALLY DESCRIBED AS COBBLELAND PLAT # 1 LOT 17. PERMIT APPLICATION IS REQUESTED PURSUANT TO PLANNING AND ZONING CODE, CHAPTERS 1278.03(d)(1); SECOND BY MR. JOHN STETLER. Discussion: Board members discuss no uniqueness of the property substantiates the request MR. JAMES MORENO ASKED FOR ANY ADDITIONAL COMMENTS, SEEING NONE A VOTE WAS TAKEN; SEVEN DENIED (DELAND DAVIS, BILL HANNER, BARBARA HIBISKE, MARK JONES, JAMES MORENO, CARLYLE SIMS, JOHN STETLER); MOTION DENIED. B. Z-07-18 (RE: 295 E Columbia Ave): Petition from Damron Properties LLC, 295 E Columbia Ave Battle Creek MI 49015. Requesting a Dimensional Variance to permit a sign to be closer than 10’ to the street Right-of-Way line and side property line, legally described as Masonic Heights Lot 143. Permit application is requested pursuant to Planning and Zoning Code, Chapters 1296.06. Applicant not present Chair Mr. James Moreno asked if there was any further discussion; seeing none, he would close the Public Hearing and entertain a motion. MOTION WAS MADE BY MR. MARK JONES TO APPROVE APPEAL #Z-07-18 FOR A DIMENSIONAL VARIANCE; TO PERMIT A SIGN TO BE CLOSER THAN 10’ TO THE STREET RIGHT OF WAY LINE AND SIDE PROPERTY LINE. PROPERTY ZONED O1 “OFFICE DISTRICT”, LEGALLY DESCRIBED AS MASONIC HEIGHTS LOT 143. PERMIT APPLICATION IS REQUESTED PURSUANT TO PLANNING AND ZONING CODE, CHAPTERS 1296.06; SECOND BY MR. JOHN STETLER.  Zoning Board of Appeals June 26, 2018 Minutes Page 3 of 3 MR. JAMES MORENO ASKED FOR ANY ADDITIONAL COMMENTS, SEEING NONE A VOTE WAS TAKEN; SEVEN APPROVED (DELAND DAVIS, BILL HANNER, BARBARA HIBISKE, MARK JONES, JAMES MORENO, CARLYLE SIMS, JOHN STETLER); MOTION APPROVED. Chair James Moreno asked for motion on April meeting minutes. MOTION MADE BY MR. MARK JONES ON THE APRIL 10, 2018 ZONING BOARD OF APPEALS MINUTES, SECONDED BY CARLYLE SIMS. ALL IN FAVOR; NONE OPPOSED; MINUTES APPROVED. MOTION MADE BY MR. CARLYLE SIMS ON THE MAY 8, 2018 ZONING BOARD OF APPEALS MINUTES, SECONDED BY MR. BILL HANNER. ALL IN FAVOR; NONE OPPOSED; MINUTES APPROVED. COMMENTS BY THE PUBLIC: None COMMENTS BY THE MEMBERS / STAFF: Glenn Perian discussed Zoning Board Training in August, please look for email with more information coming from staff. Laura Rounds gave overview of the paperless process. ADJOURNMENT: Chair James Moreno made a motion for the meeting to be adjourned; all stated in favor, meeting was adjourned at 4:49 P.M. Submitted by: Laura Rounds Customer Service Representative, Planning Department