Zoning Board of Appeals

CITY OF BATTLE CREEK ZONING BOARD OF APPEALS 10 North Division, Battle Creek, MI 49014 MINUTES FOR MEETING -TUESDAY, JUNE 14, 2022 MEETING CALLED TO ORDER: By Chairperson Moreno at 4:01 p.m. This meeting was held in person. ATTENDANCE: Chair Moreno asked for attendance. A roll call was taken: PRESENT: CHAIRMAN JAMES MORENO COMMISSIONER MICHAEL DELAWARE COMMISSIONER BILL HANNER COMMISSIONER NORIS LINDSEY ABSENT: COMMISSIONER MARK JONES STAFF PRESENT: SUSAN CRONANDER, PLANNING AND ZONING ADMINISTRATOR;MARCEL STOETZEL, DEPUTY CITY ATTORNEY; MARCIE GILLETTE COMMUNITY SERVICES DIRECTOR; CRYSTAL BAX, CUSTOMER SVC. REP II AND VANESSA HERNANDEZ, CUSTOMER SVC. REP II. APPROVAL OF MINUTES FOR MAY 10th, 2022 MEETING: MOTION MADE BY COMM. HANNER TO APPROVE THE MEETING MINUTES FOR MAY 10TH, 2022 AS PRESENTED. SECONDED BY COMM. LINDSEY. ALL IN FAVOR, 4-0, MOTION APPROVED. CORRESPONDENCE: None PUBLIC HEARINGS/DELIBERATIONS: NEW BUSINESS: A) Z-02-22 ZONING DIMENSIONAL VARIANCE REQUEST: Petition from Audra M. Palonen, 94 Carl Avenue Battle Creek, MI 49037, requesting a variance to allow a hen enclosure in her property's east front yard, instead of the rear yard, as required by the City's Urban Livestock Ordinance 608.30 (c) (1) A. due to the petitioner's property being a double fronted lot bordering two streets with two front yards and no rear yard as defined in the City's Zoning Ordinance Sections 1230.06 Definitions A. 207) a) "Front Yard", and 1241.07 B. 3) "Yard Requirements" "Front Yard." 1 Staff Presentation: Susan Cronander, Planning Administrator, presented the staff report, The Applicant wishes to have a sixty (60) foot square hen enclosure (with coop) on her property. Because the Applicant’s property has road frontage on both ends of the property, it is considered a double-fronted lot with two front yards and no rear yard. The City’s Urban Livestock section of the City Code requires hen enclosures to be placed in a rear yard. Therefore, Ms. Palonen is requesting a variance to allow a hen enclosure in her front yard. Planning Staff is recommending approval of this petition with the Applicant’s requested coop location due to the fact that the subject property does not have a rear yard. Applicant Presentation: Audra Palonen, asks that staff consider revising the hen ordinance for special cases such as hers. She also stated that the hen ordinance states to be 2,010ft from the property lines, which she believes it is supposed to be 20ft. Public Comments: None. MOTION MADE BY COMM. DELEWARE TO APPROVE THE VARIENCE REQUEST AS PRESENTED. SECONDED BY COMM. HANNER. ALL IN FAVOR, 4-0, MOTION APPROVED. ZONING BOARD DISCUSSION: Commissioner Delaware shared that minutes from May 10th, 2022 for Z-01-22 should indicate that the miss- calculation of measurements was a discrepancy of the staff, as it is public record. Chairman Moreno: shared that he believes that the minutes are correct and he inquired with the rest of the board members suggestions. Marcie Gillette: stated a communication will be going out to board members which discuss the assessment measurements and data in reference to the petition Z-01-22 from the previous month’s meeting on May 10th, 2022. It was most accurate that there are factors that are not solely based on the accuracy of the measurements. OLD BUSINESS: None. PUBLIC COMMENTS: None. COMMENTS BY MEMBERS: None. ADJOURNMENT: Chairperson Moreno adjourned the meeting at 4:12 p.m. Submitted by: Crystal Bax, CSR II, Planning and Zoning M:\Planning Files\Planning Dept\1. Zoning Board\2.Minutes\Year 2022\ZBA 06.14.22 DRAFT.docx 2