Zoning Board of Appeals

ZONING BOARD OF APPEALS Regular Meeting Minutes May 8, 2018 City Commission Chambers - City Hall Introduction & Roll Call Chairman W. Darbee called the meeting to order at 7:00 p.m. Members present: William Darbee, Jan Rise, Charles Congdon, Lonnie Dowd and Chris Greenleaf. Others: Terry Moultane, Planning Department Manager. Approval of Minutes Motion made by J. Rise second by L. Dowd, to approve the minutes of March 13, 2018. Motion made by C. Greenleaf, second by J. Rise to approve the minutes of April 10, 2018. Public Comment Not Related to Public Hearings No public comment. New Business – Public Hearings Case No. Z 18-04 – 1301 N. Henry – Allen of Bay City, Inc. W. Darbee stated the Case No. Z 18-04 is a use variance and will be establishing a garden on their property. Community gardens are permitted in all the City’s residential zoning districts. The applicant wishes to construct a 30ft by 30ft or 900 square foot greenhouse. The greenhouse is subject to zoning regulations limiting the floor area of the building to 864 square feet. A variance from the floor area regulation would be required for the greenhouse to be erected as proposed. Owner Rod Hildebrant was present and stated he is looking to put up a 30 foot by 30 foot hoop house to grow vegetables and extend the growing period. The items grown would then be used or sold at the City Market. Questions were raised about the variance size, which will be 36 square feet. Mr. Hildebrant stated that in the future he is thinking of doing some real estate developments in that area. It would depend on when the sewer millage rates drop and a feasibility study would have to be completed before he is able to try using the property for residential development. Public Comment: William Wheel, resident – Feels the community is in the dark of anything being proposed until about a week ago. He stated he never saw a layout. When you think of a greenhouse, you think of medical marijuana. He stated the greenhouse is one issue and we heard Mr. Hildebrandt’s future plans as far as housing goes. Bill Updyke, resident – He understands they want to build a greenhouse and bring to farmers market, but Mr. Hildebrant wants to do more than that later. The entire community in the area does not want it developed and want it to stay residential. He feels Mr. Hildebrant doesn’t intend on putting a house there and he doesn’t live there. Ms. Updyke of 606 Mosher - She was present for her mother. This area is there her children and family were raised and does not want changes in the zoning that will have a negative effect. She feels the community needs to stay strong. Penzine Laport, Catherine Street – Feels that if it’s a greenhouse, that’s fine. She doesn’t want the area to go commercial. T. Moultane added that the purpose of the letter to residents is to review the case and there is a legal requirement to notify everyone within 300 feet for the public hearing. The letter states that the case file is available in the Planning Department. Mr. Moultane explained the zoning would remain residential zoning. He stated we do have community gardens that are allowed in the residential zoning. This is a 7 acre property in an R-1 zone and any person would have a right to develop it if it meets city code. Mr. Moultane explained that when a property is purchased that owner has a right to develop as long as it meets zoning regulations and other requirements. J. Rise stated that in the paperwork, it stated you wish to construct greenhouse to extend the growing season. Mr. Hildebrant stated the greenhouse is plastic and will not withstand the winter and explained it would be taken down at the end of the season. T. Moultane read a letter from a resident of 308 E. Gary St. who is in favor of the greenhouse, but not for medical marijuana use. T. Moultane also spoke with Susan Howell of 1219 N. Williams, who is in supports variance and feels it is a good use. He also spoke with Beth Chapman of 1223 N. Williams, who also supports the greenhouse. Motion made by W. Darbee, seconded by C. Greenleaf, to allow the variance of 36 square feet because of what was stated and what was set forth in the request. The persons speaking in the audience are more opposed to an extensive development. The information coming in by telephone or letter was in support of it. The acres are nearly 7 acres and this will take only a small portion and not much impact. The greenhouse only comes in 900 sq ft., which is the smallest for the use. A lesser variance will not accomplish the relief. This is a large parcel and basically limited on structures that are normally for residential lots and smaller parcels. It is not self-created and is part of a large parcel that is owned. Based upon those findings, the variance would be granted. J. Rise questioned if the property gets developed, does the variance go away. T. Moultane added that the variance will go with the land however the use being proposed is temporary in nature. J. Rise requested an amendment to the motion that the greenhouse cannot be larger than 900 square feet and erected from March to November. Mr. Darbee accepted the amendment. Rolle call vote. Motion carried. Case No. Z 18-03 – 1200 and 1206 Columbus Avenue – The Bay City Players Case No. Z 18-03 – 1200 and 1206 Columbus Avenue was postponed from the April 10th meeting. The Bay City Players wish to construct a new off-street parking lot on the two properties at the southeast corner of the intersection of Columbus Avenue and S. Sherman Street, west of the theatre building. Zoning regulation require a five foot wide landscape buffer along the perimeter of the parking area. The variance is for the parking lot without the required landscaped buffers between the proposed lot and abutting Columbus Avenue and S. Sherman Street right of way. Jay Wheeler and Don Haeger from William Kibbe Associates were present and asked for a variance last month. There was slight confusion as to property lines and a desire to see other options presented. Mr. Wheeler stated the preferred option would be no egress or ingress onto Columbus Avenue and the entrance/exit being on S. Sherman St. The one property owner to the south asked for a fence on the south line and there will also be a 3 foot buffer. On north side there will be a 3 foot buffer. They will need a variance on the east/west direction for diagonal parking. Based on lot dimensions, there is not enough room for buffers. On the east side there will be a sidewalk for Columbus Avenue and entrance to the front. Mr. Wheeler explained Option 2 which would allow for 14 parking places as opposed to 24 and end up with an exit on Columbus Avenue and large area that would remain existing asphalt. Option 3 would give more park and in/out on Columbus and in/out on Sherman and a large asphalt parking that would allow for 24 spaces. The main reason this option isn’t liked it is because of all the congesting and turning near another intersection. Discussion was held on each option. Motion made by J. Rise, seconded by L. Dowd to approve option 1 and that strict compliance prevents having adequate number of parking spaces and is unreasonable for The Bay City Players if they want to maximize the number of parking spaces. Approval of the request for option 1 as stated reduces the north and south setbacks from 5 feet to 0 feet and based on the record including a presentation, comments made at last hearing and request as stated in writing. A lesser variance is not reasonable as it would provide less parking spaces and the need of variance is due to the unique configuration of the property and the regulations doesn’t allow for the amount of parking spaces needed. It is not self-created. Roll call vote, motion carried. Other Business None. Adjournment