Zoning Board of Appeals

Tuesday, September 10, 2019 – Regular Meeting Zoning Board of Appeals Meeting Minutes Commission Chambers, City Hall CALL TO ORDER Vice Chair Jan Rise called the meeting to order with a quorum at 7:00 p.m. INTRODUCTIONS & ROLL CALL Present: J. Rise, L. Dowd, K. Berry, L. Elliott, C. Congdon Absent: Excused: W. Darbee, C. Greenleaf Others: Staff Liaison Scott McKillop APPROVAL OF MINUTES None. PUBLIC COMMENT - NON-AGENDA ITEMS None. NEW BUSINESS 1. Z 19-05 – 100 Patterson – Wolgast Design Group on behalf of Gougeon Brothers Neil Frank, an architect from Wolgast and A. Gurski, CEO of Gougeon Brothers were present. The appellant is requesting a variance from industrial zoning regulations governing the minimum distance between buildings and front lot lines. The appellant wishes to construct an addition to an existing building. The addition would be located substantially less than 20 feet from the property’s front lot line. Doing so is precluded by Section 152-305 of the city’s zoning regulations. Mr. Frank explained Gougeon Brothers manufactures marine-grade apoxy and have been in business since 1969. They propose to build a 746 square foot single story office addition in the northwest corner of an existing building. The property is zoned M-1 and the required setback is 25 feet. They are asking for a reduced setback to two feet along Patterson. Patterson curves along that section and is not the same compared to a “straight” right-of-way. Mr. Frank said even with the reduction in the setback, there would still be 15 feet between the curb line and the corner of the building and there would still be room for a sidewalk and landscaping strip. Mr. Frank noted a similar variance was approved in June of 2017 for an addition that was done to the production area along the same curve on Patterson. This addition will be roughly half the size of the previous addition. Planning & Zoning Department / Suite 211 / 301 Washington Ave. / Bay City, MI 48708 / 989-894-8180 / www.baycitymi.org 1  Tuesday, September 10, 2019 – Regular Meeting J. Rise inquired if landscaping was planned for the addition. Mr. Frank replied they would meet the ordinance requirements for landscaping. The proximity of the building to the curb line would also have to be taken into consideration. He said they are also not looking at altering the existing landscaping. J. Rise indicated the public hearing was closed. Members agreed the first standard had been met. L. Elliott commented it was a business and has been able to expand. He said they have chosen to stay in Bay City and felt the shape of the property would force the building to have different angles, be very burdensome for their purposes, and may cause them to move out of town. He added that although he did not recently visit the site, he had visited the site in the past and felt it would have very little impact on others in the area. J. Rise asked if the other members had been able to visit the site and all members indicated they had. She remarked it butts up against Independence Bridge and is boxed in by it, the railroad, and the river so there is no place to expand the business which is why she felt strict compliance would be very harmful to them. L. Elliott said it will do substantial justice to the applicant as it will allow them to expand and stay open in Bay City as a business. Otherwise, he felt they may look elsewhere which would impact the other property owners as well. L. Dowd stated a lesser variance would not give relief because they are boxed in with no place to go. J. Rise stated the unique circumstances of the property satisfied the 4th standard. She said the property has been identified as this being the only place they can build so the problem has not been self-created. K. Berry agreed. L. Elliott agreed that the shape of the property is unique and not self-created. He said there are not many properties that have a curve like they have on the edge of their property line. Motion made by L. Elliott, seconded by J. Rise, to approve Z 19-05 using the rationale as stated during the discussion. Motion carried unanimously. S. McKillop noted it would be five days before the applicant could apply for a building permit. OLD BUSINESS None. OTHER BUSINESS None. Planning & Zoning Department / Suite 211 / 301 Washington Ave. / Bay City, MI 48708 / 989-894-8180 / www.baycitymi.org 2  Tuesday, September 10, 2019 – Regular Meeting ADJOURN Motion made by L. Dowd, seconded by K. Berry to adjourn the meeting at 7:18 p.m. Meeting adjourned. Prepared by: Lisa Griffiths, Planning & Zoning Administrative Secretary Planning & Zoning Department / Suite 211 / 301 Washington Ave. / Bay City, MI 48708 / 989-894-8180 / www.baycitymi.org 3