Zoning Board of Appeals

Tuesday, June 14, 2022 – Regular Meeting Zoning Board of Appeals Meeting Minutes City Commission Chambers, City Hall CALL TO ORDER Chair William Darbee called the meeting to order at 7:07 p.m. INTRODUCTIONS & ROLL CALL Present: William Darbee, Jan Rise, Chris Greenleaf Excused: Larry Elliott Absent: Lonnie Dowd, Allen Hilliker Others: Staff Liaison, Anthony Dier; Terry Moultane, Planning & Zoning Manager APPROVAL OF MINUTES Motion to approve the August 10, 2021, meeting minutes as presented by C. Greenleaf, seconded by J. Rise. Motion carried unanimously. PUBLIC COMMENT - NON-AGENDA ITEMS Chris Chesny – investor at 100 Green Avenue, came forward to speak. Ms. Chesny stated she was appalled that a meeting had not been held since the last meeting on August 10, 2021. Ms. Chesny added the minutes had not been approved or published in a timely manner and no further action could be taken by the investors and owners regarding the ZBA’s decision from that night because of it. W. Darbee responded there had not been any business to hear since then for which the board had needed to convene for. Ms. Chesny wanted to know if the board could have convened to approve the minutes. W. Darbee answered they could have, but he had been unaware there had been any request for the ZBA to approve or disapprove the minutes and she could have called to request it. Ms. Chesny commented it was good to know. NEW BUSINESS Public Hearing Z 22-01 - 616 S. Farragut St & 618 S. Sherman St. – Brett Eichorn - The appellant is requesting a non-use variance from Article XXII, Section 122-522 Nonconforming Uses; General Regulations, regarding the enlargement of legal nonconforming uses of land and buildings. The properties are zoned R-2, Single and Two-Family Residential. - The appellant is requesting a use variance that would, if granted, authorize the establishment of an outdoor seating area for food and alcohol service in the R-2 Single and Two-Family Residential zoning district. Bars, lounges and standard restaurants where alcohol is served and outdoor service is permitted on the premise are not permitted in the R-2 Zoning District, though are permitted in the C- 1 Neighborhood Business and C-2A General Business zoning districts as a special use. The appellant must obtain a use variance from R-2 Single and Two-Family Residential zoning district regulations to establish an outdoor service area as proposed. Only three ZBA members were present. A request for use variance requires a quorum of four. Motion made by C. Greenleaf to adjourn the case until June 21, 2022, seconded by J. Rise. Planning & Zoning Department / Suite 211 / 301 Washington Ave. / Bay City, MI 48708 / 989-894-8180 / www.baycitymi.org 1  Tuesday, June 14, 2022 – Regular Meeting Motion carried unanimously. OLD BUSINESS None. OTHER BUSINESS None. ADJOURN Motion to adjourn the meeting made by J. Rise, seconded by C. Greenleaf. Meeting adjourned at 7:15 p.m. Prepared by Lisa Griffiths, Planning & Zoning Administrative Assistant Planning & Zoning Department / Suite 211 / 301 Washington Ave. / Bay City, MI 48708 / 989-894-8180 / www.baycitymi.org 2