Zoning Board of Appeals

MANISTEE CITY ZONING BOARD OF APPEALS City Hall, 70 Maple Street Manistee, MI 49660 MEETING MINUTES October 27, 2011 A meeting of the Manistee City Zoning Board of Appeals was held on October 27, 2011 at 5:30 p.m. in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan. MEMBERS PRESENT: Ray Fortier, Mark Hoffman, John Perschbacher MEMBER ABSENT: Bill Kracht (excused), Crag Schindlbeck (excused) ALTERNATES PRESENT: Stanton Haner, Mark Wittlief OTHERS: Sandy Killian (208 Pine Street), Mike Zimmerman (Mike Zimmerman Construction), Jon Rose (Community Development Director), Denise Blakeslee (Planning & Zoning) and others The meeting was called to order at 5:32 p.m. by Chairman Perschbacher APPROVAL OF AGENDA: MOTION by Ray Fortier, seconded by Mark Wittlief to approve the October 27, 2011 meeting Agenda. With a voice vote this MOTION PASSED UNANIMOUSLY APPROVAL OF MINUTES: MOTION by Ray Fortier, seconded by Mark Wittlief to approve the October 6, 2011 Zoning Board of Appeals Meeting Minutes. With a voice vote this MOTION PASSED UNANIOMOSLY City of Manistee Zoning Board of Appeals Meeting Minutes October 27, 2011 Page 1 PUBLIC HEARING: ZBA-2011-04 Sandy Killian, 208 Pine Street – Variances to side yard setback and lot coverage requirements to construct an attached garage Sandy Killian, 208 Pine Street is requesting Variances to construct an attached garage they are as follows: Variance to reduce the side yard setback from 10 feet to 3 feet to construct an attached garage. Variance to increase the maximum lot coverage regulation from 40% to 49% to construct an attached garage. Chair Perschbacher opened the Public Hearing. Sandy Killian, 208 Pine Street – Ms. Killian spoke to the commission about the house fire in August that destroyed her home. She wants to rebuild the home and add an attached garage. She presented letters of support with 26 signatures from people in the neighborhood. Mike Zimmerman, Mike Zimmerman Construction – Mr. Zimmerman is the contractor that Ms, Killian has hired to rebuild her home and he spoke to the Board about the need for the two variances to construct the attached garage. There was some confusion as to the exact size of the parcel and they had a survey done that established the property lines and determined the need for a variance. The parcel is smaller than most parcels in the Zoning District. They will be reconstructing the home using the previous foot print as allowed by the Ordinance. It was discovered that the existing foundation needs to be replaced. He clarified that work has not begun on the garage that a tree that had been located on the property line was removed with the consent of the adjoining property owner. Correspondence - Chair Perschbacher read the letters of support submitted by Ms. Killian along with a letter of support received from Roger and Laura Betts, 469 Third Street. City of Manistee Zoning Board of Appeals Meeting Minutes October 27, 2011 Page 2 City of Manistee Zoning Board of Appeals Meeting Minutes October 27, 2011 Page 3 City of Manistee Zoning Board of Appeals Meeting Minutes October 27, 2011 Page 4 There being no further discussion the Public Hearing Closed at 5:47 p.m. BUSINESS SESSION: ZBA-2011-04 Sandy Killian, 208 Pine Street – Variances to side yard setback and lot coverage requirements to construct an attached garage A public hearing was held earlier in response to the request from Sandy Killian, 208 Pine Street for two variances to construct an attached garage. It was confirmed by Mike Zimmerman the contractor for the project that if both variances were not granted the garage could not be constructed. So the Zoning Board of Appeals reviewed the Conditions as they pertained to both variances. The Zoning Board of Appeals reviewed the request and the requirements of Section 2507.C of the City of Manistee Zoning Ordinance. This portion of the Ordinance is used as the finding of facts by the Zoning Board of Appeals and their responses to the conditions are as follows: City of Manistee Zoning Board of Appeals Meeting Minutes October 27, 2011 Page 5 The Board shall have the power to authorize, upon an appeal, specific variances from such requirements as lot area and width regulations, building height regulations, yard and depth regulations, and off-street parking and loading space requirements provided it finds that all of the Basic Conditions and any one (1) of the Specific Conditions set forth herein can be satisfied. The appellant shall submit, along with the established fee and other materials, a narrative demonstrating why a variance is sought. Variance to reduce the side yard setback from 10 feet to 3 feet to construct an attached garage; and a variance to increase the maximum lot coverage regulation from 40% to 49% to construct an attached garage. The Board shall find that a variance request meets all of the following conditions. 1. The requested variance shall not be contrary to the public interest or to the intent and purpose of this Ordinance. 5 - Yes Fortier, Haner, Hoffman, Wittlief, Perschbacher 0 - No None 2. The requested variance shall not permit the establishment within a district of any use which is not permitted by right within that zone district, or any use or dimensional variance for which a special land use permit is required. 5 - Yes Haner, Hoffman, Wittlief, Fortier, Perschbacher 0 - No None 3. The requested variance shall not cause a substantial adverse effect upon properties in the immediate vicinity or in the district in which the property of the applicant is located. 5 - Yes Haner, Hoffman, Wittlief, Fortier, Perschbacher 0 - No None 4. The conditions or situations which necessitate the requested variance is not so general or of such recurrent nature as to make the formulation of a general regulation for such conditions reasonably practical. 5 - Yes Hoffman, Fortier, Haner, Wittlief, Perschbacher 0 - No None 5. The requested variance shall relate only to property that is under control of the applicant. 5 - Yes Wittlief, Fortier, Haner, Hoffman, Perschbacher 0 - No None 6. The requested variance shall not be necessitated by any self-created condition or action taken by the applicant or property owner. 5 - Yes Wittlief, Fortier, Haner, Hoffman, Perschbacher 0 - No None City of Manistee Zoning Board of Appeals Meeting Minutes October 27, 2011 Page 6 7. There is no reasonable alternative location on the parcel for the proposed improvements for which a variance is sought where such alternative location would eliminate the need for the requested variance or reduce the extent of the condition(s) necessitating the variance. 5 - Yes Wittlief, Fortier, Haner, Hoffman, Perschbacher 0 - No None 8. The requested variance is the minimum variance that will make possible the reasonable use of the land. 5 - Yes Fortier, Haner, Hoffman, Wittlief, Perschbacher 0 - No None Special Conditions. When all of the foregoing basic conditions can be satisfied, a variance may be granted when any one (1) of the following special conditions can be clearly demonstrated: The Zoning Board of Appeals deliberated on Item #2. 2. Where there are exceptional or extraordinary circumstances or physical conditions such as narrowness, shallowness, shape, or topography of the property involved, or to the intended use of the property that do not generally apply to other property or uses in the same zoning district. 5 - Yes Haner, Hoffman, Wittlief, Fortier, Perschbacher 0 - No None MOTION by Mark Hoffman, seconded by Ray Fortier to approve the request from Sandy Killian, 208 Pine Street for a Variance to reduce the side yard setback from 10 feet to 3 feet to construct an attached garage; and a variance to increase the maximum lot coverage regulation from 40% to 49% to construct an attached garage. With a roll call vote this motion passed 5 to 0. 5 - Yes Hoffman, Fortier, Haner, Wittlief, Perschbacher 0 - No None Old Business: None Other Business of the Appeals Board: None City of Manistee Zoning Board of Appeals Meeting Minutes October 27, 2011 Page 7 QUESTIONS, CONCERNS OF CITIZENS IN ATTENDANCE: None The Zoning Board of Appeals will be meeting on Thursday, November 3, 2011 at 2 p.m. in the Second Floor Conference Room to approve the October 27, 2011 Meeting Minutes. ADJOURNMENT: There being no further business meeting MOTION by Mark Hoffman, seconded by Stanton Haner the meeting be adjourned. Meeting adjourned at 6:04 p.m. Respectfully Submitted _______________________________ Denise J. Blakeslee, Recording Secretary City of Manistee Zoning Board of Appeals Meeting Minutes October 27, 2011 Page 8