Board of Appeals
Regular MeetingThree Rivers, MI · July 13, 2022
Agenda
AGENDA
Board of Appeals
Wednesday, July 13, 2022 (12:00 PM)
333 W. Michigan Ave. Three Rivers, MI 49093
Page
1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF THE AGENDA
4. APPROVAL OF MINUTES
4.A. Minutes of the meeting held 2-3
Board of Appeals - Apr 13 2022 - Minutes - Pdf
5. GENERAL COMMENTS
For general comments, each person will be allowed to address the City Commission only one
time, 5 minutes per person. The purpose of public comment is to allow the public to address
concerns to the Commission rather than start a public debate or present questions to the
Commission.
6. PUBLIC HEARINGS
6.A. Variance Request for a carport at 414 Fifth Avenue 4 - 16
Report to ZBA - 414 Fifth Ave
Zoning Permit (414 Fifth Ave.) & Site Layout
Zoning-IR 414 Fifth
6.B. Variance Request for a carport at 607 S. Lincoln Avenue 17 - 30
Report to ZBA - 607 S. Lincoln Ave
Zoning Permit (607 S. Lincoln Ave.)
Zoning-IR 607 S. Lincoln
7. BUSINESS
8. ADJOURNMENT
Page 1 of 30
MEETING MINUTES
Board of Appeals
Wednesday, April 13, 2022 (12:00 PM)
333 W. Michigan Ave. Three Rivers, MI 49093
The Zoning Board of Appeals of the City of Three Rivers was called to order on the date
listed above at Three Rivers City Hall.
1. CALL TO ORDER
Chair Goldberger called the meeting of the Three Rivers Zoning Board of
Appeals to order at 12:03 p.m. in the Commission Chambers of City Hall.
2. ROLL CALL
Board Present: Andy Goldberger (chair), Chuck Friese, and Dave Miller.
Also present: John Beebe (Liaison), and Leslie Wilson (City Clerk)
3. APPROVAL OF THE AGENDA
Mr. Friese, seconded by Mr. Miller, moved to approve the agenda as amended.
By a voice vote, the motion passed unanimously.
4. APPROVAL OF MINUTES
Following some discussion on the revised minutes (as presented), it was moved
by Friese and seconded by Miller to approve the minutes for April 12, 2021. The
motion passed 3-0.
5. PUBLIC HEARING - Variance Request for a shed at 607 E. Hoffman Street
Mr. Goldberger opened the public hearing at 12:10 p.m. Mr. Kevin Warbanks
reviewed his request to construct an accessory building on his corner lot. Mr.
Warbanks noted he had submitted a variance to Section 30-35 (D)(2)(a) which
refers to the placement of an accessory building in any front yard or required side
yard. GIS Specialist John Beebe reviewed Mr. Warbanks application and the staff
report.
Zoning Inspector: Joe Kline, reviewed the zoning on the property and the lot did
have quite a slope and it would be an undue hardship to fill the area in the back of
the lot in order to comply with current zoning.
Mr. Miller asked if the ZBA had already accepted a similar variance for a back yard
on Water Street.
Page 2 of 30
Building Inspector Fritz Pins brought up that visibility was already reduced due to
the vegetation on the corner, and you could not even see the shed from the
corner. Mr. Warbanks explained that he had cut the vegetation out recently so
there was more visibility. Mr. Pins suggested the property owner bolt the legs on
the carport to the shed so the shed would be considered one unit.
There being no additional comments, Mr. Goldberger closed the Public Hearing at
12:42 p.m.
Mr. Miller, seconded by Mr. Friese, moved to approve the variance request
application from Mr. Kevin Warbanks. By voice vote, the motion passed
unanimously.
6. GENERAL COMMENTS (none)
7. DISCUSSION
No additional business or discussion.
8. ADJOURNMENT
Mr. Miller, seconded by Mr. Friese, moved to adjourn the meeting. By a voice
vote, the motion passed unanimously. The meeting was adjourned at 12:43 p.m.
Page 3 of 30
333 West Michigan Avenue • Three Rivers, Michigan 49093
269.273.1075 • www.threeriversmi.org
Fax: 269.273.3132
REPORT TO: Three Rivers Zoning Board of Appeals
FROM: John Beebe, Liaison to the Board
SUBJECT: Variance request for a carport at 414 Fifth Ave.
DATE: July 13, 2022
SUMMARY: Applicant (Rocky Maurer) has ownership of property located on the North side of
Fifth Avenue between Washington St. and Jefferson with an accessory structure on the
property. The submitted application for a variance on the placement of the structure has been
reviewed by City Staff and it has been determined that the variance under consideration does
not meet the requirements under Section 30-35(D)(2)(a) of the City Code.
COMPLIANCE NARRATIVE: The residential lot on which the carport has been proposed (and
built) does not exhibit a special condition peculiar to the property worthy of consideration for
variance with respect to Part 1 of said Section. There is one known literal interpretation of city
zoning ordinance stipulations, as currently written in Three Rivers City Code, that would deprive
the applicant of rights commonly enjoyed by other properties in the same zoning district under
the terms of this Chapter, following Part 2 of said section. Actions taken by the applicant (i.e.,
placement of the carport prior to permitting) have resulted in special circumstances with
respect to Part 3 of said section. Further, the granting of the variance on the location of the
proposed carport relative to other structures and/or buildings on the property, with respect to
Part 4 of Section 30-35(D)(2)(a), would confer a special privilege already denied to other
residents and for similar structures in the same zoning district.
Further, the granting of the variance in question would not meet existing building code and
fires safety regulations per the State of Michigan.
ATTACHMENTS: Application for Variance Request, Zoning Permit, related documentation
RECOMMENDATION: It is recommended that the Board review the submitted application for
variance request and, if it does not meet the requirements, move forward with the provisions
set forth in Section 30-35 to deny the variance application. And, if so moved, recommend the
following actions to be taken by the applicant: relocate the carport in question to comply with
the City’s Zoning Ordinance and Fire Code Building Regulations.
Page 4 of 30
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Page 10 of 30
SAFEbuiIt, INC. Permit #
107 5. CAPITAL AVE...
P.0. BOX 190, ATHENS, Ml 49011 Fee _$7S.0O
OFFICE:269-729-9244 FAX:269-729-9254 Method of Payment
INSPECTION SCHEDULING:877-721-9266 Receipt #
EMAIL: Mm
WEBSITE: www.cornerstonemi.net
Authority: 1972 PA 230 MAKE CHECK PAYABLE TO THE MUNICIPALITY IN WHICH YOUR PROIECT
IS LOCATED
Completion: Mandatory to obtain permit
ZONING PERMIT APPLICATION
A drawing (site plan shown from a "bird's eye" view) Indicating property lines, location ofail buildings presently on the property and location of the
proposed new structure(s), must be submitted with this application. The site plan should also include measurements from your new project to
property lines and distances between all buildings. An inspection will not be scheduled until the permit fee has been paid. a site plan has been
submitted. proof of ownership of property has been provided. and the project has been marked in some way (In ground with stakes or on ground
with painted markings). Please call our of?ce at (269) 729-9244 to request your inspection, once all criteria is met. ‘Change of Use” applicants are
exempt from providing a site plan as indicated and instead, will provide a statement of the proposed new use of the existing structure.
l. job Location
108Address
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Uconrvactor(jowner
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Address City, State Zip
.
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3C-J4\'\l\§. aux O\'\;);§
Telephone Work/CellPhone Fax Emill
Iii. Type ofjob (PLEASEMARKAS MANYAS ARE APPLICABLE)
[J New 0 Single Family or Two Family Home £ii‘.clLQn§ I337“/Shedl
°“‘b“l"“"E Cil‘P0Ff;I:
0 Garage (Attached/Detach
0 Addition 0 Mobile Home or Prefab Cm‘J,e_Qn_e
0 Airerauon/Remodel g 0 Fence —ind1ca:eType Here
0 Foundation Only
_T____
£l?:ls_Qn§
0 Pool [Above/Below Ground]
0 Commerflal Building
CIIEILQHE
0 Change oiUse (Current Use_T_J
_D Other___ 0 Deck AtmcheyDemchw] §;ir_cLe__Qn:
IV. Project Dimensions
I
Project Width &I Project Length Project Height (from grade to highest point) I! of Floors __jTotal Square Feet
V. Zoning Questions (PLEASE CIRCLEYESOR NO)
2
Does this property have frontage on two roads? YES NO
Does this property have lake frontage? YES
is there a dwelling presently on this property? YES 1 N0
is there an accessory building presently on this property?
~
N0 REC E ‘V E D
is the construction located within 500 ft ofa lake. stream. or natural body of water7 YES ( N0 I 8 mn
l th e construction
W'll
’ '
require t h is moving
'
o f one sur fa ce acre or more ofiand? YES NO
\
ll
.
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if construction is for an accessory building. will it contain animals? YES
VI. Responsibilities nfAppIIm1i'it: it is your risponsiisiiity to be aware oiany deed restrictions, subdivision regulations. ?ood plain regulations. and wetland regulations. I have
read.acknowledged, and will comply with all of the above and with the land use regulations. as detennined by the zoning administrator, or will go to the proper board for a
variance/special consideration and will provide In writing such approvals, ii granted, to the zoning administrator.
.
APPLICANT SIGNATURE
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Zoning Oil'Icla|'s Signatu r
/ Dale
RI:.'I'URNED CHECKSARE SUBIECF TO FEES IN ACCORDANCEWITH THE APPROPRIATE MUNICIPALITY'S RETURNED CHECKPOLICY
PERMITS OR APPI.I('A'I'IONS
AN ADMINISTRATIVE FEE OF 565.00 WILL BE RETAINED FOR CANCELED/TERMINATED
P\(Av\ 0v\ \2>{/«\.L’ Page 11 of 30
Page 12 of 30
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Page 13 of 30
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ZONING INSPECTION REPORT
PERMIT# 15' //K ‘ Z‘-3°“ 3’ JURISDICTION 7/’ ~ C /f7
Date of Inspection (’ V’ 37- Inspector /2 gczrw’ Phone No.1269) 729-9244
Property Address 5//‘7 /9"/”/L
?acw”/' /"7"-'/VC&’I‘L—- 169 , 8/e _zwo / /\
Owner Phone No. Contractor Phone No.
El COMMERCIAL E’ RESIDENTIAL lj AGRICULTURAL
:1 New Structure roved [3 Non Conforming
?r?tcoessory
Structure ot Ap r j Comer Lot
‘
3 Addition/Alteration Q5Refer
to ZBA 3 Waterfront
[1 Change of Use :1 Refer to Planning Comm. J Re-Inspection
II Sign j Other Required $
j Fence ee Notes Below :::|::LU'5U'::3'°T:;°
3 Ordinance Violation RE.iNspEc'|'|oN_
3 P°°VH°t Tub T“§'$E.§'35§.Z§f2§
j Other Zoning District /1’ ‘; ¥.‘3:_E
REQUIRED SETBACKS PROPOSED SETBACKS
Front /we Front /4,»
Left Side g '
Left Side 10 '
I
Right Side { Right side 20
/
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Rear 9/ Rear
Max / I p d ,
Height /(
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White Of?ce File Copy Page 15 of 30
-
Yellow - Permit Applicanfs Copy
go’/Z.
CHAPTER 30 ZONING
family dwelling. Every detached single family dwelling unit erected after the effective date adoption or amendment
of
of this Zoning Ordinance. shall be located on the lot so that at least a two (2) car garage, either attached or detached.
can be located on the lot
(E) No accessory building shall be located closer than ?ve (5') feet from any lot line or any other building or stnicture on
the same lot.
(F) No accessory uses or equipment which generatesnoise, including air conditioning cooling structures or condensers,
may be located within ?ve (5') feet of any lot line.
(G) An accessory building shall not occupy more than twenty-?ve (25) percent of a required rear yard nor more than forty
(40) percent of any nonrequired rear yard. provided that
(H) Solar collector panels, each not exceeding four (4) feet by eight (8) feet in size. may be permitted in any zoning
district. subject to the following:
(1) All installations shall be located only in the rear yard and must comply with all accessory use, height, bulk.
and setback requirements of the district; except that flush-mounted roof or wall solar collectors are
pennitted.
(2) All installation shall be located to prevent the obstruction of sunlight on adjoining property.
(3) All installations shall employ (to the extent possible) materials and colors that blend with the surroundings.
(4) Signs. lettering, numbers. logos. symbols. or other illustrative markings attached to or painted on a solar
collector are prohibited.
(5) Ground installation shall provide landscaping and fencing insofar as possible to screen the installation from
adjacent properties.
(5) All solar collectors placed on the roof.shall be totally enclosed to prevent wind damage to the solar collector
and to reduce heat loss.
(7) No solar energy system shall be made operational until the City Building Of?cial shall certify. in writing. that
both construction plans and ?nal construction of said solar collector meet the requirements of this Ordinance
and the Building Code and afford safety to the public at time of high winds. Solar collectors shall be
designed and constructed to resist wind and seismic forces. All bracing systems shall be designed and
constructed to transfer lateral forces to the foundation. For solar collectors mounted on roofs.the dead and
lateral loads shall be transmitted through the structural frame of the building to the ground in such a manner
as not to over stress any of the elements thereof. Solar collector manufacturers’ standards for ground and
roof installation shall be complied with regarding allowable wind loads.stresses. supports. and fastenings.
Where deemed necessary by the City Building Of?cial.a permit for installation shall be submitted with a
certi?cation by a Registered Professional Engineer that the installation complies with these standards.
(I) Outdoor Solid Fuel—?redFurnaces are prohibited in all Zoning Districts of the City.
30-13 SWIMMINGPOOLS.
(A) Building Permit Rguired.
(1) A building pennit shall be applied for and issued before construction of any swimming pool shall commence.
(2) The application for the pen11it shall be accompanied by complete and detailed plans and speci?cations of the
.
swimming pool and all equipment and apparatus to be used in connection with the pool. showing its location
on the lot and the distance from the property lines of the lot.
(3) Swimming pools shall not be located in required front yards and shall be constructed in accordance with the
Building Code adopted by the City.
(B)
(C)
. There shall be no cross-connection of the City water supply with any other source of water
supply for a swimming pool. The line from the City water supply to the pool shall be protected against the
back flow of polluted water by means of an air gap and shall discharge at least six (5") inches above the
maximum high-water level of the makeup tank or the swimming pool.
No personshallmaintain an outdoor swimming pool in his or her premises without providing
adequate supervision and taking all other reasonable precautions at all times the swimming pool is in use.
so as to protect the users from injury. accident and drowning.
Shieldin Li hts. Lights used to illuminate any swimming pool shall be so arranged and shaded as to re?ect
light away from adjoining premises.
(E)
Unnecessa
_Noise.It shall be unlawful for any person to make.
at any swimming
pool any loud, unnecessary
continue or cause to be made or continued
or unusualnoise or any noise which annoys. disturbs. injures
(2017) 30-16
Page 16 of 30
333 West Michigan Avenue • Three Rivers, Michigan 49093
269.273.1075 • www.threeriversmi.org
Fax: 269.273.3132
REPORT TO: Three Rivers Zoning Board of Appeals
FROM: John Beebe, Liaison to the Board
SUBJECT: Variance request for a carport at 607 S. Lincoln Ave.
DATE: July 13, 2022
SUMMARY: Applicant (Linda Counterman) has ownership of property located on the West side
of S. Lincoln between W. Buck and Hill Streets with an accessory structure on the property.
The submitted application for a variance on the placement of the structure has been reviewed
by City Staff and it has been determined that the variance under consideration does not meet
the requirements under Section 30-35(D)(2)(a) of the City Code.
COMPLIANCE NARRATIVE: The residential lot on which the carport has been proposed (and
built) does not exhibit a special condition peculiar to the property worthy of consideration for
variance with respect to Part 1 of said Section. There is one known literal interpretation of city
zoning ordinance stipulations, as currently written in Three Rivers City Code, that would deprive
the applicant of rights commonly enjoyed by other properties in the same zoning district under
the terms of this Chapter, following Part 2 of said section. Actions taken by the applicant (i.e.,
placement of the carport prior to permitting) have resulted in special circumstances with
respect to Part 3 of said section. Further, the granting of the variance on the location of the
proposed carport relative to other structures and the property’s side yard setback requirement
relative to the parcel boundary, with respect to Part 4 of Section 30-35(D)(2)(a), would confer a
special privilege already denied to other residents and for similar structures in the same zoning
district.
Further, the granting of the variance in question would not meet existing building code and
fires safety regulations per the State of Michigan.
ATTACHMENTS: Application for Variance Request, Zoning Permit, related documentation
RECOMMENDATION: It is recommended that the Board review the submitted application for
variance request and, if it does not meet the requirements, move forward with the provisions
set forth in Section 30-35 to deny the variance application. And, if so moved, recommend the
following actions to be taken by the applicant: relocate the carport in question to comply with
the City’s Zoning Ordinance and Fire Code Building Regulations.
Page 17 of 30
Page 18 of 30
SAFEbuilt,lNC. Permit #
107 S. CAPITAL AVE., P.O. BOX 190, ATHENS, MI 49011 Fee
OFFICE : 269 -7 29 -924 4 F Nl: 269 -7 29 -925 4 Method of Payment
-$75.00
INSPECTION SCHEDULING : 87 7 -7 2l-9266 Receipt #
EMAIL: athensmi@safebuilt.com
WEBSITE: www.cornerstonemi.net
Authority: 1972 P A 230 MAKE CHECK PAYABLE TO THE MUNICIPALITY IN WHICH YOUR PROIECT IS LOCATED
Completion: Mandatory to obtain permit
Penalty: Permit cannot be issued
ZONING PERMIT APPLICATION -
A drawing (site plan shown from a "bird's eye" view) indicating property lines, location of buildings presently on the property and location ofthe
proposed new structure(s), must be submitted with this application. The site plan should also include measurements from your new proiect to
property lines and distances between all buildings. An inspection will not be scheduled until the permit fee has been paid, a site plan has been
submitted, proofofownership ofproperty has been provided, and the proiect has been marked in some way (in ground with stakes or on ground
with painted markings). please call our office at (269) 72g-g244 to request your inspection, once all criteria is met. "Change of Use" applicants are
exempt from providing a site plan as indicated and instead, will provide a statement ofthe proposed new use ofthe existing structure.
L Job Location
f OB edar"rt
/, toun:.g
or in which job is located:
Name of city,
OF: r-
II. (Contractor/Property Owner
0Contmctor
City, zip
Telephone
e -s Work/Cell Phone Fax Email
Ill. Type of (PLEASE MARK AS MANY AS ARE APPLICABLE)
0 Single or two Famlly ttome Circle One
Q New Garage (Attached/Detached)
Q Addition Q Mobile Home or Prefab Circle One
one f) Fence - Indicate TYPe Here 0 Pool (Above/Below GroundJ Circle One
Q Alteration/Remodel Circle 0 Commercial Building
Q Change of Use (Current I Foundation Only
Iv. Proiect Dimensions
Length Height (from grade to highest point) of Floors / E-a.tal Square Feet
width
-#
v. Zoning Questions (PTEASE CIRCLE YES OR NO)
YES
Does this propertY have frontage on two roads?
Does this property have lake frontage?
YES
o
ls there a dwelling presently on this property?
ls there an accessory building presently on this property?
fo
@
NO
NO
REC E t1.1E r-
body ofwater? YES
Is t].le construchon located within 500 ft of a lake, stream, or natural
YES
will the construction require the moving of one surface acre or more ofland?
YES
_tmatl _Fax _Ma ,,N-
If construction is for an accessory building will it contain animals?
plain regulations, and wetland regulations l have
vl. Responsibilities Applicant: It ts your responsibility to be aware ofany deed restrictions, subdivision regulations, flood
use regulations, as detemined by the zoning administrator, or will 8o to the proper board for a
read, acknowledged, and will comply with all ofthe above and with the land
variance/special and will provide ln writing such approvals, ifgranted, to the zoning administrator.
DATE
Date
RETURNED CHECKPOLICY
RETURNED CHECKS ARE SUBJECT TO FEES IN ACCORDANCE WITH THE APPROPRI,ATE MUNICIPALITY'S
AN ADMTNISTRATM FEE OF $65.OO WILL BE RETAINED FOR CANCELED/TERMINATED PERIUITS OR APPLICATIONS
Page 19 of 30
Page 20 of 30
Page 21 of 30
Page 22 of 30
Page 23 of 30
Page 24 of 30
SAFEbuilt,lNC. Permit #
107 S. CAPITAL AVE., P.O. BOX 190, ATHENS, MI 49011 Fee
OFFICE : 269 -7 29 -924 4 F Nl: 269 -7 29 -925 4 Method of Payment
-$75.00
INSPECTION SCHEDULING : 87 7 -7 2l-9266 Receipt #
EMAIL: athensmi@safebuilt.com
WEBSITE: www.cornerstonemi.net
Authority: 1972 P A 230 MAKE CHECK PAYABLE TO THE MUNICIPALITY IN WHICH YOUR PROIECT IS LOCATED
Completion: Mandatory to obtain permit
Penalty: Permit cannot be issued
ZONING PERMIT APPLICATION -
A drawing (site plan shown from a "bird's eye" view) indicating property lines, location of buildings presently on the property and location ofthe
proposed new structure(s), must be submitted with this application. The site plan should also include measurements from your new proiect to
property lines and distances between all buildings. An inspection will not be scheduled until the permit fee has been paid, a site plan has been
submitted, proofofownership ofproperty has been provided, and the proiect has been marked in some way (in ground with stakes or on ground
with painted markings). please call our office at (269) 72g-g244 to request your inspection, once all criteria is met. "Change of Use" applicants are
exempt from providing a site plan as indicated and instead, will provide a statement ofthe proposed new use ofthe existing structure.
L Job Location
f OB edar"rt
/, toun:.g
or in which job is located:
Name of city,
OF: r-
II. (Contractor/Property Owner
0Contmctor
City, zip
Telephone
e -s Work/Cell Phone Fax Email
Ill. Type of (PLEASE MARK AS MANY AS ARE APPLICABLE)
0 Single or two Famlly ttome Circle One
Q New Garage (Attached/Detached)
Q Addition Q Mobile Home or Prefab Circle One
one f) Fence - Indicate TYPe Here 0 Pool (Above/Below GroundJ Circle One
Q Alteration/Remodel Circle 0 Commercial Building
Q Change of Use (Current I Foundation Only
Iv. Proiect Dimensions
Length Height (from grade to highest point) of Floors / E-a.tal Square Feet
width
-#
v. Zoning Questions (PTEASE CIRCLE YES OR NO)
YES
Does this propertY have frontage on two roads?
Does this property have lake frontage?
YES
o
ls there a dwelling presently on this property?
ls there an accessory building presently on this property?
fo
@
NO
NO
REC E t1.1E r-
body ofwater? YES
Is t].le construchon located within 500 ft of a lake, stream, or natural
YES
will the construction require the moving of one surface acre or more ofland?
YES
_tmatl _Fax _Ma ,,N-
If construction is for an accessory building will it contain animals?
plain regulations, and wetland regulations l have
vl. Responsibilities Applicant: It ts your responsibility to be aware ofany deed restrictions, subdivision regulations, flood
use regulations, as detemined by the zoning administrator, or will 8o to the proper board for a
read, acknowledged, and will comply with all ofthe above and with the land
variance/special and will provide ln writing such approvals, ifgranted, to the zoning administrator.
DATE
Date
RETURNED CHECKPOLICY
RETURNED CHECKS ARE SUBJECT TO FEES IN ACCORDANCE WITH THE APPROPRI,ATE MUNICIPALITY'S
AN ADMTNISTRATM FEE OF $65.OO WILL BE RETAINED FOR CANCELED/TERMINATED PERIUITS OR APPLICATIONS
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