Board of Appeals

AGENDA Board of Appeals Wednesday, September 14, 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 Board of Appeals - Aug 12 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 shed at 338 Tenth Avenue 3-8 Report to ZBA - 338 Tenth Ave 6.B. Variance Request for an accessory building at 815 Maple Street 9 - 15 Report to ZBA - 815 Maple St. 7. BUSINESS 8. ADJOURNMENT Page 1 of 15  MEETING MINUTES Board of Appeals Wednesday, Mmmm DD, 20YY (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 _____ called the board meeting of the Three Rivers City Zoning Board of Appeals to order at 12:04pm in the Commission Chambers of City Hall. 2. ROLL CALL Board Present: Dave Miller (chair), Chuck Friese, _________ and ________. Also present: John Beebe (Liaison), and Joe Kline (Zoning Official) 3. APPROVAL OF THE AGENDA It was moved by ___ and seconded by ____ to approve the agenda. The motion passed Y-N. 4. APPROVAL OF MINUTES Following some discussion on the revised minutes (as presented), it was moved by ____ and seconded by ____ to approve the minutes for [PREV. MTG. DATE]. The motion passed Y-N. 5. PUBLIC HEARING(S) - A. Variance Request for a _____ at #### StreetName Chair _____ provided an introduction or opened the public hearing at 12:XX. None or include comments and address info from members of the public. Public comment was close at 12:YY. Discussion by the board followed............ The board reviewed the application for the ____ in question per the city’s Zoning Ordinance. It was moved by ____ to grant or deny the variance request per City Code Sect. 30-3X(N). ____ seconded the motion, and the motion passed Y-N. 6. GENERAL COMMENTS (none) 7. DISCUSSION Chair Goldberger commented on ............... Board member Friese inquired about .............. 8. ADJOURNMENT All business was concluded and it was moved by _____ and seconded by _____ to adjourn the meeting. Motion passed Y-N. The meeting was concluded at 12:ZZ pm. Page 2 of 15  City of Three Rivers 333 West Michigan Avenue • Three Rivers, Michigan 49093 Phone: 269.273.1075 • Fax: 269.273.3132 www.threeriversmi.org REPORT TO: Three Rivers Zoning Board of Appeals FROM: John Beebe, Liaison to the Board SUBJECT: Variance request for a shed at 338 Tenth Ave. DATE: September 14, 2022 SUMMARY: Applicant (Ryan Ismay) is in the process of acquiring property located on the North side of Tenth Avenue at the intersection with Washington Street with a shed on the property. The submitted application for a variance on the placement of the shed has been reviewed by City Staff and it has been determined that the variance under consideration does not meet all of the necessary requirements under Section 30-35(D)(2)(a) of the City Code. NARRATIVE: The residential, corner lot on which the shed already exists is not indicative of a special condition potentially worthy of consideration for variance with respect to Part 1 of said Section. There are no literal interpretations of city’s zoning ordinance that would deprive the applicant of rights commonly enjoyed by other properties following Part 2 of said section. Actions taken by the applicant have resulted in special circumstances with respect to Part 3 of said section. Further, the granting of the variance for the applicant’s shed, with respect to Part 4 of Section 30-35(D)(2)(a), would constitute a special privilege already denied to other residents and for similar structures in the same zoning district, and to grant this variance would not be in harmony with the general purpose and intent of the city’s zoning ordinance in accordance with Section 30-35(D)(2)(f). ATTACHMENTS: Application for Variance Request, Zoning Permit, related documentation RECOMMENDATION: It is recommended that the Board review the submitted application for variance request and consider a motion to not approve (deny) the request for a variance on the applicant’s shed. If the Board is so moved, recommend the following actions to be taken by the applicant: remove or relocate the shed in question to comply with the City’s Zoning Ordinance (and remind the applicant that paying for permits does not constitute an “allowance”). Page 3 of 15 Page 4 of 15 Page 5 of 15 Page 6 of 15 Page 7 of 15 Page 8 of 15  City of Three Rivers 333 West Michigan Avenue • Three Rivers, Michigan 49093 Phone: 269.273.1075 • Fax: 269.273.3132 www.threeriversmi.org REPORT TO: Three Rivers Zoning Board of Appeals FROM: John Beebe, Liaison to the Board SUBJECT: Variance request for an accessory building at 815 Maple St. DATE: September 14, 2022 SUMMARY: Applicant (Dakota Porter) has ownership property located on the East side of Maple Street, just North of W. Hoffman Street with the intention of constructing an accessory building on the property. The submitted application for a variance on the size of the building (relative to the principal building) has been reviewed by City Staff with the conclusion that the variance under consideration does not meet the requirements under Section 30-35(D)(2)(a) of the City Code. NARRATIVE: The residential lot on which the accessory building has been proposed does not appear to be indicative of a special condition potentially worthy of a variance with respect to Part 1 of said Section. There are no literal interpretations of city’s zoning ordinance that would deprive the applicant of rights commonly enjoyed by other properties following Part 2 of said section. No known actions taken by the applicant have resulted in special circumstances with respect to Part 3 of said section. And, despite the size of the applicant’s parcel and basement, the granting of the variance on the accessory building relative to the combined floor area of the main building, with respect to Part 4 of said Section, would constitute a special privilege already denied to other residents and for similar structures in the same zoning district. ATTACHMENTS: Application for Variance Request, Zoning Permit, related documentation RECOMMENDATION: It is recommended that the Board review the submitted application for variance request and consider a motion to not approve (deny) the request for a variance on the applicant’s shed. If the Board is so moved, recommend the following actions to be taken by the applicant: reduce the accessory building size or overall (combined) total of all accessory buildings on the property, or increase the livable/usable space of the principal building. Page 9 of 15 Page 10 of 15 Page 11 of 15 Page 12 of 15 Page 13 of 15 Page 14 of 15 Page 15 of 15