Board of Appeals

AGENDA Board of Appeals Wednesday, May 10, 2023 (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 April 12, 2023 2-3 Board of Appeals - Apr 12 2023 - Minutes - Pdf 5. GENERAL COMMENTS For general comments, each person will be allowed to address the board only one time, 5 minutes per person. The purpose of public comment is to allow the public to address concerns to the board (chair) rather than start a public debate or present questions to the board. 6. PUBLIC HEARINGS 6.A. Variance request for a side setback at 1125 W. Michigan Ave. 4 - 11 Report to ZBA (1125 W. Michigan) Application & Zoning-IR 1125 Zoning IR +Ch-30 provisions 6.B. Variance request for an accessory building (storage barn) at 310 12 - 19 Kellogg Ave. Report to ZBA (310 Kellogg) ZBA Application-310 Zoning IR 4-6-23 +Ch-30 provisions 7. DISCUSSION 8. ADJOURNMENT Page 1 of 19  MEETING MINUTES Board of Appeals Wednesday, April 12, 2023 (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 Miller 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 Dale Hoyt. Also present: Joe Kline (Zoning Official), John Beebe (Liaison), Leslie Wilson (Clerk) 3. APPROVAL OF THE AGENDA It was moved by Friese and seconded by Hoyt to approve the agenda. The motion passed 3-0. 4. APPROVAL OF MINUTES It was moved by Friese and seconded by Miller to approve the minutes for September 14, 2022. The motion passed 3-0. 5. PUBLIC HEARINGS A. Variance Request for a fence at 202 N. Douglas Ave. Chair Miller provided an introduction and opened the public hearing at 12:08 pm. Timmy Collins of 202 N. Douglas Ave. stated the fence looks good and that it makes the neighborhood look good. Public comment was closed at 12:09 pm. Discussion by the board followed. The board reviewed the application for the fence in question per the city’s Zoning Ordinance. It was moved by Friese to deny the variance request per City Code Sect. 30-15(E). Hoyt seconded the motion, and the motion passed 3-0. B. Variance Request for a shelter structure at 805 Wood St. Chair Miller provided an introduction and opened the public hearing at 12:57 pm. Al Ives of Kadant Johnson said that they would like a roof to cover the picnic tables as there used to be a tree there and there would be no walls just posts. Public comment was closed at 1:05 pm. Discussion by the board followed. Page 2 of 19  The board reviewed the application for the shelter structure in question per the city’s Zoning Ordinance. It was moved by Friese to grant the variance request following Parts 3 and 4 of City Code Sect. 30- 35(D)(2)(a). Hoyt seconded the motion, and the motion passed 3-0. 6. GENERAL COMMENTS (none) 7. DISCUSSION Board member Friese inquired about a basketball pole in the terrace on Elm St. 8. ADJOURNMENT All business was concluded, and it was moved by Friese and seconded by Hoyt to adjourn the meeting. Motion passed 3-0. The meeting was adjourned at 1:16 pm. Page 3 of 19  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 setback at 1125 W. Michigan Ave. DATE: May 10, 2023 SUMMARY: Applicant (Mr. Ron Chen) has ownership of property located on the North side of W. Michigan Ave. near the intersection of Day Drive with the intention of establishing a residential use for one of the two buildings on the property. Such use of the property, following City Code Section 30-27(D)(2), is permitted on a Conditional basis provided that the building devoted solely to residential use meet the lot area, setback and height requirements of the nearest adjoining residential district (which in this case is the R-5 district). The submitted application for a variance on the side yard setback for the existing building on the property has been reviewed by City Staff and it has been determined that the variance under consideration meets the requirements under Section 30-35(D)(2)(a) of the City Code. NARRATIVE: The mixed-use property corresponding to the proposed setback for which the variance is requested is indicative of a special condition potentially worthy of consideration for variance with respect to Part 1 of Section 30-35(D)(2)(a). As currently written in Three Rivers City Code, there are literal interpretations of city’s zoning ordinance that would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district, 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 the granting of the variance on the side setback of the proposed residential use relative to the parcel boundary, with respect to Part 4 of Section 30-35(D)(2)(a), would not constitute 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: a) not confer any special privilege already denied by Chapter 30 to other structures in the same zoning district, b) be in harmony with the general purpose and intent of the City’s Zoning Ordinance; Ch. 30, and c) not be injurious to the neighborhood, or otherwise detrimental to the public welfare. ATTACHMENTS: Application for Variance Request, Zoning Permit, related documentation RECOMMENDATION: It is recommended that the Board of Appeals review the submitted application for variance request and, if it meets the requirements, move to approve the plan. Page 4 of 19 lfyou have not already done so, please contact the Zoning Administrator* to see ifthere are other, alternative methods of compliance. THREE RIVERS City of Three Rivers 333 West Michigan Avenue - Three Rivers, Michigan 49093 Phone: 269.273.1075 - Fax: 269.273.3132 vwvw.threeriversmi.org MIC H IG A N * Zoning Administrator's office (SAFEbuilt): Tel. 269-729-9244 Email: athensmi@safebuilt.com ZONING BOARD OF APPEALS APPLICATION FOR VARIANCE REQUEST Applicant: Address: Evening Phone: Email Address: Provide a briefdescription of the variance request. '17’ .9 2 - ’ /er’ 51 / .2 (Sketchof property and setback dimensioniybe 2 ..';f:"y’ A7a//; attached) . V l / - we view V 14//‘ , ‘av ~>‘ \’e ’,w/ 2») ’ 56' '/74/.,< ;«W,r 7 zz'°’5» " e; J//w "4. I’ to ucw ”:’ bran / / t 1 3/ 4 A W [NOTI-3: City Code can be viewed online at www.threer1'versmLorg] 1. Explain any special conditions and circumstances that exist which are peculiar to the land, structure, or building involved and are not applicable to other lands, structures or buildings in the same zoning district /9"" [Questions 1 & 2 pertain to City Code Sections 30—3S[D](2)(a)(i] (D)(2)(a)[ii), respectively.] 2. Provide any evidence of literal interpretation ofprovisions written in the city's zoning ordinance that would deprive you of rights commonly enjoyed by other properties in the same district. 3. Have any of the special conditions or circumstances (listed in #1) resulted from action taken by you? YES0 M U [City Code 30—35(D)(2](a)(iii) Requirement: special conditions and circumstances don_ot resultfromthe actions ofthe applicant] Please Explain: Any additional considerations in regards to the granting of the variance requested? (use back ifnecessary) /4,11 . Z I understand the fee for this application grep;_ is non-refundable. Applican/tzsignature Date Page 5 of 19  SAFEbu‘|/ltt ZONING INSPECTION REPORT PERMIT# JURISDICTION Date of Inspection Inspector Phone No. (_;6_9__)_]_Z $_9_-2;2_<_1_~’_I Property Address Owner Phone No. Contractor Phone No. Q COMMERCIAL Q RESIDENTIAL Q AGRICULTURAL Q New Structure D API-'lroved C] N00 C0nf0"'?in9 Q Accessory Structure Q Not Approved Cl COWS!‘I-OI Q Addition/Alteration Q Refer to ZBA D Waterfront Q Change of Use Q Refer to Planning Comm. Q Re-Inspection Q Sign Q Other Required $ PAYABLE MGR To Q Fence Q See Notes Below SCHEDULINGTHE Q Ordinance Violation RE—lNSPEC‘l'lON. CIPooVH°tTub l-“鑧»‘fl§$‘5§,’§Sf2‘ll§ Q Other Zoning District I $ REQUIRED SETBACKS PROPOSED SETBACKS Front Front Left Side Left Side Right Side Right Side Rear Rear Ma_X Proposed Helght Height Max Proposed Lot Coverage Lot Coverage —‘__j'__—__ NOTES: Page 6 of 19 White Office File Copy - Yellow - Permit Applicant’s Copy  SAFEbuI|t. ZONING INSPECTION REPORT . 7/3 ”/ '15‘ low Z(/JURISDICTION ? Z 53/77 , ' PERMIT# 3 (Q 230 32 M < M/E " Date oflnspection Inspector Phone No.(269)729-9244 Property Address //2§/LJ /4 ‘C l‘Hr5”"" Q‘/-/‘E’./IL? W HI) ‘AK [zud Qug/d Q16 —i7§ -/ ‘//2 " Owner Phone No. Contractor Phone No. oerCOMMERCIAL TO 7 @'E\si_i7§IEN/i‘i/lI‘;LtIo/e\’ El AGRICULTURAL 3 New Structure II Approved CINon Conforming j Accessory Structure t - L 3 COTHBF L0‘ 3 Add‘ ‘on/Alteration . éfér to ZBA 3 Waterimnt nangeof use j Refer to Planning comm. Cl Re-Inspection 3 sign 3 Other’! Required 5 i___ _ stance :2L:EbEi.‘2°$:£° Q Ordinance Violation ' RE-INSPECTION. :1 PoovHotTub $‘c?‘rZ§T5§f§E%?3t..E 3 Other Zoning District __Z__ / L; REQUIRED SETBACKS PROPOSED SETBACKS Z4’ ’ Front Front 3 5' t Leit Side 7 c2 ’ (Z ._gnis?d.,”*\) «7 ' Right Side Z6 ' Right Side 29’ /e ' ’ Rear 2.9’ Rear 2c /, Max , - Pro osed Height go" Height — ‘/6 ‘J » Max P posed Lot Coverage g 4 Lcratt’ Coverage /‘/é NOTES‘ or as; man ow um/0 //4%/’rw,~c;//7 C/.JrAus’,5’ 5701/ xi /w<»w~m< t/Mr/T; Av Aacccdap ask” /27 any 0% }c2—2?‘(D)(1?A/40 zo—z7(0)(;iXA) a/> rz/,/; 2w/~€ 02 i7»~Mw" - //a-«/4/or:”L /}§ A (0uI7lT/C‘A/ (mm) r"M/Mu$TM//$7’ 5/1,;/1/C /656% /M »//mdéf/—>0 f /zzff/?rumic W/57/1,/Lr mum :5 e,—C — /ML azsww /»L,¢/rs-M 5&5 6/77 w/rh4/»i’/ /tifixca?f r’//’su7/,7S 0’ 7’/i~9 .zo"rs lib"!-‘<.Zou/utiu.-,iT v//w,~r7. ' '21:; ‘wt Page 7 of 19 White Of?ce File Cop) — Yellow - Permit Applicant's Cop)  CHAPTER30 ZONING A 30-23 3.-2 GENERAL BUSINESS DlS'|'RlG'|'.' (A) Purmse. The purpose of the B-2 General Business District is to provide for the establishment of commercial and service activities which draw from and serve customers from the entire community or region and are located in areas which are well served by collector or arterial street facilities outside the Central Business District. (B) Permitted Uses. The following are pennitted uses in a B-2 District: (1) All pennitted uses allowed in a B-1 District (2) Retail gasoline and retail gasoline with convenience store (3) Any generally recognized retail business which supplies commodities on the premises within a completely enclosed building, such as but not limited to: foods, dnrgs, liquor, furniture, clothing, dry goods, gifts, antiques, pets and pet needs, auto accessories, notions or hardware. (4) Eating and drinking establishments including but not limited to: restaurants, taverns, cafes, drive-thru and drive—ins. (5) Amusement places (such as dance halls or roller rinks) (5) Commercial recreational uses such as bowling alleys, pool or billiard parlor or club, indoor archery, indoor tennis clubs, health clubs and other similar indoor commercial recreation establishments. (7) Copy service and instant offset printing service (8) Department and discount stores (9) Dry cleaning plants (10) Electrical appliance stores including incidental repair and assembly, but not fabricating or manufacturing (11) Employment agencies (12) Garden supply stores, when completely enclosed (13) Govemmental and public utility buildings (14) Private clubs or lodges (15) Public utilities (16) Theaters, not of the outdoor drive-in type (17) Travel bureaus, transportation ticket of?ces (18) Variety stores, 5 and 10 cent stores, and stores of similar nature (19) Other uses similar to the uses listed above based on Planning Commission approval. (C) Permitted Aocessog Uses. The following are pennitted accessory uses in a B-2 District: (1) All permitted accessory uses allowed in a B-1 District. (D) The following conditional uses are permitted in the B-2 district subject to site plan review as provided in Section 30-36 of this Chapter and the following additional requirements. I D (1) All conditional uses, subject to the same conditions, aialleweddnthe B€1'Di§trict. (2) Home improvement centers provided that: (a) The maximum size of an outdoor display area may not be more than 20 percent of the enclosed retail area. (b) The storage andlor display of any materials and/or products shall meet all setback requirements of a suucture. (c) Any outdoor storage and/or display of materials and/or products shall be located immediately adjacent to the building and be enclosed by either glass or decorative fencing material. (d) The storage of any soil, fertilizer, or other loose, unpackaged materials shall be contained so as to prevent any e?ects on adjacent uses. (3) Trade Schools provided that: (a) The use for which training is rendered is permitted in the District. (4) Outdoor sales pace for exclusive sale of new or used automobiles, trucks, motor homes or house trailers provided that: (a) All lighting shall be shielded from adjacent residential districts. (b) ingress and egress to the outdoor sales area shall be at least 60 feet from the intersection of any two streets. (c) The area of the site to be used for outdoor sales, display or storage shall not exceed seventy percent of the total site. (2017) 30-48 Page 8 of 19 CHAPTER30 ZONING (4) ParkimWithin Mobile Home Communities. In mobile home communities, residential parking shall be provided at the rate of two (2) off-street parking spaces per dwelling unit. (5) Traf?c Visibilmr.Traf?c visibility within mobile home communities shall be in accordance with Section 30- 16(D) of this Chapter. (6) Screening and Landscaping. Screening and landscaping requirements for mobile home communities shall be in accordance with Section 30-16 of this Chapter. (7) Streets. Streets that are to be dedicated to the City, it any. shall be constructed in accordance with the general subdivision regulations of the City, and such plans shall be reviewed and approved by the City Manager. Yards adjacent to public streets shall comply with Subsection (9)(a) of this Section, 341 O% BU$lNE8$~Ill|$l'R|I.'.'Il'. (A) Pu?se. The purpose of the B-1 Neighborhood Business District is to provide for low intensity retail or service outlets which deal directly with the customer for whom the goods or services are furnished. The uses allowed in this District are to provide goods and services on a limited community market scale and are to be located only in areas which are well served by collector or arterial street facilities at the edge of residential districts. Establishments in this district willgenerally be small in floor and site area, typically no larger than 15,000 square feet and three to ?ve acres. All pennitted and conditional uses abutting a residential district shall be screened and landscaped in accordance with Section 30-16 of this Chapter. (B) Permitted Uses. The following are pemiitted uses In a B-1 District: (1) Generally recognized retail businesses which supply commodities on the premises, such as but not limited to; pharmacies, dry goods, clothing, bicycle sales, camera and photographic supplies. ?orist shops. hardware, and gifts or novelty shops. (2) Generally recognized hobby, art, crait, and school supply stores. (3) Generally recognized retail businesses which supply food goods such as but not limited to; groceries, meats, dairy products, baked goods. frozen foods or other foods, but not to include locker plants. (4) Fmit or vegetable store but not including sales from moveable, motorized vehicles. (5) Personal service establishments which perfomi services on the premises, such as but not limited to; repair shops (watch. radio. television, shoe, etc.), tailor shops. beauty parlors or barbershops. photographic studios, and self-service laundries and dry cleaners. (6) Restaurants, or other places sewing food or beverage, such as but not timed to: candy and ice cream shops, delicatessens, and general sit—downrestaurants, except those having the character of a drive-in, drive-thru or outdoor eating area, (7) Post ot?ce and similar governmental ot?ce buildings, serving only persons living in the adjacent residential area. (8) Bank, savings and loan, credit unions and other ?nancial institutions (9) Commercial and professional ot?ces, such as but not limited to: executive and administrative offices. medical dental of?ces and clinics, insurance sales, accountants, and real estate sales. (10) Liquor, off-site consumption (11) Locksmith (12) Other uses similar to the uses listed above based on Planning Commission approval. (C) Pennitted Accesso Use . The following are permitted accessory uses in a B-1 District: (1) Off—streetparking as regulated by Section 30-17 of this Chapter. (2) Off-street loading as regulated by Section 30-18 of this Chapter. (2017) 30-46 Page 9 of 19 CHAPTER30 (D) . (3) Solar collector panels; ZONING The following conditional uses are permitted in the B-1 District subject to site plan review as provided in Section 30-36 of this Chapter and the following additional requirements. (1) All conditional uses. subject to the same conditions, as allowed in the R-1thru R-5 Districts. (2) Residential uses provided that: (3) Buildings devoted solely to residential uses shall meet the lot area,eetbacl<, and height requirements otthe nearemadjalnlng residenlhl district. (Q. q’ ”) (b) Residential and non-residential uses shall not be contained on the same ?oor. (c) Residential and non-residential uses shall have separate entrances and exists. (3) Retail Gasoline and Retail Gasoline with Convenience Stores provided that: (a) They are located along State highways. (b) Sites shall be a minimum of 10,000 square feet and so ananged that at least two stacking spaces are available for motor vehicles which are required to wait. (c) All lighting shall be shielded from adjacent residential districts and from abutting streets. (d) Service and repair work of any kind on motor vehicles is strictly prohibited. (4) Trade Schools provided that: (a) The use for which training is rendered is pennitted in the District. (5) Drive—inor dn've—through restaurants or restaurants with outdoor eating areas subject to the following: (a) An access lane shall be provided adjacent to the drive-through lane to facilitate traf?c ?ow. (b) Where the lot abuts a residential district, a ten-foot greenstrip and a fence shall be provided in accordance with Section 30—16. (c) Outdoor eating areas may be located in any yard; shall only include tables. chairs, umbrellas, canopies. awnings. fencing, and other ?xtures which are uniform in design and made of quality materials and with quality workmanship; shall be maintained in a neat and orderly appearance at all times and shall be cleared of all debris on a periodic basis during the day and at the close of each business day; shall include an outdoor trash receptacle within the seating area to help ensure an orderly appearance; and, shall not include any cooking, storage, cooling, refrigeration, or other equipment located within the seating area. No food preparation shall be allowed in the outdoor eating area. (5) Home improvement centers provided that: (a) The maximum size of an outdoor display area may not be more than ten (10) percent of the enclosed retail area. (b) The display of any materials and / or products shall meet all setback requirements of a structure. shall be located immediately adjacent to the building, and be enclosed by either glass or decorative fencing material. (c) Outdoor storage is prohibited. (E) Special Exception Uses. The following special exception uses may be allowed in the B-1 District subject to review and approval in accordance with the provisions of Section 30-34 of this Chapter. (1) Joint parking (2) Off-site parking (3) Domestic assault shelters (4) Transitory food units (5) Communication towers (6) Day spas or massage establishments, as de?ned in Section 5-7 of this Code (7) Large Retail and Commercial Service Buildings -Commercial Planned Development. (3) On-Site Wind Energy Conversion systems (F) Lot Area Setback and Height Reguirements. All buildings and uses within the B-1 District shall be subject to the requirements of the Schedule of Regulations in Section 30-20 of this Chapter unless othenwise speci?ed. (2017) 30-47 Page 10 of 19 CHAPTER30 ZONING CHART 3 - SCHEDULE OF REGULATIONS 30-20 SCHEDULE LIMITINGHEIGHT.BULK.DENSITY 8: AREA BY ZONING DISTRICT Minimum Lot Size: Maximum MrilnrurnYardSetback: Minimum Area Per Unit Height: Front/Side’I Rear Floor Area Zoning District General Uses Permitted Vi?dth / Depth (Sq. Ft. / Ft./Ft.) lstoriesl (8) Feet) (Feet) (1), (2), (3), (9) Per Unit (Sq. Ft.) R1 Sin?e Family Residential Single Family 1L(Xl)x80x 120 21/1/30 30x1Dx25 1.203 R2Single Family Residential Singie Family 8,Amx Box 110 2 1/2/30 30x 10x 75 850 R3 Single Family Residential Single Family 6,750 x 60x 1(1) 2 1/1 I 30 75 x 10;: 75 B50 and Two Family Residential Two Family 4,2mx 75 x 100 2 in / 30 25 x 10): 25 B50 R4Medium Density Residential Single Family 6,750x6Dx mu 21/1/30 25x 10x 7.5 850 Two Famlly 4.200x 75 x 100 2 1/1 I 30 30K 10 x 25 450 Multi Family 4,2wx lmx 1(1) 3/36 35x 15x25 450 I l??lshllerrslty?nldential Mllti Family 3,000x 1(lJx 120 4/48 351211! 25 450 R-MH Mobile Home See District Requirements at Section 3026 3-1 Neighborhood Business Business 8,400): 60x 110 2 in I 30 30 x 10 (A)x 75 850 B-2 General Business Business Office None x 60): None 3/ 36 30x 10 (4) x 7.5 None B-3Central Business Business Office None x None x None 4/ 48 None (7) x None (4) it None (4) None I-1 Light Industry Industry 20,000 x 100x None 4/ 48 30 x 10(5) x 20 (5) None l-2 General Industry Industry 2D,(.'X.‘?xlmx None 4/ 48 30 x 10 (6) x 20 (6) None I-3 Industrial Park See District Requirements at Section 3032 I-4 Airport Industrial Park See District Requirements at Section 30-32}! A Airport Airport Related 20,(Xl)x lmx None 4/ 48 30:1 10(6) x 20(6) None Notes to Schedule of Rs_.-gulations. (1) Where properties of different zone districts are contiguous, and one (1) or both of the properties is in a residential district, the minimum yard setbacks of the higher residential district shall apply to the other property unless the minimum requirements of the abutting property are more stringent. or unless otherwise provided by this Chapter. (2) Where front yards of two (2) or more principal structures in any block (in the case of platted lots) or within three-hundred (300') feet (in the case of unplatted lots) in existence prior to August 22, 1983, within the district zoned and on the same side of the street are less than the minimum front yards required herein, then any building subsequently erected within said block or three hundred (300') feet shall not be less and need not be greater than the average depth of the front yards of the existing stmctures. (3) All exterior side yards abutting a street shall be provided with a setback equal to the front yard setback requirements of the district in which located and all regulations applicable to a front yard shall apply. However, in a residential Districtwhen two rear yards abut each other at a block end, the exterior side yard setback may be equal to the minimum side yard setback of the District. (4) Where a B-1, B-2 or B-3 Business District is contiguous to any residential district, any contiguous side or rear yard shall be a minimum of twenty (20') feet. (5) Where an I-1 Industrial District is contiguous to any residential district, any contiguous side or rear yard shall be a minimum of twenty-?ve (25') feet. (6) Where an I-2 Industrial District or An Airport District is contiguous to any residential district, any contiguous side or rear yard shall be a minimum of thirty-?ve (35) feet. (2017) 30-90 Page 11 of 19  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 (storage barn) at 310 Kellogg Ave. DATE: May 10, 2023 SUMMARY: Applicants (Kim & Diane Meyle) own property located at 310 Kellogg Avenue at the North end of Elm St. and adjacent to Armstrong Park with the intention of constructing an accessory building on the property. The submitted application for a variance on the placement of the building has been reviewed by City Staff with the conclusion that the variance under consideration meets most of the requirements under Section 30-35 of the City Code. COMPLIANCE NARRATIVE: The residential corner lot (with dead end street) on which the building has been proposed is indicative of a special condition potentially worthy of consideration for variance with respect to Part 1 of Section 30-35(D)(2)(a). There are no known literal interpretations of city zoning ordinance stipulations that would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter, and no known actions taken by the applicant have resulted in special circumstances with respect to Parts 2 & 3 of said section. With respect to Part 4, while the granting of the variance on the location of the proposed building may constitute a special privilege already denied to other residents and for similar structures in the same zoning district, the granting of this variance would 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 of Appeals review the submitted application for variance request and, if it meets the requirements, move to approve the plan. Page 12 of 19 lfyou have not already donesa, please Contact the Zoning Administrator* to see iftliere are other, alternative methods ofconiplizince. i EE IVE .. , . City of Three Rivers . 333 West Michigan Avenue - Three Rivers, Michigan 49093 Phone: 269.273.1075 Fax: 269.273.3132 « www.threeriversmi.org MICHIGAN Zoning Administrator’: office [SAFEbuiIt): Tel. 269-729-9244 Email: zitliensini@sai'cl)uiIt.coin ZONING BOARD OF APPEALS APPLICATION FOR VARIANCE REQUEST Applicant: l<l‘)7°l/ Dl??g Address: (7 M»€_l,_L4‘7C»;é Daytime Phone: 269- 297-’ Q»"l'lZ Evening Phone: —-—--“" Best times to call: 3:0 (2 Pg EmailAddress: Provide a briefdescription of the variance request. (Sketch of property and setback dimensions may be attached) j?mcn Ql_\lg¢iC;.€ grfn t,\)[_T}-l owl <2./=yJ3z¢ic;€ (.‘i‘i;i'n<lwrun lit/,'i‘1’z>i.-.rrvlum/i-zuzztwww.ilxri:c:ivL>i’smi.ui‘;;] ll\l<)‘l‘FI: 1. Explain any special conditions and circumstances that exist which are peculiar to the /and, structure, or building involved and are not applicable to other lands, structures or buildings in the same zoning district been EALD AL , <a ?lzld an Noemi is EiEl5'Iil20N cgg 531;? \lAc/3NT LOTS EJN S'D\j‘l-3: LiD_L: BDLO men PU”C'tr 0/\l C?S lQiit‘\itl>li\’i .r imiim ii) i'.ii_yl'.mii-\\‘i‘lliili5 iii T)"1(lJ)(13](.i)[§lJD(D)[Z)(d){lI),i‘4’.<j.iz:illi’lIb',) 2. Provide any evidence of literal interpretation ofprovisions written in the city's zoning ordinance that would deprive you ofrig?ts commonly enjoyed Qyotherproperties in the same district. ll>‘ PA<;'r l‘Ev)~rr Ame or Ilvi>Le:.cm 6es‘r exist: 3. Have any of the special conditions or circumstances (listed in #1) resulted from action taken by you? YES0 N9 [Ciw Code 30~35(D)[2)[a) [iii] Reqilireriieiitr special coridiricnisand circumstances dU?9£rES(llffr0I11 the actions oftheapplicaric] Please Expla ri: Any additional considerations in regards to the granting of the variance requested? (use back ifiiecessary) m;;;"’i:"cTs No neziieces /~)ca=s§ ore xii Eu)<_; gm‘ I understand the this application is non-refundable, Applicant Signature M1% Date s] / V Z3‘> ‘ Page 13 of 19  <EI~v.,:M ‘\“"0:t\3No Lg X —-< 335%“:10 lmgg ?A3_<3w73 Page 14 of 19 N CITYOFTHREERIVERS MICIITGAN \ 333 WEST AVENUE N RWIZRS, 4‘,!(i9’.5 1IHRH‘. ‘ Phone : (269) ‘ll’.-H0’/'.‘z 4 I 1 ‘ 1 Nl:‘{Ll~. a l‘1H\Nt ‘ Fmuv.Km Ruuczivetl Time: H:(’l6:i-MAM , [)a\'r3: 04/1'//2f,l2'3 (14/W/‘Z0213 ‘ Pcmimhate: ‘ Receipt: 483953 1'ON Cassi}ier : UPAV 1310 KELLOG MOUNT ~1‘l|€Ml{E|“l':Rf-NCJE ‘ ZUNVR VAR’II\N()I-' ZONING $75.00 \31oKELLOU $7‘.5.00 WM ‘ $75.00 81'!1 { CHI‘-.l2l( $'I5.(m Total 'lendered: ) $().('10 1‘.|\angt=.: PLEAS[NUIE: 1NBPl‘:{llVl or PAY I RLUEIPT MIRP|‘:RHll‘SUR MEN! uws APPROVAL \UULSNU!CUNSIITUE i Page 15 of 19 J 1 9  SAFEbu{lt. ZONING INSPECTION REPORT PER}IIT# Z9 - TILL-7-6<c/t/JLIRISDICTION 7 /2, Q17 Date of Inspection ?c- ?+ Inspector l. l<t-t"zf Phone No. (269) 7 9-92.14 7/o ,/49/(4 AC nuE- Propertv Address /zt",t fETz^a' ze2- zn2- c22z- Owner Phonc No. Conlractor Phone No. fl coMMERCTAL ;Z'*eaoENTlAL il AGRICULTURAL fl New Structure f Approved f Non Conforming p{rxrssory Structure Approved ffime r Lot 3 Addition/Alteration to ZBA I Waterfiont I Change of Use D Refer to Planning Comm. D Re-lnspection ff Sign ff Other Required $ I Fence ;*seeNot* Below PAYABLE PRIOR TO SCHEDULING THE I Ordinance Molation RE-INSPECTION- I PooUHot Tub MAKE CHECK PAYABLE TO THE JURISDICTION, fI Other Zoning District R-,)., REQUIRED SETBACKS PROPOSED SETBACKS )(4/zo <* 2 7,,n Fftt D f L/$ a,1= 1P.td FrOnt By'gt-"0 l/oort' Left Side 5 Left Side I r /rLA -) Right Side [4".f L1//// cl r'f''q/t RightSide ,/ o " ,P]o 7n-otLJ o+p y' y pA3T r*tuJ a1 "t)l! Rear Rear 1'+- or Lk At, Max Proposad Height /c Height /6' P ', GnD ltz, Max .-*t-t-P tltc"t' c* i/rt4y' Proposed At t Acc6t.'L7 t' Lot Coverage - /,tzo 5/ Lot Coverage 060 tr' NOTES: //./tr fz a6,c5l-p 7-L/' r'- zc/ ^4u 9A/LD (s lz to) n4rt Z-dil.s- trl/Aur.t"dua'ttT9 u/tTh f/.t/ i/-celrruJ oy' il<4r 9oF o,J Z.-^,t sL /fz- 1/crta,.t 10 -/ Z (C ) or //lZ/ Zo,tt^re 4lp1Dndci -/at/ ,1/+V /Joffi/r'' (oenz-F2 7:/ ArV FzorrT /4/LP /a/rL /lLoPcctp€ 70 96 /o' .dy'D F4er,7 YA/t0 Aa/rD dl Azu 97. /tz1qtd s/r"d Urz C//tQz- /<z yA/L//.///cE A//acrtr,, Page 16 of 19 White - O{fice File Cop! Ye llow - Permit Applicant's Copy CHAPTER 30 ZONING use. Once a non-@nforming slructure or parcel of land has been changed, it shall not thereafter be altered or changed to increase the non-conformity. (G) lf at any time a nonronforming building, structure or use shall be destroyed to the extent of more than fifty (50%) percent of its fair market value, as determined by the City Assessor, then without further action by the City Commission, the building and the hnd on Mrich the building was located or mainlained shall, from and after the date of the destruction, be subiect to all provisions of this Chapter for the district in which the land is located. Any building which is damaged to an extent of less than ffty (50%) percent of its value may be restored to its former extent. (H) Whenever a laMul non-crnforming use of a structure or land is discontinued for a period of six (6) monlhs or more, any future use of the struclure or land shall be made to conform with lhe provisions of this Chapter. (l) Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted, including necessary non€tructural repairs and incidental alterations which do not physically extend or inlensify the non-conforming use. (J) Atterations may be made to a building of lawful nonronforming residential units when they will improve the livability thereof provided they will not increase the number of dwelling units or the nontonformity. (K) Lawful non-conioming, non-inmme prcducing, residential units may be extended to improve livability, provided that the non-conformity of the structurc will not be increased. 3O-IO GENERAL BUILOING AND PERFORMANCE REQUIREMENTS. (A) Dwelling Unit Restrictions. (1) No basement, garage, tent or accessory building shall at any time be used as an independent residenc€ or dwelling unit, temporarily or permanently, except as provided by Chapter 12 of this Code. (2) Basements may be used as living quarleB or rooms as a portion of residential dwelling subject to the provisions of Chapter 12 of this Code. (3) Earth-sheltered housing shall not be considered as a basemenl or cellar. (4) Tents, play houses or similar structures may be used for play or recl.eational purposes only. 30-11 PLATTED AND UNPLATTED LAND. (A) Any person desiring to improve land shall submat to the Building Official a survey ot the land and information on the localion and dimensions of eisting and proposed buildings, location of easements, encroachments, and any other information which may be necessary to insure mnformance with provisions of this Chapter. (B) All buildings shall be so placed so that they will not obstuct future streels which may be constructed by the City in conformity with existing streets and according to the system and standards employed by the City. (c) A lot of remrd existing upon August 22, 1983, in a residential district which does not meet the requirements of this Chapter as to the area or width may be utilized for single family detached dwelling purposes provided that: (1) The lot is in separate ownership and not of conlinuous frontage with other lots in the same ownership. (21 The measurements of the lot area and width are within seventy (70%) percent ofthe requirements of this Chapter. (3) Setbacks and yard requirements are in @nformance with this Chapter. (D) Except as provided for in this Chapter, not more lhan one (1) principal building shall be located on a lot. (E) On a through lot (a lol ftonting on tlvo (2) parallel streets) both street lines shall b€ front lol lines for applying the yard and parking requirements of this Chapter. 3&12 ACCESSORY BUILDINGS, USES ANO EQUIPiIENT. (A) An accessory building shall be considered an integral part of the building if the accessory building and the principal building have a common wall. Accessory buildings attached in lhe aforementioned manner shall comply with all regulations pertaining to principal structures. Porches, mve,ed passageways and decks are not considered adequate attachment of an accessory building to a principal building. (B) Accessory buildings shall not exceed eighteen (18') feet in height. (c) No accessory buiHing shall be located in any front yard or required side yard. (D) No permit shall be issued for lhe construclion of more than one ('l) private garage stmcture for each detached single (2017) 30-15 Page 17 of 19 CHAPTER 30 ZONING Temporary Use or Building means a use or building permitted to exist for a limited period of time under the conditions and procedures as provided for in this Code. Town House means struclures housing three (3) to eight (8) contiguous dwelling units of not more than two (2) stories each and having separate and individual front and rear entrances, such structures to be of lhe town or row house type as mntrasted to multiple dwelling apartment structures. Transient i/larchant means the retail sale of goods, wares, merchandise or services within the City not located in a permanent struclure or not conducting business on behalf of and solely for lhe benefit of a local non-profit organization. Transitory Food Unit means a food service establishment duly licensed by the Department ot Public Health that operates from a motor vehicle or is regularly transported by a motor vehicle and which does not r€ularly retum to a fixed food service establishment licensed by the Department of Public Health for servicing and mainlenance. Use means the purpose or activity for which land or a building thereon is designated, ananged, or intended, or for which it is occupied, utilized or maintained, and shall include the performance ol such activity as defined by the performance standards of lhis Chapter. Usable Open Spac€ means a required ground area or terrace area on a lot wtrich is graded, developed, and equipped and intended and maintalned for either aclive or passive recreation or bolh, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot. Open space areas shall be grassed and landscaped or covered only for a recreational purpose. Roofs, driveways, and parking areas shall not constilute usable open space. Variance means a waiver by the Zoning Board of Appeals of the literal provisions of this Chapter an instances M)ere its strict enforcement would cause practical difficulty because of physical circumstances unique to the individual property under consideration. Vegetation means the sum total of plant life in an area: or a plant mmmunity with distinguishable characteristics, Vehicle lmpound Yard means an enclosed area where impounded and wrecked vehicles are held in custody. Wind Energy Conversion StEtem means a system which converls wind energy into electricity through the use of a wind turbine generator and includes the turbine, blades, and tower as well as related electrical equipment. This does not include wiring to connect lhe wind energy system to lhe grid. Wind Energy Conversion StEtom, Onsite means a wind energy mnversion system which has a rated capacity of not more than 100 kilowatts (kW) and which is primarily intended to reduce on sile consumption of utility power. Yard means an open space on the lot which is unoccupied and unobstructed from the ground upward except as may be specifically provided in this Chapter. A yard extends along a lot line at right angles to such lot line to a depth and width specified in the yard regulations for the zoning district in which the lot is located. Yard, Front meam a yard extending across the full width of the lot ard lying betu/een the front lot line and the nearest lins of the main building, excluding steps and unenclosed porches. ln the case of comer lots, the front yard shai be d6€md lo exist alorE each stEet ftontag€ (See Yard Figure). Yard, Rear means a yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the main building, excluding steps and unenclosed porches. Yard Depth, Rear means the horizontal distiance between the rear line of the main building and the center line of an alley, where an alley exists; otherwise, a rear lot line. Yard, Side means a yard between the side lot line and the nearest line of the building and extending from the front yard to the rear yard (See Yards Figure). l2o77l 30-13 Page 18 of 19  Page 19 of 19 C 0F r 441 3\O (;ttoe c i.r\ (x\ r\ F*-\, \- lr- / L i\.-\.. t\- 3\ -\ ! q t'\ 6.v .,i- t\-a\)a\ C l.a..\ -s\ r\.7 s i a\1 l lF-o is\ t:- : \.1 St ,S\-r( f\t raL- I J^+ i, r'. != (t S N I\l .P r- o, n'e -i -s- a6\ q VN -1. rr{ \) r) o eN -c E+ -) d al: R v V N \ e4 N i4 +--- p \ -p I $r \) \\i 6' A -Fs c. r: R.- \ N rt.. P \ B,t }