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Board of Appeals

Regular Meeting

Three Rivers, MI · July 12, 2023

Agenda

Agenda

AGENDA Board of Appeals Wednesday, July 12, 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 May 10, 2023 2-3 Board of Appeals - May 10 2023 - Minutes - Pdf 5. GENERAL COMMENTS This portion of the meeting is for general comments from the public regarding topics not on the agenda. Each person will be allowed to address the board for 5 minutes. The purpose of general comments is to allow the public to address concerns to the board rather than present questions or engage in public debate or Q&A. 6. PUBLIC HEARINGS 6.A. Variance request for a fence at 202 N. Douglas Ave. 4 - 12 Report to ZBA - 202 N. Douglas Ave Application to ZBA (202 N Douglas #2) July 2023 Zoning Inspection Report Board of Appeals - Apr 12 2023 - Minutes - Pdf 6.B. Variance request for a wall sign at 910 S. US-131 13 - 17 Report to ZBA (910 S. US-131) Application to ZBA (910 S US-131) Armor PT (Three Rivers)_5-8-2023-B Zoning Inspection Report 7. DISCUSSION 8. ADJOURNMENT Page 1 of 17 MEETING MINUTES Board of Appeals Wednesday, May 10, 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 Vice Chair Chuck Friese called the board meeting of the Three Rivers City Zoning Board of Appeals (herein referred to as the “board") to order at 12:02pm in the Commission Chambers of City Hall. 2. ROLL CALL Board Members Present: Chuck Friese, Daly Hoyt and Polash Pandey. Also present: Joe Kline (Zoning Official), John Beebe (Liaison), Leslie Wilson (Clerk). Absent: Dave Miller (chair) 3. APPROVAL OF THE AGENDA It was moved by board member Dale Hoyt and seconded by board member Polash Pandey to approve the agenda with the modification to switch items 6A and 6B. The motion passed 3-0. 4. APPROVAL OF MINUTES It was moved by Hoyt and seconded by Pandey to approve the minutes for April 12, 2023. The motion passed 3-0. 5. PUBLIC HEARING A. Variance Request for an accessory building (storage barn) at 310 Kellogg Ave. Vice Chair Friese provided an introduction and opened the public hearing at 12:04 pm. Kim Meyle of 310 Kellogg Ave stated he would like to build a larger garage to be able to park his truck in. Public comment was closed at 12:06 pm. Discussion by the board followed. The board reviewed the application for the accessory building (storage barn) in question per the city’s Zoning Ordinance. It was moved by Pandey to approve the variance request per City Code Sect. 30-35(D)(2)(f). Hoyt seconded the motion, and the motion passed 3-0. B. Variance Request for a side setback at 1125 W. Michigan Ave. Vice Chair Friese provided an introduction and opened the public hearing at 12:21 pm. Public comment was closed at 12:21 pm. Discussion by the board followed. Page 2 of 17 The board reviewed the application for the side setback in question per the city’s Zoning Ordinance. It was moved by Pandey to grant the variance request following Parts 3 and 4 of City Code Sect. 30-3535(D)(2)(a). Hoyt seconded the motion, and the motion passed 3-0. 6. GENERAL COMMENTS (none) 7. DISCUSSION Zoning Official Joe Kline provided an update on 202 N Douglas Ave. 8. ADJOURNMENT All business was concluded, and it was moved by Pandey and seconded by Hoyt to adjourn the meeting. Motion passed 3-0. The meeting was adjourned at 12:47 pm. Page 3 of 17 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 fence at 202 N. Douglas Avenue DATE: July 12, 2023 SUMMARY: Applicant (Mr. Tim Collins) owns property located on the North side of French Street between N. Douglas Ave. and N. Erie Ave. with a fence on the property. The submitted application for a variance on the placement of the fence has been reviewed by City Staff with the conclusion that the variance under consideration does not meet 3 of the requirements under Section 30-35(D)(2)(a) of the City Code. NARRATIVE: The residential lot on which the fence has been built is indicative of a special condition potentially worthy of consideration for variance with respect to Part 1 of Section 30- 35(D)(2)(a). With the adoption of City Ordinance 857 (July 2022), there are no known literal interpretations 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 have resulted in special circumstances with respect to Part 3 of said section. The granting of 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), and the granting of the variance (either by location or size) of the fence 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. Further, the granting of the variance in question would allow for a structure to be built without a building permit. 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. If so moved, the board may recommend one or more of the following actions to be taken by the applicant: a) relocate constructed fence to meet city zoning requirements for all residents, b) remove corner of fence at driveway for pedestrian safety, and/or c) apply for additional surface space (e.g., concrete) for parking to West of driveway to avoid ticketing. Page 4 of 17 lfyou have not already done so, please contact the Zoning Administrator* to see ifthere are other, alternative methods of compliance. IIRERIRS 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's office (SAFEbuilt): Tel. 269-729-9244 Email: athensmi@safebui1t.com ZOMNG BOARD OF APPEALS APPLICATION FOR VARIANCE REQUEST "" _j--.--"""" Applicant: (CBUINQ Addresszzaz NOIZE j)c.»t[(;.? Q A!/6. Daytime Phone: Zé‘I‘—‘I'2‘l~ /‘75’l Evening Phone: ?447“7'29"/5 3/ Best times to call: AF”W' ‘{"""0’.°«-A. Email Address: ’£¢}n..r.'cIp(/ fr.» ' Provide a briefdescription Of the variance request. :eZ:£vi».-:.s..m[I£';f ?zd/.'../?r»/£4? _ (Sketch of property and setback dimensions may be attached) $6 1254 5 /70'i/£’« ll V é/Wxé;75”‘v?/ I /Ué‘ 5/@7—>”/~/8‘ /i“vw<’::‘ as ‘A ‘.x ill‘:-.’{-‘¥‘l‘v'!;?i’~;illl.ul'§1J 1. Explain any special conditions and circumstances that exist which are peculiar to the land, structure, or building involved and are not applicable to other lands, structures or buildings in the same zoning district 9&1}/AQ Az.1«g_ze@.1§>_ZA:l_/§:__./»1 , ME-_4:, t4_/1445 /1.’ / S - -- - M ..... ..______ ........... -._._e__ ._.. We __ __ -_ . ~p4 __ . _: __.__t-.e.. }.i\_..g M LL7; W [;_.-;.‘:1 fishi; TL k L EE W m?ii z “W! 2. Provide any evidence of literal interpretation ofprovisions written in the city's zoning ordinance that would deprive you ofrights commonly enjoyed by other properties in the same district. 3366 ./?:_’e W7é,_ _-__7..ft.\_’81Q_.._.£§..':lf3,‘:"__?g ‘F 42:!/?g Lia - 90:./I/c9 -eé_I_.-41:34»;-e4£i..*._.i.,_._.$f_/53:7’, like s/I/kcieersr c/>"//1:, p I,4,'?.L€ 7«’r”s//we‘ 7- 3. Have any of the special conditions or circumstances (listed in #1) resulted from action taken by you? Yes O M Q [CityCode 30—3S[D)(2)[a)(iii)Requirement: special conditions and circumstances do n_ot result from the actions ofthe applicant] Please Explain: Any additional considerations in regards to the/granting of the va riance requ sted? (use back if necessary) _’: Ie_.»..,~,](F 2{W_.Q&¢_(_vW 3134/’ M/M am am ow)/a/hf I3/cg: M51? /3£cm«5é 7,7; S/o6-um./4 Q/‘J35 rv?éa 74'405; .3; /I.-4.0 .M§/we /I fu 04.5 .5 Eu}: __ F If‘/l/€:’?r”*l(./;'L(« fa (//9 /-Mugs’ 74:[35, Dog u ~ /31/gr 4/ , ¢‘,,..,V—&,., ,,/3: -f,;r_ /7" u/5'1/143 /wué an ?g E,.,g,¢‘#m,_5 W///,1;A ‘,3/cc 3% mu/Lo EI understand the fee for this application ; W 3\,/é. Z} ' is non-refundable. Applicant Signature Date Page 5 of 17 Receipt: 491195 05/30/23 333 WEST MICHIGAN AVENUE THREE RIVERS, MI 49093 Cashier: AJOHNSON Received Of: COLLINS, TIM (269) 273-1075 The sum of: ZONVR 202 N DOUGLAS AVE CASH 7500 Signed: Page 6 of 17 ZONING INSPECTION SAFEbu‘r/It. REPORT PERMIT# Z6 7&6-Zodiéé JURISDICTION f/(V C/"r7 Z 8L Date oflnspection / ' Inspector #2. /44 I*"#/ Phone No. (269) 729-9244 ProP¢"‘)' Address 10 2- ‘J Doug?//9" 9&1"; [/4 §‘g44’V»’ £6 7* 22/‘7~ / 2&2 / * Owner Phone No. Contractor Phone No. —I COMMERCIAL 19¢’ RESIDENTIAL E] AGRICULTURAL [J New Structure 3 Approved CINon Conforming [J Accessory Structure gt?merLot j Addition/Alteration ‘?—Refer to ZBA CIWaterfront '_'Ichange of Use 3 Refer to Planning Comm. CIR6-IHSPOCIIOH :1 Sign 3 Other Required 8 @“'°"°° §e«~otes Below ::::::i::2:;° 3 Ordinance Wolation RE-INSPECTION. 3 P00‘/H0‘Tub §‘8’§5.§I5§.“s§.’3§’?§if Z] Other T. Zoning District LL REQUIRED SETBACKS PROPOSED SETBACKS 14/’ocv6lr5$'4 Front 5/ACEpg {,J0/I7;/ Front /57,5;/up /95570/5/4045 ?/Um) P;L;»m -:7 Le? Side 59¢; g//’//c/// Q—‘[i,’?’sTfe:f) )' /W 5/ H_,7/,// #7’ “/#7‘) . » Ht, #1, 7 Right SId6 /.Jd‘LTL\— 1/ Right SIUS J A ftftf 0;r.i*r g;' p (1 PL:0/) WP5Y/ REEF HF’6/I"LP0/0/ Rear 5 ,-/4 @,g»).4,wg EMA 7) Max :4 , C Height ' 2 2 Zé 15’ ” _ Height ?éé M” /“Q Proposed L Lot Coverage Lot Coverage % NOTES: , V/V , , new»_~_vI 1 «« M/5 —é /“A//~/44//?<’€7//V")/$1//c///2’//“v‘*LJ»’ 057/we/H'pu/2’ \ /wager am» rs Wt 042% 6 rt/)‘5<UI4e’M/iv is’ 7 5 of/yo; 5 15/4;/3) A» 9 £2 (AM?) M) 4/5» g4/Vfortf/UV 0/P}/:4/L0 /,’p"Ta.J//51?/—/w4g’A/N9,(7:i‘},;.rr ,9;/ugpaasz/>) A r:f“»«A/ Auo Fag”;/4 .\ , 1:,‘ L04/4/;7[:"lL’*I> ‘g/La://"721/L0 1,1,1/4ro,r _ 0./5,:n,y"[; Qé‘-41,/,;r> «fa /\oom:IuA,_;7I70/1,TKL\.' 5); , As rm; rs au>.ou'>H/73 rgauuorur Lia;/1/L£a& <.»7g-M F!/vc'—r»‘ I0 w»«’—’ U!’ , , wflrr?‘ g 57of /;o-wm.;;a;<Mm¢MA1 ‘*L‘‘’,‘ z "’ - ;£p;& u/menw Um gm/pt. ‘'7;}{’‘’ ".",‘L“M4"“'E9”‘£’ Page 7 of 17 White Of?ce File Cop). - Yellow Perm’ Applicanfs Copy L‘ 17"’: C 5 5/” '4 - I Docusign Envelope ID: A99F17D2-6803-4311-B6B7—5B50E85C46BC THE CITY OF THREE RIVERS ORDINANCENO. E AN ORDINANCE TO AMEND CHAPTER 30 OF THE CODE OF THE CITY OF THREE RIVERS (THE ZONING ORDINANCE) PERTAINING TO RESIDENTIALDISTRICT FENCES AND OTHER CORRECTIONS TO THE CORRESPONDING SECTION OF THE ORDINANCE(INCLUDING ERROR AND NUMBERINGCORRECTIONS). THE CITY OF THREE RIVERS ORDAINS: SECTION 1. Section 30-15 of the Code of the City of Three Rivers is hereafter titled “FENCES” (including general and district requirements), and is amended as follows: (E) Residential District Fences — in all parts of the City zoned residential. (1) Boundag Line Fences. no boundary line fence shall be erected or maintained more than three feet (3') in height except that: 3) Fences on all corner lots erected within thirty feet (30') of the intersecting property line shall be subject to Section 30-16(D) regarding traf?c visibility. D) Subject to other restrictions contained within this Section. fences may be constructed to a height of six feet (6') on or along the side yard property line from the rear lot line to the front building line of the principal structure. Fences along any rear property line which is also the rear property line of an abutting lot or alley may be constructed to a height of six feet (6'). Fences along a rear property line which constitutes the side lot lines of an abutting lot shall not exceed six feet (6') in height for a distance as calculated in (E)(1)(b) above and shall not exceed three feet (3') in height when abutting a front yard line. In those instances where a boundary line fence exists as an enclosure which restricts access from the property, a gate, identi?able collapsible section, or other such means of recognizable ingress shall be provided for emergency vehicles. Such ingress points shall be unobstructed and a minimum of ten feet (10') in width. The location of such ingress points shall be positioned at any point paralleling the front lot line between the side lot property line and the principal structure. (2) Interior Yard Fences. 3) Any fence erected within any portion of the front yard shall not exceed four feet (4') in height. All other types of fences within any portion of the required front yard shall not exceed three feet (3') in height. All fences shall conform to Section 30-16(U) regarding traf?c visibility. Page 8 of 17 DOcuSIgn Envelope ID: A99F17DZ—68D3-4311-B637-5B50E85C46BC b) Within a side or rear yard, a fence up to six feet (6') in height may be erected as a total enclosure. c) Chain link fences (without slat screens) used for the enclosure of tennis courts or other such recreational purposes shall not exceed ten feet (10') in height and shall be located in a rear yard only. (F) Business and Industry DistrictFences - in all parts of the City zoned business [B-#] or industrial [|-#]. (1) Boundag Line and Interior Yard Fences. a) Boundary line fences shall not exceed ten feet (10') in height. Barbed wire may be used above seven feet (7') except for the I-3 Industrial Park * District; refer to Section 30-32(G)(10). b) Boundary line or interior yard fences erected within the required front » yard shall conform to Section 30-16(U), pertaining to traf?c visibility, and shall be of a chain link construction permitting maximum visibility. (G) Parks and Recreation Area Fences. (1) BoundarLLine and Interior Yard Fences. a) Boundary line fences in all parks and recreation areas may not exceed six feet (6') in height. Barbed wire may not be used. Fence construction shall be chain link type permitting maximum visibility. SECTION2: This Ordinance shall take effect on the 3th day of August 2022, followingadoption thereof and after legal publication City of Three Rivers. required by the Charter of the Ordained this 19"‘ day of WW ,2o22. l Approved this 19"‘ day of July .2022. ‘ ‘ Docusiqrwdby.‘ Q?zaawg Thomas J. Lowry, Mayor Page 9 of 17 CHAPTER30 ZONING (B) In general. any roo?ng material may be used that is generally acceptable material if applied in a manner consistent with other dwellings in the vicinity. (C) The dwelling shall have a roof overhang of not less than six (5") inches on all sides, or alternatively. window sills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling. (D) The dwelling shall have not less than two (2) exterior doors, one (1) of which shall be at the rear or side of the dwelling. Steps to exterior doors shall be provided where a difference in elevation exists between the bottom of the door and the ground. (E) Any materials that are generally acceptable as determined by dwelling units in the vicinity may be used for exterior ?nish if applied in such a manner as to be similar in appearance provided, however, that re?ection from such exterior shall not be greater than from siding coated with clean. white, gloss, exterior enamel. (F) The compatibility of design and appearance shall be determined in the first instance by the Zoning Administrator upon review of the plans submitted for a particular dwelling. Plans which do not conform to the standards of this Chapter shall be submitted for site plan review and approval in accordance with Section 30-36 and Chart 5. (G) Any determination of compatibility shall be based upon the standards set forth in this de?nition of "Dwelling Single Family“ as well as the character. design and appearance of one (1) or more residential dwellings located outside of mobile home communities and withintwo-thousand (2,000') feet of the subject dwelling where the area is developed with dwellings to the extent of not less than twenty (20%) percent of the lots situated within the area: or, where the area is not so developed, by the character, design and appearance of one (1) or more residential dwellings located outside of mobile home communities throughout the City. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour. or relief from the common or standard designed home. (8) The dwelling contains no additions or rooms or other areas which are not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required by this Chapter. (9) The dwelling complies with all applicable building and ?re codes. In the case of a mobile home, all construction and all plumbing, electrical apparatus and insulation within and connected to the mobile home shall be on a type and quality conforming to the "Mobile Home Construction and Safety Standards" as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, and as those standards may be amended from time to time. All dwellings shall meet or exceed all applicable roof snow load and strength requirements. (10) The foregoing standards shall not apply to a mobile home located in a licensed mobile home community except to the extent required by State or Federal law or othenivise speci?cally required in this Chapter. (11) All construction required herein shall be commenced only after a building pennit has been obtained in accordance with applicable City building code provisions and requirements. Dwelling - Two Family means a building containing not more than two (2) separate dwelling units designed for residential use and conforming in all other respects to the standards set forth in the de?nition for ‘Dwelling Single Family". Dwelling Unit means a residential building or portion thereof intended for occupancy by a family, but not including bed and breakfasts, hotels, motels, nursing homes, seasonal cabins. boarding or rooming houses, tourist homes, or trailers. Ef?clency Apartment means a dwelling unit consisting of one (1) principal room exclusive of bathroom, hallway, closets, or dining alcove. Essential Services means the erection, construction. alteration, or maintenance of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication. supply or disposal systems by public utilities, municipal or other governmental agencies, but not including buildings. Communication Towers are not de?ned as an essential service. Familymeans a person livingalone,or two (2) or more personscustomarily living together as a single housekeeping unit in‘a dwelling unit as distinguishedfrom a group occupying a hotel, club, religious or institutional building, boarding or lodging house, or fraternity or sorority house. Fence means any portion structure, wall or gate erected as a dividing marker, barrier, or enclosure. Fence-Boundary Line means all fences located on or within ?ve (5') feet of a property line. Fence-Interior Yard means all fences located ?ve (5') feet or more beyond a property line. 0 V1, (L 16/'VT’- 4’ " “’7 "’/ ' (2017) 30-5 Page 10 of 17 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 11 of 17 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 12 of 17 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 wall sign at 910 S. US-131 DATE: July 12, 2023 SUMMARY: Armor Physical Therapy intends to operate a business located in a 3-unit strip mall near the intersection of US-131 and W. Broadway Street with the intention of constructing a second wall sign on the building. The submitted application for a variance on the number of permitted wall signs has been reviewed by City Staff with the conclusion that the variance under consideration meets the requirements under Section 30-35(D)(2)(a) of the City Code. NARRATIVE: The unique building configuration and layout of the parking lot on which the second wall sign has been proposed is indicative of a special condition potentially worthy of consideration for variance with respect to Part 1 of said Section. There are known literal interpretations of city sign 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. No known actions taken by the applicant with respect to Part 3 of said section, the granting of this variance on the number of proposed wall signs would not constitute a special privilege already denied to other businesses in the same zoning district with respect to Part 4 of said Section, and would be in accordance with Section 30-35(D)(2)(f). Further, the granting of the variance in question would be in harmony with the general purpose and intent of the City’s Zoning Ordinance and in specific 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 variance of an additional wall sign -- with the understanding the business will follow all other signage and zoning provisions (in City Code, Chapter 30). Page 13 of 17 lfyou have not already done so, please contact the Zoning Administrator* to see if there are other, alternative methods of compliance. lllRER|VERS City of Three Rivers 333 West Michigan venue - Three Rivers, Michigan 49093 Phone: 269.273.107 - Fax: 269.273.3132 www.threeriversmi.o[g MICHIGAN * Zoning Administrator's office ($AI~‘Ebuilt): Tel. 269-729-9244 Email: athensmi@safebuilt.com ZONING BOARD OF APPEALS APPLICATION FOR VARIANCE REQUEST Applicant; Midwest Sign Company for Armor Physical Therapy Daytime Phone: 315'533‘l743 Evening Phone: Best times to call: between 38”? and 5pm gmaii Address; denise@midwestsignco.com Provide a briefdescription of the variance request. (Sketch of property and setback dimensions may be attached‘) a second_ ln_stall_ wallsign_o_n the north sideatthebuildi?g facing_WBroadway St. _ “-wag. I 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 They are on a comer lot with walls facing two streets. A second wall sign would make them visible from WBroadway. l\_r fl 2. Provide any evidence of literal interpretation ofprovlsions written in the city's zoning ordinance that would deprive you of rights commonly enjoy d by other properties in the same district. There aremany other businesses in that area that hav wall signs facing two street frontages. 3. Have any of the special conditions or circumstances (listed in #1) resulted from action taken by you? Yes O N9(9 [CityCode 30-3S(D][2)(a](iii] Requirement; special conditions and circumstances doggt resultframthe actions afthe applicant] Please Explain: M I understand the fee for this application is non-refundable. Applicant Slgna Page 14 of 17 Armor Physical Therapy so watt LEDpower supply inside raceway, painted aluminum 120 volt in, 12 volt out raceway (color to match building) tapcon screws aluminum conduit to junction box channel lettering inside bidg., weathenight w/acrylic races penetration sign criteria: 10% of total area of wall, 100 SF max junction box w/cover for connection calculations: 20.5’ X 81' = 1660.5 SF @10% = 166 = 100 SF allowed / white LED to source modules junction box w/switch description: internally illuminated channel lettering, translucent acrylic on exterior of raceway wall ed faces, installed on aluminum raceways painted to match building, 60 SF electrical: internally illuminated with LEDs, 60 watt power supply housed inside raceway, conduit to teed power through wall, weathertiglit penetration, lzov, UL listed FINALCONNECTION TO BE MADE BYOTHERS F Page 15 of 17 SIGNATURE: DATE: DRAWING: Armor PT three rivers MANAGER: M. Tiesma DATE: PROJECT: Armor PT/ThreeRivers DESIGN: R. Sobota 5/8/2023 3.5 MIDWEST 0 1124 Electric Ave. Wayland, Ml 49348 These designs, details and plans represented herein are the property of Midwest Sign Co; specifically developed for your personal use in connection N COMPANY @ midwestsignco.com 0 616-583-1743 with the project being planned for you by Midwest Sign Co. It is not to be shown to anyone outside your organization, nor is it to be used, reproduced, exhibited or copied in any fashion whatsoever. All designs (excepting registered trademarks) remain the property of Midwest Sign Co. ZONING SAFEbuIlt. INSPECTION REPORT PERIVIIT# 6?‘-7’”C’z'°0"57 JURISDICTION 7”‘ C77”, Date oflnspettion é ’/ '5 3 Insllector 7 /LL/bi‘? T? PIIOIIEN0- (2_.6_9_.i.T739'9-7-44 Property Address 9/6 § V; /’7/ ?g/rm £,,«/(/44, C///‘rt:/_%Z Q /Q r 3;; «$626 /00 AJJC7 2/Sp cm"/P G/é ’ ’ 74/ Owner Phone No. Contractor Phone No. ? COMMERCIAL El RESIDENTIAL CI AGRICULTURAL :1 New Structure 13Approved :1 Non Conformins j Accessory Structure ot Appro@\‘ ?C0m6fL01 C] Addition/Alteration Lgihferto ZBA 3 Wafefffont :1 Change of Use 3 Refer to Planning Comm. J Re-lnspection gis?n j Other Required 5 3 Fence [3 Ordinance Violation ?sse Notes Below :::‘:'fL::2c;:° RE-INSPECTION. 3 Pool/Hot Tub i"c??i§T5§i§Ef‘cYI§hE C] Other E? Zoning District _T__ K Z I REQUIRED SETBACKS PROPOSED SET CKS ~F«nnt\\ Left Side Right Side Right Side Rear g\ Max Proposed E. ,_ Height ‘ Height Max Proposed L°t 00 F396 Lot Coverage NOTES‘ 7;;/f/w/ks/0 /g ';g 9,75’ pa/@ 4025 1/ uuv?t /V’*’*5P~AC¢‘¢*-0'” , if , of“ S/C//"}L\JLfITA I/H11. J/ée_,,;y/,7( 4 , , 0 )5 ‘I , f’;/’L—(l/V/H713/I./370 gf, ‘S0 We/XV) ~ yang Flu-r;,,.vC 7'L¢,/C c../nu. ;,.—;../ cidff out mute 5/61//’L»7LAf[~r»~VI< mu:/2’/9you M A“) c ia0<=;‘1«/‘mu; $1 no » am sad’ @«T‘1 Cw”/L /L‘/wtu/Mn-+~’c*c" /<3/»2”crmT'v~ 11» /M«J1!’fw0 9/s.~5 » ya‘/M47 cumcrcwk aFP’C#//‘5aim"-L" 0/U17 (ma! 7:: Mauf /ac/VL<J/ )'/J ax/i/LA /9/cg 2’/b?l If W V/3/14/71/ Page 16 of 17 White Office File Cop)‘ ~ Yellow - Pen'nit Applicant's Copy /1 ' 64’ CHAPTER30 /(1 577""“I '7‘. 7 / C.’ ZONING (d ) The maximum height for a monument sign shall not exceed twelve (12) feet. (e) Any projecting sign or canopy structure. to which a canopy sign is attached. shall not be less than two (2) feet from any vehicular parking space or maneuvering lane. A minimum under-clearance of eight (8) feet shall be maintained above a sidewalk by all canopy structures. Canopies hereafter erected shall, whenever practicable. match the established under-clearance height and projection of canopies which exist on abutting parcels and/or businesses (4) General Business and Industrial Districts (B-2 I-1, and I-2). Signs shall be limited to one (1) wall.canopy. or projecting sign. and one (1) monument sign or pylon sign on the premises of a business establishment or composite of businesses under single ownership by an individual. ?rm or corporation. On parcels fronting two (2) or more streets. one (1) monument or pylon sign is allowed for each street frontage. On parcels with ?ve hundred (500) feet of total street frontage on one (1) street or seven hundred (700) feet of total street frontage on two (2) or more streets, one (1) additional monument or pylon sign is allowed. (a) The total area of each sign pennitted shall not exceed ten (10) square feet for each ten (10) feet or fraction of street frontage, or seventy-?ve (75) square feet for each acre or fraction thereof. whichever is greater. However, in no case shall the area of any sign exceed one hundred and ?fty (150) square feet. (b) Where any premises has more than one occupant. the permitted area of each sign shall be divided among them in the same proportion as floor space and outdoor sales space which is occupied by them. (c) Where the premises has more than two (2) occupants. and has a name distinct from that of an occupant. as in a shopping mall, an additional ?ve (5) square feet of sign area for each ten (10') feet or fraction of street frontage up to a maximum of one hundred (100) square is allowed for monument or pylon signs. This additional sign area shall be used only to display the name of the premises. (d) Structures containing a floorarea of ten thousand (10.000) square feet or more and having multiple tenants, may have one (1)wall. canopy or projecting sign identifyingonly the name and/or business foreacttteltant.provided no single sign is greater than ten (10%) percent of the gross silhouette area of the tenant building front to which it is attached or one hundred (100) square feet. whichever is lesser. For the purposes of detennining the gross silhouette of the building. the silhouette shall be de?ned as that area within an outline drawing of the principal building as viewed from the main entrance of the building. Main entrance shall be determined by the Zoning Administrator. (e) The maximum height for a monument sign shall not exceed ?fteen (15) feet. The maximum height for a pylon sign shall not exceed twenty-?ve (25) feet. (f) Any canopy structure to which a canopy sign is attached shall not be less than two (2) feet from any vehicular parking space or maneuvering lane. A minimum under-clearance of eight (8) feet i shall be maintained above a sidewalk by all canopy structures. Canopies hereafter erected shall, whenever practicable. match the established under-clearance height and projection of canopies which exist on abutting parcels and/or businesses (5) Industrial Park and Aiggrt Districts (I-3 I-4 and A) . identi?cation signs shall be of the monument type and/or the wall or fascia type. One of each type is permitted. Monument signs shall not exceed sixty (60) square feet per side nor have a total height greater than eight (8') feet. Monument signs shall have a minimum setback equal to the actual sign height. Wall or fascia type shall not exceed ten (10') percent of the gross silhouette area of the building front. Infonnationalsigns are pennitted as required. Pylon or pole type signs, billboard signs. and roof signs are prohibited. An identi?cation sign for an industrial park entrance shall eet. not exceed one hundred (100) square feet per side nor have a total height greater than twelve (12') (F) Permitted The Si ns. followingsigns are allowed in all zoning districts and. except as otherwise provided. shall comply with all applicable provisions of this Chapter. it shall be unlawful to erect or replace any sign except as provided in this Chapter. (1) Pylon and Monument Signs. No portion of any pylon or monument sign shall be nearer than ?ve (5') feet to any property line or driveway. (2) ion Si ns.There may ldenti?ca one on each premises not to exceed six (6) square feet in area. if the sign is free standing. the total height may not exceed ?ve (5) feet. identi?cation signs are prohibited in residential districts except for premises having a Home Occupation wall sign. Permit.which premises may have one (3) integral Signs. (4) Political Cam a’ n S’ ns. Shall not exceed four (4) square feet in all residential districts, or twelve (12) (2017) 30—31 Page 17 of 17

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