Board of Appeals

AGENDA Board of Appeals Wednesday, September 13, 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 July 12,2023 2-3 Board of Appeals - Jul 12 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 carport at 607 S. Lincoln Avenue 4 - 14 Report to ZBA - 607 S. Lincoln Ave Application for Variance Request (May 2022) Zoning Permit and Inspection Report Related documentation (sketches) 7. DISCUSSION 8. ADJOURNMENT Page 1 of 14  MEETING MINUTES Board of Appeals Wednesday, July 12, 2023 (12:00 PM) 333 W. Michigan Ave. Three Rivers, MI 49093 The Board of Appeals of the City of Three Rivers was called to order at the above day/time and location with the following members: 1. CALL TO ORDER Chairman Miller called the board meeting of the Three Rivers Zoning Board of Appeals (herein referred to as the “board”) to order at 12:12 pm in the Commission Chambers of Three Rivers City Hall. 2. ROLL CALL Board Members present: Chuck Friese, Dale Hoyt, and Dave Miller (chairman). Also present: Joe Kline (Zoning Official), John Beebe (Liaison), Leslie Wilson (Clerk). Board Members absent: Polash Pandey. 3. APPROVAL OF THE AGENDA Board Member Chuck Friese made a motion to approve the agenda. Board Member Dale Hoyt seconded the motion. Carried unanimously. 4. APPROVAL OF MINUTES It was moved by Chuck Friese to approve the minutes for May 10, 2023. Hoyt seconded the motion. Carried unanimously. 5. GENERAL COMMENTS Liaison Beebe shared that the city’s Planning Commission would be reviewing the parking ordinance in relation to the size of the home relative to lot size. 6. PUBLIC HEARINGS A. Variance request for a fence at 202 N. Douglas Ave. Chairman Miller provided an introduction and opened the public hearing at 12:22 p.m. Mr. Timmy Collins, owner property at 202 N. Douglas Ave., stated that moving the fence would go through his landscaping and that a cistern would block moving the fence as well. Collins also stated that if he does not get this variance approved that he will no longer want to live in the home. Public comment was closed at 12:30 p.m. Discussion by the board followed. Page 2 of 14  The board reviewed the application for the fence and setbacks in question per the city's Zoning Ordinance. It was moved by Member Friese to table the discussion on the variance request to the next available meeting with a proposal that is different than what was reviewed today. Chairman Miller seconded the motion, and the motion passed 3-0. B. Variance request for a wall sign at 910 S. US-131 Chairman Miller provided an introduction and opened the public hearing at 12:53 p.m. Scott Miller with Armour PT stated they had looked at a dozen locations and chose the current location because it's on a corner and the potential for a second sign to enhance our visibility. Public comment was closed at 12:54 p.m. Discussion by the board followed. The board reviewed the application for the sign in question per the city's Zoning Ordinance. It was moved by Friese to approve the variance per City Code Sect. 30-35 (D)(2)(f). Hoyt seconded the motion, and the motion passed 3-0. 7. DISCUSSION (none) 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 12:59 p.m. Page 3 of 14  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: September 15, 2023 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. NARRATIVE: The residential property on which the carport has been erected does not appear to exhibit a special condition that is peculiar to the property with respect to Part 1 of said Section. There is one known literal interpretation of city zoning ordinance language (in Three Rivers City Code)1 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., erecting the carport prior to permit approval) 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. 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. In addition, if so moved, consider allowing the applicant to retain the current 4’6” of space between the carport and house (instead of the required 5 feet), but otherwise recommend the following actions to be taken: relocate the carport to comply with the City’s Zoning Ordinance. 1 Sections 30-8 (setback definitions) and 30-20 [Schedule of Building Regulations]; also refer to Chart 3 notes: (A)(9)(v)] Page 4 of 14  I/you have not already done so, please Contact the Zoning Administi ator to see if there an e other. alternative mellwils ol Lump name Is V City of Three Rivers 333 West Michigan Avenue - Three Rivers, Michigan 49093 :2 Phone: 269.273.1075 - Fax: 269.273.3132 n M I C H [G A N ' www.threeriversmi.org Zoning Administrator's office (SAFEbulltJ. Tel. 269429-9244 Emai!- athensn\i@salebui|Lcum ZONING BOARD OF APPEALS APPLICATION FOR VARIANCE REQUEST Applicantgz/'/IC//‘7 ”‘ Addrss: //l Datgfh gl 2 3 /2 lg e: Phone: 21¢ Evening %$1 5 i902 Best times to call: 43 Email Address: Provide a brief description of the variance request. (?lzeirh al pmpmy .1nil‘r'tb.'ir_k C BL: 241392.27,n:;\j 74. A01; of/Q,7§7_és_., dimemmris br- attnrhenl 7£— =— ,— «» —~—. —~—»——--— *7" /”li1oc2ll:<,%rLe,,<;ol;.§g; (LOT: ‘IT. ms: l,@_ _ ._ , _ W . ,\ >3; Q“, .02-,‘ ,,._ , ,_,,.;, , .3‘, ,~ my, I"’°£;(:'1.,7Z'l/"' 1. Explain any special conditions and circumstances that peculiar exist which are to the /and, structure, or building involved and are not applicable to other lands, structures or buildings in the same zoning district so_/iJ9_O_,. 17.3:ailzaso . oasreoltesgog, _ ,, , K A_.__,,_,, _; .,. ,, .| _. ._ _ _, _,_ _ ., , _,, 3 , 3 ' 7 ‘ohégi’_f,f_€Z’7’;fZff;,7 f Z1"Q; 1'77 if 3" , , 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. far 7 977,[.2 0,3 _ $73.my I 11$ Ly-‘<v~m~ ei@.«85— .— 3. Have any of the special conditions or YES6 @ O %by you? circumstances (listed in #1) resulted from action taken [CityCutie 3Q»35(D)(2)(a](iii) REQLIITZIIIIEHI. sperioltantlilia.-rs and urcumsrances Please Explain: LLME): I'£5l lYélh oftlle ,(;_ actions upplicunrl ba,;&7 a< 3 e xaa§;<:c$rc mg? ‘U; Q}: tor; ac / mu \_ ?Ec,E|VEO5///22 3), Z 7 it E i understand the __ fee for this application lsnon-refundable. Applicant Signature ' 9.2 Date I 1 3 2°22 i| _Fax _M:.i '_.'.R Page 5 of 14 U1 Y OF IHREE RIVERS 533 HES] AVEMKE MICHlkQV tint; RIvERS, VT49093 Vwuna 1 (269) 273-1) 5 CUUNIERIAI,[INUA lime: 4:1H‘56PM ln??atez QJV i KNCULN ?MUUNI IIIM RE¥ERFNCt VARIANCE ZJNING WIHVQ 637 3 i1NDUlN 3/5.00 7 V $175.00 v) A. tWlC( 2 ,1 $75.00 M; al I m &75.00 $0 .00 ifwue: P[LA3f VUTE: *U&PlRMlfSUR INLPLCII HlU[lP| dl PAYVLVI HNS AP9i0\A HJFSNU! UUNSIIKJF Page 6 of 14  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 7 of 14 Page 8 of 14 Page 9 of 14 Page 10 of 14 Page 11 of 14 Page 12 of 14 Page 13 of 14  5’ Side Setback 6’ 10’ Side Yard Setback 15’ Compliant location 10’ of Carport -- No 10’ variance required. CARPORT 15’ L I N E 4’ L I N E B U I L D B U I L D B A C K F R O N T Page 14 of 14