Board of Appeals

AGENDA Board of Appeals Wednesday, December 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 October 2023 2-3 Board of Appeals - Oct 11 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 signage & landscaping at 1400 Warner Drive 4 - 10 Report to ZBA - 1400 Warner Dr ZBA Application and Inspection Report Signage Elevations and Landscaping Exhibits 7. DISCUSSION 8. ADJOURNMENT Page 1 of 10  MEETING MINUTES Board of Appeals Wednesday, October 11, 2023 (12:00 PM) 333 W. Michigan Ave. Three Rivers, MI 49093 The Zoning Board of Appeals of the City of Three Rivers was held at the above day/time and location with the following members: Dave Miller (chairman), Chuck Friese, Dale Hoyt, Polash Pandey, and Ron Hudson. 1. CALL TO ORDER At 12:03 p.m., Chairman Miller called the board meeting of the Zoning Board of Appeals (herein referred to as the “board”) to order on October 11, 2023 in the Commission Chambers at City Hall. 2. ROLL CALL Board Members present: as shown above (none absent). Also present: Joe Kline (Zoning Official), John Beebe (Liaison), Leslie Wilson (City Clerk). 3. APPROVAL OF THE AGENDA Board Member Chuck Friese made a motion to approve the agenda as presented. Member Ron Hudson seconded the motion. Carried unanimously. 4. APPROVAL OF MINUTES Minutes of the meeting held September 2023. Member Friese made a motion to approve the minutes from the September 13, 2023 meeting. Member Dale Hoyt seconded the motion. Carried unanimously. 5. GENERAL COMMENTS 6. PUBLIC HEARINGS Variance request for a fence at 810 Jefferson Street. Chairman Miller opened the public hearing at 12:06 p.m. The public hearing was closed 12:06 p.m. Discussion by the board followed. 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 deny the appeal based on the review of Ordinance 857 and City Code Section 30-15 regarding boundary line fences. Member Hoyt seconded the motion, and the motion passed 5-0. Chairman Miller recommended the property owner move the fence as written in the zoning inspection report or submit an actual variance request (e.g., with a fence location and height that is consistent with the rest of the neighborhood). Page 2 of 10 7. BUSINESS Variance request for a fence at 202 N. Douglas Avenue. Board Member Hudson made a motion to deny the variance request for a fence due to the fact the property owner did not submit any verifiable information to the board prior to the meeting and also based on the provisions set forth in Chapter 30, Section 30-35 and Ordinance 857. Member Friese seconded the motion, and the motion passed: 5-0 (carried unanimously). 8. DISCUSSION (none) 9. ADJOURNMENT All business was concluded, and it was moved by Friese and seconded by Hoyt to adjourn the meeting. The motion passed (5-0) and the meeting was adjourned at 12:54 p.m. Page 3 of 10  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 requests for signage and landscaping at 1400 Warner Drive DATE: December 13, 2023 SUMMARY: Menard, Inc. has property located off the South side of W. Broadway Street at the end of Warner Drive where the new Menards Self Storage facility is being constructed (see address and map). The company intends to install additional signage and landscape plantings on the property. The submitted application for a variance on the amount of signage, as well as the number of landscape plantings, has been reviewed by City Staff with a determination that the variances under consideration meet the requirements under City Code Section 30-35. NARRATIVE: The size, location and shape of the commercial lot on which the proposed signage and landscaping 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 is one literal interpretation of city zoning ordinance stipulations (pertaining to “front yard” landscaping) that would (per US-131 frontage) 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 have resulted in special circumstances with respect to Part 3 of said section. 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 for the additional area/number of signage, as well as the number of plantings for landscape screening. Page 4 of 10 Menards Self Storage Page 5 of 10 Page 6 of 10 Page 7 of 10 Page 8 of 10  02 016 10 01 26 02 06 90  560660 5197568 6 78560 0202 78  560660 519 01 075689 4652041567568 012415675689  016 016 10 9  016 10  1012026 5 Page 9 of 10  Page 10 of 10 0123456 0678 0123456 1 3663 630 !"#$%&"'(#)*'+,*-,$+#+#&+. /*0,++*+1+,2*345 64457345*8*/9*0,++% /*%:,;<*+1+,2*/45 64457/45*864*%:,;<%   ',-'-%+$*!"#$%&"'(#). 99*0,++% /=*%:,;<% ),++#*8*',+1(-;%!2*(#%0"!!+$ !"#$%&"'(#) ,+$*8*',-'-%+$*"$$(0(-#"!*0,++%