Board of Appeals
Regular MeetingThree Rivers, MI · June 12, 2024
Agenda
AGENDA
Board of Appeals
Wednesday, June 12, 2024 (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 24,2024 2-3
2024-04-24 Board of Appeals Minutes
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 (height & location) at 500 W. Broadway St. 4 - 14
City Report to ZBA - 500 W. Broadway
Variance Request Form and Applicant Info
Zoning Inspection Report and Ordinance
Zoning Permit (500 W. Broadway)
Variance Request Map (Broadway-x-S.Hooker)
7. DISCUSSION
8. ADJOURNMENT
Page 1 of 14
MEETING MINUTES
Board of Appeals
Wednesday, April 24, 2024 (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:
PRESENT: Planning Commissioner Chuck Friese, Zoning Board of Appeals Member
Dave Miller, and Zoning Board of Appeals Member Dale Hoyt
EXCUSED: Zoning Board of Appeals Member Polash Pandey and Zoning Board of
Appeals Member Ron Hudson
CALL TO ORDER
ROLL CALL
APPROVAL OF THE AGENDA
a) Planning Commissioner Chuck Friese made a motion to approve the agenda,
as presented Zoning Board of Appeals Member Dale Hoyt seconded the
motion. Carried unanimously.
APPROVAL OF MINUTES
a) Minutes of the meeting held February 14, 2024
Planning Commissioner Chuck Friese made a motion to approve the minutes
as presented Zoning Board of Appeals Member Dale Hoyt seconded the
motion. Carried unanimously.
GENERAL COMMENTS
PUBLIC HEARINGS
a) Variance request for a wall sign at 223 N. US-131
Chairman Miller opened the public hearing at 12:06 p.m. Steve Attisha of
Gramz presented his request in detail. The public hearing closed at 12:09 p.m.
Discussion by the board followed.
Planning Commissioner Chuck Friese made a motion to approve the variance
request for a second wall sign Zoning Board of Appeals Member Dave Miller
seconded the motion. Carried unanimously.
BUSINESS / DISCUSSION
Page 2 of 14
a) Ordinance Amendment (draft) for signage provisions: wall signs
b) Ordinance Amendment (proposed) for signage types: pole vs. monument
c) Schedule next meeting for upcoming applications (Michigan Ave. & US-131)
ADJOURNMENT
a) Planning Commissioner Chuck Friese made a motion to adjourn at 12:31 p.m.
Zoning Board of Appeals Member Dave Miller seconded the motion. Carried
unanimously.
Page 3 of 14
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 500 W. Broadway Street
DATE: June 12, 2024
SUMMARY: Applicant (Ms. Kristy Waugh) owns a home and residential property located on
the South side of W. Broadway St. between S. Lincoln Ave. and S. Hooker Ave. with a relatively
new 6½’-tall fence on the property. The submitted application for a variance on the height and
placement of the fence 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) of
Three Rivers City Code.
NARRATIVE: The residential parcel being located on a short dead-end street is indicative of a
special condition potentially worthy of consideration for variance with respect to Part 1 of
Section 30-35(D)(2)(a). Furthermore, there is one 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. However, actions taken by the applicant
have resulted in special circumstances with respect to Part 3 of said section. And, while the
granting of this variance may be in harmony with the general purpose and intent of the city’s
zoning ordinance in accordance with Section 30-35(D)(2)(f), the granting of the variance on the
size and location 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.
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 application for the requested variances with respect to
the height of the existing fence, and the location of the fence (relative to the front yard on S.
Hooker Avenue). And, if so moved, consider recommending the following actions to be taken
by the applicant: 1) reduce the height of the fence, and 2) relocate the fence to comply with
the City’s Zoning Ordinance.
Page 4 of 14
\x'.
lfyou have not already done so, please contact the ZoningAdministrator“ to see if there are other,alternative methods of compliance.
i
lHREE
RIVERS
City of Three Rivers
,
333 West MichiganAvenue - Three Rivers, Michigan 49093
Phone: 269.273.1075 0 Fax: 269.273.3132
www.threeriVersmi.org
MICHIGAN *
..
Zoning Administrator's
,
.h.
\
of?ce (SAFEbuilt): Tel. 269-729-9244-
,
Email: athensmi@safebuilt,com
ZONING BOARD OF APPEALS APPLICATION FOR VARIANCE REQUEST
Applicant: KFISI‘V
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Address: 500 "ml.grandma S‘lrwt ‘qur‘u lZ'W’US
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Daytime Phone: 57 .37 "IL/39 ‘4 Evening Phone: f7? SQQVS/f 2 3!
Best times to call: EmailAddress: Krisl'yltlauglw
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Provide a briefdescription of the variance request. (Sketch ofpropertyand seibackdimenslons maybe attached)
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[NOTE City Code can be Viewedonline at \vww.tln‘eeriversmlorg]
1. Explainany 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
,
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[Questions 1 & 2 pertain to City Code Sections30<35(D)(2)(a)(l] St [D](2][a)[ll), respectively.)
2. Provideany evidence of literal interpretation ofprovisions written in the city'szoning ordinance that
would deprive you 0 rights commonly enjoyed by other properties in the same district.
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3. Have any of the special conditions or circumstances (listed in #1) resulted from action taken by you?
YES _N_O d0 [CityCode 30-35(D)(2)(a)(lll) Requirement: special conditionsand circumstances do n_otresult fromthe actions ofthe applicant.)
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Page 5 of 14
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Page 7 of 14
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ZONING INSPECTION
SAFEbuiit. REPORT
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PERMIT“ 2w— JURISDICTION M.“
Date ofInspeetion ’Z z7- Z ‘/
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Page 8 of 14 '
White Office File Cop}
- Yellow - Permit Applicant‘s Copy
DocuSign Envelope ID: A99F17D2-6803-4311—86B7-5350E85C4630
THE CITY OF THREE RIVERS
ORDINANCENO. ??
AN ORDINANCE TO AMENDCHAPTER 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—15of the Code of the City of Three Rivers is hereafter titled
“FENCES" (including general and district requirements). and is amended as follows:
tie) Residential-? "
s —in all parts of the City zoned residential.
(1) Boundary Line Fences. no boundary line fence shall be erected or maintained
more than three feet (3‘) in height except that:
a) 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.
({1})Subject to other restrictions contained within this SectionW'
'
gonstructed 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.
i
l
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‘).
11.3)1Fenoes
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.
e) 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 minimumof 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) InteriorYard Fences.
a) 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.
Allfences
shall conform to Section 30-16(U) regarding traf?c visibility.
Page 9 of 14
DocuSign Envelope ID: A99F17DZ-68034311-3687-5850E8504630
b) Within a side or rear yard, a fence up to six feet (6') in height may be
erected as a total enclosure.
0) 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 [l—#].
(1) Boundary 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 1-3 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) Bounday Line 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.
AUQUSt ,
SECTION 2: This Ordinance shall take effect on the 8th day of
2022, following adoption thereof and after legal publication required by the Charter of
the
City of Three Rivers.
19th day of My , 2022.
Ordained this
July
Approved this 19th day of , 2022.
Danish” by:
Siam
Thomas J. LOwry,Mayor
Page 10 of 14
CHAPTER30 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 structures housing three (3) to eight (8) contiguous dwelling units of not more than two (2)
stories each and having separate and individualfront and rear entrances, such structures to be of the town or row
house type as contrasted to multiple dwelling apartment stmctures.
Transient Merchant means the retail sale of goods. wares.merchandise or services within the City not located in a
permanent stmcture or not conducting business on behalf of and solely for the bene?t of a local non-pro?t
organization.
Transltory Food Unit means a food service establishment duly licensed by the Department of Public Health that
operates from a motor vehicle or is regularly transported by a motor vehicle and which does not regularly return to a
?xed food service establishment licensed by the Department of Public Health for servicing and maintenance
Use means the purpose or activityfor which land or a buildingthereon is designated. ananged. or intended, or for
which it is occupied. utilizedor maintained. and shall include the performance of such activity as de?ned by the
performance standards of this Chapter.
Usable Open Space means a required ground area or terrace area on a lot which is graded, developed. and
equipped and intended and maintained for either active or passive recreation or both, 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 constitute
usable open space.
Variance means a waiver by the Zoning Board of Appeals of the literal provisions of this Chapter in instances where
its strict enforcement would cause practical dif?cultybecause of physical circumstances unique to the individual
property under consideration.
Vegetation means the sum total of plant life in an area; or a plant community with distinguishable characteristics.
Vehicle Impound Yard means an enclosed area where impounded and wrecked vehicles are held in custody.
Wind Energy Conversion System means a system which converts 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 the wind energy system to the grid.
Wind Energy Conversion System, OnSite means a wind energy conversion system which has a rated capacity
of
not more than 100 kilowatts (kW) and which is primarily intended to reduce on site consumption of
utilitypower.
Yard means an open space on the lot which is unoccupied and unobstructed from the ground upward except as may
be speci?cally provided in this Chapter. A yard extends along a lot line at right angles to such lot line to a depth and
width speci?ed in the yard regulations for the zoning district in which the lot is located.
Yard, Hommeansayerdextendlngecmethehrllwktthotthe lotendlyingbetweenti'ietiontlotiineendthe
nearest line of the main building. excluding steps and unenclosed porches. in the case of comer his, the
frontyard
shall be deemed to exist along each street frontage (See Yard Figure). Yard, Rear means a yard extending
across
the fullwidth of the lot and lyingbetween 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 distance 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).
(2017)
30-13
Page 11 of 14
CHAPTER
30
ZONING
(B) In general. any roo?ngmaterial may be used that is
generally acceptable material if applied in a
manner consistentwithother dwellings in the vicinity.
(C) The dwelling shall have a roof overhang of not less
than six (6') inches on all sides. or altematlvely.
window sills or root drainage systems
concentrating roof drainage at collection points along
sides of the dwelling. the
(D) The dwellingshall have not less than two (2)
exterior doors.one (1) of which shall be at
therear or
(E) Any materials that are generally acceptable
as determined by dwellingunits in the
vicinity
may be
(F) Thecompatibilityof design and appearance shall be
Administrator upon review of the plans submittedfor adeterminedin the ?rst instance by the Zoning
particular dwelling. Plans which do
conform to the standards of this Chapter shall not
be submittedfor site plan review and
accordance withSection 30-36 and Chart 5. approval in
(G) Any determinationof compatibility shall
be based upon the standards set forth
in this de?nition of
(8) The dwellingcontains no additions or
roomsor other areas which are not constructed with
workmanship as the original structure, including similar quality
construction of a foundation as required by this
permanent attachment to the principal structure and
Chapter.
(9) The dwelling complies with all applicable
building
construction and all plumbing,electrical apparatus and fire codes. in the case of a mobile home.all
shall be on a type and quality conformingto and insulation withinand connected to the
the "MobileHome mobile home
promulgated by the UnitedStates Department of Constructionand Safety Standards"as
as those standards may be amended from Housingand Urban Development. being 24 CFR 3280, and
time to time. Alldwellings shall meet or
roof snow load and strength requirements. exceed all applicable
(11) All construction required herein shall be
commenced only after a buildingpermit has been obtained
accordance with applicable City buildingcode in
provisions and requirements.
Dwelling Unit means a residential building or
portion thereof intended for occupancy
bed and breakfasts. hotels.motels.nursing homes, seasonal cabins.boarding by a family. but not including
or rooming houses.tourist homes.or
Ef?ciency Apartment means a dwelling unit
consisting of one (1) principal room exclusive
closets.or dining alcove. of bathroom. hallway.
Essential Services means the erection.
electrical.steam. or water transmissionorconstruction,
distribution
alteration, or maintenance of underground or
systems. overhead gas,
systems by public utilities, municipal
or other governmental collection.communication. supply or disposal
Towers are not de?ned as an essential agencies. but not includingbuildings.
service. Communication
unit in a dwelling unit as distinguished
from a group occupying a hotel
boarding or lodging
house. or fraternity or sorority house.
1’1},be (1 '>T
Fence-InteriorYard means all fences located live (5')
(2017) feet or more beyond a property ?ne.
30-6
Page 12 of 14
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'88 Iv E D
ocT t 2 2023 Page 13 of 14
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ZBA Applications Review - Variance Request
City of Three Rivers: 500 W. Broadway St. (Fence)
0 25
051 355 50
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feet
W B R O A D WAY ST
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051 355 500
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FENCED
HOOKE R
AREA
(APPROXIMATE)
051 355
S 013 00
051 355 051 355 917
015 00
G
017 00
051 355 919
G
LEGEND 014 00
37 House Number
G Street/road
Parcel in Question Parcel ID#s
Floodplain
Other Parcels City Boundary
500
fence
Zoning ft. from ID#
District Water
É
1:125
Produced by: City of Three Rivers, MI
Department of Public Services - GIS
Creation Date: 6/12/2024
This map is provided by the City of Three Rivers (the "City").
The person or entity receiving this map (the "User") agrees:
(1) that there are no warranties of any kind; (2) that use of
this map is at the Users sole risk; (3) that the City shall not
be liable for any damages to User or any third party; and
(4) this map may not be used by any third party without
the specific written consent of the City.
Surface Water
Three Rivers, MI
Do c um e nt N am e : V a ri a n c e Re q ue s t M a p ( 50 0 W. Br o a dw a y S t. ) . mx d
051 399
0
902 00 µ
25 50
feet
0 0.02 0.04
miles Page 14 of 14
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