Board of Appeals

AGENDA Zoning Board of Appeals Wednesday, July 16, 2025 (12:00 PM) 333 W. Michigan Ave. Three Rivers, MI 49093 Page 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF THE SPECIAL MEETING AGENDA WITH PUBLIC HEARINGS 4. APPROVAL OF MINUTES 4.A. Approval of Minutes from last regular meeting: 2 Board of Appeals - Jun 11 2025 - 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 shed in a front yard on Spring Street 3-7 Report to ZBA - 306 W. Michigan (shed on Spring Street) ZBA Application 306 W. Michigan Zoning Inspection Report for shed on Spring Street Photos of shed on Spring Street 6.B. Variance request for a fence at 902 S. Main Street 8 - 11 Report to ZBA - 902 S. Main St. (fence on State Street) ZBA Application 902 S. Main Zoning Inspection Report 902 S. Main Site plan drawing (updated) for fence on S. Main 6.C. Variance request for a front porch at 650 Spring Street 12 - 22 Report to ZBA - 650 Spring St ZBA Application 650 Spring Street Zoning Inspection Report 650 Spring St Insp Photo 650 Spring Street 7. DISCUSSION 7.A. Training information 23 Mastering Motions 8. ADJOURNMENT Page 1 of 23  MEETING MINUTES Zoning Board of Appeals Wednesday, June 11, 2025 (12:00 PM) 333 W. Michigan Ave. Three Rivers, MI 49093 The City's Zoning Board of Appeals was called to order in the commission chambers at Three Rivers City Hall with the following members: PRESENT: Chuck Friese, Dave Miller, Dale Hoyt, and Andy Goldberger EXCUSED: Ron Hudson CALL TO ORDER ROLL CALL APPROVAL OF THE AGENDA Board Member Chuck Friese made a motion to approve the agenda, as presented. Board Member Dale Hoyt seconded the motion. Carried unanimously. APPROVAL OF MINUTES Friese made a motion to approve the minutes of the May 14, 2025 meeting, as presented. Hoyt seconded the motion. Carried unanimously. GENERAL COMMENTS Chair Miller opened the meeting to the public for comments to the board. Hearing none, public comment for this portion of the meeting was closed. PUBLIC HEARINGS Variance request for a covered entrance at 172 E. Michigan Ave. Chair Miller opened the public hearing at 12:06 p.m. Representatives from the Pregnancy Helpline board described their request in detail. The public hearing closed at 12:09 p.m. Discussion by the board followed. Friese made a motion to approve the requested front yard setback variance for a covered entrance (porch) at 172 E. Michigan Ave. Board Member Andy Goldberger seconded the motion. Carried unanimously. DISCUSSION ADJOURNMENT a) Goldberger made a motion to adjourn at 12:15 p.m. Friese seconded the motion. Carried unanimously. Page 2 of 23  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 shed on Spring Street (306 W. Michigan Avenue) DATE: July 16, 2025 SUMMARY: Applicants Paul Wilga & Tina Benson own property near the intersection of West Michigan Avenue and Spring Street (near Scidmore Park) with a large, fifteen by forty foot accessory building (15x40’ shed) installed on the property. The submitted application for a variance on the placement of the shed has been reviewed by City Staff with a determination that the variance under consideration does not meet 3 of the 4 requirements under Section 30- 35(D)(2) of the City Code. NARRATIVE: The residential lot (size and configuration) on which the shed has been proposed (and installed) 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 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. Unfortunately, actions taken by the applicant (per Part 3 of the code) have resulted in the circumstances resulting in this application. Further, 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 on the location of the large shed 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. Page 3 of 23 Page 4 of 23 Page 5 of 23 Page 6 of 23 Page 7 of 23  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 902 S. Main Street DATE: July 16, 2025 SUMMARY: Applicant Shaun Shamburger has ownership of property located at the SE corner of S. Main and State Streets with the intention of constructing a fence on the property. The submitted application for a variance on the placement of the fence has been reviewed by City Staff with a determination that the variance under consideration does not meet 3 of the 4 requirements under Section 30-35(D)(2) of the City Code. NARRATIVE: The residential lot on which the fence has been proposed is not 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 or accepted 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. And, while known actions taken by the applicant have resulted in special circumstances with respect to Part 3 of said section, 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). Further, the granting of the variance on the location of the proposed fence in the second front yard relative to the parcel boundary, 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 variance application. If so moved, the Board may also choose to recommend the following actions to be taken by the applicant: reduce the height of and relocate the fence in question eight or nine feet (8 or 9’) away from State Street; i.e., to the “inside” of the tree called out on the variance request application and plan drawing, to comply with the City’s Zoning Ordinance. Page 8 of 23 Page 9 of 23 Page 10 of 23  Page 11 of 23 E:]EF,tfr;fis,,,,, rlj P,i.l Sf^fe Sr- N d.jlr# h t-- o €o 2 x(! {\' a(., I I u B i I I (tnt-L I a -lr- \n I I s l v q) I I ...n , I { 5 (} I I (\ b _s. h V) I I ] { O tl t I I I -c.J ( -r s.i *., I I LX. \-ft' t- t I { rj$ ..{ -----  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 front porch at 650 Spring Street DATE: July 16, 2025 SUMMARY: Applicant Wendy Shank has ownership of property located near the intersection of Spring and Hill Streets with the intention of constructing a front porch on the principal residence. The submitted application for a variance on the placement of the porch has been reviewed by City Staff with a determination that the variance under consideration meets most of the requirements under Section 30-35(D)(2) of the City Code. NARRATIVE: The residential lot on which the front porch 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 or accepted 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. 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 location of the proposed addition with respect to Part 4 of said Section would not constitute a special privilege already denied to other residents of the same zoning district. Further, the granting of the variance in question would: a) not confer any special privilege already denied to other residents of 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 applicant’s front porch building addition. Page 12 of 23 Page 13 of 23 Page 14 of 23 Page 15 of 23 Page 16 of 23 Page 17 of 23 Page 18 of 23 Page 19 of 23 Page 20 of 23 Page 21 of 23 Page 22 of 23  AFTER THIS COURSE, YOU WILL BE ABLE TO: Make Main Motions and Amendments. Consult “Precedence of Motions chart” to know when to make other motions. Use Reconsider, Rescind, Table, Postpone, Point of Order, Appeal, and Censure correctly. TUESDAY, 3 JUNE 2025 333 W. Michigan Ave., Three Rivers, MI 2:00 p.m. - 3:30 p.m. City Hall RSVP to Leslie lwilson@threeriversmi.org Commission Chambers Page 23 of 23