Board of Appeals

AGENDA Zoning Board of Appeals Wednesday, September 10, 2025 (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 16, 2025 2-3 Board of Appeals - Jul 16 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. BUSINESS / DISCUSSION 7. TRAINING 7.A. Informational - ZBA Review 4-6 City Code 30-35 (Variances & Appeals) Variance Request Worksheet (ZBA) 7.B. Parliamentary Procedure 7-8 Introducing & Seconding Motions 8. ADJOURNMENT Page 1 of 8  MEETING MINUTES Zoning Board of Appeals Wednesday, July 16, 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: Board Members Chuck Friese, Dave Miller, and Andy Goldberger EXCUSED: Board Member Dale Hoyt CALL TO ORDER Chairman Dave Miller called the Special meeting to order at 12:04 pm. ROLL CALL Per above. Also present: Leslie Wilson, Joe Kline, John Beebe APPROVAL OF THE AGENDA Andy Goldberger made a motion to approve the agenda, as presented. Chuck Friese seconded the motion. Carried unanimously. APPROVAL OF MINUTES Minutes of the meeting held June 11, 2025 Chuck Friese made a motion to approve the minutes as presented. Andy Goldberger 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 A. Variance request for a shed in a front yard on Spring Street Chair Miller opened the public hearing at 12:02 p.m. Paul Wolga and Tina Benson described their request in detail. The public hearing closed at 12:08 p.m. Discussion by the board followed. Chuck Friese made a motion to approve the variance as requested due to the conditions of the terrain/land for a shed in a front yard setback at 306 W. Michigan Ave. Andy Goldberger seconded the motion. Carried unanimously. Page 2 of 8  B. Variance request for a fence at 902 S. Main St. Chair Miller opened the public hearing at 12:21 p.m. Shaun Shamburger described their request in detail. The public hearing closed at 12:25 p.m. Discussion by the board followed. Chuck Friese made a motion to approve the variance for a six-foot fence along the house at 902 S. Main St. Andy Goldberger seconded the motion. Andy Goldberger made a motion to amend the main motion to deny the variance request based on the zoning ordinance at 902 S. Main St. Chuck Friese seconded the motion. Chairman Dave Miller stated it has been moved and seconded that we amend the main motion by adding the words “to deny the variance request”. Carried unanimously. C. Variance request for a front porch at 650 Spring St. Chair Miller opened the public hearing at 12:41 p.m. Wendy Shank described their request in detail. The public hearing closed at 12:48 p.m. Discussion by the board followed. Andy Goldberger made a motion to approve the variance as requested for a covered entrance setback at 172 E. Michigan Ave. Chuck Friese seconded the motion. Carried unanimously. DISCUSSION ADJOURNMENT Andy Goldberger made a motion to adjourn at 12:55 p.m. Dave Miller seconded the motion. Carried unanimously. Page 3 of 8 30-35 VARIANCES AND APPEALS. (A) Purpose. The purpose of this Section is to provide for: (a) an appeal process when it is alleged that there is an error in any order, requirement, decision, or determination by an administrative officer, board or commission in the enforcement of this Chapter; (b) variances from the literal provisions of this Chapter in instances where strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration; and (c) the granting of variances only when it is demonstrated that a variance will be in keeping with the spirit and intent of the Chapter. (B) Creation and Membership. (1) A Zoning Board of Appeals is hereby established which shall consist of seven (7) members to be appointed by the City Commission each for a term of three (3) years. One member of the Planning Commission and one member of the City Commission may be a member of the Zoning Board of Appeals. Board appointments shall follow the requirements of Public Act 110 of 2006, as amended. (2) Terms of office shall be three (3) years except for those members who may serve from the Planning Commission or City Commission, whose terms shall be limited to the time they are members of those bodies. (3) A successor shall be appointed not more than one (1) month after the term of the proceeding member has expired. (4) Members of the Zoning Board of Appeals may be removed from office by the City Commission for cause upon written charges and after a public hearing. (5) Vacancies shall be filled by the City Commission for the unexpired term of the member affected. (C) Rules of Procedure. (1) Rules and Regulations. The Board shall adopt rules and regulations necessary for the conduct of its affairs and in keeping with the provisions of this Chapter. Copies of the rules and regulations shall be made available to the public in the Office of the City Clerk. (2) Meetings; Minutes of the Board. Meetings of the Board shall be held at times selected by the Board. The time and place of regular meetings shall be specified in the rules and regulations and all meetings shall be open to the public. The Board shall keep minutes of its proceedings, showing the action of the Board and the vote of each member upon each question, or if absent or failing to vote, indicating the fact. The Board shall keep a record of its determinations and other official actions which, together with the minutes of its meetings, shall be filed promptly in the Office of the City Clerk and shall be a public record. (3) Hearings; Appeals; Notice. Appeals to the Board concerning interpretations or administration of this Chapter may be taken by any person aggrieved or by any officer or body of the City affected by any decision of the administrative official or body. Written requests for a hearing shall be filed with the City Clerk specifying the grounds for the appeal. Following the receipt of a written request, the Zoning Board of Appeals shall fix a reasonable time, not to exceed sixty (60) days, for the hearing of the request. The Zoning Administrator shall transmit to the Board all papers constituting the record which led to the administrative action. (D) Powers and Duties of the Zoning Board of Appeals. The Board shall hear and decide appeals from and review any order, requirements, decision, or determination made by an administrative official or body charged with the enforcement of this Chapter. Appeals with regard to Special Exception Uses and Planned Unit Development decisions may be taken to the Board only as provided in this Chapter. The Zoning Board of Appeals shall have the following powers and duties: (1) Administrative Review. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official or body in the enforcement of this Chapter. (2) Variances; Conditions Governing Applications, Procedures. To authorize upon appeal in specific cases a variance from the terms of this Chapter as will not be contrary to the public interest where, owning to special conditions, a literal enforcement of the provisions of this Chapter would result in practical difficulty. A variance from the terms of this Chapter shall not be granted by the Board unless and until all the following steps are met: (a) A written application for a variance is submitted to the City Clerk, together with the required fee, demonstrating all of the following: (i) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; (ii) That literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under this Chapter's terms. Page 4 of 8  (iii) That the special conditions and circumstances do not result from the actions of the applicant; (iv) That granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other lands, structures, or buildings in the same zoning district. (b) The public hearing shall be duly noticed in a newspaper circulated within the City, and by a similar notice to the applicant, persons to whom real property within three hundred (300') feet of the boundaries of the subject property is assessed, and to the occupants of all dwellings within three hundred (300') feet regardless of whether the property or structure is located within the City of Three Rivers. The notice shall be given not less than fifteen (15) days before the date of such hearing. The notice shall be delivered personally or by mail addressed to the respective owners and tenants at the addresses given on the last City assessment roll in the case of owners, or on the City's rental housing registration roll in the case of tenants. If a tenant's name is not known, the term "occupant" may be used. If the request does not involve a specific parcel of property, notice shall only be published in a newspaper circulated within the City and to the applicant within the time period noted above. (c) A public hearing shall be held on the application for each variance. Any interested party may appear in person, by agent, or by attorney. Upon the day for hearing any application or appeal, the Board may adjourn the hearings in order to permit the obtaining of additional information, or to cause further notice, as the Board deems proper, to be served upon other property owners and occupants as the Board decides may be interested parties. In the case of an adjourned hearing, persons previously notified and persons already heard need not be noticed of the time of resumption of the adjourned hearing unless the Board so orders. (d) No variance shall be granted unless the Board of Appeals shall find that the requirements of Section 30-35(D)(2)(a) of this Chapter have been met by the applicant for a variance. (e) No variance shall be granted unless the Board of Appeals shall further make a finding that the reasons stated in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure. (f) Prior to granting a variance, the Board of Appeals shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this Chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. (g) No non-conforming use of the neighboring lands, structures, or buildings in the same zoning district, and no permitted or non-conforming use of lands, structures, or buildings in other zoning district shall be considered grounds for the issuance of a variance. (h) In granting any variance, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this Chapter. Violation of conditions and safeguards when made a part of the terms under which the variance is granted shall be deemed a violation of this Chapter and punishable under Section 1-5 of the City Code. (3) Board has Powers of Administrative Official or Body on Appeals; Reversing Decision of Administrative Official or Body. In exercising its powers, the Board of Appeals may, so long as the Board's actions are in conformity with the terms of this Chapter, reverse or affirm, wholly or partly, or may modify any order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the administrative official or body from whom the appeal is taken. (4) Use Variance Prohibited. Under no circumstances shall the Board of Appeals grant a variance to allow a use not permitted under the terms of this Chapter in the zoning district involved, or any use, expressly or by implication, prohibited by the term of this Chapter in the zoning district involved. (E) Decisions of the Board. The Board of Appeals shall decide all applications and appeals within thirty (30) days after its final hearing on the application or appeal. A copy of the Board's decision shall be transmitted to the applicant and the administrative official or body affected by the decision, and a third copy shall be filed with the City Clerk. (F) Stay of Proceedings. An appeal to the Board of Appeals shall stay all proceedings in furthermore of the action appealed from unless the administrative official or body from whom the appeal is taken certifies to the Board, after the application of appeal is filed, that by reason of facts stated in the certificate a stay would in the opinion of the officer or body cause imminent peril to life or property; in which case, proceedings shall not be stayed without a restraining order which may be granted by the Board of Appeals or by the St. Joseph County Circuit Court. (G) Any person having an interest affected by the provisions of this Chapter may appeal to Circuit Court, as provided by Public Act 110 of 2006, as amended. Page 5 of 8  KEY: good for applicant KEY: bad for applicant ZBA Variance Request Worksheet (to build a motion) INSTRUCTIONS: after filling out the worksheet, all regular, non-parenthetical text can be read as motion Date: ____________________ Under Paragraph A of 30 - 35 D 2 . . . Applicant: ___________________________ for the variance request under consideration pertaining to the proposed: _______________ (e.g., shed) grant or at (Location):_______________________________ in Zone: __________ , I move to _______________ deny the request with respect to findings in favor / not in favor of the applicant, specific to [[item #(s)] (or all items)... → 1. (special conditions1 exist for the applicant) Yes: _____ No: _____ → 2. (literal interpretations2 would deprive the applicant) Yes: _____ No: _____ → 3. (actions3 have been taken by the applicant) No: _____ Yes: _____ NO ACTIONS TAKEN ACTIONS TAKEN! Not on application form → iv (granting variance results in special privilege4) No: _____ Yes: _____ (but is related to Q 1.); NO SPECIAL RESULTS PRIVILEGE IN SPECIAL refer to city staff report PRIVILEGE! ...meeting / not meeting the stated requirements under Section 30-35 of the City Code. (OR): ...will meet stated requirements under Section 30-35 of the City Code, with the following OR... if to be denied, conditions (if appropriate) 5: _______________________________________________________________ use this CON DI T ION AL RE Q U IRE ME N TS space to write ADVICE _____________________________________________________________________________________ for the AND /O R applicant (though _____________________________________________________________________________________ this INS T RU C TI ON S FO R A PP LIC AN T would not be part of motion) 1 peculiar to the land, structure or building involved (and not applicable to others) in the same zoning district. 2 interpretation of provisions in Ch.30 would deprive applicant of rights commonly enjoyed by other properties in the same zoning district. 3 actions resulting in the special conditions and circumstances; refer to item 1. 4 the variance requested cannot confer (on the applicant) any special privilege that is denied (under Ch. 30) to other lands, structures, or buildings in the same zoning district. 5 appropriate conditions can be prescribed by the board in accordance with Parag. H so long as they conform to the city’s zoning ordinance; Ch. 30 Page 6 of 8  ?assic Ia e nt Mastering meetings using Robert’sRule Page 7 of 8  ?assic Ia e nt Mastering meetings using Robert’sRule Page 8 of 8