Minutes and Agendas

ZBA Minutes

MEETING
CITY OF WALKER
ZONING BOARD OF APPEALS
Thursday, May 13, 2004
7:00pm

The meeting of the Zoning Board of Appeals was called to order by Robert Marz, Chairman at 7:00pm at the Commissioner’s Chambers, 4243 Remembrance Road, N.W., Walker, Michigan.

Members present: Robert Marz, Chairman; Jay VanSoestberg; Ken Fex; Rebecca Haven; and Charles Deschaine; Doug Cooke; Laura Brondyke. Members absent: Roger Crabtree. Also present: Jeff Nelson, Building Official for the City of Walker; Dick Denney, Deputy Building Official; and Bonnie Antcliff, Recording Secretary.

DECISION AND ORDER

Legal Description

Property located at 1215 Maplerow Ave., also known on the tax rolls as 41-13-17-326-038. Hearing requested by Bernard Lubbers.

The applicant’s request is to split existing parcel creating a lot with 9,680 sq. ft. instead of the required 11,880 sq. ft. Also to build a single family home with a 28 ft. rear yard instead of the required 35 ft.

Finding of Facts

Robert Marz, Chairman reviewed the application and site plan submitted. He then read a letter from the neighbors dated May 12, 2004 opposing this request.

Harold Egner 1204 Maplerow stated that he has no complaint with this request.

Ron Taggart 3735 Leonard St. stated his property is adjacent to this property. He would not like to see the neighborhood turned into a lot of smaller lots. He stated that this is why he lives here because the lot sizes are larger.

Mrs. Terri Lubbers stated that Mr. Taggart is not adjacent to their property, he is actually a couple of lots away. She stated that the lot they are seeking a variance on is plenty big enough for a nice looking home. She stated she is not well and it is hard for her husband to take care of a large yard. She feels a nice home would improve the neighborhood. She stated that the Taggarts have not been happy with them since they moved into the neighborhood. She feels that their protest.of this is antagonism on the neighbor’s part.

Ken Fex asked if they plan to sell the present home?

Ms. Lubbers stated no they plan to keep it and rent it.

Rebecca Haven asked what the distance is between the side yard of the existing house and the proposed lot split?

Jeff Nelson stated that they are not asking for any side yard variance so their house will have to be a minimum of 10 ft. and in the SA District you have to have 25 ft. total and not less than 10 ft. There will be a minimum of 20 ft. from the property line on each parcel. They will have to meet the requirements of the zoning ordinance for side yards.

Mrs. Lubbers stated that there will be 24 ft. on each side of the property.

Rebecca Haven was concerned that this would create a small shallow lot and is concerned about the detriment. Chuck Deschane agreed.

Motion

Rebecca Haven moved and Ken Fex supported the motion to deny the applicant’s request to split existing parcel creating a lot with 9,680 sq. ft. instead of the required 11,880 sq. ft. Also to build a single family home with 28 ft. rear yard instead of the required 35 ft.

Motion carried 7 to 0.

DECISION AND ORDER

Legal Description

Property located at 2223 Hoyle St., also known on the tax rolls as 41-13-11-428-018. Joshua R. Smith applicant.

On April 8, 2004 the applicant was granted a variance to build a single family home at the address listed above. One of the exceptional circumstances used to grant the variance was that the two large mature trees would remain. During the construction process, these trees were removed. The applicant would like the opportunity to explain to the Zoning Board of Appeals how he would like to remedy this situation.

Finding of Facts

Robert Marz, Chairman reviewed the situation. No other citizen appeared with respect to this.

Joshua Smith stated that there was a tree on the west property. We decided to take that tree down because it was hanging over the house and deteriorating the shingles. He stated he met the tree people and that was the day before the surveyors staked the lot. While we were there he explained that he wanted to save the tree on the south side of the property. The tree people stated that they did not think that the tree would make it based on where the stakes were. We talked about it and the tree man said it was a sandy site and the roots were spread out. The over dig was larger here also because it was in sand.

We decided that tree had to come down. The tree on the west and the tree on the south both had to come down. We drew it out on a map which trees had to come down.

Josh Smith went on to say that on Monday he called the tree people and asked if the trees were down. They answered yes they were down. On Tuesday he went over there and the beautiful tree on the north side was down. He stated he was upset over this. It was his intention to save the tree on the north. Both trees are now gone. He stated he went over it with the tree people and they cut them down anyway. He stated he now plans to plant two 2 1/2-3 in. maples here to replace these trees. He stated he wants to make this right for the neighbors and the Board also. He stated he tried to do everything right and it did not work out right.

Chuck Deschaine stated that he received a couple of phone calls from the neighbors after these trees were taken down. He asked Mr. Smith if he had thought about calling the City when he found out the first tree had to be taken down?

Mr. Smith stated he was planning on calling the City to explain the situation and let them know that he was planning a replacement.

Rebecca Haven asked how tall are these trees going to be?

Mr. Smith replied he thought somewhere between 8 – 16 ft. He stated he wanted them to be nice trees. The bigger the better. The tree service company will help him out.

Motion

Chuck Deschaine moved and Ken Fex supported the motion to accept Mr. Smith’s proposal to replace four maple trees 2 1/2 to 3 inches in diameter to replace the trees that were taken down.

Motion carried 7 to 0.

Motion

Ken Fex moved and Laura Brondyke supported the motion to approve the minutes of the Zoning Board of Appeals for April 22, 2004.

Motion carried 7 to 0.

Motion

Ken Fex moved and Doug Cooke supported the motion to adjourn the Zoning Board of Appeals meeting at 7:55pm.

Motion carried 7 to 0.

_______________________________

Roger Crabtree, Secretary

The City of Walker, Michigan
4243 Remembrance Rd. NW
Walker, MI 49534
(616)453-6311
City Hall hours: Mon-Thursday from 7:30am to 5:30pm. Closed Fridays
All information © 2010 City of Walker

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