ZBA Minutes

MEETING
CITY OF WALKER
ZONING BOARD OF APPEALS
Thursday, February 9, 2006
7:00 p.m.

The meeting of the Zoning Board of Appeals was called to order by Robert Marz, Chairman at 7:00 p.m. at City Hall 4243 Remembrance Rd., N.W., Walker, Michigan.

Member present: Robert Marz, Chairman; Roger Crabtree; Charles Deshaine; Rebecca Haven; Jay VanSoestberg; Ken Fex; and Tyler Korfhage. Also present: Jeff Nelson, Building Official; and Bonnie Antcliff, Recording Secretary.

Jay VanSoestberg moved and Ken Fex supported the motion to remove 3373 Peach Ridge from the table.

Motion carried 7 to 0.

Property located at 3373 Peach Ridge Ave., NW also known on the tax rolls as 41-13-04-176-010. Hearing requested by Peach Ridge Development LLC.

The applicant’s request is to split existing parcel creating two, 8 acre parcels with parcel #2 having 30 ft. of street frontage instead of the required 180 ft.

Robert Marz, Chairman reviewed the application and site plan submitted.

Jeff Nelson stated that he talked to both the City Attorney and the City Engineer about a shared driveway. The City Engineer is also the street administrator and these are regulatory rules and not under the zoning ordinance. There is no appeal written into the regulatory ordinance so he does not feel that he can give a variance for that. The City Attorney says that since it is not a zoning ordinance and is a regulatory ordinance, he feels that without an appeal process it is not within the powers of the Board of Appeals to grant a variance for that.

Robert Marz, Chairman then read a letter from Frank Wash, Planning Director dated February 1, 2006 and a letter from the Fire Inspector dated August 17, 2005.

Terry Trump of Nederveld Associates stated that a shared drive is not an issue here. One of the big issues at the last meeting in August 2005 was the location of the driveway on the 30 ft. strip and concern for neighbors. The same was done across the street and was granted by this Board in August of 1999. We would like to divide the parcel into 2 equal size lots. If this remains as one parcel, that 30 ft. strip would probably be the preferred location for a driveway for a house to be built there. It currently meets all the requirements for a driveway location.

Linda Munro 3311 Peach Ridge is concerned about the drainage here as the road deteriorates here all the time. She is worried about her yard deteriorating.

John Goudzwaard 3300 Peach Ridge is concerned that this will set a precedent. He is worried about other parcels on the street that have similar 30 ft. access points on Peach Ridge.

Charles Deschaine asked about the feasibility of the drive being put in at the north end of the property.

Rebecca Haven stated that the power lines and the wetlands will not make this feasible. She then asked if the City Commission has the ultimate authority to waive the regulation since it is a regulatory issue and not something for this Board to address?

Jeff Nelson stated that we will bring this to the Ordinance Committee and discuss a shared driveway. Right now the only one that could waive this would be the City Commission.

Mr. Trump stated that you could not put two driveways together on the north end as it would be too steep here to do this and the DEQ will not allow this because of the wetlands.

John Goudzwaard stated that he would like the idea of one house here on an eight acre lot. Feels it would benefit the neighborhood.

Robert Marz stated that if we turn this down that does not mean that the 30 ft. here is not going to be used as a driveway.

Maria Raczok 3256 Peach Ridge stated that on the north side there are power lines. She wondered if that could be used to get to the back.

Mr. Trump replied that is not feasible. The power company will not let you do anything there.

Tyler Korfhage moved and Rebecca Haven supported the motion to grant the applicant’s request to split existing parcel creating two, 8 acre parcels with parcel #2 having 30 ft. of street frontage instead of the required 180 ft.

a. There are exceptional or extraordinary circumstances applicable to the property in question as to the intended use of the property that do not apply generally to other properties in the same zoning district. The exceptional case of the four cut-out subdivision parcels along the Peach Ridge road frontage makes an odd shape, limits the amount of frontage and thus "width" available for technical compliance and necessitates a variance for a simple split.

b. The variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same zoning district and in the vicinity. Other similar sized parcels in the AA zoning would enjoy the right of creating up to four parcels as simple land divisions. Because of the unusual frontage situation here, this parcel requires a lot variance to preserve and enjoy the property right of making even the single division proposed here.

c. Authorization of the variance will not be of a substantial detriment to adjacent property and will not materially impair the intent and purpose of the ordinance or public interest in that the two parcels formed from this division would each be over 8 acres in size. Since the AA zone requires only 1 acre and there are several small parcels abutting this site, the proposed parcels would meet and exceed the expected size for residential parcels in the neighborhood and thus cause no detrimental effects to the area.

d. The condition or the situation of the piece of property or the intended use of the property for which the variance is sought is not so general or recurrent a nature as to make reasonably practicable for the formulation of a general regulation. Granting of this variance would not create a general problem as the situation here with the acreage, shape, and frontage of this parcel is unusual and could not be generalized to other parcels.

e. Does not apply.

The Board imposed the following conditions:

1. The drive on the 30 ft. strip be centered.

2. Utilities be underground.

3. The new lot with 30 ft. of public road frontage should be limited to one house only.

4. Both drives be paved to the rear of existing houses.

Motion carried 4 to 3. Roger Crabtree, Charles Deschaine and Ken Fex opposed.

Ken Fex moved and Tyler Korfhage supported the motion to approve the minutes of the Zoning Board of Appeals minutes of January 26, 2006.

Motion carried 7 to 0.

Rebecca Haven moved and Roger Crabtree supported the motion to adjourn the Zoning Board of Appeals meeting at 8:10 p.m.

Motion carried 7 to 0.

__________________________

Roger Crabtree, Secretary

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