ZBA Minutes

MEETING
CITY OF WALKER
ZONING BOARD OF APPEALS
Thursday, February 23, 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.

Members present: Robert Marz, Chairman; Roger Crabtree; Charles Deshaine; Jay VanSoestberg; and Tyler Korfhage. Members absent: Rebecca Haven & Ken Fex.

Also present: Jeff Nelson, Building Official; Dick Denney, Building Department; and Bonnie Antcliff, Recording Secretary.

Property located at 4780 Lake Michigan Dr. also known on the tax rolls as 41-13-30-100-001. Hearing requested by Goodwill Industries.

The applicant’s request is to split existing parcel creating a land-locked parcel to the south with an access easement through the north parcel. Existing accessory building for Rosedale Cemetery will remain on land-locked parcel.

Robert Marz, Chairman reviewed the application and site plan submitted. No other citizen appeared with respect to this application.

Craig Hondorp, Progressive Architecture pointed out the site plan. He went on to say that Frank Wash, City Planner had indicated that a cross easement should be provided.

Jeff Nelson stated that evidently when the property was purchased, there was property in two different jurisdictions.

Robert Marz, Chairman asked if the cemetery plans on using the remainder of the parcel for cemetery use?

Don Burt, Rosedale Cemetery replied no, we have no plans for the remainder of the land. There is a pond in the back which is of no use. It will stay as it is now. He stated this is the only piece of property that the cemetery owns in the City of Walker.

Tyler Korfhage asked if there were any plans by anyone to use that property?

Mr. Burt replied not at this time. We have had the opportunity to sell the front of the property and that is what we are trying to do.

Jeff Nelson stated that the only concern he had was that whatever easement they are granted, should be from Lake Michigan Dr. all the way back to the back parcel line.

Roger Crabtree asked if there were other easements on this property?

Mr. Hondorp replied that there is a gas line that runs diagonally there.

Charles Deshaine moved and Tyler Korfhage supported the motion to grant the applicant’s request to split existing parcel creating a land-locked parcel to the south with an access easement through the north parcel. Existing accessory building for Rosedale Cemetery will remain on land-locked parcel.

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 property is in two jurisdictions in two different counties and it is an exceptionally long piece of property.

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. This is similar to other uses in the same area.

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 this use will be similar to other properties in 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. The conditions

here assure that this is not a general or recurrent problem to require formulation of a general regulation.

e. Does not apply.

The Board imposed the following condition:

1. The easement be of a sufficient size that the City Commission and City Engineer approved.

Motion carried 5 to 0.

Roger Crabtree moved and Jay VanSoestberg supported the motion to approve the minutes of the Zoning Board of Appeals of February 9, 2006.

Motion carried 5 to 0.

Roger Crabtree moved and Jay VanSoestberg supported the motion to adjourn the Zoning Board of Appeals meeting at 7:20 p.m.

Motion carried 5 to 0.

__________________________

Roger Crabtree, Secretary

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Walker, MI  49534
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