ZBA Minutes
MEETING
CITY OF WALKER
ZONING BOARD OF APPEALS
Thursday, May 25, 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; Randy Smith,
Alternate; Rebecca Haven; Jay VanSoestberg; and Ken Fex. Members absent:
Charles Deshaine and Tyler Korfhage. Also present: Dick Denney, Building
Department and Bonnie Antcliff, Recording Secretary.
DECISION AND ORDER
Motion
Ken Fex moved and Jay VanSoestberg supported the motion to remove
3202 Milo from the table.
Motion carried 6 to 0.
Legal Description
Property located at 3202 Milo St. also known on the tax rolls as
41-13-17-429-036. Hearing requested by Christy Kiefer.
The applicant’s request is to install a 6 ft. privacy fence 30 ft.
into the second front yard on Benning.
Finding of Facts
Robert Marz, Chairman reviewed the application and site plan
submitted. No other citizen appeared with respect to this request.
Robert Marz, Chairman stated that this application was tabled at the
last meeting for a sketch on where the fence was going to be placed.
Dick Denney stated that Benning St. has a 66 ft. right-of way and the
location of the fence will be 33 ft. back from the edge of road and it
should not be in an easement.
Robert Marz stated that at the last meeting the Board decided that
this would not be a sight problem but we wanted to know exactly where
the fence was going to be placed and that is why we asked for a sketch.
Motion
Roger Crabtree moved and Ken Fex supported the motion to grant the
applicant’s request to install a 6 ft. privacy fence 30 ft. into the
second front yard on Benning.
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. This is a corner lot and has a very small backyard.
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. 1379
Stanwood was granted a variance for a 6 ft. fence to within 26 ft.
from the road on Benning and Stanwood.
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
with the position of the fence, there is a very open area with no
obstruction for sight of traffic coming down either road.
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. Because
we are on a corner lot, as traffic drives by the lights shine into
my house. There are two front yards and the second front yard is
really big while the backyard is the size of a normal side yard.
Does not apply.
Motion
Motion carried 6 to 0.
DECISION AND ORDER
Legal Description
Property located at 25 North Park also known on the tax rolls as
41-14-06-103-002. Hearing requested by Highpoint Real Estate.
The applicant’s request is to split a parcel creating one lot with
115 ft. of frontage instead of the required 200 ft. and one lot with 160
ft. of frontage instead of the required 200 ft. and 41,000 sq. ft. in
area instead of the required 80,000 sq. ft.
Finding of Facts
Robert Marz, Chairman reviewed the application and site plan
submitted. No other citizen appeared with respect to this application.
Brian Sikkema, a member of North Park Partners LLC and Highpoint Real
Estate stated that they currently have one tenant and would like to have
two tenants. They have owned the building for seven years and he does
not know how the property ended up this way. He went on to say that they
want to do some significant improvements to 25 North Park to accommodate
a tenant. This variance would clean things up with the tax bills etc.
There should be some kind of cross parking agreement here also. There is
enough land between the two parcels to accommodate whatever needs to
happen. We will also have some easements in place.
Roger Crabtree stated that the application shows one parcel number
and the survey shows one parcel. Other than the blue line on the site
plan there is nothing that confirms that this is two parcels. This
survey is from l997 and shows one parcel.
Mr. Sikkema replied that we get two tax bills and there are two
parcel numbers. He felt that the building to the east was built first
and the second one was built on the same parcel and then the land was
bought in the back and then added this pre-engineered building to it.
The building in the back is probably 40 years old and it has always been
occupied by one party and no one really cared. The City treats this as
two distinct tax parcels. There is City water and sewer here and we are
planning on hooking up.
Roger Crabtree asked if the applicant was going to retain ownership
of both parcels?
Mr. Sikkema replied that the people in the building to the east would
like an option to buy the building. Dubois productions is in the entire
building and also across the road. They do not need the whole thing but
they do need the large building and so we are trying to keep them in the
large building and shed the smaller one.
Rebecca Haven asked where the parking was currently for the parcel
with the small L shaped building.
Mr. Sikkema replied it is in the crotch of the building and also
behind. We will need an easement and parking agreement here. The parcels
are funny shaped and all the parking cannot be right at the building.
The Board felt that the applicant should go through the site plan
review process and they would set the conditions for the cross over and
the egress on the property.
Motion
Rebecca Haven moved and Roger Crabtree supported the motion to grant
the applicant’s request to split a parcel creating one lot with 115 ft.
of frontage instead of the required 200 ft. and one lot with 160 ft. of
frontage instead of the required 200 ft. and 41,000 sq. ft. in area
instead of the required 80,000 sq. ft.
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. Presently the site is non-conforming. Proposed property
line is more conducive to building locations. Existing line
presently runs through an existing building.
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. We should be able to
use the property the same as anyone else zoned the same is able to do in
the 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 will have
no effect on neighboring parcels.
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. There will be no additional ingress
or egress. A cross parking agreement will be executed upon agreement.
e. Does not apply.
The Board imposed the following conditions:
- The applicant meet with the Site Plan Review Committee for
approvals for ingress and egress, parking, cross easements, and fire
protection.
- A proposed actual survey be done with a scaled drawing.
- The applicant connect to water and sewer.
Motion carried 6 to 0.
Motion
Ken Fex moved and Rebecca Haven supported the motion to approve the
Zoning Board of Appeals minutes of May 11, 2006.
Motion carried 6 to 0.
Motion
Jay VanSoestberg moved and Randy Smith supported the motion to
adjourn the Zoning Board of Appeals meeting at 7:45 p.m.
Motion carried 6 to 0.
___________________________
Roger Crabtree, Secretary
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