ZBA Minutes

MEETING
CITY OF WALKER
ZONING BOARD OF APPEALS
Thursday, November 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.

Members present: Robert Marz, Chairman; Roger Crabtree; James Hickey; Rebecca Haven; Charles Deshaine; Ken Fex; and Tyler Korfhage. Also present: Jeff Nelson, Building Department; and Bonnie Antcliff, Recording Secretary.

Property located at 1016 Harding St., NW also known on the tax rolls as 41-13-11-404-036.

The applicant’s request is to build an attached breezeway and two stall garage to the west side of existing house with a 21 ft. setback instead of the required 26.4 ft. Hearing requested by Loren Johnson.

Robert Marz, Chairman reviewed the application and site plan submitted. He then read a letter from William Humes 2255 Gaynor dated November 9, 2006 and a letter from Jan Ashley 1021 Harding dated November 8, 2006 in favor of this request.

Roger Billock 2251 Gaynor Ave. also approves this request.

Ken Fex asked the applicant if the porch on the west side of the house will come down?

The applicant replied yes it will come down.

Jim Hickey asked what will happen to those two large trees on the property and what are you going to do about the grade there?

Mr. Johnson replied that the grade is going to be built up before the footings are poured for the garage. The trees have been trimmed back and he felt that it would be 20 to 25 ft. to the trees from the side of the garage.

Chuck Deshaine asked what type of driveway will be put in?

Mr. Johnson replied that right now there is asphalt there and when the garage is built there will be an 8 ft. apron from the garage and the asphalt will blend into that. Eventually he hopes to have a full cement driveway.

Chuck Deshaine moved and Tyler Korfhage supported the motion to grant the applicant’s request to build an attached breezeway and two stall garage to the west of existing house with a 21 ft. setback instead of the required 26.4 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. The home has been here for over 100 years and does not meet current setback codes. We would like to enjoy the use and conveniences of an attached garage that improves the value and appearance of the home. To accomplish this the front of the garage would be about 5 ft. 4 in. short of meeting the code of 35 ft. x 75% from the right-of-way line.

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 homes at 1739 Vinecroft, 836 Jones and 1407 Winslow have similar situations.

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 there will be no detriment to neighbors as the lot is 130 ft. wide and 297 ft. deep.

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 lot is 130 ft. wide and there should be no problems once the garage is completed. Once construction is complete, there will be over 50 ft. of space from the side of the garage to the west property line. Also, the front of the proposed garage will not be as close to the road as the front of the existing house is currently.

Does not apply.

Motion carried 7 to 0.

Ken Fex moved and Rebecca Haven supported the motion to approve the amended minutes of October 26, 2006.

Motion carried 7 to 0.

Roger Crabtree moved and Ken Fex supported the motion to adjourn the Zoning Board of Appeals meeting at 7:30 p.m.

Motion carried 7 to 0.

________________________

Roger Crabtree, Secretary

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Walker, MI  49534
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