Minutes and Agendas

ZBA Minutes

MEETING
CITY OF WALKER
ZONING BOARD OF APPEALS
Thursday, March 8, 2007
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; Rebecca Haven; James Hickey and Randy Smith, Alternate. Member absent: Tyler Korfhage. Also present: Jeff Nelson, Building Dept.; and Bonnie Antcliff, Recording Secretary.

DECISION AND ORDER

Legal Description

Property located at 131 Covell, SW also known on the tax rolls as 41-13-27-300-028. Hearing requested by Timothy Agin.

The applicant’s request is to construct a 2,560 sq. ft. detached accessory building in the front yard instead of the required rear yard and exceeding the 1800 sq. ft. allowed. To maintain existing accessory building until house and new accessory building are constructed.

Finding of Facts

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

Tim Agin stated that he had a petition from the neighbors saying they had no problem with this.

Robert Marz asked how many feet from the road will the outbuilding be?

Mr. Agin replied the building will be approximately 1100 ft. off of Covell. The existing out building will be torn down after the new building is built.

Robert Marz asked the applicant what he plans on putting in this building?

Mr. Agin replied he has antique cars, lawn equipment, snowmobile and trailer and he wants everything under one roof.

Roger Crabtree asked what the height of the building will be?

Jeff Nelson stated that the height of the building is not an issue here. He has to be 15 ft. from the property line for 14 ft. sidewalls.

Roger Crabtree stated that the area is hilly here. He has no problem with the front yard issue but he stated that the ordinance was just redone for the square footage of accessory buildings. Two of the buildings the applicant has listed under preservation of rights are under the 1800 sq. ft. allowed. He stated he has no problem with the placement of the building but questions the square footage. He asked the applicant if he would be willing to take 4 ft. off the end of the building?

Mr. Agin replied that he would like to keep it at 64 ft. This is a larger lot than for the building that was approved for 40 x 60 ft.

Roger Crabtree stated that this is not for farming and he questions the size of the building.

Charles Deshaine stated that this is a large, unique lot.

Mr. Agin stated that there is a new golf course going in behind him and he wants to position the building so he could have a view of the new golf course out the back of the house.

James Hickey stated that he did not feel this building was too large as there are 8 acres here.

Rebecca Haven stated that there is a change in elevation on this property.

Mr. Agin replied that the house will be a walk-out. The current ground level is where the daylight windows on the sides of house are going to be. The accessory building will have a 5/12 pitch roof and shingled with siding to match the house.

Rebecca Haven asked how do you assure that these large buildings are not being leased out for storage?

Motion

Chuck Deshaine moved and Jim Hickey supported the motion to approve the request to construct a 2,560 sq. ft. detached accessory building in the front yard instead of the required rear yard and exceeding the 1800 sq. ft. allowed. To maintain existing accessory building until the house and new accessory building are constructed.

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 a large lot with 8.4 acres in a residential area. The distance from the existing neighbors off the road frontage is approximately 1100 ft. off of Covell. The wooded parcel will also help cover the out building.

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. 13 Sunset Hills, 40’ x 60’ x 14’ out building in front and side yard, 4253 Drakewood Lane 24 x 38 ft. in partial front and side yard, 1061 Wilson, NW, 1200 sq. ft. out building in the partial front and side yard.

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 new building will set back off the road far enough not to be a detriment to the neighbors. The new building would also enhance the neighborhood by allowing applicant to store most previously stored items outside, inside.

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 of so general or recurrent a nature as to make reasonably practicable for the formulation of a general regulation. This is not a general problem.

Does not apply.

The Board imposed the following conditions:

1. The accessory building will be for private use only.

2. Removal of existing accessory building to be 90 days after the new building is constructed or before moving into the new house.

Motion carried 5 to 1. Roger Crabtree opposed.

Motion

Jim Hickey moved and Rebecca Haven supported the motion to approve the Zoning Board of Appeals minutes of January 25, 2007.

Motion carried 6 to 0.

Motion

Jim Hickey moved and Charles Deshaine supported the motion to approve the Zoning Board of Appeals minutes of February 22, 2007.

Motion carried 6 to 0.

Motion

Jim Hickey moved and Rebecca Haven supported the motion to adjourn the Zoning Board of Appeals meeting at 7:40 p.m.

Motion carried 6 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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