Minutes and Agendas

ZBA Minutes

MEETING
CITY OF WALKER
ZONING BOARD OF APPEALS
Thursday, October 11, 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; James Hickey; Randy Smith; Brian Boelens, Alternate; and John Tuffelmire, Alternate. Members absent: Beth Rogers and Tyler Korfhage. Also present: Jeff Nelson, Building Official; and Bonnie Antcliff, Recording Secretary.

DECISION AND ORDER

Legal Description

Property located at 2231 Walker Ave. also known on the tax rolls as 41-13-10-376-010. Hearing requested by Mary Campbell.

The applicant’s request is to split existing 112 ft. parcel creating a parcel with 100 ft. of frontage instead of the required 180 ft. This will allow the parcel to have existing driveway located on its own property. Approximately the same square footage will be split from the parcel to the north and added to this parcel. Both parcels presently are less than one acre.

Finding of Facts

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

Bob Marz asked what the frontage of the property is now?

Jeff Nelson stated it is 112 ft. and is presently nonconforming.

Brian Boelens asked who was Donald Meyering?

Ms. Campbell replied that he was a trustee for Gordon Meyering who passed away in 2003. When they sold their property, they had it surveyed and they found that the approach to the driveway halfway was the Bolek property so they asked us if we would exchange 12 ft. of land in the front for 12 ft. in the back. We had no problem with that. If we had known that our daughter was going to buy the property, we would have left it alone. We received a letter from Walker saying everything was OK and then the sale of the house went through and we thought everything was fine. When we went to sell my mother’s house, they did a title search and we found that the numbers did not match with the deed to the property. That is when we discovered we had a problem.

Jim Hickey asked why there was a requirement of 180 ft. lots here since it is zoned AA?

Jeff Nelson replied it is because there is no sewer here.

Ms. Campbell said that this area of Walker used to be 2 lanes and now it is 4 lanes and they moved our approaches when they did that and things got changed. We have deeds to the property and that was done in 2004.

Roger Crabtree asked why the City is so concerned about the driveway approach when it looks like part of the driveway for this property is on the south lot along with part of the building?

Bob Marz replied it is non-conforming because the lot lines were changed. The front footage was reduced.

Jeff Nelson stated that the applicant never came to the City to have us go over this originally. They took it to the County and evidently it was not caught in the first sale but was caught in this sale. Then they came to the City to have it corrected and I would not approve it. We are only worried about the side they are trying to do the split on and not the whole parcel at this time.

Motion

James Hickey moved and Charles Deshaine supported the motion to approve the applicant’s request to split the existing 112 ft. parcel creating a parcel with 100 ft. of frontage instead of the required 180 ft. This will allow the parcel to have existing driveway located on its own property. Approximately the same square footage will be split from the parcel to the north and added to this parcel. Both parcels presently are less than one acre.

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. The reason for this request dates back to October 2004. Donald Meyering, the neighbor, approached us about exchanging property so that their driveway approach was on their land when they went to sell it. In exchange, the land in the back of the property would become the Boleks’. We did not realize this would cause a problem for us.

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 visually there is no change.

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. Many lots have less that 100 ft. of frontage. We know there is a need to control the size of the lots, but the split is being requested to correct a problem that has existed for many years for the neighbor’s driveway location. With the property exchange the parcels remain about the same in area.

Does not apply.

Motion carried 7 to 0.

Motion

Roger Crabtee moved and Randy Smith supported the motion to approve the Zoning Board of Appeals minutes of September 13, 2007.

Motion carried 7 to 0.

Motion

Roger Crabtree moved and James Hickey supported the motion to adjourn the Zoning Board of Appeals meeting at 7:25 p.m.

Motion carried 7 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 © 2012 City of Walker

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