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ZBA Minutes

MEETING
CITY OF WALKER
ZONING BOARD OF APPEALS
Thursday, December 13, 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; Brian Boelens, Alternate; and Beth Rogers. Members absent: Randy Smith; and Tyler Korfhage.

DECISION AND ORDER

Legal Description

Property located at 91 Collindale, SW also known on the tax rolls as 41-13-28-326-012. Hearing requested by Sandra de Ryke.

The applicant’s request is to split existing parcel creating a lot with 100 ft. of street frontage instead of the required 125 ft. and 21,500 sq. ft. in area instead of the required 25,000 sq. ft.

Finding of Facts

Robert Marz, Chairman reviewed the application and site plan submitted.

Ms. De Ryke stated that she wanted to give Mr. Versluis the 10 ft. back that is rightfully his. He was gracious enough not to want it back before because there was a garage that was in the way. The garage has been torn down and she wants Mr. Versluis to have his 10 ft. of land back.

Mr. Phil Versluis, 75 Collindale stated that when he bought the property from his dad and there was 15 ft. between Ms. De Ryke and the neighbor to the south. He stated they asked my dad, since there was an oil line there, if he would move over 15 ft. because that interferes with the oil line. My dad agreed. Mr. Versluis stated that he agreed with Ms. de Ryke to give him 15 ft. for 5 ft. After that we forgot about it. Now Ms. de Ryke wants to give it back

Mary Koning 111 Collindale stated she was present to see what was happening here.

The picture of the property was shown on the overhead projector. Jeff Nelson stated that there were no side yard issues here.

Motion

James Hickey moved and Beth Rogers supported the motion to grant the applicant’s request to split existing parcel creating a lot with 100 ft. of street frontage instead of the required 125 ft. and 21,500 sq. ft. in area instead of the required 25,000 sq. ft. per the application.

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. I have public water and sewer, I don’t need the extra frontage for a septic system and 100 ft. is more than ample.

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 following have less than 125 ft. of frontage; 209 Collindale (100 ft.), 127 Collindale (100 ft.), 141 Collindale (82.5 ft.).

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 10 ft. piece is combined with existing neighbor’s lot so there will not be any apparent change to either lot and no problem will be posed.

The condition of 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. I can see the need for additional frontage for areas on "S" lots due to septic systems, but now that city sewer and water are available and hooked up, there is no need for leaving areas for replacement fields.

Does not apply.

Motion carried 6 to 0.

Motion

Roger Crabtree moved and Beth Rogers supported the motion to approve the Zoning Board of Appeals minutes of November 8, 2007.

Motion carried 6 to 0.

Motion

Charles Deshaine moved and Brien Boelens supported the motion to adjourn the Zoning Board of Appeals meeting at 7:25 p.m.

Motion carried 6 to 0.

_________________________

Roger Crabtree, Secretary

 

 

 

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