ZBA Minutes

MEETING
CITY OF WALKER
ZONING BOARD OF APPEALS
Thursday, January 10, 2008
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; Charles Deshaine; Brian Boelens, Alternate; James Hickey; Randy Smith; and Beth Rogers. Members absent: Tyler Korfhage and Roger Crabtree.

Property located at 961 Timberwinds, SW also known on the tax rolls as 41-13-32-327-028.

The applicant’s request is to erect a detached accessory building in the partial side yard instead of the required rear yard. Hearing requested by Richard Hoffman.

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

Richard Hoffman, the applicant stated that the property is very unique. From the road it jetts up very steep within a short distance and then it rounds off and goes down to a small ravine. That ravine is a major drainage area where water drains from about 3 to 4 acres up hill to the west. All the water from those 3 homes drains directly behind this garage. If we were to put the garage directly behind the house to meet the ordinance we would be sitting in the middle of that ravine. He stated that we have the side yard setback at between 20 and 30 ft. with trees.

Robert Marz asked what the dimensions are on the garage?

Mr. Hoffman replied that it is approximately 28 x 28 and those are exterior dimensions. It is a two stall detached garage.

Gayle Schmelzel 949 Timber Winds stated she owns the property to the west of Mr. Hoffman and she is concerned about the construction of the garage and the stability of the property between the two houses. There is a good size rise between the properties and deterioration of that rise deteriorates our property and does effect that drainage area. That is our primary concern.

Mr. Hoffman stated that there is a turn around on the plan and that will not be there. That area will be landscaped with ground cover. The drainage area is behind the garage. There will be a retaining wall because the property rises and just about every house up here has a retaining wall.

Ms. Schmelzel stated that right on the lot line is a big rise and we do not want it to crush and push the retaining wall back.

Mr. Hoffman replied that it will be landscaped there with rock and boulders and ground cover and we will be doing that behind the garage as well to make sure the water does not erode the soil.

Beth Rogers asked if they had someone out there to assure that when you build this home that any rise in the landscaping there is not going to cause the water to flow into someone else’s home?

Mr. Hoffman replied that because this is an association, we had to have all the plans and landscaping approved through the association’s architectural committee. They have given their blessing to this plan. We have a three member architectural committee and all plans have to submitted to them. He stated he has a letter to prove this.

Beth Rogers stated that her main concern was that you do not flood someone else’s house.

Mr. Hoffman stated if we push the garage back, there will be problems, but we are well above the drainage area on where that garage is located. He went on to say that David Arsulowicz, who is on this committee, called him last night and asked if Mr. Hoffman wanted him to come to this meeting. He is a neighbor of Ms. Schmelzel.

Charles Deshaine stated that he would like to see something in writing to substantiate these findings.

Brian Boelens asked about the placement of the garage.

Mr. Hoffman stated that part of the garage does sit behind the house. It is about 20 ft. from the back corner of the house to the front of the garage. The water drainage in the back of the house will stay as it is now. We are not going to touch that part of the property. We may put some stones down to control erosion.

Beth Rogers asked what kind of soil is here?

Mr. Hoffman replied that it is nice gravel with a mixture of sand and some clay. It is good gravel and great for drainage.

Beth Rogers asked Ms. Schmelzel if she had any trouble with her basement flooding?

Ms. Schmelzel replied that they have not had water in the house but they have in the backyard but any backup from this lot would cause a problem.

Mr. Hoffman stated that this has been draining here in the back for a number of years and if it does not build up now, it won’t in the future. We are not touching the soil back there.

Jeff Nelson stated that the placement of the house was designed so that natural drainage course was not disturbed.

Robert Marz stated that the reason the applicant is here is because he wants to move the garage forward enough so that he is not in the drainage area.

Mr. Hoffman stated that if Ms. Schmelzel has flooding in her house, it will not be because of our property, because we are leaving it untouched. She is up hill from our house. Our lot is just under 2 acres. The frontage is 191 ft.

Charles Deshaine asked the applicant if he has talked with his neighbors about this plan?

Mr. Hoffman replied yes and he has shown this plan and the elevations and floor plan of the house. He is willing to work with the neighbors.

James Hickey moved and Randy Smith supported the motion to approve the applicant’s request to erect a detached accessory building in the partial side yard instead of the required rear yard.

There are exceptional and 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 parcel is unique in that there are two ridges on the lot that cause significant water drainage areas. If the detached garage is positioned any deeper on the property, it will obstruct water drainage from the parcels to the west.

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. There are three other homes that enjoy preservation rights in Serenity Ridge, two of which have detached garages sitting out by road frontage. They are 3653 Grand Bluffs, 3566 Little Timber Ct. and 918 Timberwinds.

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 ordinances or public interest in that because it is a multi acre lot, the garage will sit up and back from the road approximately 80 ft., the exterior will match the home exactly and all of the setbacks will be met. We will also be landscaping between the home/garage and the 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 in nature because of the location in a multi acre area with plenty of trees, the topography is very unique with ridges and ravines. The septic drain field is located directly behind the home and there are serious water drainage areas that run through the property as well.

Does not apply.

The Board imposed the following condition:

1. The City Engineer looks at the drainage on this property to make sure it does not affect the neighboring property.

Motion carried 6 to 0.

Property located at 1767 Wilson, NW also known on the tax rolls as 41-13-18-127-008.

The applicant’s request is to construct a 40 x 45 ft. accessory building in the front yard instead of the required rear yard. Hearing requested by Roy Girard.

Robert Marz, Chairman reviewed the application and site plan submitted. He stated that the Board has received a letter from the Engineering Department stating that there should be a wetlands determination made on this property before any decision are made on the property.

Jeff Nelson stated that the applicant has one of two choices. He can go to the DEQ to get a wetlands determination or to a private engineering firm that works with the DEQ to get this determination.

Mr. Girard stated that this building will not be seen by any neighbor. He stated that there is a new development that is going in behind my property.

Jeff Nelson stated that the Board could approve the placement of the building in the front yard based on the DEQ approval of the site plan.

Charles Deshaine stated that there is not much sense sending the applicant off for DEQ approval if the Board is not going to give the applicant approval of this request.

Mr. Girard stated that the proposed site is totally enclosed by woods and would be an asset to the property. He went on to say that we would not have to put a 300 ft. driveway in to get to the proposed site.

James Hickey asked how large is the property?

Mr. Girard replied it is 8 1/2 acres.

Mr. Hickey asked what is the future use for the balance of the property?

Mr. Girard stated that it has a natural pond and a ditch and it will just be wild life. The property backs up to a new development in the back.

Mr. Hickey felt that the Board needs a wetlands determination on the property before this Board makes any decision.

Wilma DeWitt 749 Oakhurst, Grand Rapids objects to this variance.

Chad Foxworthy 7021 Crawford St., Fennville appeared with questions on this variance.

Charles Deshaine moved and James Hickey supported the motion to table the applicant’s request to construct a 40 x 45 ft. accessory building in the front yard instead of the required rear yard. The Board would like to see a determination of the wetlands on this property before making a decision.

James Hickey moved and Beth Rogers supported the motion to approve the Zoning Board of Appeals minutes of December 13, 2007.

Motion carried 6 to 0.

James Hickey moved and Beth Rogers supported the motion to adjourn the Zoning Board of Appeals meeting at 8:30 p.m.

Motion carried 6 to 0.

________________________

Beth Rogers, Acting Secretary

Government  |  Departments  |  Community  |  Resource Center
Contact Us  |  Search  |  Site Map  |  Home  |  Site Use Policy

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

Contact Us!
If you would like to leave general comments about the website, click here.
Click here to report technical problems with the website.