MEETING
CITY OF WALKER
ZONING BOARD OF APPEALS
Thursday, October 22, 2009
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 Deschaine; Brian Boelens; James Hickey; Sandi Howland,
Alternate. Members absent: Randy Smith and Beth Rogers. Also present:
Jeff Nelson, Building Official; and Bonnie Antcliff, Recording
Secretary.
DECISION AND ORDER
Legal Description
Property located at 1467 Ferndale also known on the tax
rolls as 41-17-06-177-001. Hearing requested by Cheryl Didion/Mark
Mazzola.
The applicant’s request is to add an addition to
attached garage leaving a 22 ft. second front yard on Fenwood St.
instead of the required 35 ft.
Finding of Facts
Robert Marz, Chairman reviewed the application and site
plan submitted. No citizen appeared with respect to this request.
Chairman Marz explained to the applicant that there are only 6 Board
members present tonight. If the vote is tied, then the application will
have to be tabled. The applicant opted to continue.
Carl Taylor, builder stated that this will increase the
value of the home and the addition will be a $100,000 remodel of this
home and the property value will come up.
Chairman Marz asked if there were trees on this site?
The applicant replied yes there are two trees and when
we excavate for the garage, they will be removed. The garage extension
will not go much further than where those trees are presently. This will
be 22 ft. from the property line.
Mr. Taylor stated that right now we have 50 ft. from the
front. We have two front yards since this is a corner lot. That would
drop it down to 43 ft. and we are still within our setback requirement
on the front. On the other side, which is also considered a front yard,
we will be down to 22 ft. on that side. He went on to say that we are
going to add on a two stall garage and we are going to add an addition
above the garage and the existing house.
Motion
James Hickey moved and Sandi Howland supported the
motion to grant the applicant’s request to add an addition to attached
garage leaving a 22 ft. second front yard on Fenwood St. instead of the
required 35 ft.
- 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. We live on a corner lot and cannot increase the size of
the garage without a variance. Existing garage already on Ferndale
SW and Fenwood SW. This is the only logical place to add to existing
garage.
- 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. Other corners closer than 35
ft. Properties in question: 1530 Ferndale Ave., SW too close to
parking lot, 0-9391 Kenowa SW, side of house close to Begole, 4790
Riverbend SW too close to Moelker, SW and 4449 Riverbend SW too
close to Hope Elementary School service road.
- 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 this
will not cause any problems to the neighbors and will increase the
look of neighborhood compared to how it looks now. Will add value to
the neighborhood.
- 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
ZBA 10-22-09
reasonably practicable for the formulation of a
general regulation. Our problem is only typical to corner lots. Need
for control of setbacks but we will still maintain a 22 ft. setback.
- Does not apply.
Motion carried 6 to 0.
DECISION AND ORDER
Legal Description
Property located at 931 Harding, NW also known on the
tax rolls as 41-13-11-426-004. Hearing requested by Glenn A. Buller.
The applicant’s request is to split existing through
parcel creating one conforming lot with a single family house, one
parcel with a house with 73 ft. of street frontage instead of 90 ft. and
exceeding the one to four width to depth ratio and creating a lot on
Hillside with 2 accessory buildings and no principle structure.
Finding of Facts
Robert Marz, Chairman reviewed the application and site
plan submitted.
Mr. Buller stated that his parents bought this property
in 1947 and nothing is going to be changed. They lived in the house in
the back and then they built the house in the front. Everything here is
grandfathered in. There are other homes on Harding with less than 90 ft.
of frontage. He stated we are splitting this because we want to keep the
pole barns. Currently both houses are rented and the renters want to buy
each house and we want to sell both pieces of property. We are selling
these houses on a land contract and each owner is letting him use the
drive. He needs the access off of Hillside.
Tom Zegunis 935 Harding does not want this granted. He
is immediately west of this site. He stated that things will change if
the lot with the two pole barns is allowed to be put in. With an access
on Hillside Dr. things will change. The way it is now you have to go in
from Harding and that is not intended to be a through area. That will
encourage more trespassing which has been an ongoing problem with people
coming onto my property with an easy access to the Meijer store. By
putting a driveway with access to the pole barns, that will only
increase that problem. He can see splitting the property into two lots
with definite boundaries. It is not necessary to create a third parcel.
Linda Summey, 936 Harding read a letter submitted to the
Board dated October 20, 2009. The Summeys are not in favor of this
request.
Cheryl Heath, 860 Harding lives in the house across the
street. She would like to see this split into two parcels and not three.
The house on the back has never ending cars going back there. She
wonders how many people live in that house.
Mr. Buller stated that he told the neighbors and renters
to call Walker Police if there is a problem there.
Mrs. Summey stated that people use their driveway to
turn around.
Mr. Buller stated that he could put a driveway in there
now without a variance. This drive will not be used everyday.
Robert Marz asked Mr. Buller if he has an affidavit from
Meijers saying that the back piece on Hillside no longer has a one foot
restriction?
Mr. Buller stated that he does not have that in writing
but the County said that it used to be a 10 ft. restriction but it has
been turned back to Walker and is now my property. He stated he talked
with the City engineer and we checked with the County. He stated I need
to be able to get to my property and do not want to have it landlocked.
Robert Marz stated that as far as he knew that
restriction has not been waived and we are concerned about that.
James Hickey stated that we had a one ft. easement there
that Meijers owned one ft. on that side of the road and that is why you
cannot put a driveway out to Hillside. He stated that is still in effect
as far as he knows.
Mr. Buller stated that he was told that it wasn’t.
Jeff Nelson stated that if Mr. Buller does not have
access to Hillside, then the notice is wrong. We did not notice this for
a landlocked parcel. It was our understanding that the County said that
one ft. strip had been given back to the property owners. If it has not
been given back, and we don’t have something in writing, he felt that
this should be tabled until we get it in writing.
Roger Crabtree stated that he has a problem with a lot
with no residence on it with an accessory building. He would rather see
it split in half.
Chairman Marz stated that the Board wants to hear from
the City Engineer on driveway cuts and making three lots here. They also
want to hear from the DPW Director and the Planning Department.
Mr. Buller stated that if Meijers will not let him have
a driveway here, then he does not want the third lot. He still wants the
pole barns and the renters in the back, that want to buy that piece of
property, are the ones that said I could keep the pole barns otherwise
he would not consider selling that piece of property.
Motion
James Hickey moved and Sandi Howland supported the
motion to table the applicant’s request to split existing through parcel
creating one conforming lot with a single family house, one parcel with
a house with 73 ft. of street frontage instead of 90 ft. and exceeding
the one to four width to depth ratio and creating a lot on Hillside with
2 accessory buildings and no principle structure. The Board wants to
hear from the City Engineer on driveways cuts, if Meijer has waived that
one ft. rule, and input from the DPW Director and the Planning Director.
Motion carried 6 to 0.
DECISION AND ORDER
Legal Description
Property located at 2547 3 Mile Rd., NW also known on
the tax rolls as
41-13-04-400-030. Hearing requested by Steven Swanson.
The applicant’s request is to judge a gymnastic school
similar to other permitted uses in the ML District.
Motion
Roger Crabtree moved and Sandi Howland supported the
motion to table the applicant’s request to judge a gymnastic school
similar to other permitted uses in the ML District since the applicant
failed to appear.
Motion carried 6 to 0.
Motion
Roger Crabtree moved and James Hickey supported the
motion to approve the Zoning Board of Appeals minutes of September 10,
2009.
Motion carried 6 to 0.
Motion
Brian Boelens moved and Charles Deschaine supported the
motion to adjourn the Zoning Board of Appeals at 8:05 p.m.
Motion carried 6 to 0.
___________________________
Roger Crabtree, Secretary
The City
of Walker, Michigan