MINUTES OF THE MEETING OF THE ZONING BOARD OF APPEALS,
WHICH TOOK
PLACE ON
AT
1. ROLL CALL.
PRESENT: Board
Members – Dunn, Holthof, Lichtenwald,
Pelton and Sutton
ABSENT: Higgins (excused)
OTHERS
PRESENT: Mark Ostgarden, secretary and four people in the audience
2. APPROVAL OF MINUTES.
The
minutes of
3.
PUBLIC HEARINGS AND CONSIDERATION.
Petition No.
03-03 –
The
Midland County Historical Society is constructing a new museum on
There were
no other letters in support or in opposition to the request.
Gary
Skory, Executive Director of the Midland County Historical Society, addressed
the Board. He explained that there is
already some vegetation in place. He explained
that the subject property and the property across the street are owned by the
Dow Foundation and the Historical Society has a long-term lease. The Society plans to keep the existing trees
and does not think a berm would look good at this location and feels that any
additional blandishing would interfere with the natural setting and hide the
boiling. The problem is not self-created
in that the building was raised to comply with floodplain construction requirements. He reminded the Board about the Dow
Foundation assurance that the property across the street would remain
undeveloped.
No one
else spoke in support of or in opposition to the request.
FINDINGS OF FACT:
1.
The property is zoned Residential A-1.
2.
One letter in support.
3.
The property is owned by the Herbert H.
and Grace A. Dow Foundation.
4.
The site was elevated to accommodate
flood plain requirements.
5.
The live trees along
6.
The property across the street is RA-1,
undeveloped and in the floodplain.
7.
Attachment 3 depicts 15 parking spots
that will be provided.
8.
Screening was indicated on the site
plan.
9.
Property owner stated the property
across the street (
10. There
was no opposition.
It
was moved by Hank Holthof and seconded by Sally Sutton to approve the request
based on the Findings of Fact
Hank
Holthof began the Board deliberation by stating he thought the variance
criteria were met. He felt conformity
was too burdensome with respect to a berm.
There is a nice natural setting and adding landscaping does not seem
appropriate. Property is unique being in
the flood plain and the problem is not self create due to flood plain issues.
He
suggested a condition that screening be required should the property across the
street be developed. Sally Sutton agreed
to the condition.
Sally
Sutton did not think adding the screening would be burdensome. She thought it would enhance the
property. The property is unique due to
the flood plain. She was comfortable with
the variance with the condition.
Joe
Dunn thought the mature trees provide some screening.
Tim
Lichtenwald and Woody Pelton thought the variance met the criteria and were
comfortable with the amendment.
Vote on the motion:
YEAS:
Dunn, Holthof, Lichtenwald, Pelton, Sutton
NAYS:
None
The variance was approved.
4. Public comments before the Zoning Board of
Appeals.
There were no public comments.
5. Old/New Business.
The secretary gave a brief report on the Zoning Ordinance update
process. A workshop is planned for
Woody Pelton and Joe Dunn will not be able to attend the June meeting.
Sally Sutton reported to the Board on the concern mentioned by one member
of the City Council that the Board is granting too many variances. She also reported on the concerns the City
Council have that the Board does not listen to the public and does not make eye
contact. She said she sent a letter to the
City Council asking them that when they hear these issues to inform the staff
so they can report to the Board. It was
suggested that the Chairman may want to periodically talk with the Mayor and
Board members may want to contact City Council members to occasionally request
feedback about the board.
6. ADJOURN.
Respectfully submitted,
Mark Ostgarden, AICP, CFM
THESE MINUTES ARE NOT
OFFICIAL UNTIL APPROVED BY THE ZONING BOARD OF APPEALS.