MINUTES OF THE
MEETING OF THE ZONING BOARD OF APPEALS,
WHICH TOOK PLACE
ON
AT
1. ROLL
CALL
PRESENT: Board Members - Green, Higgins, Holthof, Lichtenwald, and
Siemer
ABSENT: Board Members – Steele
OTHERS PRESENT: Daryl Poprave, Debbie Marquardt, and 4 others.
2. APPROVAL OF MINUTES
It was moved
by Higgins and supported by Siemer to approve the minutes of the
The Chairman explained the public hearing procedures and how the Board decides if the variance request is approved based on the five ordinance criteria.
3. PUBLIC HEARINGS
a.
No. 07-12 – Chad Rockafellow for an area/dimension variance to allow the construction
of a new attached garage with a gross floor area of 1,300 square feet at
Daryl Poprave introduced the petition and the
location. This is located next to a
church and both a motel and a commercial real estate venture. This property is zoned RA-1 single family
residential and borders Regional Commercial and
Chad Rockafellow,
Green asked about the size of the proposed
garage. How did the items influence the requested
size of the garage?
Mr. Rockafellow stated that it would give him
room for his vehicles and other motorized vehicles plus a workshop area.
Higgins asked what the smallest size of
garage would be adequate?
Mr. Rockafellow stated that he could handle
900 to 1,000 square feet but he would like to go with a 1,200 sq. ft.
Higgins wanted to know what the smallest garage
is that he would be willing to put on the property because the house is only 1,300
square feet and he doesn’t want the garage to be bigger then the house. He asked that Chad go through and answer the
five review criteria.
Mr. Poprave stated that the board had the
text in front of them you don’t have to read that to the them just explain why is it a problem with the garage size of 800 square feet.
Mr. Rockafellow said that it would give him
more storage room and work area.
Siemer stated that the structure would be
masked by the house and there is a screen of trees immediately to the south of
the property.
Higgins asked if he the minimum variance the
petitioner would accept is a 1,000
square foot garage.
Mr. Rockafellow stated that with the larger
buildings surrounding him he doesn’t feel the garage would look out of
place. He isn’t going for the tall but
for more floor area.
Higgins asked has there been something that
created this problem for you that is outside of your control with relationship
to the property itself?
The petitioner stated that he is renting a
storage building that has been broken into.
He is an electrician and he would like a workshop there to improve his
home and it would give him more area to work with.
Higgins asked if he was
willing and it is adequate to go with 1,000 square feet.
The petitioner stated that 30 by 40 would be
sufficient. He could handle 1,000 sq.
ft. but would like 1,200 sq. ft.
Holthof stated that when he purchased the
property in 1995 he was not in the city and they were then annexed to receive
city water. He was annexed in 1996.
The petitioner stated that was correct and he
hoped it helped with his petition.
Siemer asked if he would be facing this
problem if he was in the township? There are a number of homes further down the
road with large pole barn structures but they are not in the city.
Mr. Poprave stated he did not know. He does know there are bigger buildings
outside the city.
Ron Reality owns a rental home in Mapleton (
Jack Liddell,
Findings of
Fact:
1.
The
property is in the RA-1 District.
2.
The
property shares a border on the south with Regional Commercial.
3.
North of
the property is a church.
4.
This
parcel is an irregularly shaped lot.
5.
Property
was annexed into the city in 1996 and the petitioner bought the property in
1995.
6.
One
letter received in opposition to the request.
7.
One
letter received in favor of the request.
8.
Two
persons spoke in favor of the request.
9.
Size of
the existing house is 1,300 square feet.
10.
Several
more intensive zoning districts in close proximity to this property.
11.
The
property is screened on the south by trees from
It is moved by Higgins supported by
Siemer to approve Petition No. 07-12 based on the findings of fact to allow the
construction of a new detached garage at
a.
1,000 square
feet maximum size limit
b.
the current
garage is demolished prior to construction commencing
Higgins felt that the garage will do substantial justice to the petitioner. The property is unique with commercial along side. He feels he could answer yes to all the review criteria questions.
Holthof stated that the zoning was done based on what was the use at the time. It is very confusing to figure out what district you are in. This size garage does not look out of character with other properties in the area.
Green stated that he was concerned with the size at first but that was addressed and the smaller size is more inline and would maintain some time of uniformity. He would support the motion.
Siemer agrees. The building codes were different then what exists today in the township and this should benefit all of his neighbors. The willingness to compromise helped sway him.
Lichtenwald agrees and believes the review criteria have been met.
Voting on the motion:
Green: Yes
Higgins: Yes
Holthof: Yes
Lichtenwald: Yes
Siemer: Yes
The motion to approve the Petition 07-12 was approved 5-0.
4. PUBLIC COMMENTS (not related to items on the agenda)
None
5. OLD
BUSINESS
None
6. NEW BUSINESS
None
7. DECISION SHEET SIGNATURES
8. ADJOURNMENT
Hearing no further business, the Chairman adjourned the
meeting at 7:15 p.m.
Respectfully submitted,
Daryl Poprave
Deputy Planning Director