CITY OF HOLLAND BOARD OF APPEALS AGENDA HOLLAND CITY HALL - COUNCIL CHAMBERS 270 S. RIVER AVENUE [May 2, 8:00 am ]

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1 CTY OF HOLLAND BOARD OF APPEALS AGENDA HOLLAND CTY HALL - COUNCL CHAMBERS 270 S. RVER AVENUE [May 2, 8:00 am ] 1. 5:00 PM Agenda Study Session - EMPLOYEE LOUNGE 2. 6:00 PM Public Hearing on the following application(s): 12 W. 12th St Z Gunnar Bracelly is requesting a special exception to construct an accessory building at his home at 12 W. 12th St. The building would be 16 where the maximum height is 12. This building would be located in the Historic District and is required to have a Certificate of Appropriateness and meet other conditions for the Board to approve this request ,f. 3. Decision on above, if not made at the end of the public hearing. 4. New Business: 97 E. 23rd St V POSTPONED until June meeting 17.08Z Joshua Banner is requesting a Special Exception to build an accessory building that has an accessory dwelling unit in it. The board can approve this Special Exception for the accessory dwelling unit if the certain conditions exist a(1), g 5. Approval of Minutes: May 25, Next Meeting Date: July 27, Adjournment

2 Date Filed: Jul":'1; Application No:,.-:20 L Application is made for ZONNG BOARD OF APPEALS A Variance jflag lot (Divide property) _\é_special Exception j_conditional Use Other am applying based on section(s) and section Ordinance. (List all section numbers that apply to your request) of the Zoning Applicant's name(s): G -\ N N A1 B 2 A CELL Y Applicant's Address: 7. w * :7. srz _ HOLLAND M1 4%; 3 Applicants Telephone: at J G(= 3 (home) (work) Please provide the following information about the property in question: StreetAddress: H. w 11* ,l-\ u AND Mi 4?413> 00? Zone District: " Tax Parcel Number: }o- 1 '2? $14" Applicant's interest in the Property: "-PLtZCHA SY: Property owner(s)'s name(s):_'_yg_(,_._}j-l/am ELK Property owner(s)'s address: 2 _'$_b_2. 3A->4 TRAL Present use of property: 1E$ DE JTA-L Describe the proposed use or structure KEQDENT \ L P3? E_gT LN/\F MN 5325 Describe the nature ofyourrequest to the Zoning Board: CoN$TY.(;;]'_ 1og 0? Fr NEN z +e _ 7. <.:m(ll, cn'+lacl&_. THE deem; vat L tmve A Eb Arrlc SPME Trove A Yocm. Has there been a previous request or appeal involvingthe existing structure or property? Date; Date of prior requestlappealz Nature of prior request/appeal: r "' E9 4:.. Mu;n.z rb4lill- 'gnature of Ap icant or Agent El D l reviewed this application with a zoning administrator on declined to review this application with a zoning administrator. give pemiission for the Board members and City staff to enter onto my property to view for this request.

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10 CTYOF HOLLAND NOTCEOF BOARD OF APPEALSHEARNG REMNDER NOTCES HEREBYGVEN,that a public hearing will be held in the COUNCLCHAMBERSof City Hall at 270 River Ave, Holland, Ml, by the Board of Appeals in a regular meeting to be held on June 22, 2017, beginning at 6:00 p.m. on the following applications, pursuant to provisions of the Zoning Ordinance. The Board of Appeals is authorized to grant the relief requested, deny relief or grant partial relief, depending upon the circumstances. The Board of Appeals may grant lesser relief and that requested, including granting a special exception in lieu of a variance when appropriate. (The Board of Appeals will meet in Study Session in the Employee Lounge at 5:00 p.m. prior to its 6:00 p.m. meeting.) 97 E. 23" St. -Joshua Banner is requesting a Special Exception to build an an accessory accessory dwelling building unit that in has it. The board can approve this Special Exception for if the the certain accessory conditions dwelling exist. unit a(1), g The City of Holland will provide necessary services and auxiliary aids, such as signers audiotapes for of hearing printed impaired and materials, to individualswith disabilities, upon receipt Person of with seven days prior notice. disabilitiesrequiring auxiliary aids services should contact the City Human of Relations Hollandby writing or calling: C/OCity Clerk's Of?ce contacting Anna Perales, Deputy City Holland, Clerk,270 M , River telephone Avenue (616) Language translations on or interpretations request. will be provided La Ciudad de Holland proporcionaré servicios necesarios y ayudas auxiliares,tales como personas que usan lenguaje de se?as para aquellos con discapacidad auditiva y cintas de audio de materiales impresos, a las personas con discapacidad, con un aviso previo de siete dias de anticipacién. Las personas con discapacidades que necesiten servicios de ayudas auxiliares deben ponerse en contacto con la Ciudade Holland escribiendo o llamandoa: Human Relations C/OCity Clerk's Of?ce, comunicandose con Anna Perales, Deputy City Clerk [Secretaria Municipal Adjunta], 270 S. River Avenue, Holland, M 49423, teléfono (616) Las traducciones o interpretaciones sera proporcionada a peticién. Copies of the applications are on?le in the Office of the Community & Neighborhood Services in City Hall for inspection during regular office hours. Sharon Kleinjans, Assistant Board of Appeals Holland, Michigan June 16, 2017

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12 BOARD OF APPEALS May 25, 2017 Proposed Minutes The Board of Appeals met at 5:00 p.m. in a study session in the Employee Lounge of City Hall at 270 S. River Avenue to review items on the agenda for the regular 6:00 p.m. meeting. The Board of Appeals met in regular session in the Council Chambers of City Hall at 6:00 p.m. and Chairperson Hughes called the meeting to order. Members Present: Chairman Hughes, Vice Chair Libby, Board Members, VanWieren, VanAntwerp, VanDuren. Members Absent: Misner Staff Present: Building nspector/zoning Administrator Dan Thiele, Deputy City Attorney VanderVeen, and Board of Appeals Assistant Kleinjans Others Present: Actions were taken on the item(s) listed below: Chairperson Hughes opened the meeting at 6:00 pm. Public Hearings on the following applications: 182 Dartmouth Ave Z Michelle Ayala is requesting a variance to construct a 6 high fence in the front yard of her property at 182 Dartmouth Ave., where a maximum of a 3 tall fence is permitted (a) (12) Michelle Ayala presented the application. She stated that the reason for the request was for more privacy and safety for their son and also it would create a bigger back yard for them. Chairman Hughes opened the public hearing, hearing no comment Chairman Hughes closed the public hearing. Motion to Deny by VanAntwerp, supported VanDuren, Upon ROLLCALL, motion Denied, unanimously. The application was Denied. 1

13 Findings of Fact 17.16Z Michelle Ayala, owner of property known as 182 Dartmouth Ave., located in the City of Holland, County of Ottawa, Michigan applied to the Zoning Board of Appeals for a variance to construct a fence that is 6' tall in a required front yard. The ordinance requires that the fence be 3' tall or less in the required front yard as set forth in section of the zoning ordinance. The applicant's property is located in the R-1 residential zone district. The Zoning Board determined to deny the requested variance(s) as described above. The Zoning Board determined that the applicant failed to demonstrate that there are practical difficulties with respect to the property and in particular: The applicant failed to demonstrate that the variance is necessary due to unique circumstances or physical conditions of the applicant s property, such as narrowness, shallowness, shape, water or topography. The property is flat and rectangular and similar to many corner lots 541 State St Z Joshua Trudgeon is requesting a special exception and/or a variance to construct a second floor over his existing home and to build an addition along and within the existing house setback line of Joshua Trudgeon presented the application. Chairman Hughes opened the public hearing, hearing no comment Chairman Hughes closed the public hearing. Motion to Approve by Libby, supported VanWieren, Upon ROLLCALL, motion Approved, unanimously. The application was Approved. Findings of Fact 17.17Z Joshua Trugeon, owner of property known as 541 State St., located in the City of Holland, County of Ottawa, Michigan applied to the Zoning Board of Appeals for a special exception under section (d) of the zoning ordinance. The applicant proposes to construct a second-floor addition and add a 3-season porch to the rear of his house. The proposed addition will encroach into a required side yard to not closer than 2' from the East property line. His house currently encroaches to within 2 of the East property line. The zoning ordinance requires a 5 side yard set-back. The applicant s property is located in the R-TRN zone district. 2

14 The Zoning Board determined to grant the requested special exception to allow the proposed encroachment into the required side yard to not closer than 2' from the property line in order to allow the applicant to construct the addition described above and as shown in the application. The Zoning Board determined that: 1. The applicant demonstrated that the encroachment will be in character with the other properties in the area and not detrimental to the adjoining properties or neighborhood. The proposed addition and 3-season room will be built of typical residential type material and is similar to other residences in the area 2. The proposed addition will be in a side yard and will be along or within the existing set back lines. 3. The current use of the property is in conformance with the zoning ordinance. The property is used as a residence in a residential zone. 4. The applicants shall comply with the building and other codes adopted by the City with respect to their project. 281 E. 8 th St Z John R. Vanocker, on behalf of Fields Fabrics, is requesting a variance to permit the change of the faces of a non-conforming sign which would include the addition of a reader board which is prohibited in the C-3 zone district (b), Bob Prindle presented the application. Chairman Hughes opened the public hearing, hearing no comment Chairman Hughes closed the public hearing. Motion to Deny by VanAntwerp, supported VanDuren, Upon ROLLCALL, motion Denied, unanimously. The application was Denied. Findings of Fact 17.18Z John R. Vanocker, on behalf of Fields Fabric, owner of property known as 281 E 8th St., located in the City of Holland, County of Ottawa, Michigan applied to the Zoning Board of Appeals for a variance to install and use an electronic reader board sign. The ordinance prohibits electronic reader board signs as proposed by the applicant as set forth in section of the zoning ordinance. The applicant's property is located in the C-3 central business zone district. The Zoning Board determined to deny the requested variance(s) to install the electronic reader board sign. The Zoning Board determined that the applicant failed to demonstrate that the property cannot be reasonably used for any of the uses permitted in the zone district without the 3

15 variance. The property can and is being used for permitted purposes. There are no unique circumstances with respect to this property that prevent its use. 564 West End Dr Z Greg England, on behalf of John and Joyce Baumgardner, is requesting a special exception to construct a home that exceeds 2500 sq. ft. in the Central Park Neighborhood A letter in support was read from Barbara Meijer. Greg England presented the application. The infill application was approved. Chairman Hughes opened the public hearing, hearing no comment Chairman Hughes closed the public hearing. Motion to Approve by Libby, supported VanWieren, Upon ROLLCALL, motion Approved, VanDuren, Huges, VanWieren, and Libby Yes VanAntwerp No The application was Approved. Findings of Fact 17-19Z Greg England, owner of property known as 564 West End Dr., located in the City of Holland, County of Ottawa, Michigan applied to the Zoning Board of Appeals for a special exception under section of the zoning ordinance. The applicant proposes to construct a new residence. The proposed construction will result in a structure that is 3,470 square feet. The zoning ordinance requires that the applicant obtain a special exception to construct a residence that is larger than 2,500 square feet. The applicant s property is located in the Central Park Neighborhood Area of the R-1 residential zone district. The Zoning Board determined to grant the requested special exception to allow the construction of the proposed residence as shown in the application. The Zoning Board determined that: 1. The applicant has obtained infill approval from the Department of Community and Neighborhood Services. 2. The applicant demonstrated that the project will not negatively affect adjoining or neighboring properties. The house will be constructed of typical residential material similar to others in the area and several neighbors provided input supporting the applicant's request and indicating that it is compatible with the neighborhood. Unfinished Business: 4

16 592 Myrtle Ave Z Nathan Sankey is requesting a variance to construct a commercial storage building at his property at 592 Myrtle Ave. He wishes to install it 15 from the west property line where 24 is required (e) A letter was submitted from the applicant to withdraw his request. Motion to remove from the Table by Libby, supported VanWieren, Upon ROLLCALL, motion Approve, unanimously. The application was Removed from the Table. Motion to Approve Withdrawal by Libby, supported VanWieren, Upon ROLLCALL, motion Approved, unanimously. The application was Withdrawn. 97 E. 23 rd St V POSTPONED until the June meeting Joshua Banner is requesting a Variance and Special exception to build an accessory building that exceeds the height requirement and has an accessory dwelling unit in it. The proposed accessory building will be 18 from grade to the average roof height where 12 is the maximum. The board can approve this variance to the height requirement and the special exception for the accessory dwelling unit if the certain conditions exist a(1), g Joshua Banner requested to be tabled until the June meeting so he can be more informed and prepared. Motion to remove from the Table by Libby, supported VanWieren, Upon ROLLCALL, motion Approve, unanimously. The application was Removed from the Table. Motion to Table by VanAntwerp, supported VanDuren, Upon ROLLCALL, motion Approved, unanimously. The application was Tabled Northwest Crossings (aka 308 Northwest Crossings) 17.15H - Doug Geerlings is requesting a variance to allow more than one building to use the same sewer. The ordinance allows relief from these requirements if the Board concludes the applicant has met the standards for the variance , 29-46s Holland Engineering presented the application. Chairman Hughes opened the public hearing, hearing no comment Chairman Hughes closed the public hearing. Findings of Fact. 5

17 17.15H Doug Geerlings for Overlook Properties, LLC, a Michigan limited liability company, owner of Northwest Crossing, aka 308 Northwest Crossing, located in the City of Holland, County of Ottawa, Michigan is applying for a variance from the requirements of Section of the Holland City Code. The Applicant s property is Tax Parcel No and legally described as: Part of the SW 1/4 com S 1/4 corner, thence N 0d 29m 08s E feet along N&S 1/4 line, thence N 89d 30m 52s W feet, thence N'ly feet along a 64 feet radius curve to right (chord bears N 07d 15m 47s E feet), thence N 89d 30m 52s W feet to point of beginning of parcel herein described, thence N 89d 30m 52s W feet, N 0d 35m 37s E feet thence S 89d 27m 21s E feet, thence S 0d 35m 37s W feet to point of beginning sec 26 T5N R15W 0.77a m/l split/combined on 09/04/2012 from , , , , , , , , , , ; replat no. 2 of quarterline crossing (removed unit 27 thru unit 37). The applicant proposes to create a condominium and construct 3 buildings with 4 residential condominium units in each building on its property. The applicant proposes to use one common sanitary sewer lateral for the 3 buildings to connect to the public sanitary sewer. Section requires separate sanitary sewer laterals for each building on the property. The applicant proposes that the condominiums will be under common ownership, governed by one condominium association, and all units will be rented to occupants. Section of the Holland City Code authorizes the Board of Appeals to grant a variance under certain circumstances. The Board of Appeals determined to grant the applicant s request for variance to allow the joint sewer connection serving the 3 buildings. The Board of Appeals determined that: 1. A report from the Holland Board of Public Works by was filed indicating that the Board does not oppose the proposed joint connection if the applicant demonstrated special circumstances. 2. The applicant showed the need for the joint connection. a. Creating 3 laterals connecting to the public sewer would be incompatible with the area because they would (a) encroach upon properties not owned by the applicant (b) require that the road be open cut and (c) conflict with water mains. 6

18 b. A public sewer extension would require an 8 line and result in flow problems given the distance, required slope and anticipated use when compared to the proposed lines would be 6 lines with a greater slope for this location. The approval granted above is conditioned upon compliance with the following conditions: (a) The applicant installs 2 appropriately spaced manholes in the common lateral; (b) There will be only 1 condominium association for the 12 condominiums and the common lateral will be a general common element of the condominium such that the association is responsible for the common lateral s maintenance. (c) Separate lines for each of the 3 buildings shall be installed if sold into separate ownership in the future. (d) A copy of this approval shall be recorded with the Register of Deeds at the applicant s expense. f this approval is not recorded before the Master Deed for the applicant s condominiums, it shall be re-recorded with the condominium legal description at the applicant s expense. Failure to comply with these conditions renders the variance void and of no effect. New Business: None. Approval of Minutes: April 27, 2017 minutes Motion by VanAntwerp, supported by, VanDuren. Upon VOCE VOTE, motion Approved, unanimously. The minutes were approved. Approval of Minutes: May 2, 2017 minutes Motion by VanDuren, supported by, Libby. Upon VOCE VOTE, motion Approved, unanimously. The minutes were approved. Adjournment: A motion to adjourn was made by VanWieren, supported by Libby. Upon VOCE VOTE the motion passed unanimously. The meeting was adjourned at 7:00 p.m. Prepared by Sharon Kleinjans 7