Zoning Board of Appeals Minutes

January 18, 2005 - 9:30am

REGULAR MEETING OF THE OWOSSO ZONING BOARD OF APPEALS

CITY OF OWOSSO

The meeting was called to order by Chairman Dvorak at 9:30 a.m.

Roll call was taken by Secretary Ronald Baker.

MEMBERS PRESENT: Ronald Baker, Larry Cook, Mike Dvorak, Mike Compeau, Elizabeth Frazier, Mike Rohde and Randy Horton.

MEMBERS ABSENT:  Dan Jozwiak.

MINUTES:

It was moved by Board Member Cook and supported by Board Member Horton to approve the minutes of the meeting of September 21, 2004 as presented.

AYES: All. Motion carried.

NAYS: None.

PUBLIC HEARINGS:

#2005-01 – VARIANCE

1643 W. LYNN

a)     REAR YARD DESIGNATION

b)     ACCESSORY BUILDING HEIGHT LIMIT

c)     FRONT YARD SETBACK

APPLICANT – RICHARD E. & CLAIRE CRUTTS

215 S. CHESTNUT STREET, OWOSSO

Richard Crutts explained his need to build a garage with a 14’ high bay for his motorhome. He would put shutters on windows, have the siding and eaves overhang match the house. He would have overhead doors at each end of the garage.  Mr. Crutts clarified the new property dimensions at 123’ x 128’ and easement rights to the rear of his parcel.

Hathaway explained that the unusual layout of the end of Lynn Street created confusion about where the side, front and rear yards were located, and this required interpretive decisions of the Board.  Hathaway advised the Board to look at the T-shaped end of the street as a cul-du-sac, a street setting that has more clearly defined yard areas in the zoning ordinance. 

a)  Action on the Rear Yard Variance Question.

It was moved by Board Member Cook and supported by Board Member Rohde to grant a rear yard setback variance and declare the rear yard as the south and west yards. It was found that this variance met the rules for a variance as required in the zoning ordinance, most importantly the presence of the railroad in the rear yard and the .16-acre parcel Mr. Crutts added to his lot to create the ample, additional rear yard area to the west.

AYES: All. Motion carried.

NAYS: None

b)  Action on the Side Yard Variance. 

It was moved by Board Member Rohde and supported by Board Member Compeau to grant a variance to allow an accessory structure in the side yard that shall be established as being behind a line of the northerly extension of the west line of the house; furthermore, the applicant must submit recorded evidence of irrevocable easement rights to the rear of his lot with said easement required for as long as the accessory use in the side yard continues.   It was found that this variance complies with all the  requirements for a variance as required in the zoning ordinance because the lot layout with drive approaches was unique and forced the building forward to provide the necessary access to the structure.

AYES: All. Motion carried.

NAYS: None

c) Action on the Accessory Building Height Variance.

It was moved by Board Member Rohde and supported by Board Member Cook to approve an average height variance for the garage to 16.5’, the roof overhang is to match the house, the siding is to match the house siding, and a large species evergreen tree shall be planted and maintained in the northeast corner of the lot. It was found that this variance, because of the unique lot configuration, characteristics of the lot location on the fringe of the residential district, design solutions to provide justice to the neighborhood, and spacious lot size met all the requirements of a variance as required by the zoning ordinance.

AYES: All. Motion carried.

NAYS: None

NEW BUSINESS:  None          

BOARD MEMBER/CITIZEN COMMENTS:  None

ADJOURNMENT:

It was moved by Board Member Cook and supported by Board Member Horton to adjourn the meeting.

AYES: All. Motion carried.

NAYS: None.

The meeting was adjourned at 10:10 a.m.

                                                                        ____________________________________

Ronald Baker, Secretary