Draft Village of Northport Zoning Board of Appeals May 4, 2017

Members Present: Wetherbee, Budd, Mikesell, Kehl, Loud

Absent: Rogers

Staff: Joni Scott, William Fuller, Barb Von Voigtlander

The Public Hearing of the Zoning Board of Appeals (ZBA):

The public hearing began at 7:01 p.m.

  1. Presentation of Case:

The ZBA public hearing is being held to consider a (C-1) variance for an eighteen (18) foot relief of the side yard twenty (20) foot requirement. The variance would allow for a 12’x 20’shed to be used for storage.

The application for variance was filed for the Willowbrook Mill on February 17, 2017 for the property located at 201 Mill Street, Northport, MI49670 parcel # 042-450-033-00. The public hearing has been published in the Leelanau Enterprise and all property owners within 300 feet were notified. All requirements as referenced in Act 207 of 1921 have been fulfilled.

Zoning Administrator Bill Fuller asked the Board to move positively on the request.

  1. Applicants Presentation (Willowbrook Mill) :

Ms. Mimi Heberlein stated that the neighboring property owner Larry Viger supported the variance. And that the property has a topographical hardship.

  1. Public Comment:

Bill Collins, Vincer Way- Stated that the zoning should be properly reclassified for that area.

  1. Correspondence:

Larry Viger- Support for the Variance

  1. Questions from the Council:

None

  1. Applicant Rebuttal:

None

  1. Closing of Public Hearing:

The Public Hearing was closed at 7:07 p.m.

  1. Deliberation:
  1. Acceptance of Facts and Findings:

The Facts and Findings were accepted as presented.

  1. Basic Conditions:
  1. Will not be contrary to the public interest or to the intent and purpose of this Ordinance.
  2. Shall not permit the establishment within a District of any use which is not permitted by right within that Zoning District or any use of dimensional variance for which a conditional use permit is required.
  3. Will not cause a substantial adverse effect upon property values in the immediate vicinity or in the District in which the property of the applicant if located.
  4. Is not one where the Specific Conditions relating to the property are so general of recurrent in nature as to make the formulation of general regulations for such conditions reasonably practical.
  5. Will relate only to property that is under control of the applicant.

Mike Stoffel Moved, Supported by Tim Kehl to approve the Basic Conditions. Roll Call Vote: Yeas (6) Nays (0) Absent (1) Rogers

Motion Carried.

  1. Special Conditions:
  1. Where there are practical difficulties that prevent carrying out the strict letter of this Ordinance. These difficulties shall not be deemed economic, but shall be evaluated in terms of the use of a particular parcel of land.
  2. Where there are exceptional of extraordinary circumstances of physical conditions such as narrowness, shallowness, shape of topography of the property involved of to the intended use in the same Zoning District. Such circumstances of conditions shall not have resulted from any act of the applicant subsequent to the adoption of this Ordinance.
  3. Where such variation is necessary for the preservation of a substantial property right possessed by other properties in the same Zoning District.

Phil Mikesell Moved, Supported by Mike Stoffel to accept all Special Conditions. Roll Call Vote: Yeas (6) Nays (0) Abstent (1) RogersMotion Carried.

The Board granted the variance.

Adjournment: The meeting was adjourned at 7:10 pm

Joni L. Scott, Clerk