CITY OF HUDSONVILLE
Zoning Board of Appeals

June 19, 2007

FORMAL – Jim & Mary Huberts –Dimensional Variance
INFORMAL – None
Present: 
Aukeman (alternate), VanderMaas, Jelsema, Lubbers, VanDenBerg, and Strikwerda
Absent: 
Brummel

FORMAL SESSION:

1. Chairman VanDenBerg called the meeting to order at 7:00 p.m.
2. Motion made by Jelsema, supported by VanderMaas, to approve the minutes of the March 20, 2007 meeting.
Yeas 5, Nays 0
3. Jim & Mary Huberts, 5677 School Avenue, Hudsonville, MI 49426, parcel #70-14-29-479-008, have applied for a dimensional variance to amend Section 5-3 D.7.c. to allow for a 5 ft. rear-yard building setback where 40 ft. is required.

At this point Chairman VanDenBerg opened the public hearing.

Jim Huberts was present to explain his request to add an attached 24’ x 30’ garage to his house. He would like to include a sunroom/mudroom and a small bathroom. The pitch would be similar to blend with the house. Storage would then be available inside above the garage.
VanderMaas – What is the current size of the garage?
Huberts – 18’ x 18’.
Dan Strikwerda – The applicant has proposed to build a 720 s.f. attached garage. For reference, an attached garage has a minimum 40’ rear-yard setback and a minimum 10’ side-yard building setback requirement. A detached garage has a minimum 4’ rear- and side-yard building setback requirement. A detached garage also needs to be a minimum of 10’ from the house. Maximum size for a detached garage is 576 s.f. Corner lots do not always have the rear-yard behind their house. In a corner lot situation, the definition of a rear lot line is “The lot line opposite and most distant from the front lot line”. In this situation the rear-yard ends up being beside the house where you expect the side yard as their driveway is off School Avenue.
Jelsema – Suggested that there might be enough room on the south side, or could the driveway be changed to Oak Street and have the garage behind the house.
Lubbers – It is a difficult situation. Will the hedge line to the north be destroyed?
Strikwerda – He would remove some of it.
Huberts – Plans to install stockade fencing along the west and north lot lines.
VanDenBerg – What defines “detached”?
Strikwerda – It must be 10’ from the house.
VanderMaas – The home does not even conform to the current Zoning Ordinance setbacks.
Huberts – The house was built in 1919. He would like to keep the appearance as authentic as possible.
Jelsema – If this request is granted, a precedent would be set for all corner lots.

After all present were given the opportunity to speak, Chairman VanDenBerg closed the public hearing.

Are there unique circumstances or conditions that apply to this property?
VanderMaas – Definitely yes. This house is up and in towards the back corner of the lot.
VanDenBerg – There have been many splits in the neighborhood. The splits changed where his rear yard is.

Does the request of this variance go beyond the possibility of increased financial return for the applicant?
VanDenBerg – Yes, this is not for financial gain. It is for personal use.

Has the immediate practical difficulty been caused by anything other than what the applicant has done?
Jelsema – No, the difficulty arises because the applicant wants to do something that does not comply with the Zoning Ordinance. Also, he wants attached instead of detached.

Will granting this variance uphold the spirit of the ordinance, secure public safety, and uphold substantial justice to property owners in the district? In turn, will denying this variance prevent you, the applicant, substantial rights and privileges that others in the same zoning district are able to enjoy?
Jelsema – This should not affect public safety, but it does not uphold the spirit of the ordinance.

Has the applicant explored all possible alternatives?
Jelsema – Possibly he could build a detached garage or a garage off Oak Street.
VanderMaas – That would cause financial hardship. We should follow the Zoning Ordinance as best we can. The house does not even conform. This is a unique situation. He is concerned with future properties asking to grant the same request.
Strikwerda – He could build a detached 2 stall garage.
VanDenBerg – Agrees with setting a precedent.
Lubbers –Feels that people would have to show a real need to duplicate this request.
A motion was made by VanderMaas, supported by Lubbers, to approve the request for a dimensional variance of 35’ for the rear-yard building setback

Yeas 3, Nays 2 (VanDenBerg, Jelsema)

INFORMAL SESSION:

4.
Dan Strikwerda mentioned that he received a site plan today from Manufacturers Supply Company for a new Warehouse/Distribution Center on Corporate Exchange Drive. They had previously been granted a dimensional variance for building height.
5.
Dan was asked by the Zoning Board to discuss with the Planning Commission the rear-yard, side-yard issue for corner lots.
6.
A motion was made by Jelsema, supported by Aukeman, to adjourn at 8:05 p.m.
Yeas 5, Nays 0
Susan Dykema
Recording Secretary

Dan Strikwerda, AICP
Planning/Zoning Administrator

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