CITY OF GRAND HAVEN GRAND HAVEN, MICHIGAN ......The Beach Overlay District (Section 40-423) was adopted in 2018 as part of an overall update of the City’s Sensitive Areas Overlay

CITY OF GRAND HAVEN GRAND HAVEN, MICHIGAN

ZONING BOARD OF APPEALS VIRTUAL MEETING AGENDA

JULY 7, 2020 Notice and agenda of a special Zoning Board of Appeals Meeting at 7:00 p.m. to be held virtually. Zoning Board of Appeals members unable to attend the meeting are requested to contact the Community Development Department at 616-847-3490 prior to the meeting. 1. Roll Call: Bill Hohmeyer, Mischelle Julien, Jerry Klukos, Amy Kozanecki, Kevin McLaughlin, Field

Reichardt, Chair Melanie Riekels.

2. Call to the Audience – First Opportunity At this time, members of the audience may address the Zoning Board of Appeals on any item, whether on the agenda or not. Those addressing the Zoning Board of Appeals are asked to provide their name and address and will be limited to three minutes of speaking time. The Zoning Board of Appeals will hear all comments for future consideration but will not have a response at this time. Either type in your comment on Facebook or call (616) 843-7528. If you get a busy signal or the phone is not answered, please wait, watch and call back. We will take all callers tonight.

3. Public Hearings

A. Case 20-06: A request by Bernie & Laurie Kamps (19239 North Shore Drive, parcel #70-03-19-226-001), Helen E. Leedy Trust (19287 North Shore Drive, parcel #70-03-19-226-032), Jack & Carol Smith Trust (19295 North Shore Drive, parcel #70-03-19-226-033), Thomas M. & Guadalupe M. Izzo (19343 North Shore Drive, parcel #70-03-19-226-035), Geraldine R. Hoag Trust (19363 North Shore Drive, parcel #70-03-19-226-030), Jason T. & Jennifer K. Pett (19373 North Shore Drive, parcel #70-03-19-226-031), and Chamaine D. Bennish Trust (19383 North Shore Drive, parcel #70-03-19-226-009), Spring Lake, MI, 49456 for one (1) variance to the Grand Haven Zoning Ordinance related to the proposed installation of geo-tubes in the Beach Overlay District:

1. A variance from Section 40-423.03, shoreline protection measures. The requested variance is to allow for the installation of geo-tubes along the waterfront within the Beach Overlay District, where such arming of the shoreline is prohibited.

B. Case 20-07: A request by Dorothy Grissom for property located at 1202 South Ferry Street, Grand

Haven, MI 49417 (parcel #70-03-28-403-001) for one (1) variance to the Grand Haven Zoning Ordinance related to the proposed reconstruction of a nonconforming deck:

1. A variance from Section 40-306.05.B.2, Projections into required side and rear yards. The requested variance is to allow for the reconstruction of a deck in the southeast corner of the property that exceeds the maximum allowable seven (7) inches above grade. The proposed deck would be up to three (3) feet above grade.

4. Call to the Audience – Second Opportunity

At this time, members of the audience may address the Zoning Board of Appeals on any item, whether on the agenda or not. Those addressing the Zoning Board of Appeals are asked to provide their name and address and will be limited to three minutes of speaking time. The Zoning Board of Appeals will hear all comments for future consideration but will not have a response at this time. Either type in your comment on Facebook or call (616) 843-7528. If you get a busy signal or the phone is not answered, please wait, watch and call back. We will take all callers tonight.

5. Adjournment

STAFF REPORT

TO: Zoning Board of Appeals

FROM: Jennifer Howland, Community Development Manager

MEETING DATE: July 7, 2020

CASE: 20-06

ADDRESS: 19239, 19287, 19295, 19343, 19363, 19373, and 19383 North Shore Drive

1.0 Proposal Bernie & Laurie Kamps (19239 North Shore Drive, parcel #70-03-19-226-001), Helen E. Leedy Trust (19287 North Shore Drive, parcel #70-03-19-226-032), Jack & Carol Smith Trust (19295 North Shore Drive, parcel #70-03-19-226-033), Thomas M. & Guadalupe M. Izzo (19343 North Shore Drive, parcel #70-03-19-226-035), Geraldine R. Hoag Trust (19363 North Shore Drive, parcel #70-03-19-226-030), Jason T. & Jennifer K. Pett (19373 North Shore Drive, parcel #70-03-19-226-031), and Chamaine D. Bennish Trust (19383 North Shore Drive, parcel #70-03-19-226-009), Spring Lake, MI, 49456 have submitted a request for one (1) variance to the Grand Haven Zoning Ordinance related to the proposed installation of geo-tubes in the Beach Overlay District:


It should be noted that Geraldine R Hoag Trust has not signed the application yet (19363 North Shore Drive). The Beach Overlay District (Section 40-423) was adopted in 2018 as part of an overall update of the City’s Sensitive Areas Overlay District and following the adoption of the City of Grand Haven Master Plan, which included a special focus on resiliency and shoreline dynamics. A copy of the ordinance is included as an attachment to this staff report. The ordinance includes a detailed Intent Statement. The applicant did not provide drawings of each property with their application, although staff requested more details. Enclosed with this report are simple drawings that the applicants submitted to EGLE (State of Michigan). Staff’s understanding is that these drawings are no longer accurate because additional erosion has occurred. It is also unclear how far into the Beach Overlay District each set of Geotubes would be located.

G:\PLANNING\Zoning Board of Appeals\Agenda_Staff Reviews\2020\Case 20-06 North Shore sandbags\ZBA staff report North Shore Sandbags 7-7-20.docx

2.0 Zoning of Subject Parcels The property is located in the NS – North Shore Zoning District.

3.0 General Location 19239, 19287, 19295, 19343, 19363, 19373, and 19383 North Shore Drive on the west side of North Shore

Drive, with frontage on Lake Michigan. 4.0 Existing Land Use on the Parcels

All parcels have single-family dwellings on the property 5.0 Adjacent Area Land Uses

North: residential South: residential East: residential West: Lake Michigan

6.0 Zoning on Adjacent Parcels North: NS South: NS East: NS West: Lake Michigan

7.0 Findings of Fact The applicant has provided responses to the Basic Conditions for the requested variance. Their responses are provided as an attachment to this report.

1. Basic Conditions: The Board shall find that a variance request meets all of the following conditions. a. The requested variance shall not be contrary to the public interest or to the intent and purpose of

the Ordinance. b. The requested variance shall not permit the establishment within a district of any use which is not

permitted by right within that zone district, or any use or dimensional variance for which a special land use permit is required.

c. The requested variance shall not cause a substantial adverse effect upon properties in the immediate vicinity or in the district in which the property of the applicant is located.

d. The conditions or situation of the property or its intended use is not so general or recurrent in nature as to make reasonably practicable a general regulation for the condition or situation.

e. Any exceptional or extraordinary circumstances applying to the property in question are not self-created.

f. There is no reasonable alternative location on the parcel for the proposed improvements for which a variance is sought where such alternative location would eliminate the need for the requested variance or reduce the extent of the condition(s) necessitating the variance.

g. The requested variance is the minimum variance that will make possible the reasonable use of the improvement.

8.0 Staff Analysis Basic Condition (a). Section 40-423.01 of the Zoning Ordinance explains the intent of the Beach Overlay District. Essentially, the intent is to prevent arming of the shoreline within the Beach Overlay District because arming can cause additional erosion on adjacent properties, affect public access to the shoreline, and affect the character of the public trust shoreline. Will these Geotubes prevent the public from walking along the beach? Will they cause more erosion on unarmed properties? Basic Condition (b). The granting of this variance will not establish a use which is not permitted. The existing uses (single-family dwellings) are permitted by right. Basic Condition (c). The proposed Geotubes may cause an adverse effect on adjacent properties by transferring the erosion energy to unarmed properties. The narrative states that they will increase erosion for properties 200


feet away; that includes 3 parcels to the north of 19239, 4 parcels in between the subject properties, and 2 parcels to the south of 19383. Three of those parcels have submitted letters of consent. Basic Condition (d). The homes on the subject parcels appear to be far enough away from the current erosion line to not be immediately threatened, although some properties have boardwalks and decks in the area affected by erosion. Any improvements located in the BOD that may be threatened by erosion appear to be ground level decks, some with railings. It should be noted that current zoning regulations limit improvements in the waterfront yard to walkways and platforms 7 inches above grade or less. If erosion continues, the property owners would be permitted to arm the shoreline east of the BOD line. Basic Condition (e). There are no self-created exceptional or extraordinary circumstances applying to the property. The erosion is a result of high Lake Michigan water levels. Basic Condition (f). Geotubes and other arming mechanisms would be permitted east (landward) of the BOD line without a variance. It is unknown whether or when erosion would go that far landward. If one of the parcels were to arm their shoreline, the erosion may speed up on the adjacent properties. It is unclear whether moving the Geotubes east of the BOD and burying them into the ground would be effective or appropriate. Basic Condition (g). The requested variance is an effort to prevent erosion of the homeowners’ waterfront property. The principal use of the property (single-family homes) is not currently impaired by the erosion of the slope, although some walkways and decks may be threatened. 9.0 Correspondence As of the date of this staff report, we have received no correspondence. However, the applicant provided three letters of consent from Joseph G. Sage of 19251 North Shore Drive, Julanne Jackson of 19265 North Shore Drive, and Alan & Linda Doering of 19407 North Shore Drive. 10.0 Sample Motions Below are some possible conditions if the Zoning Board of Appeals is inclined to approve the request:

1. This is an extraordinary period of high water. The Geotubes will be allowed for a very temporary period. They must be dismantled immediately when lake levels go down. 2. This is not the first step towards permanent armament of the shoreline. 3. The neighbors’ consent doesn’t provide a waiver from potential litigation in the future.

Motion to APPROVE ZBA Case 20-06, a request by Bernie & Laurie Kamps (19239 North Shore Drive, parcel #70-03-19-226-001), Helen E. Leedy Trust (19287 North Shore Drive, parcel #70-03-19-226-032), Jack & Carol Smith Trust (19295 North Shore Drive, parcel #70-03-19-226-033), Thomas M. & Guadalupe M. Izzo (19343 North Shore Drive, parcel #70-03-19-226-035), Geraldine R. Hoag Trust (19363 North Shore Drive, parcel #70-03-19-226-030), Jason T. & Jennifer K. Pett (19373 North Shore Drive, parcel #70-03-19-226-031), and Chamaine D. Bennish Trust (19383 North Shore Drive, parcel #70-03-19-226-009), Spring Lake, MI, 49456 for one (1) variance to the Grand Haven Zoning Ordinance related to the proposed installation of geo-tubes in the Beach Overlay District:


The variances are granted based on the following finding(s) of fact:

1. Insert ZBA finding(s) of fact. Motion to DENY ZBA Case 20-06, a request by Bernie & Laurie Kamps (19239 North Shore Drive, parcel #70-03-19-226-001), Helen E. Leedy Trust (19287 North Shore Drive, parcel #70-03-19-226-032), Jack & Carol Smith Trust (19295 North Shore Drive, parcel #70-03-19-226-033), Thomas M. & Guadalupe M. Izzo (19343 North Shore Drive, parcel #70-03-19-226-035), Geraldine R. Hoag Trust (19363 North Shore Drive, parcel #70-03-19-226-030), Jason T. & Jennifer K. Pett (19373 North Shore Drive, parcel #70-03-19-226-031), and Chamaine D. Bennish Trust (19383 North Shore Drive, parcel #70-03-19-226-009), Spring Lake, MI, 49456 for one (1) variance to the Grand Haven Zoning Ordinance related to the proposed installation of geo-tubes in the Beach Overlay District:



The denial is based on the following finding(s) of fact:

1. Insert ZBA finding(s) of fact. Motion to POSTPONE ZBA Case 20-06, until the following information can be submitted for review:

1. Insert ZBA condition(s).

County: OttawaMunicipality: City of Grand Haven (Kamps, Sage)Municipality: Ferrysburg (Nowakowski, Bennett)Property ID: Nowakowski: Lot 193 Bennett: Lot 194 & 195, Grand Haven Beach Subdivision No. 2, as recorded in Liber 8 of Plats, Page 50, Ottawa County Records, Section 18, Town 8 North, Range 16 West, City of Ferrysburg, Ottawa County, Michigan Kamps: Lot(s) 9, North Shore Subdivision No. 1, according to the recorded plat thereof, as recorded in Liber 10 of Plats, Page 7. Sage: Lot 8, North Shore Subdivision No. 1 to the said City of Grand Haven, according to the recorded plat in Liber 10 of Plats, Page 7Address Nowakowski: 19211 North Shore Dr, Spring Lake MI 49456Address Bennett: 19225 North Shore Dr, Spring Lake MI 49456Address Kamps: 19239 North Shore Dr, Spring Lake MI 49456Address Sage: 19251 North Shore Dr, Spring Lake MI 49456Sketch By: Jordan Dykstra

County: OttawaMunicipality: City of Grand Haven (Kamps, Sage)Municipality: Ferrysburg (Nowakowski, Bennett)Property ID: Nowakowski: Lot 193 Bennett: Lot 194 & 195, Grand Haven Beach Subdivision No. 2, as recorded in Liber 8 of Plats, Page 50, Ottawa County Records, Section 18, Town 8 North, Range 16 West, City of Ferrysburg, Ottawa County, Michigan Kamps: Lot(s) 9, North Shore Subdivision No. 1, according to the recorded plat thereof, as recorded in Liber 10 of Plats, Page 7. Sage: Lot 8, North Shore Subdivision No. 1 to the said City of Grand Haven, according to the recorded plat in Liber 10 of Plats, Page 7Address Nowakowski: 19211 North Shore Dr, Spring Lake MI 49456Address Bennett: 19225 North Shore Dr, Spring Lake MI 49456Address Kamps: 19239 North Shore Dr, Spring Lake MI 49456Address Sage: 19251 North Shore Dr, Spring Lake MI 49456Sketch By: Jordan Dykstra

County: OttawaMunicipality: Grand Haven

Address Smith: 19295 North Shore Drive, Spring Lake, MI 49456Property ID Smith: All that part of South one-half of Lot 6, North Shore Subdivision No. 1 of part of Government Lot No 1 (as recorded in liber 10 of Plats, Page 7, Ottawa County Records) Section 19, Town 8 North, Range 16 West, Ottawa County, MI…Lengthy Legal Description - See attached survey for Parcel B for remainder

Address Leedy: 19287 North Shore Drive, Spring Lake, MI 49456Property ID Leedy: Lengthy Legal Description - See attached survey for Parcel A

Sketch By: Jordan Dykstra EGLE-WRDWRP022680 v1.0

ApprovedIssued On:05/19/2020

Expires On:05/19/2025

County: OttawaMunicipality: Grand Haven

Address Smith: 19295 North Shore Drive, Spring Lake, MI 49456Property ID Smith: All that part of South one-half of Lot 6, North Shore Subdivision No. 1 of part of Government Lot No 1 (as recorded in liber 10 of Plats, Page 7, Ottawa County Records) Section 19, Town 8 North, Range 16 West, Ottawa County, MI…Lengthy Legal Description - See attached survey for Parcel B for remainder

Address Leedy: 19287 North Shore Drive, Spring Lake, MI 49456Property ID Leedy: Lengthy Legal Description - See attached survey for Parcel A




County: OttawaMunicipality: Grand HavenAddress Izzo: 19343 North Shore Drive Spring Lake MI 49456Address Rostan: 19363 North Shore Drive Spring Lake MI 49456Address Pett: 19373 North Shore Drive Spring Lake MI 49456Address Bennish: 19383 North Shore Drive Spring Lake MI 49456Property ID Izzo: 70-03-19-226-006 and 70-03-19-226-007Property ID Rostan: 70-03-19-226-030Propery ID Pett: Land Situated in the State of Michigan, County of Ottawa, City of Grand Haven. The South 75 feet of Lot 2 in North Shore Subdivision No. 1, according to the plat thereof recorded in Liber 10 of plats, Page 7, Ottawa County Records. Property ID Bennish: Part of the 00 1/4, Section 19, T8N, R16W, Spring Lake Township, Ottawa County, Michigan




County: OttawaMunicipality: Grand HavenAddress Izzo: 19343 North Shore Drive Spring Lake MI 49456Address Rostan: 19363 North Shore Drive Spring Lake MI 49456Address Pett: 19373 North Shore Drive Spring Lake MI 49456Address Bennish: 19383 North Shore Drive Spring Lake MI 49456Property ID Izzo: 70-03-19-226-006 and 70-03-19-226-007Property ID Rostan: 70-03-19-226-030Propery ID Pett: Land Situated in the State of Michigan, County of Ottawa, City of Grand Haven. The South 75 feet of Lot 2 in North Shore Subdivision No. 1, according to the plat thereof recorded in Liber 10 of plats, Page 7, Ottawa County Records. Property ID Bennish: Part of the 00 1/4, Section 19, T8N, R16W, Spring Lake Township, Ottawa County, Michigan

Sketch By: Jordan Dykstra

EGLE-WRDWRP022685 v1.0



STAFF REPORT

TO: Zoning Board of Appeals

FROM: Jennifer Howland, Community Development Manager

MEETING DATE: July 7, 2020

CASE: 20-07

ADDRESS: 1202 South Ferry Street

1.0 Proposal Dorothy Grissom has submitted a request for property located at 1202 South Ferry Street, Grand Haven, MI 49417 (parcel #70-03-28-403-001) for one (1) variance to the Grand Haven Zoning Ordinance related to the proposed reconstruction of a nonconforming deck:


The deck itself will not be different from what has been in place for many years. Granting of this variance will allow Ms. Grissom to reconstruct the deck as-is. The property is artificially elevated with a series of retaining walls, which have also been in place for many years. A privacy fence surrounds the property on three sides, screening the backyard from view. 2.0 Zoning of Subject Parcel

The property is located in the SFR – Single-Family Residential Zoning District. 3.0 General Location

1202 South Ferry Street, at the southeast corner of Ferry Street and Ottawa Avenue. 4.0 Existing Land Use on the Parcel

Single-Family Dwelling 5.0 Adjacent Area Land Uses

North: residential South: residential East: residential West: residential

6.0 Zoning on Adjacent Parcels North: SFR South: SFR East: SFR West: SFR

7.0 Findings of Fact The applicant has provided responses to the Basic Conditions for the requested variance. Their responses are provided as an attachment to this report.

1. Basic Conditions: The Board shall find that a variance request meets all of the following conditions. a. The requested variance shall not be contrary to the public interest or to the intent and purpose of

the Ordinance.

G:\PLANNING\Zoning Board of Appeals\Agenda_Staff Reviews\2020\Case 20-07 1202 S Ferry St\ZBA staff report 1202 S Ferry 7-7-20.docx

b. The requested variance shall not permit the establishment within a district of any use which is not permitted by right within that zone district, or any use or dimensional variance for which a special land use permit is required.

c. The requested variance shall not cause a substantial adverse effect upon properties in the immediate vicinity or in the district in which the property of the applicant is located.

d. The conditions or situation of the property or its intended use is not so general or recurrent in nature as to make reasonably practicable a general regulation for the condition or situation.

e. Any exceptional or extraordinary circumstances applying to the property in question are not self-created.

f. There is no reasonable alternative location on the parcel for the proposed improvements for which a variance is sought where such alternative location would eliminate the need for the requested variance or reduce the extent of the condition(s) necessitating the variance.

g. The requested variance is the minimum variance that will make possible the reasonable use of the improvement.

8.0 Staff Analysis Basic Condition (a). The intent of the ordinance is to provide a reasonable setback from property lines for elevated decks. The deck itself, which is existing and needs to be replaced, appears to be at grade due to the elevated nature of the property and the retaining walls. The granting of the variance would not change the existing conditions. Basic Condition (b). The granting of this variance will not establish a use which is not permitted. The existing use as a single-family dwelling, a conforming use, will not change as a result of the granting of this variance. Basic Condition (c). The requested variance does not appear to cause a substantial adverse effect on neighboring properties. There will be no change from existing conditions and the deck is concealed by a fence. Basic Condition (d). The property sits higher than neighboring properties and has retaining walls on the south and east property lines. The deck is existing, and it surrounds a pool that cannot be reasonably relocated. Basic Condition (e). There are no self-created exceptional or extraordinary circumstances applying to the property. The request is to rebuild an existing nonconforming deck that was constructed decades ago. Basic Condition (f). In order to avoid needing a variance, the deck would have to be shifted 25 feet north and 8 feet west, which would change the intended use of the deck and would eliminate its current location. The existing hardscape and pool prevent the relocation of the deck. Basic Condition (g). Because this is a request to reconstruct an existing nonconforming deck, staff believes this is the minimum variance that will make possible the reasonable use of the improvement. 9.0 Correspondence As of the date of this staff report, we have received no correspondence. 10.0 Sample Motions Motion to APPROVE ZBA Case 20-07, a request by Dorothy Grissom for property located at 1202 South Ferry Street, Grand Haven, MI 49417 (parcel #70-03-28-403-001) for one (1) variance to the Grand Haven Zoning Ordinance related to the proposed reconstruction of a nonconforming deck:


The variances are granted based on the following finding(s) of fact:

1. Insert ZBA finding(s) of fact. Motion to DENY ZBA Case 20-07, a request by Dorothy Grissom for property located at 1202 South Ferry Street, Grand Haven, MI 49417 (parcel #70-03-28-403-001) for one (1) variance to the Grand Haven Zoning Ordinance related to the proposed reconstruction of a nonconforming deck:

1. A variance from Section 40-306.05.B.2, Projections into required side and rear yards. The requested

G:\PLANNING\Zoning Board of Appeals\Agenda_Staff Reviews\2020\Case 20-07 1202 S Ferry St\ZBA staff report 1202 S Ferry 7-7-20.docx

variance is to allow for the reconstruction of a deck in the southeast corner of the property that exceeds the maximum allowable seven (7) inches above grade. The proposed deck would be up to three (3) feet above grade.

The denial is based on the following finding(s) of fact:

1. Insert ZBA finding(s) of fact. Motion to POSTPONE ZBA Case 20-07, until the following information can be submitted for review:

1. Insert ZBA condition(s).

Documents

CITY OF GRAND HAVEN GRAND HAVEN, MICHIGAN ......The Beach Overlay District (Section 40-423) was adopted in 2018 as part of an overall update of the City’s Sensitive Areas Overlay