this is the time and the place for the meaning the board of appeals of the city of holland we are here to respond to applications for construction zoning variances and or special exceptions housing and dangerous structures this board must try to interpret each application as it relates to city ordinances this part is not empowered to rezone or take any action that could be considered rezoning variances must meet four crucial tests in order to be granted those of you who are here for variance have already answered questions about the tests on your application will be asking you about those answers again tonight this is the procedure we follow we ask that you come to the microphone to speak and state your name and address we will hear the applicant first and anyone supporting the application then anyone in opposition to it typically we hold a public hearing on an application and then deliberate and decide on the application before moving on to the next step you are welcome to stay for the deliberate deliberations but there is no opportunity for further public comment if you not to stay for deliberation and decision you can call the city clerk's office after eight thirty tomorrow to learn the results and we'll hear the applications in the following order it will be  correct definitely planning on you know the building ok and and the reason you know is that this might be detrimental to the neighborhood you know no i'm good thank you and other questions going thank you pleasure but i would like to make a motion movie grant the exception motion by box to grant it support support by davis hines effect yes the applicant stated that they perceive the sea away from the historic district commission and i will make it a condition that that actually is brought to the city and that they will meet all other building codes which also will rely on staff to take care of that for us as well and we have not heard anything that would lead us to believe that it is detrimental to the neighborhood yes yes yes yes yes and we're in yes can you please read the next step cation i'll probably mess up this name to steve graf thread on behalf of gary owner of property i forty three like dr is requesting variances or special exemptions in connection with the construction of a new home the home as proposed will be twenty four five forty three like dr it's the application this is gary bice who is the owner was planning on building drive as you can see the reason we're wanting to slide it ahead we can fit it in at the thirty it's just the neighborhood houses are actually within seven feet of the lot line all the way north and south of us so we're trying to compensate a little bit of existing and what the setback that the city is asking for so that's why we went to twenty feet last night i was looking at it just to see once where it was and on both the houses north and south were bought halfway back in the house at twenty feet so we're set back quite a ways at twenty feet already so ok any questions from the board is there anyone here in opposition to the application if there's nobody else here to speak in support or opposition to close the public hearing any comments from the board i'm ready to make a motion support support and support by souter findings affect the according to staff it's i believe it's seventy one percent of the properties along that street on the same side of the street or are that close to the  structures very close to the street the property lines we've not heard any testimony that this would be detrimental to the neighborhood and it's my understanding it is not within ten feet of any other  for people to speak against this  recap we have a motion for approval we have support we have findings of fact when you said you have everything on any conditions good as is good as it's long as they meet the requirements that are here i'd like to call for could you please read the next cation that's in kelby are requesting variances or special exceptions in connection with the construction of a new home at one three three a shoe shown in walk  home is proposed to be ten feet from the rear property line where a set back of twenty five feet is required is there an applicant twofold there is a flood plain one hundred year flood plane that comes into the property in the setback area so we needed to push the house back another reason is if we put the garage to the side there  parking issues so this fits the sightlines quite well in the neighborhood both directions and we feel this is the best set up for this property thank you does anyone from the board have any questions when i when i look at the outline of what you're the building envelope is where you wouldn't need to come before us it's a big kind of a big rectangular area you're not using a significant portion of  that what was the reasoning behind doing the plan the way you're doing it versus one that wouldn't have to come before it's made i guess better question would be would it be possible for you to build within the envelope that is allowable without having to come before us would be extremely difficult i'd be cutting right and when we lay it out a few different ways i can get a master suite and a kitchen and half of a dining room and if we wanted to start a  garage the parking is just difficult with that flood your flood plane that sweeps end of the property there so we had to push it back significantly there just isn't a very good way to make it really fit into that small ok i guess what i'm looking at the envelope i'm seeing that you have to move looks like about your moved about three feet to the south of the floodplain but you've got a good and then i'm the ten feet that you're not using on the south and and i don't maybe fifteen feet that you're not using on the west side where that looks like there's going to be a deck there but still some space that's available looks like you've got a lot of buildable space that's still available there i'm i don't really know though i can't say that it's it wouldn't be possible but laying it out a few different ways you know i mean at the end of the day we looked at if we did the detached option then we could be closer  but you know i attach grudges they're always better looking for the neighborhood it's just when we take that garage box essentially of twenty four by twenty four and try and slide it into any other area you cut into that living space so much and essentially get two rooms on the main floor this would this this to us is just the best fitting and best looking for the neighborhood keeping sight lines in mind still having a lot of space between the property to the south  that that thirteen or twelve feet that it's off that south property line to the next the house there to the south is probably another thirty feet from there so there's still good space in that respect  ok so we bought this property about five years ago hoping that their kids would move back in colorado and they have three or three grandchildren who are moving closer but it's still a long process and this is this is still a possibility that they would move back so we're we're in volved financially in the thing i would like this like to see if at all possible that you could grant this exception i guess that's all i'm just really asking for ok thank you very much like is there anybody else here to speak in support of the application if not is there anybody here to speak in opposition to the application if there's nobody here to speak in support opposition i'm going to close the public hearing anybody have any thoughts on this particular occasion i still have an issue with number two with number three on our elements which is strict compliance of the regulations governing areas set back from its height bulk or density or other dimensional requirements unreasonably prevent them from using the property for a permitted purpose or that strict compliance will make conformity with those regulations and the certainly burdensome and i'm just having difficulty seeing where they couldn't use this property and build a reasonable single family residence within the envelope that's that's available to them even taking into consideration the floodplain is you're thinking skewed at all if the fact that fifty percent of the homes within three hundred feet are non conforming and that the design perhaps isn't unreasonable for the neighborhood i extend it it would except for the fact that the ordinance that were provided with says there needs to be sixty percent and that there's been a line drawn in the sand essentially by the ordinance in that regard that when it's sixty percent or more we then we have the ability to be able to make to provide that but it doesn't allow for us to do that with fifty percent and i'd rather not set a precedent that fifty percent really kind of throws it off and but for that lagoon it appears as though it would meet it although i can't say for certain because the stats don't that hasn't been submitted i don't know application yeah yeah could you please go through the the test that i'm looking at i do believe they've they have met the requirement under choice under under requirement number one i believe that the requested variance is due to the unique circumstances or conditions of the property believe it is a unique unique lot it's a unique relatively unique neighborhood i think i do think that the fact that there is the flood plain there does have a an effect on this sort of problem getting past number one i don't believe the need for a variance is self created frankly the law is what the law is and the flood plain was there and they didn't mean to do with the flood with the flood plain being there they said i've got an issue with number three district i believe that they they can build and meet build within the strict requirements of the code  that's not unreasonably burdensome i don't believe it's a i don't believe it's on recently person summit you know other members of the board may disagree in that regard and i i don't believe that the that the variance that's been requested is the minimum relief well it may be the minimum relief necessary if you get past number three and i don't believe that it would necessarily cause it would necessarily cause adverse impacts a neighborhood matter of fact i like the idea that they're trying to maintain sight lines i'd like the idea that they're trying to reduce density there but i'm not allowed to pick one over another we have to meet all of those tests in order to be able to grant the variance and i can't get past the one maybe other board members can stating that if only the garage will be ten feet from the line as shown in the proposal she does not object so the neighbor for which the variance would immediately impact this not object which which goes to element number five does not does not still help me with but again i'm i am one voice of six well just in driving and being familiar with the neighborhood i would be inclined to side with strict compliance being unreasonable in light of the unique nature of this particular area the lagoon the flood plain and unreasonable with regard to the uniqueness that is the overall area and location you know part of its charm has to do with maintaining the sightlines with keeping it in kind in character  and i think the unreasonable allow us that discretion does anybody have any other thoughts on this so the sight lines that we would be trying to protect with with this variance would be to push the house is far to the southeast corner of the property concrete twenty versus twenty seven feet yeah i do believe that there's unique circumstances surrounding the property specifically the lagoon and the flood plain create unique geographical  elements that would create unique circumstances it's not self created because of the flood plain in the lay of the land i do believe that strict compliance regulating the area would be unreasonably burned some on the property owner given the unique lay of the land given the floodplain given the the kind of character the neighborhood i believe this is the minimum relief necessary to do substantial justice and i don't believe will cause adverse variance be in line with the application as submitted just just for clarification purpose you're saying there you're not approving a variance to have the to extend property line all the way across the the property but only to the extent of the with the garage as shown in the application that's cracked twenty four foot wide garage that's correct you have everything you need to please read the with this portion of the meaning we're going to move on to the dangerous structures can you please read mr chairman before we move on to  should we make any sort of recommendation in light of these last two applications to the planning commission to revisit the zoning regulations and in this neighborhood to  those discussions perhaps may be underway or at least for contemplated you know they will come from you will start the conversation we need a motion it would be best if you made a motion and i would write a resolution for you sign at your next meeting and i know last time we didn't have to go that far they picked that up and ran with it that would be the best what if i asked you to write a resolution and then we voted on that resolution and then we can vote on it at the next meeting and let's do that i'd like to have something specific to vote on what we're looking at a recommendation of the planning commission to either result re look at look at the zoning for this particular district or to create a new zoning district that that deals specifically with resort properties and this this kind of that's yeah that's a populated historic areas hearing officer file the report of the findings and a copy of the order with the board of appeals not more than five days after the date for compliance that an order and requests that necessary action be taken to enforce the order  with the owners of the property like come forward and find opportunity to show cause and why the order should not be enforced my name's timothy vanderveen fifty nine hundred twenty first street i'm here to talk on repair my porch roof which was damage i have done so we are in the process of hiring a contractor finished many part of the row off but as you know this type of weather is not very good for doing a rough job with all the rain and then we are in the currently finishing any painting the house which i do not understand what they are still grumbling about what about the garbage that was all picked up and remove a loss by neighbors in the neighborhood have added more to it but i was given free passes to the city to the garbage place and picked up all the porches and except for what is currently still construction material for my ongoing project which is just brand new shingles  used to get up to the rough and truck show drier i think biz lady had been dealing with she acknowledged bad and said that was just fine to have the construction material still sitting on my back patio which is out of sight from the street it  s an eyesore so all as i said i am not understanding what you know because when i talk with trish oh she's just like all caged that's not a problem you're still working on it i understand and then i was i get letters saying am that i missed a hearing which i never knew about you know and nobody it's like one hand doesn't know what the other hands doing because the last time i was in from the the board they didn't even know i had permits to do the remodelling in the halls so i'm just trying to figure out what's going on myself so from from what i'm hearing you saying it's not you're saying that you've done some of the work but you haven't completed all of the things because the roof not completed yet right ok you know i've been doing it myself but in the past couple years i've had to quit my full time job and i'm a full time caregiver to a handicapped ok and any reason to believe that you wouldn't be able to complete that roof within sixty days right know i am actually looking for a contractor that's willing to take on such a small job because it's only about a five square tear off and lay up and find a roughing contractor do pull guys off and do a job that small a lot of them just look at me it's like it isn't worth our time well this the date of the original letter the issue was april twenty fifth well it began in january twenty three two thousand and thirteen it was it resurfaced april twenty five two thousand and thirteen how much in question because this came before the board last month that wasn't remarkably noticed in so therefore listening to it again but the board members visited that property and it wasn't disrepair it wasn't only the roof there was garbage there so the story that you're telling is not exactly lining up with what we reviewed what we saw on what we're seeing in this letter and that is what i'm asking what has not been fully accomplished because the yard has been picked up the garbage has been removed the porch roof has been repaired and is what i'm asking i do not understand what i'm still falling behind on the house is being painted if we hold this cindy does he have sixty days to implement any changes correct after sixty days we would put any on finished work out for bits to get completed ok so what i'm hearing is you only have the roos left based on your own statement less than five square and you've got two months in the middle of summer to get that done ok and anybody else i just like to clarify mystery intervene when it comes to what needs to be done trisha driers going to be the one you're going to have to deal with this board here is just looking at whether or not the decision that was m correct so you know when it comes to what needs to be done i would contact her saying i've been i've been seeing and contact with pressure and that's why this was kind of like surprise shock because it's not like her you know we've been doing our best to communicate to live each other know what's going on and i think that the reason why you're here today is to is to make sure that this process keeps moving forward and that the the work is that the work is done in a timely manner because if it doesn't come before us then that final sixty day timeline doesn't start until i think this is the way to make sure that things keep moving along the way that they're supposed to and as fully understand it and we're not saying that you done some of the work that you have been trying to get the work done but there's a time line that the city needs to work under that's really why you're here today i think your being here brought here today to be taken to task i think this is just a step along the process gets completed