this is the time in the place for the meeting of the board of appeals for the city of col and we are here to consider applications for variances and or special exceptions this board must try to interpret each efficacious as it relates to the ordinance this board is not empowered to rezone nor take any action that could be considered rezoning applications need to meet a number of crucial tests in order to be granted those of you who are here and of already answered those questions in your application we're going to go through again tonight there is a procedure guide available we asked that you come to the microphone to speak in that we need to so you state your name and your address we typically hear the applicant first then anyone supporting the application followed by any one in opposition to it after that point will deliberate you're welcome to stay for the deliberations but there is no opportunity for further public comment after we close t hearing if you elect not to stay you may call city hall after eight thirty tomorrow morning to find out what we decide night so with that one housekeeping no we do only have four members on the board tonight so in order to approve either the applications the vote would need to be unanimous so at this point when we're in that situation i typically give the applicant the option to delay u ntil a future meeting in the hope that we might have more people to consider the application so you're welcome to keep that in mind anybody want to delay you both want to go forward going forward are ok so for twenty four grass cut road seventeen point thirty one getting i'm brian by a scrap president of cottage home our address is one eighty four south river avenue suite tool for just down the street here company name is cottage home and we are the owners represent they finished the basement and have one bedroom down in the lower level walk out and there's no owners we are in a bedroom on the main floor of the law and the owner is  some knee and back issues and also is becoming quite aged and cannot well be able to do up the stairs very much longer so they really do desire to have an owner suite on the main floor the site is a shallow site it's it's nearly one hundred feet deep with fifty five feet of combined set backs between the road in the rear yard the site was originally the house was placed on the site prior to i believe water and sewer in the area so to the south of the home away from the water because of course the allegan county health department and the private ordinances require distance away from the water so the drain field and septic tank are south of the driveway and garage and that this site slopes down towards the water and there is some flood plain that his extending into the property south of the seawall of course north is the lake right now the required zoning for front yard setback and the street is thirty feet the house is actually twenty eight point three or something like that away right now twenty eight point one feet is the setback from the right of way to the existing front corner  fourteen peat from the sat back and then there are two corner houses on south shore and gaap both to the east and west of cross cut both of those neighbor's homes are pretty much right on the right of way i don't believe there's much distance between the right away and each house the i don't know if you guys would you like me to discourage through the answers and the questions are yeah that's the questions we need to work through here in the things that we need to find is you know we need to understand what's unique about the property in the physical conditions of the property  that that are driving this need so that that's going to be number one right so as i stated that the shallowness of the site the sloping grade the drain field and septic being away from the water and the floodplain coming into the property line there's also they did a remodel about ten years ago where they added a bit of living space closer to the water and they encountered some unstable soils they had to do quite of extensive foundation work and they  would would prefer not to go you know and because of the unsuitable soils that they encountered on that what would be their north west corner they really prefer not to go in front of the house closer to the water they'd prefer to go to the side of the house presuming that there would be better soils over on that side as well the pattern in the neighborhood as i started to speak to is that the th ree neighbors on that end of grosse copper are pretty much closer to the property as i understand than in near ordinance that section thirty thirty nine point ten may not apply here because there's not a house on either side but there is a mirroring you know if you look at just across the street there's kind of a pattern there where the houses on the corner are both on the right of way the neighbor across the street is  fourteen feet you know the challenge we run into there is the house you're representing here we're talking about a front yard and the corners are corners or side yard side yards yeah the neighbors across the street were to place the owner's suite say to the south the two issues there is it's the house is not wouldn't be contiguous to the bedroom because the garage is in between that space but also the drain field and reserve the addition that's planned is a single storey addition starting at the main level the roof line would be much lower than the two storey house that's there now we feel that it won't limit from the drain fields to the residence you know you you have to maintain a twenty five foot setback between drain field and living space as drains on it so if we move the garage forward and put say the owners yeah yeah you know and i understood yeah i understand yeah but i we explored you know if we did slide the garage forward and if we did put the owner s you know i don't believe we could because we'd be within the setback required by during field but we also have a rear yard sat back then because right now i believe our set up we're like  what's the rear yard in a serious at twenty five feet and i think we're at seventeen feet right now yeah so if we put the addition twenty five feet from the backyard then i believe the garage would be too close was sorry i don't i don't have the information of what the square footage of the main floor it's not a very big house but i guess that's a relative term nowadays any other questions from the board ok thank you anyone else to speak in favor the application anyone in opposition saying nobody will close the public hearing any discussion amongst the board to make a motion to deny the application a second that ok so we've got a motion by but art in a second by finance were can i get some findings affect please you know i really just feel that the that it is a self created if there are other items where you think they fail to to satisfy it it would be helpful for the findings of fact include ok others as well but one would be sufficient if that's all there is so yeah i don't i don't think it's  that's all i got around those two  ariens to construction in addition to the house at twelve forty two south shore drive the addition would be along in within the existing house side yard setback which is fourteen point eight feet from the street r of way the required side yard setback along the street is twenty feet twenty feet thirty nine dash four o five c in thirty nine dish two to port ok do we have someone to talk to this one builder and i am representing dan and susan mourner there what they would like to do is it's well first off i don't quite understand how the house was let to be position where it is ok ok it's an older cottage far so whether it was a one lane road gone through there at the g go or what i have no idea but anyway they have a what i'm going to guess was an old front porch that at one point was made part of the house ok so we want to just come off of that we're not going out any farther and they'd like it's not even a buy a screened in porch and then what beck would just wrap around the house going to the back door ok so so where we're seeing this dotted line here on the view screen you're just looking to square off that corner essentially yeah they're big but a three foot wide walkway that would go to the back door  know actually know that if you think that line and go back to the house that's dechen and that they're the lower part if they've got like a wood patio i'll say ok and that actually is going to come out and just get cement i was trying to make sure that if we do some type of you know if we find everything that fits in and it doesn't along with then that we're not agreeing to use something that's not shown maybe do that may have eldorado new york and it's ok that now would be a dac and then the one part coming off the front would be partially covered to create a screened in porch just to be screened in porch  not all the way it's only about eight by eight and i think it's about twelve feet out to that corner a flea so you're not going any closer to bay no with a deck no or anything like that but no i'm not screened in porch i could do the deck they said fine right but because we're putting the roof over for screened in part we need to do this one interpret the dotted line ok so so we're under agreement here then that you're not going any closer to bay you know and that all of your you're building is between existing structure in the driveway yes you know just clearly that's also no that's fine ok fine so you're you're certain building here in a side yard you know there's the other thing that was confusing to me they have a so sure address but right  so house is considered mbaye no no the the when you're in a corner house on a corner lot we look at the two lot dimensions in which everyone is smaller is your front yard ok and so since you've got three more feet on bay bay is your side ok so there and then that's what if that's what would allow us to do this otherwise you'd be in here for a completely different set of rules which is what the  last applicant was here for the boys never assume which is the front because now come in and talk because it's always different in fact we get educated a lot of times what is ok and what is side you know all right this type of thing typical in this neighborhood you know not creating something that's unique within the neighborhood by extending your house a little bit or that i don't i don't think so i'm actually the house is not going to look a whole lot different than what it is i mean yeah the way the roof lines are stacked up right now are going to really kind of stay the same just that one will be a little bit larger but you know i don't  i don't think if you didn't know it you would never know what a difference of any impact joining properties you kno questions from the board ok thank you all right anyone else to speak in favor of the application anybody speak in opposition in favor say aye aye anybody opposed are great our next meeting is january twenty fifth of next year so you're here all right so i'd be looking for a motion to a