City of Harbor Springs's Zoning Board of Appeals Sept. 13, 2023

Detailed briefing

City of Harbor Springs Zoning Board of Appeals — Sept. 13, 2023 ATTENDEES: Kim Morris, Michael Behrman, Sue Stewart, John Leo, and Kathy Muncho were recorded present; the board had a quorum. • The board approved the July 12 and July 26 meeting minutes as one motion, subject to correcting both minutes to reflect that Morris had not adjourned those meetings. Staff said it would make the correction. • The board considered a renewed non-use variance for a proposed residence at 420 E. Main St., known in the discussion as the Demmer property. Staff said the same proposal had previously been approved, but that approval expired before the applicants obtained the zoning paperwork needed to seek a building permit. • The proposal is for a three-story structure in the R-2 district, where two stories are ordinarily allowed. Staff said the building remains within the 35-foot maximum height when measured from the Main Street frontage, as required by the zoning code. From Bay Street, the structure would appear taller because of the site's slope and visible lower level. • In reviewing the findings, members cited the lot's steep grade from Main Street toward Bay Street, the difficulty of relocating the house, and the plan's removal of much of the existing structure's setback nonconformities. Members also said the plan would remove mass close to the sidewalk and improve safety for a neighboring driveway. • Public comments supported the variance. Staff also reported receiving supportive correspondence from Jerry and Shelley Carlin and from Gil and Susie Johnson. • The board approved the variance on a five-member roll-call vote, with all recorded votes in favor. The former grading-plan condition was considered met. The approval retains a condition that the upper area cannot be enclosed, plumbed, heated, or converted into habitable space. Worth watching: • Whether construction proceeds under the renewed variance after the prior approval expired. • Continued compliance with the condition keeping the upper attic area non-habitable. • Staff's proposed improvement to application information and meeting records to make variance time limits clearer. Upcoming: Staff said no meeting was expected next month unless the board receives another application. Why it matters: The decision allows redevelopment of a prominent sloped Main Street property while preserving limits on the upper level and addressing prior drainage and setback concerns.

No open public follow-ups are linked to this meeting yet.