Zoning Board of Appeals 3.9.2022

Detailed briefing

Zoning Board of Appeals — March 9, 2022 ATTENDEES: Kim Morris, Kristin McDonald, John Leo, Bob Toma, and Maddie Hines were recorded as present; the board stated it had a quorum. • The board approved the February 9 meeting minutes after a correction to a heading that incorrectly said “June 9th, 2020.” • The main hearing concerned Harbor Springs Retreat LLC’s appeal of the zoning administrator’s January denial of a proposed reconstruction/addition at 420 E. Main St. in the R-2 district. The dispute centered on whether the lower level should count as a basement or story, and whether the upper level should count as a story or an uninhabitable attic. • Applicant representatives argued that finished grade should be used for the basement calculation and said the upper area was open to the elements, intended for storage and deck access, and lacked plumbing. City staff argued that existing grade should govern the lower-level analysis and said more grading information was needed to evaluate drainage effects near the east property line. • The board voted 4-1 to recognize the appellant as an aggrieved party, allowing the appeal to proceed. • On the appeal itself, the board upheld the zoning administrator’s conclusion that the lower level is a story, finding that existing grade was the relevant measure. The board reversed the administrator’s conclusion on the upper level, finding it was an uninhabitable attic rather than habitable living space because it was open to the elements. • The board then unanimously approved a non-use variance allowing a three-story building where the R-2 district ordinarily allows two stories. Members cited the site’s topography, its Main Street/Bay Street configuration, and the proposed relocation of the apparent front building plane away from Main Street during their discussion. • The variance included conditions: the attic area cannot be enclosed or converted into habitable space, and no plumbing or heating may be added there. Final grading must also be reviewed under the city’s grading and surface-water rules to address runoff concerns. Worth watching: • The final grading plan must be reviewed for drainage and impacts on neighboring property. • The approved attic must remain non-habitable and open rather than being enclosed later. • The transcript reflects continuing disagreement over the appropriate grade calculation and whether revisions to grading materials were timely submitted. Upcoming: No future meeting date was stated in the transcript. Why it matters: The decision permits redevelopment of a prominent Main Street property while retaining conditions intended to limit building intensity and protect adjacent properties from drainage impacts.

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