HS ZBA meeting 8/12/2020

Detailed briefing

HS ZBA meeting — August 12, 2020 ATTENDEES: The roll call recorded Simon, Hines, McDonald, Leo and Lawrence present; the board stated it had a quorum. • The Zoning Board of Appeals approved its January meeting minutes, then opened a public hearing on LTC Investment Company LLC’s request for a variance at 316 East 3rd Street. The request was for a wooden deck in the Central Business District, proposed about 8.5 feet from the rear property line where the zoning administrator stated a 20-foot rear setback applies. • The applicant described a deck approximately 11 feet wide and 20 feet long, designed to remain within 30 inches of grade. The applicant said an elevated deck would allow water to pass through to the soil, unlike an at-grade hard-surface patio, and would provide direct access from the house for dining, grilling and older family members. • Drainage was a central issue. The applicant said a drainage plan had been reviewed and that railroad ties and other work were intended to retain water on the site. A church representative raised concern that drainage stone near the church parking lot could be affected when the city redoes that parking lot. The applicant said the stone on church property was temporary and could be moved if necessary. • Public input was generally supportive or non-oppositional. The board reported letters supporting the request from Jonathan DeWitt, the neighboring property owner to the south, and Bill Bugera. Susan Hitz, identified in the meeting as pastor of Harbor Springs United Methodist Church, said she did not oppose the deck as described. • During deliberations, members disagreed over whether the variance standards were met. Concerns included the deck’s further encroachment into setbacks, possible firefighter access behind the house, and whether a flush, at-grade patio or another location on the lot could serve as an alternative. Other members cited the small, older lot, drainage conditions and the ability to use the property. • A motion to approve the variance failed after a roll-call vote. Staff said the unsuccessful motion meant the board had not found sufficient practical difficulty to support approval of the variance. Worth watching: • Whether the applicant revises the outdoor-area plan to avoid a setback variance, such as an at-grade option. • Whether the drainage plan continues to prevent runoff from leaving the property. • How future city work on the church parking lot affects drainage stone near the shared area. Upcoming: No future ZBA date or further action on this request was announced. Why it matters: The decision leaves the proposed elevated deck unapproved and highlights the tension between drainage management and setback rules on small, older downtown lots.

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