Loading...
HomeMy WebLinkAboutBoard of Zoning 1993 Minutes Approved 01/13/94 01 -2 0-9 4 P 0 2 : 51 RCVF To Clerk 01/20/94 MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS December 9, 1993, 7:30 P.M. CITY HALL COUNCIL CHAMBERS 10TH FLOOR I. The meeting was called to order by Chair N. Carlson at 7:31 p.m. Roll call was taken. A. Present J. Sheldon H.P. Curran N. Carlson G. Hilts H. LeBlanc M. Clark B. Absent Dr. Spink (excused absence) Rev. Bicy C. A quorum of Six members was present, allowing voting action to be taken at the meeting. D. Introduction of Staff J. Ruff, Zoning Administrator II. Approval of Agenda A. Chairperson Carlson requested any deletions or additions to the agenda. Finding none, the agenda was approved as printed. III. Hearings A. B ZA-3284.93, 1425 McIntyre Court A petition by Theodore and Betty Kost to retain a garage/carport structure 2.3' from the north side lot line on their property at 1425 McIntyre Court. The structure is required to be located approximately 4' from the side lot line according to Section 1250.08 of the Zoning Code. A variance of 1.7' is requested. A presentation was made by J. Ruff. A petition supporting the variance was included in the staff report. A communication was read into the record from Mr. and Mrs. Kost, explaining their position on the carport/garage. A communication was read into the record from Neil Simon. Priscilla Holmes, CDC Chair, spoke of the history of McIntyre Court, and asked that the Board support the variance request. BOARD OF ZONING APPEALS MINUTES December 9 1993 - 2 David Kost, Son of Mr. and Mrs. Kost, builder of the carport/garage, explained his position and beliefs concerning placement of the structure. Kenneth Noval, 1419 Reo Ave. , spoke in support of the carport/garage. Winnie Jackson, 1426 Reo Avenue, spoke in support of the carport/garage. Gladys Gilson, 223 W. Barnes Avenue, spoke in support of the variance. Walter Rhodes, 1427 McIntyre Ct. , read into record a paraphrased version of a detailed report he has submitted into the record, giving the history of the carport/garage from his point of view. Mr. Rhodes also showed pictures of the view from his house to support his position. He requests that the variance be denied. David Kost spoke again, reiterating the rational behind the design of the carport/garage, as it relates to Mr. Rhodes view. Ken Noval spoke again, supporting Mr. Kost's statement. Walter Rhodes spoke again, bringing up the safety issue. Mike Kost, son of Mr. and Mrs. Kost, spoke about the fence which surrounds the property. Walter Rhodes spoke again, about the garage being all that is seen. Gladys Gilson, spoke, telling how the neighborhood has been cleaned up. The Board dissolved into Committee of the Whole, to discuss this issue. M. Clark made a motion to approve this petition as recommended by staff, on the basis that it will not adversely impact the neighborhood, the circulation, or the environment, and will not establish a precedent; with the understanding that the fence be reviewed for code compliance, and the attachment of the carport/garage also be reviewed by the Building Department to ensure that it does meet code. Motion seconded by G. Hilts. VOTE yea nay yea nay Carlson X LeBlanc X Clark X Sheldon X Curran X Hilts X *Motion to approve B ZA-3284.93 passed by a vote of 6 to 0. BOARD OF ZONING APPEALS MINUTES December 9, 1993 - 3 B. BZA-3285.93, S.E. Corner of E. Michigan and Pennsylvania A petition by John Peckham of Martin Properties to construct a 13,900 sq. ft. commercial building on the vacant property in the 1000 block of E. Michigan Avenue, approximately one foot from the rear lot line. Section 1268.08 of the Zoning Ordinance requires a minimum rear yard setback of 251. A variance of 24' is requested. A Presentation was made by J. Ruff. John Peckham, Martin Properties, introduced Morris Stein, of Stein, Hinkle, Dawe, Wood, and Johnson, and Rev. Roger Pohl, Church Pastor. He affirmed Mr. Ruffs comments. Roger Pohl, Church Pastor, spoke in support of the variance. He also mentioned their need for landscaping and lighting. He feels that this development would be beneficial to both the church and Martin Properties. A letter was received stating the churches position and placed on file. Harold Leeman, N. Francis, inquired whether the building was to be a one story building. Board dissolved into Committee of the Whole, where considerable discussion ensued. M. Clark moved to approve the 24' variance of Section 1268.08 as shown on the plan, based on the fact that this is a reasonable use of the property which will cause no adverse effect on adjacent properties. Seconded by H. P. Curran. VOTE: yea nay yea nay Carlson X LeBlanc X Clark X Sheldon X Curran X Hilts X *Motion to approve BZA-3285.93 passed by a vote of 6 to 0. C. BZA-3286.93 3230 E. Saginaw St. A request by Ballentine Stepping Stones, Inc. to remodel the 19 unit apartment building at 821-825 N. Pennsylvania Avenue into a 16 unit apartment building with an accessory child care facility having 19 parking spaces. Chapter 1285 of the Zoning code requires a total of 34 parking spaces, therefore a variance of 15 spaces is requested. J. Ruff gave a presentation of the requested variance. Jack Cogley, Vice president of BHT Management, representing Ballentine Stepping Stones, Inc. , gave a presentation of the goals and uses of the property at 821-825 N. Pennsylvania. He then answered questions presented by the Board. BOARD OF ZONING APPEALS MINUTES December 9, 1993 - 4 Jack Roberts, Assistant City Attorney, addressed some of the legal issues concerning the funding and zoning of this property. The Board dissolved into the Committee of the Whole, and considerable discussion ensued. A motion was made by H. P. Curran, to approve the variance, conditional on City Council approval of the Special Land Use request for the Child Care Facility (SLU- 13-93) , that vehicular access will not be admitted from Oakland Avenue. This project is compatible with the surrounding land use. Motion seconded by G. Hilts. VOTE• yea nay yea nay Carlson X LeBlanc X Clark X Sheldon X Curran X Hilts X *Motion to approve BZA-3286.93 passed by a vote of 5 to 1. THE BOARD TOOK A 10 MINUTE RECESS AT 9:20 P.M. THE MEETING WAS CALLED BACK TO ORDER AT 9:30 P.M. IV. Approval of Minutes: November 23, 1993, special meeting. A motion to approve minutes of November 23, 1993, was made by-G. Hilts, seconded by H. P. Curran. Motion approved unanimously on a voice vote. V. Old Business A. Policies and Procedures The Board discussed the changes that should be made to the Policies and Procedures of the Board of Zoning Appeals. Items mentioned included gender identification, votes necessary for passage of motions, disqualifications, and clarification of points. Copious amounts of discussion ensued. The chair has told the Mayor-elect that this issue would be finished within the next couple of months'. A draft of all suggested changes will be sent to the Board for the January meeting. B . Conflict of interest charge against Joan Sheldon. J. Sheldon presented J. Ruff with a letter explaining her position on the conflict of interest allegation made against her by Paul Scott re: BZA 3277.93. VI. New Business A. 1994 Meeting Schedule: It was moved by H. P. Curran to adopt the proposed meeting schedule for 1994. The motion was seconded by G. Hilts. Motion carried by voice vote, 6-0. BOARD OF ZONING APPEALS MINUTES December 9, 1993 - 5 VII. Adjournment A. Meeting adjourned at 10:00 p.m. Respectfully Submitted, James A. Ruff, Secretary Board of Zoning Appeals c:\wp\data\bza\bzadec.93 Approved 11/23/93 01 _20_94PQ2 : 51 R C V D To Clerk01/20/94 MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS November 10, 1993, 7:30 P.M. CITY HALL COUNCIL CHAMBERS 10TH FLOOR I. The meeting was called to order by Chair N. Carlson at 7:33 p.m. Roll call was taken. A. Present J. Sheldon H.P. Curran N. Carlson Dr. Spink G. Hilts H. LeBlanc B. Absent M. Clark (arrived at 8:07 p.m.) Rev. Bicy C. A quorum of Six members was present, allowing voting action to be taken at the meeting. D. There was a motion made by H. P. Curran to accept the excused absences of M. Clark and Rev. Bicy. E. Spink seconded the motion. The motion carried unanimously on a voice vote. E. Introduction of Staff J. Ruff, Zoning Administrator II. Approval of Agenda A. J. Sheldon made a motion to move the public comment section of the meeting from Item V to Item IV, immediately prior to consideration of Tabled Items. H. P. Curran seconded the motion. VOTE: yea nay yea nay Carlson X LeBlanc X Spink X Sheldon X Curran X Hilts X *Motion passed by a vote of 5 to I. B . H. P. Curran made a motion to accept the withdrawl of B ZA-3282.93. H. LeBlanc seconded the motion. VOTE: yea nay yea nay Carlson X LeBlanc X Spink X Sheldon X Curran X Hilts X *Motion passed unanimously. BOARD OF ZONING APPEALS MINUTES NOVEMBER 10, 1993 - 2 C. H. P. Curran made a motion to approve the agenda as amended. J. Sheldon seconded the motion. VOTE: yea nay yea nay Carlson X LeBlanc X Spink X Sheldon X Curran X Hilts X *Motion passed unanimously. III. Hearings A. BZA-3278.93, 1404-1416 N. Larch A petition by Brian Holbrook, of Conestoga-Rovers & Associates, a site remediation investigation company, to place three strands of barbed wire on top of a 6' high fence on the properties located at 1404 and 1416 N. Larch Street. Variance of Section 1290.08(a)(3)B of the Zoning Code is requested. A presentation was made by J. Ruff. Brian Holbrook, Conestoga-Rovers & Associates, spoke representing the petition. H. P. Curran made a motion to approve this petition as recommended by staff, with the condition that the barbed wire be removed within 30 days following the removal of the hazardous materials. This recommendation is based upon the need to prevent trespassing on this property for health and safety considerations, and finding that the barbed wire should not adversely affect adjacent properties. The motion was seconded by J. Sheldon. VOTE: yea nay yea nay Carlson X LeBlanc X Spink X Sheldon X Curran X Hilts X *Motion to approve BZA-3278.93 passed by a vote of 5 to 1, with E. Spink casting the dissenting vote. B . BZA-3279.93, 2801 E. Michigan Avenue A petition by Richard Iding, representing Bud Kouts Chevrolet, to install a canopy with three wall signs onto their body shop building totaling 80 sq. ft. at 2801 E. Michigan Avenue. The sales building contains the maximum number (2) and 149 square feet of the maximum area (150 sq. ft.) allowed for wall signs on this property, according to Section 1442.13 of the Sign Code. Therefore, this is a requested variance of 3 additional wall signs and 79 additional sq. ft. of sign area. A Presentation was made by J. Ruff. BOARD OF ZONING APPEALS MINUTES NOVEMBER 102 1993 - 3 Richard Iding spoke, reiterating the position of Bud Kouts Chevrolet. A motion was made by E. Spink to approve BZA-3279.93, based on the size of the property, the distances of other structures from the property, and the corner lot hardship. The motion was seconded by J. Sheldon. VOTE: yea nay yea nay Carlson X LeBlanc X Spink X Sheldon X Curran X Hilts X *Motion to approve BZA-3279.93 passed by a vote of 6 to 0. M. Clark came into the meeting at 8:07 p.m. C. BZA-3280.93 3230 E. Saginaw St. A request by Marshall Music Co. at 3230 E. Saginaw St. to erect a third wall sign, 48 square feet in area, on the south side of their new building, for identification. The building currently has the maximum two wall signs containing 192 sq. ft. in area of a maximum 200 sq. ft. in area, according to Section 1442.13 of the Sign Code. Therefore, this is a requested variance of 1 additional wall sign and 40 additional sq. f t. of sign area. J. Ruff gave a presentation of the requested variance. Dan Marshall spoke, stating that he was there to answer any questions that the board might have. A motion was made by E. Spink to approve BZA-3280.93, with the condition that no ground pole sign be approved in the future if requested, finding that this situation (located on the fringe of the mall) provides a practical difficulty and the variance should improve circulation around the site. The motion was seconded by H. LeBlanc. VOTE: yea nay yea nay Carlson X LeBlanc X Spink X Sheldon X Curran X Hilts X Clark X *Motion to approve BZA-3280.93 passed by a vote of 7 to 0. D. BZA-3281.93, 3222 S. Dr. Martin Luther King. Jr. Blvd./Logan St. To relocate the existing "Frandor's Logan Square" multi-tenant sign from its existing location along Dr. Martin Luther King, Jr. Blvd. /Logan St. to a location immediately north due to reconstruction BOARD OF ZONING APPEALS MINUTES NOVEMBER 10, 1993 - 4 of the shopping center's entrance driveway. The sign is 30 ft. tall and contains 344 sq. ft. in area. The proposed sign location would have a 10 ft. setback. Section 1442.12 of the Sign Code allows a sign with a setback of 10 ft. to contain a maximum of 30 sq. ft. in area and an overall height of 10 feet. This is a requested variance of 20 ft. in height and 314 sq. ft. in area. J. Ruff presented and summarized the recommendation. Mike Williams, President of Sign Art Inc. , spoke. He mentioned that the size of the sign is well within the scale of the site and the building, and that the greatest difficulty to safety with the proposed sign is presented in the southbound, right hand lane. Communication in favor of the request was received from Jerry Green, President, Logan Square Merchant's Association, read into record and placed on file. E. Spink made a motion to approve BZA-3281.93, as long as the sign is located 13 to 25 feet from the property line, as approved by the Planning Staff. Motion seconded by G. Hilts. Jack Roberts spoke, concerning the delegation of authority, to the Planning Staff. Otherwise, if it is only a range, and the sign is acceptable anywhere in that range, then the motion is fine. At this time, E. Spink withdrew his motion. Mike Williams then spoke again, requesting additional time. This was approved by the board, who suggested a 14' setback, in order to achieve the general goals of the Board in these matters. H. P. Curran made a motion to approve BZA-3281.93, with a setback of 141. G. Hilts seconded the motion. VOTE• yea nay yea nay Carlson X LeBlanc X Clark X Sheldon X Curran X Hilts X Spink X *Motion to approve BZA-3281.93 passed unanimously. The Board found that the center's signage has been done in such a way so as to achieve the goals of the sign code and the location of the sign will provide safe identification as well as be in greater conformance with the code. E. BZA-3282.93, 1934 Kingswood Drive. This is a request by Henry and Nancy Verkaik, to construct an addition onto the rear of their home with a rear yard setback of 27 feet. Section 1248.09 of the Zoning Code requires a rear yard setback of 30 feet. This is a requested variance of 3 feet. J. Ruff summarized the request. BOARD OF ZONING APPEALS MINUTES NOVEMBER 10, 1993 - 5 Henry Verkaik spoke, stating that he had nothing more to add to J. Ruffs comments. E. Spink made a motion to approve BZA-3282.93, based upon the staff report, which indicates no impact upon the neighborhood, or on circulation patterns. Motion seconded by H. P. Curran. VOTE• yea nay yea nay Carlson X LeBlanc X Clark X Sheldon X Curran X Hilts X Spink X *Motion to approve BZA-3282.93 unanimously approved. F. BZA-3283.92, City of Lansing, 1129 N. Capitol Avenue, was withdrawn. THE BOARD TOOK A 10 MINUTE RECESS AT 8:48 P.M. THE MEETING WAS CALLED BACK TO ORDER AT 9:00 P.M. IV. Public Comment A. Lynn O'Connor, in favor of appeal 3277. This property was cited as a potential lot for moving a home onto, when the school addition issue was being resolved. B. Denise Barowitz, 406 W. Kilborn, opposed to appeal 3277. C. Mary Hauser, #6 Lawler Ct. , president of Old Forest Neighborhood Association. Association voted in favor of BZA-3277.93 at November 4, 1993, meeting. D. Sheryl Masseau, 309 W. Kilborn, opposed to Appeal 3277. E. Eleanor Love, Manager of Planning Office, available to answer any questions. F. George Ledden, petitioner, Habitat for Humanity representing petition. G. Alice Minick, 916 N. Walnut, opposed to Appeal 3277. H. Kathy L. G. Wolcott, 931 N. Walnut, Opposed to Appeal 3277. I. Caroline Guzman, 1114 N. Capitol, requested board to keep the overall picture of the project in mind when considering Appeal 3277. J. Tom Minick, 916 N. Walnut, opposed to Appeal 3277. K. Phil Wolcott, 931 N. Walnut, opposed to Appeal 3277. L. Shirley Hendy, 426 W. Kilborn, in favor of Appeal 3277. M. Kevin Webb,528 W. Grand River, in favor of Appeal 3277. V. Old Business A. A motion was made by H. P. Curran to remove BZA-3277.93 from the table. This motion was seconded by G. Hilts. It passed unanimously on a voice vote. BOARD OF ZONING APPEALS MINUTES NOVEMBER 10, 1993 - 6 1. Tabled Item, BZA-3277.93, Request by Habitat for Humanity to relocate a single-family home onto the vacant lot at 317 W. Kilborn. The house is proposed to sit 6' from the front property line and 28' from the rear property line. Variance to Sections 1250.07 and 1250.09 of the Zoning Code. E. Spink motioned to consider the letters, correspondence, and petition received from Denise Barowitz, Old Forest Neighborhood Association, Mr. and Mrs. Masseau, Mr. and Mrs. Wolcott, Franklin Street Co-op, and Downtown Neighborhood Association as read, and placed on file. G. Hilts seconded the motion, which carried unanimously on voice vote. J. Ruff summarized the request and facts regarding the lot coverage, bulk, set-back, and compatibility with neighboring structures. H. LeBlanc related to the board and to those citizens present the intent and language of the recommendations contained within the Willow-Pine Amendment Plan regarding this and similar issues. John M. Roberts, Senior Assistant City Attorney, was in attendance to address the concern of conflict of interest, raised in a letter regarding BZA-3277. He stated that he reviewed the ordinance, the charter, and conflict of interest law, and stated that, in his opinion, a conflict of interest may occur when a board member receives an economic benefit, or the appearance of an economic benefit from a decision that has been made by the board, and the board member has voted on that item. Further, the basic question that needs to be answered with regard to the conflict of interest that has been raised in this situation is: Can the board member's vote be independent of an association's decision that the board member belongs to and is a board member of? Mr. Roberts then asked Board Member Sheldon various questions regarding her participation and roll in the Downtown Neighborhood Association, the recommendation of the Downtown Neighborhood Association regarding BZA-3277, and whether or not the association voted specifically regarding BZA-3277. Finally, Mr. Roberts asked Sheldon whether or not she felt that she could vote independent of the Association's recommendation. Sheldon responded yes. In summary, Mr. Roberts stated that he did not see an impression of impropriety or conflict of interest. E. Spink motioned to allow J. Sheldon to vote on BZA-3277.93, seconded by H.P. Curran. VOTE: yea nay yea nay Carlson X LeBlanc X Clark X Hilts X Curran X Spink X *Motion to allow J. Sheldon to vote on BZA-3277.93 passed unanimously. H. LeBlanc moved to approve the variance request, 3277.93, on the basis that the variance would be compatible with the existing neighborhood, and neighborhood development patterns, would not adversely impact pedestrian or vehicular BOARD OF ZONING APPEALS MINUTES NOVEMBER 10, 1993 - 7 circulation, would result in the elimination of a joint driveway, and would not adversely impact the environment. Seconded by M. Clark. The board also mentioned that the variance would be in keeping with the Willow-Pine Amendment Plan and would result in an owner-occupied, single family dwelling. Hardship existed based upon the shape of the lot. VOTE: yea nay yea nay Carlson X LeBlanc X Clark X Hilts X Curran X Sheldon X Spink X *Motion to approve BZA-3277.93 was passed by a vote of 6 yeas to 1 nay. Motion carried. VI. Minutes A. E. Spink made a motion to approve the minutes of February 11, 1993. Motion seconded by H. P. Curran. VOTE: yea nay yea nay Carlson X Hilts X Clark X Sheldon X Curran X Spink X *Motion to approve minutes of February 11, 1993, passed unanimously (except for H. LeBlanc, who abstained from vote on these minutes) . B. E. Spink made a motion to approve the minutes of March 11, 1993, June 10, 1993, July 8, 1993, and August 12, 1993. Motion seconded by H. P. Curran. VOTE: yea nay yea nay Carlson X Hilts X Clark X Sheldon X Curran X LeBlanc X Spink X *Motion to approve minutes of March 11, 1993, June 10, 1993, July 8, 1993, and August 12, 1993, passed unanimously. C. J. Sheldon motioned to approve the minutes of September 9, 1993. Motion seconded by H. LeBlanc. VOTE: yea nay yea nay Carlson X Hilts X Clark X Sheldon X Curran X LeBlanc X *Motion to approve minutes of September 9, 1993, passed unanimously (except for E. Spink, who abstained from vote on these minutes) . BOARD OF ZONING APPEALS MINUTES NOVEMBER 10, 1993 - 8 D. E. Spink made a motion to approve the minutes of October 14, 1993. Motion seconded by G. Hilts. VOTE: yea nay yea nay Carlson X Hilts X Clark X Sheldon X Curran X LeBlanc X Spink X `Motion to approve minutes of October 14, 1993, passed unanimously. VII. New Business A. Policy and Procedures: It was moved by G. Hilts, and seconded by H. P. Curran, to place the Policy and Procedures review on the December agenda. B. E. Spink commented that the last meeting was incomplete, but not tonight's meeting. He felt that the Chairperson and the audience handled this well. VIII. Adjournment A. Meeting adjourned at 10:19 p.m. Respectfully Submitted, James A. Ruff, Secretary Board of Zoning Appeals cAwp\data\bza\bzanov.93 Approved 12-20-93A09 : 03 RCVD To Clerk MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS ' December 9, 1993, 7:30 P.M Ar CITY HALL COUNCIL CHAMBERS 10TH FLOOR I. The meeting was called to order by Chair N. Carlson at 7:31 p.m. Roll call was taken. A. Present J. Sheldon H.P. Curran N. Carlson G. Hilts H. LeBlanc M. Clark B. Absent Dr. Spink (excused absence) Rev. Bicy C. A quorum of Six members was present, allowing voting action to be taken at the meeting. D. Introduction of Staff J. Ruff, Zoning Administrator II. Approval of Agenda A. Chairperson Carlson requested any deletions or additions to the agenda. Finding none, the agenda was approved as printed. III. Hearings A. B ZA-3284.93, 1425 McIntyre Court A petition by Theodore and Betty Kost to retain a garage/carport structure 2.3' from the north side lot line on their property at 1425 McIntyre Court. The structure is required to be located approximately 4' from the side lot line according to Section 1250.08 of the Zoning Code. A variance of 1.7' is requested. A presentation was made by J. Ruff. A petition supporting the variance was included in the staff report. A communication was read into the record from Mr. and Mrs. Kost, explaining their position on the carport/garage. A communication was read into the record from Neil Simon. Priscilla Holmes, CDC Chair, spoke of the history of McIntyre Court, and asked that the Board support the variance request. BOARD OF ZONING APPEALS MINUTES December 9, 1993 - 2 David Kost, Son of Mr. and Mrs. Kost, builder of the carport/garage, explained his position and beliefs concerning placement of the structure. Kenneth Noval, 1419 Reo Ave. , spoke in support of the carport/garage. Winnie Jackson, 1426 Reo Avenue, spoke in support of the carport/garage. Gladys Gilson, 223 W. Barnes Avenue, spoke in support of the variance. Walter Rhodes, 1427 McIntyre Ct. , read into record a paraphrased version of a detailed report he has submitted into the record, giving the history of the carport/garage from his point of view. Mr. Rhodes also showed pictures of the view from his house to support his position. He requests that the variance be denied. David Kost spoke again, reiterating the rational behind the design of the carport/garage, as it relates to Mr. Rhodes view. Ken Noval spoke again, supporting Mr. Kost's statement. Walter Rhodes spoke again, bringing up the safety issue. Mike Kost, son of Mr. and Mrs. Kost, spoke about the fence which surrounds the property. Walter Rhodes spoke again, about the garage being all that is seen. Gladys Gilson, spoke, telling how the neighborhood has been cleaned up. The Board dissolved into Committee of the Whole, to discuss this issue. M. Clark made a motion to approve this petition as recommended by staff, on the basis that it will not adversely impact the neighborhood, the circulation, or the environment, and will not establish a precedent; with the understanding that the fence be reviewed for code compliance, and the attachment of the carport/garage also be reviewed by the Building Department to ensure that it does meet code. Motion seconded by G. Hilts. VOTE• yea nay yea nay Carlson X LeBlanc X Clark X Sheldon X Curran X Hilts X *Motion to approve BZA-3284.93 passed by a vote of 6 to 0. BOARD OF ZONING APPEALS MINUTES December 9, 1993 - 3 B. BZA-3285.93, S.E. Corner of E. Michigan and Pennsylvania A petition by John Peckham of Martin Properties to construct a 13,900 sq. ft. commercial building on the vacant property in the 1000 block of E. Michigan Avenue, approximately one foot from the rear lot line. Section 1268.08 of the Zoning Ordinance requires a minimum rear yard setback of 251. A variance of 24' is requested. A Presentation was made by J. Ruff. John Peckham, Martin Properties, introduced Morris Stein, of Stein, Hinkle, Dawe, Wood, and Johnson, and Rev. Roger Pohl, Church Pastor. He affirmed Mr. Ruffs comments. Roger Pohl, Church Pastor, spoke in support of the variance. He also mentioned their need for landscaping and lighting. He feels that this development would be beneficial to both the church and Martin Properties. A letter was received stating the churches position and placed on file. Harold Leeman, N. Francis, inquired whether the building was to be a one story building. Board dissolved into Committee of the Whole, where considerable discussion ensued. M. Clark moved to approve the 24' variance of Section 1268.08 as shown on the plan, based on the fact that this is a reasonable use of the property which will cause no adverse effect on adjacent properties. Seconded by H. P. Curran. VOTE: yea nay yea nay Carlson X LeBlanc X Clark X Sheldon X Curran X Hilts X *Motion to approve BZA-3285.93 passed by a vote of 6 to 0. C. BZA-3286.93 3230 E. Saginaw St. A request by Ballentine Stepping Stones, Inc. to remodel the 19 unit apartment building at 821-825 N. Pennsylvania Avenue into a 16 unit apartment building with an accessory child care facility having 19 parking spaces. Chapter 1285 of the Zoning code requires a total of 34 parking spaces, therefore a variance of 15 spaces is requested. J. Ruff gave a presentation of the requested variance. Jack Cogley, Vice president of BHT Management, representing Ballentine Stepping Stones, Inc. , gave a presentation of the goals and uses of the property at 821-825 N. Pennsylvania. He then answered questions presented by the Board. BOARD OF ZONING APPEALS MINUTES December 9, 1993 - 4 Jack Roberts, Assistant City Attorney, addressed some of the legal issues concerning the funding and zoning of this property. The Board dissolved into the Committee of the Whole, and considerable discussion ensued. A motion was made by H. P. Curran, to approve the variance, conditional on City Council approval of the Special Land Use request for the Child Care Facility (SLU- 13-93) , that vehicular access will not be admitted from Oakland Avenue. This project is compatible with the surrounding land use. Motion seconded by G. Hilts. VOTE: yea nay yea nay Carlson X LeBlanc X Clark X Sheldon X Curran X Hilts X *Motion to approve BZA-3286.93 passed by a vote of 5 to 1. THE BOARD TOOK A 10 MINUTE RECESS AT 9:20 P.M. THE MEETING WAS CALLED BACK TO ORDER AT 9:30 P.M. IV. Approval of Minutes: November 23, 1993, special meeting. A motion to approve minutes of November 23, 1993, was made by G. Hilts, seconded by H. P. Curran. Motion approved unanimously on a voice vote. V. Old Business A. Policies and Procedures The Board discussed the changes that should be made to the Policies and Procedures of the Board of Zoning Appeals. Items mentioned included gender identification, votes necessary for passage of motions, disqualifications, and clarification of points. Copious amounts of discussion ensued. The chair has told the Mayor-elect that this issue would be finished within the next couple of months. A draft of all suggested changes will be sent to the Board for the January meeting. B. Conflict of interest charge against Joan Sheldon. J. Sheldon presented J. Ruff with a letter explaining her position on the conflict of interest allegation made against her by Paul Scott re: BZA 3277.93. VI. New Business A. 1994 Meeting Schedule: It was moved by H. P. Curran to adopt the proposed meeting schedule for 1994. The motion was seconded by G. Hilts. Motion carried by voice vote, 6-0. BOARD OF ZONING APPEALS MINUTES December 9, 1993 - 5 VII. Adjournment A. Meeting adjourned at 10:00 p.m. Respectfully Submitted, James A. Ruff, Secretary Board of Zoning Appeals cAwp\data\bza\bzadec.93 11 -24-93P03 : 01 RCVD vF �,my C I T Y O F L A N S I N G Al 3 * INTEROFFICE COMMUNICATION HIS TO: Marilyn Slade, city Clerk DATE: 11/24/93 FROM: Jim Ruff, zoning Administrator & Board Secretary SUBJECT• Board of Zoning Appeals Minutes Please find attached copies of Board of Zoning Appeals Minutes for the months of February, March, June, July, August, September, and October of 1993, which were all approved at the November 10, 1993 meeting. The Minutes for the November 10, 1993, meeting were approved at a special meeting held November 23, 1993. Also attached you will find a draft for the minutes of that meeting. Thank you. ' - / E MINUTES OF THE SPECIAL MEETING BOARD OF ZONING APPEALS November 23, 1993, 5:30 P.M. CITY HALL ANNEX, SECOND FLOOR CONFERENCE ROOM I. The meeting was called to order by Chair N. Carlson at 5:30 p.m. Roll call was taken. A. Present J. Sheldon H.P. Curran N. Carlson Dr.Spink G. Hilts H. LeBlanc M. Clark B . Absent Rev. Bicy C. A quorum of Seven members was present, allowing voting action to be taken at the meeting. D. A motion was made by E. Spink to excuse the absence of Rev. Bicy. Seconded by G. Hilts. Motion carried unanimously on a voice vote. II. MINUTES A. J. Sheldon motioned to approve the minutes of November 10, 1993, with friendly amendments and corrections. Motion seconded by G. Hilts. VOTE yea nay yea. nay Carlson X Hilts X Clark X Sheldon X Curran X LeBlanc X Spink X *Motion to approve minutes of November 10, 1993, passed unanimously. III. ADJOURNMENT A. The meeting was adjourned at 5:42 p.m. Respectfully Submitted, James A. Ruff, Secretary Board of Zoning Appeals c:\wp\data\bza\specbza.nov MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS November 10, 1993, 7:30 P.M. CITY HALL COUNCIL CHAMBERS 10TH FLOOR I. The meeting was called to order by Chair N. Carlson at 7:33 p.m. Roll call was taken. A. Present J. Sheldon H.P. Curran N. Carlson Dr. Spink G. Hilts H. LeBlanc B . Absent M. Clark (arrived at 8:07 p.m.) Rev. Bicy C. A quorum of Six members was present, allowing voting action to be taken at the meeting. D. There was a motion made by H. P. Curran to accept the excused absences of M. Clark and Rev. Bicy. E. Spink seconded the motion. The motion carried unanimously on a voice vote. E. Introduction of Staff J. Ruff, Zoning Administrator II. Approval of Agenda A. J. Sheldon made a motion to move the public comment section of the meeting from Item V to Item IV, immediately prior to consideration of Tabled Items. H. P. Curran seconded the motion. VOTE. yea nay yea nay Carlson X LeBlanc X Spink X Sheldon X Curran X Hilts X *Motion passed by a vote of 5 to 1. B . H. P. Curran made a motion to accept the withdrawl of B ZA-3282.93. H. LeBlanc seconded the motion. VOTE• yea nay yea nay Carlson X LeBlanc X Spink X Sheldon X BOARD OF ZONING APPEALS MINUTES NOVEMBER 102 1993 - 2 Curran X Hilts X *Motion passed unanimously. C. H. P. Curran made a motion to approve the agenda as amended. J. Sheldon seconded the motion. VOTE: yea nay yea nay Carlson X LeBlanc X Spink X Sheldon X Curran X Hilts X *Motion passed unanimously. III. Hearings A. BZA-3278.93, 1404-1416 N. Larch A petition by Brian Holbrook, of Conestoga-Rovers & Associates, a site remediation investigation company, to place three strands of barbed wire on top of a 6' high fence on the properties located at 1404 and 1416 N. Larch Street. Variance of Section 1290.08(a) (3)B of the Zoning Code is requested. A presentation was made by J. Ruff. Brian Holbrook, Conestoga-Rovers & Associates, spoke representing the petition. H. P. Curran made a motion to approve this petition as recommended by staff, with the condition that the barbed wire be removed within 30 days following the removal of the hazardous materials. This recommendation is based upon the need to prevent trespassing on this property for health and safety considerations, and finding that the barbed wire should not adversely affect adjacent properties. The motion was seconded by J. Sheldon. VOTE. yea nay yea nay Carlson X LeBlanc X Spink X Sheldon X Curran X Hilts X *Motion to approve BZA-3278.93 passed by a vote of 5 to 1, with E. Spink casting the dissenting vote. BOARD OF ZONING APPEALS MINUTES NOVEMBER 10, 1993 - 3 B. BZA-3279.93, 2801 E. Michigan Avenue A petition by Richard Iding, representing Bud Kouts Chevrolet, to install a canopy with three wall signs onto their body shop building totaling 80 sq. ft.--at 2801 E. Michigan Avenue. The sales building contains the maximum number (2) and 149 square feet of the maximum area (150 sq. ft.) allowed for wall signs on this property, according to Section 1442.13 of the Sign Code. Therefore, this is a requested variance of 3 additional wall signs and 79 additional sq. ft. of sign area. A Presentation was made by J. Ruff. Richard Iding spoke, reiterating the position of Bud Kouts Chevrolet. A motion was made by E. Spink to approve BZA-3279.93, based on the size of the property, the distances of other structures from the property, and the corner lot hardship. The motion was seconded by J. Sheldon. VOTE• yea nay yea nay Carlson X LeBlanc X Spink X Sheldon X Curran X Hilts X *Motion to approve BZA-3279.93 passed by a vote of 6 to 0. M. Clark came into the meeting at 8:07 p.m. C. BZA-3280.93 3230 E. Saginaw St. A request by Marshall Music Co. at 3230 E. Saginaw St. to erect a third wall sign, 48 square feet in area, on the south side of their new building, for identification. The building currently has the maximum two wall signs containing 192 sq. ft. in area of a maximum 200 sq. ft. in area, according to Section 1442.13 of the Sign Code. Therefore, this is a requested variance of 1 additional wall sign and 40 additional sq. ft. of sign area. J. Ruff gave a presentation of the requested variance. Dan Marshall spoke, stating that he was there to answer any questions that the board might have. A motion was made by E. Spink to approve BZA-3280.93, with the condition that no ground pole sign be approved in the future if requested, finding that this situation (located on the fringe of the mall) provides a practical difficulty and the variance should improve circulation around the site. BOARD OF ZONING APPEALS MINUTES NOVEMBER 10, 1993 - 4 The motion was seconded by H. LeBlanc. VOTE: yea nay yea nay Carlson X LeBlanc X Spink X Sheldon X Curran X Hilts X Clark X *Motion to approve BZA-3280.93 passed by a vote of 7 to 0. D. BZA-3281.93, 3222 S. Dr. Martin Luther King. Jr. Blvd./Logan St. To relocate the existing "Frandor's Logan Square" multi-tenant sign from its existing location along Dr. Martin Luther King, Jr. Blvd. /Logan St. to a location immediately north due to reconstruction of the shopping center's entrance driveway. The sign is 30 ft. tall and contains 344 sq. ft. in area. The proposed sign location would have a 10 ft. setback. Section 1442.12 of the Sign-Code allows a sign with a setback of 10 ft. to contain a maximum of 30 sq. ft. in area and an overall height of 10 feet. - This is a requested variance of 20 ft. in height and 314 sq. ft. in area. J. Ruff presented and summarized the recommendation. Mike Williams, President of Sign Art Inc. , spoke. He mentioned that the size of the sign is well within the scale of the site and the building, and that the greatest difficulty to safety with the proposed sign is presented in the southbound, right hand lane. Communication in favor of the request was received from Jerry Green, President, Logan Square Merchant's Association, read into record and placed on file. E. Spink made a motion to approve BZA-3281.93, as long as the sign is located 13 to 25 feet from the property line, as approved by the Planning Staff. Motion seconded by G. Hilts. Jack Roberts spoke, concerning the delegation of authority, to the Planning Staff. Otherwise, if it is only a range, and the sign is acceptable anywhere in that range, then the motion is fine. At this time, E. Spink withdrew his motion. Mike Williams then spoke again, requesting additional time. This was approved by the board, who suggested a 14' setback, in order to achieve the general goals of the Board in these matters. H. P. Curran made a motion to approve BZA-3281.93, with a setback of 141. G. Hilts seconded the motion. BOARD OF ZONING APPEALS MINUTES NOVEMBER 10, 1993 - 5 VOTE: yea nay yea nay Carlson X LeBlanc X Clark X Sheldon X Curran X Hilts X Spink X *Motion to approve BZA-3281.93 passed unanimously. The Board found that the center's signage has been done in such a way so as to achieve the goals of the sign code and the location of the sign will provide safe identification as well as be in greater conformance with the code. E. BZA-3282.933, 1934 Kingswood Drive. This is a request by Henry and Nancy Verkaik, to construct an addition onto the rear of their home with a rear yard setback of 27 feet. Section 1248.09 of the Zoning Code requires a rear. yard setback of 30 feet. This is a requested variance of 3 feet. J. Ruff summarized the request. Henry Verkaik spoke, stating that he had nothing more to add to J. Ruffs comments. E. Spink made a motion to approve BZA-3282.93, based upon the staff report, which indicates no impact upon the neighborhood, or on circulation patterns. Motion seconded by H. P. Curran. VOTE• yea nay yea nay Carlson X LeBlanc X Clark X Sheldon X Curran X Hilts X Spink X *Motion to approve BZA-3282.93 unanimously approved. F. BZA-3283.92, CityofLansing; 1129N. Capitol Avenue, waswithdrawn. THE BOARD TOOK A 10 MINUTE RECESS AT 8:48 P.M. THE MEETING WAS CALLED BACK TO ORDER AT 9:00 P.M. BOARD OF ZONING APPEALS MINUTES NOVEMBER 10, 1993 - 6 IV. Public Comment A. Lynn O'Connor, in favor of appeal 3277. This property was cited as a potential lot for moving a home onto, when the school addition issue was being resolved. -- B . Denise Barowitz, 406 W. Kilborn, opposed to appeal 3277. C. Mary Hauser, #6 Lawler Ct. , president of Old Forest Neighborhood Association. Association voted in favor of BZA-3277.93 at November 4, 1993, meeting. D. Sheryl Masseau, 309 W. Kilborn, opposed to Appeal 3277. E. Eleanor Love, Manager of Planning Office, available to answer any questions. F. George Ledden, petitioner, Habitat for Humanity representing petition. G. Alice Minick, 916 N. Walnut, opposed to Appeal 3277. H. Kathy L. G. Wolcott, 931 N. Walnut, Opposed to Appeal 3277. I. Caroline Guzman, 1114 N. Capitol, requested board to keep the overall picture of the project in mind when considering Appeal 3277. J. Tom Minick, 916 N. Walnut, opposed to Appeal 3277. K. Phil Wolcott, 931 N. Walnut, opposed to Appeal 3277. L. Shirley Hendy, 426 W. Kilborn, in favor of Appeal 3277. M. Kevin Webb,528 W. Grand River, in favor of Appeal 3277. V. Old Business A. A motion was made by H. P. Curran to remove BZA-3277.93 from the table. This motion was seconded by G. Hilts. It passed unanimously on a voice vote. 1. Tabled Item, BZA-3277.93, Request by Habitat for Humanity to relocate a single-family home onto the vacant lot at 317 W. Kilborn. The house is proposed to sit 6' from the front property line and 28' from the rear property line. Variance to Sections 1250.07 and 1250.09 of the Zoning Code. E. Spink motioned to consider the letters, correspondence, and petition received from Denise Barowitz, Old Forest Neighborhood Association, Mr. and Mrs. Masseau, Mr. and Mrs. Wolcott, Franklin Street Co-op, and Downtown Neighborhood Association as read, and placed on file. G. Hilts seconded the motion, which carried unanimously on voice vote. J. Ruff summarized the request and facts regarding the lot coverage, bulk, set-back, and compatibility with neighboring structures. H. LeBlanc related to the board and to those citizens present the intent and language of the recommendations contained within the Willow-Pine Amendment Plan regarding this and similar issues. John M. Roberts, Senior Assistant City Attorney, was in attendance to address the concern of conflict of interest, raised BOARD OF ZONING APPEALS MINUTES NOVEMBER 10, 1993 - 7 in a letter regarding BZA-3277. He stated that he reviewed the ordinance, the charter, and conflict of interest law, and stated that, in his opinion, a conflict of interest may occur when a board member receives an economic benefit, or the appearance of an economic--benefit from a decision that has been made by the board, and the board member has voted on that item. Further, the basic question that needs to be answered with regard to the conflict of interest that has been raised in this situation is: Can the board member's vote be independent of an association's decision that the board member belongs to and is a board member of? Mr. Roberts then asked Board Member Sheldon various questions regarding her participation and roll in the Downtown Neighborhood Association, the recommendation of the Downtown Neighborhood Association regarding BZA-3277, and whether or not the association voted specifically regarding BZA-3277. Finally, Mr. Roberts asked Sheldon whether or not she felt that she could vote independent of the Association's recommendation. Sheldon responded yes. In summary, Mr. Roberts stated that he did not see an impression of impropriety or conflict of interest. E. Spink motioned to allow J. Sheldon to vote on BZA-3277.93, seconded by H.P. Curran. VOTE: yea nay yea nay Carlson X LeBlanc X Clark X Hilts X Curran X Spink X *Motion to allow J. Sheldon to vote on BZA-3277.93 passed unanimously. H. LeBlanc moved to approve the variance request, 3277.93, on the basis that the variance would be compatible with the existing neighborhood, and neighborhood development patterns, would not adversely impact pedestrian or vehicular circulation, would result in the elimination of a joint driveway, and would not adversely impact the environment. Seconded by M. Clark. The board also mentioned that the variance would be in keeping with the Willow-Pine Amendment Plan and would result in an owner-occupied, single family dwelling. Hardship existed based upon the shape of the lot. VOTE: yea nay yea nay Carlson X LeBlanc X Clark X Hilts X Curran X Sheldon X Spink X BOARD OF ZONING APPEALS MINUTES NOVEMBER 10, 1993 - 8 *Motion to approve BZA-3277.93 was passed by a vote of 6 yeas to 1 nay. Motion carried. VI. Minutes A. E. Spink made a motion to approve the minutes of February 11, 1993. Motion seconded by H. P. Curran. VOTE: yea nay yea nay Carlson X Hilts X Clark X Sheldon X Curran X Spink X *Motion to approve minutes of February 11, 1993, passed unanimously (except for H. LeBlanc, who abstained from vote on these minutes) . B . E. Spink made a motion to approve the minutes of March 11, 1993, June 10, 1993, July 8, 1993, and August 12, 1993. Motion seconded by H. P'. Curran. VOTE: yea nay yea nay Carlson X Hilts X Clark X Sheldon X Curran X LeBlanc X Spink X *Motion to approve minutes of March 11, 1993, June 10, 1993, July 8, 1993, and August 12, 1993, passed unanimously. C. J. Sheldon motioned to approve the minutes of September 9, 1993. Motion seconded by H. LeBlanc. VOTE: yea nay yea nay Carlson X Hilts X Clark X Sheldon X Curran X LeBlanc X *Motion to approve minutes of September 9, 1993, passed unanimously (except for E. Spink, who abstained from vote on these minutes) . D. E. Spink made a motion to approve the minutes of October 14, 1993. Motion seconded by G. Hilts. VOTE• yea nay yea nay Carlson X Hilts X Clark X Sheldon X BOARD OF ZONING APPEALS MINUTES NOVEMBER 10, 1993 - 9 Curran X LeBlanc X Spink X *Motion to approve minutes of October 14, 1993, passed unanimously. VII. New Business A. Policy and Procedures: It was moved by G. Hilts, and seconded by H. P. Curran, to place the Policy and Procedures review on the December agenda. B . E. Spink commented that the last meeting was incomplete, but not tonight's meeting. He felt that the Chairperson and the audience handled this well. VIII. Adjournment A. Meeting adjourned at 10:19 p.m. Respectfully Submitted, ,:Z-- Aw- James A. Ruff, Secretary Board of Zoning Appeals c Awp\data\bza\bzan ov.93 MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS October 14, 1993, 7:30 P.M. CITY HALL COUNCIL CHAMBERS 10TH FLOOR The meeting was called to order by Chair N. Carlson at 7:33 p.m. Roll call was taken. Present J. Sheldon H.P. Curran N. Carlson M. Clark H. LeBlanc Dr. Spink Rev. Bicy G. Hilts Absent None Staff Donna Wynant, Senior Planner A quorum of Eight members was present, allowing voting action to be taken at the meeting. BZA-3275 93 7032 Kingdon Avenue This is a request by Julie Chelf, 7032 Kingdon Avenue, to operate a one-chair beauty salon in the home. This is a variance to Section 1248.03(e)(7) . D. Wynant, Senior Planner, summarized this appeal. Ms. Chelf spoke of her desire to have her own beauty salon, her willingness to comply with any and all zoning rules, her parking situation which is adequate, and her desire to work in her own home. Mr. Chelf spoke of installing an egress window in the basement. There was one piece of written correspondence: - --from Michael and Sherry Regan, 1731 E. Willoughby Rd. in support of the variance. H. P. Curran made a motion to approve BZA-3275.93, with the following conditions: 1. The owner shall not employ anyone not a resident at this address. 2. No commodity shall be sold from the premises. 3. Not more than twenty percent of the floor area of the building shall be used for the beauty shop. 4. Not more than one styling chair shall be installed. BOARD OF ZONING APPEALS MINUTES OCTOBER 14, 1993 - 2 5. Not more than one customer's vehicle, or family of customers' vehicle, shall be parked on site at one time, thereby limiting the number of customer vehicles to one. 6. No more than one -non-illuminated sign, not to exceed one square feet in size, will be allowed. 7. Approval of this variance is both site- and applicant-specific. The motion was seconded by C. Bicy. VOTE: yea nay yea nay Carlson X LeBlanc X Clark X Sheldon X Curran X Hilts X Spink X Bicy X *Motion to approve BZA-3275.93 passed by a vote of 7 to 1, with E. Spink casting the dissenting vote. The Board's decision was based upon the staff report which found that this will not adversely impact on the surrounding neighborhood environment or circulation pattern. BZA-3276.93 2414 Creston Avenue This is a request by Debra J. Laraway, 2414 Creston Avenue, to construct a 4-foot deep x 13 foot wide porch onto the front of the home. The front of the home is presently 20 ft. from the front property line. Section 1248.07 of the Zoning Code requires a minimum setback of 20 feet. The porch would be 16 feet from the front property line; therefore, this is a requested variance of 4 feet. D. Wynant presented a summary of this case. There were no public comments, and no correspondence. The board discussed this issue. E. Spink made a motion that BZA-3276.93 be approved, on the grounds that it will be a positive improvement to the neighborhood, is less than the average setback of the adjoining properties, and that it will have no negative impact on the neighborhood. Seconded by H. P. Curran. VOTE: yea nay yea nay Carlson X LeBlanc X Clark X Sheldon X Curran X Hilts X Spink X Bicy X *Motion to approve BZA-3276.93 passed unanimously. BOARD OF ZONING APPEALS MINUTES OCTOBER 14, 1993 - 3 BZA 3277.93 317 W. Kilborn A request by George Ledden, Executive Director of Habitat for Humanity, to relocate a single-family home onto the vacant lot at 317 W. Kilborn. The house is proposed to sit 6 feet from the front property line and 28 feet from the rear property line. Section 1250.07 of the Zoning Code requires a 20-foot front yard setback, and Section 12.50.09 requires a 30-foot rear yard setback. Variances of 14 feet and 2 feet are requested, respectively. D. Wynant, Senior Planner, presented a summary of this request. Margabeth Cibulka, representing Habitat for Humanity, spoke of the costs of rehabilitation, of moving the house; she stated that the house should be moved by the end of the month. Denise Barowicz, 406 W. Kilborn, spoke, indicating that the neighborhood does not support this variance. She believes that the house is too large for the lot. She also believes that the house should have a basement, to better fit into the neighborhood. She objects to tree removal, and the possibility of a shared drive. She feels that other land-space should be investigated. Dick Massau, 309 W. Kilborn, supported the position of the previous speaker. Concern that there will be sewer problems. Feels that another look must be taken. Shawn Vandermark, 933 N. Seymour, mentioned that the house to be moved has a solid brick front, without a porch or other break between the sidewalk and the house. Also spoke of the possibility of sewer problems. Four pieces of correspondence were read: --opposed, from Philip & Cathy Wolcott, on basis of the size of the house to be moved --opposed, from Gary Lynn, on basis of the 6 foot setback, .which would prevent one from seeing to back out of driveways; also mentioned how close Walnut St. Elementary School is to this property. --opposed, from Jeff Case, of 935 N. Walnut, on basis of the 6 foot setback, the visual appeal of the neighborhood, and desire to save trees. Also mentioned Walnut St. School, and the danger of backing from a driveway without being able to see the children due to the six foot setback. --support, from Lynn Martinez, of Franklin Street Community .Housing Cooperative, mentioning that many other houses on this street are in non- conformance with setbacks, that 309 W. Kilborn has a 1 foot setback, and others are equally narrow. The Board discussed BZA-3277.93 E. Spink made a motion to table this request, until the neighborhood organizations concerned with this issue have been notified and their feelings are known. Seconded by G. Hilts. VOTE- yea nay yea nay BOARD OF ZONING APPEALS MINUTES OCTOBER 14, 1993 - 4 Carlson X LeBlanc X Clark X Sheldon X Curran X __ Hilts X Spink X Bicy X *Motion to table BZA-3277.93 unanimously approved. Other Communications 1. Lack of minutes of previous meetings brought up. Approval of Minutes 1. None. Old Business 1. None. New Business 1. Board Policies should be discussed at next meeting. 2. E. Spink mentioned that rehabilitation groups need to be present at meetings, and that complete information be furnished in appeals. This was discussed by the Board. Also, that neighborhood groups be notified of any BZA action occurring in their areas. 3. Next months meeting will be held on Wednesday, November 10, 1993. 4. Mary Clark requested an excused absence from next month's meeting, due to a class that she has to attend. Adjournment The meeting was adjourned at 9:22 p.m. Respectfully Submitted, / le--11 James A. Ruff, Secretary Board of Zoning Appeals MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS September 9, 1993, 7:30 P.M. CITY HALL COUNCIL CHAMBERS 10TH FLOOR The meeting was called to order-by Chair N. Carlson at 7:30 p.m. Roll call was taken. Present J. Sheldon H.P. Curran N. Carlson M. Clark H. LeBlanc Absent Rev. Bicy-excused Dr. Spink-excused G. Hilts Staff Jim Ruff,.Zoning Administrator A quorum of five members was present, allowing voting action to be taken at the meeting. BZA-3269 309 Ferguson Street This is a request by William Curtin, 309 Ferguson Street, to construct a new 6 ft. deep x 20 ft. wide front porch with roof on his home, 11.5 ft. from the front property line. Section 1250.07 of the Zoning Code requires a minimum setback of 20 ft. This is a requested variance of 8.5 ft. A presentation was made by J. Ruff. Mr. Curtin spoke, mentioning that the house had a porch which was removed approximately 30 years ago. He also mentioned that the porch he proposes to construct will not impede the view of his neighbors in any way, and in fact fits in with the neighborhood, as the other houses on the block have similar porches. M. Clark made a motion to approve the request on the grounds that it is in keeping with the appearance of the neighborhood, and would not negatively impact the adjacent properties. Seconded by H. LeBlanc VOTE• yea nay vea nay Carlson X LeBlanc X Clark X Sheldon X Curran X *Motion to approve BZA-3269 passed unanimously. BOARD OF ZONING APPEALS MINUTES SEPTEMBER 9. 1993 - PAGE 2 B ZA-3270 509 Moores River Drive This is a request by Scott Toaz of 509 Moores River Drive to utilize the existing detached building at 509 Moores River Drive as a second dwelling unit. Section 1240.03(49) of the Zoning Code d_e_fines a "two family dwelling" as "an attached or semidetached structure used for residential occupancy by two families living independently of each other." The house contains one dwelling unit, and the detached structure is an efficiency dwelling unit. A variance of the definition is requested. J. Ruff summarized this request. Four pieces of correspondence were presented. The first is from Robert Bludorn, 1621 Osband, writing in opposition to this request.- The second is from several people, Marjorie Curr, John Curr, Jerome Bush, Janet Julian, Ernest Julian, Robert (?) and Bill Chandler. They wrote of the danger of setting a precedent for garage conversions, and the lack of parking. The third is from Shirley Murray, who opposes the request on the basis of the limited parking, the difficulty of seeing the unit from the street, and the poor traffic flow for this property, which is on a dead-end alley. The fourth is from Jerome and Diane Bush, who oppose the request due to the size of the unit, which they feel is too small to attract long term renters. They also feel that there is not enough parking, and that utilizing this unit as a rental is a nuisance. Scott Toaz, 509 Moores River Drive, spoke of buying the property from HUD, with intent to upgrade. He expressed his desire to rent the property to responsible renters, and to fix the property up to the point where he can charge more rent, to keep the transient renters out. He spoke of the possibility of selling the property, but felt that would lead to the efficiency unit being abandoned, and falling into disrepair. He also spoke of his intent to rent to a law student, or perhaps a medical student, and his desire to have only one additional car parking at this property. Shirley Murray, 1720 Bradley, president of the South Central Neighborhood Organization, spoke of the difficulty in renting to high-quality tenants in the area. She also spoke.of this proposal as a step backward, leading to more congestion in the neighborhood, which is just beginning to become less congested, due to CD money for demolitions of garages and accessory structures. Steven R. Meno, 1613 Osband, spoke of the concern to maintain the integrity of the neighborhood. Also mentioned the parking situation. Jerome Bush, 1612 Bradley, spoke of the possibility that the property could be sold in the future, with no guarantee that future owners would be as concerned with the neighborhood as Mr. Toaz is. He commended Mr. Toaz for his efforts at renovating BOARD OF ZONING APPEALS MINUTES SEPTEMBER 9, 1993 - PAGE 3 this property. He also mentioned the fact that all of the seven property owners who share the alley with 509 Moores River Drive signed the petition against this appeal. M. Clark made a motion that BZA 3270 be denied, on the grounds that it would set a negative precedent for future development; seconded by H. P. Curran. VOTE: vea nay yea nay Carlson X LeBlanc X Clark X Sheldon X Curran X *Motion to deny BZA-3266 passed unanimously. BZA 3271.93 2627 Champion Way A request by Jack Hedley, 2627 Champion Way, to construct a 24' x 30' detached storage building in the rear yard for personal storage. Section 1248.03(b)(2) limits the total area of accessory structures to 1,000 sq. ft. on this size lot. Including the existing attached garage, the total area of accessory structures would equal 1,157 sq. ft. , a requested variance of 157 sq. ft. Mr. James Ruff, Zoning Administrator, presented a summary of this request. Mr. Hedley, 2627 Champion Way, addressed the board. He explained that the vacant land adjacent was a wild life refuge belonging to MSU, which encompasses Bear Lake, and is not likely to ever be developed. Only two neighbors will be affected in any way by this, one of whom offered to address the Board in support of his variance request. He explained that this is a Bi-level house, and has a lack of storage space. He also mentioned that none of his neighbors have his unique storage problems; then explained that this accessory building would NOT be a garage, merely a storage facility, primarily for a boat and an extra car. Mark Van Deventer, 4921 W. St. Joseph, addressed the Board in support of the variance request, verifying Mr. Hedley's statements Doug Spalding, 2621 Champion Way, sent a note stating that he does not object to the variance. The Board discussed BZA-3271. M. Clark made a motion to approve BZA-3271, on the basis that it will have no negative impact on the surrounding area; seconded by H. P. Curran. VOTE• yea nay yea nay Carlson . X LeBlanc X Clark X Sheldon X Curran X BOARD OF ZONING APPEALS MINUTES SEPTEMBER 9, 1993 - PAGE 4 *Motion to approve BZA-3271 passed unanimously. BZA-3272 430-440 N. Larch St. This is a request to receive a variance from Section 1274.04(h) (1) of the Zoning Code to allow the capacity of the residential care facility, located at 430-440 N. Larch St. , to be increased from 75 to 99 persons. The applicants wish to add a transitional housing programs for 24 persons, thus requiring an additional lot variance for 24,000 sq. ft. Mr. Ruff summarized this appeal. Patricia Dowell, President and CEO of Volunteers of America of Greater Lansing Inc. , addressed the Board. She requested the full support of the Board for this project. Their objective is to provide transitional housing for 24 people, which consists of one bunk bed per unit, a small kitchenette, bath, shower, and laundry facilities. Meals would be taken in a congregate setting with the emergency shelter people. Counseling would be available. This is entirely different than emergency shelter. Each occupant will have job responsibilities. Various local charities have pledged to provide assistance, including Red Cross and Harvest House. Mary Margaret Woll, ENO, spoke concerning this appeal. She stated that the Eastside Neighborhood Organization supports the efforts of the Volunteers of America, and appreciates them. William Curtain, Vice President of ESC Club, spoke in support of the expansion of the facility. The Board discussed this appeal. H. P. Curran moved to approve BZA-3272; on the basis that it will not adversely affect the area. J. Sheldon seconded the motion. VOTE• yea nay yea nay Carlson X LeBlanc X Clark X Sheldon X Curran X *Motion to approve BZA-3272 passed unanimously. BZA-3273 3210 Pleasant Grove This is a request to construct a 7' deep x 25' wide front porch onto the home at 3210 Pleasant Grove Rd. Section 1248.07(b) of the Zoning Code requires a front yard setback of 31'6" as established. The porch will extend 7' into the required front yard setback, 24.5' from the front lot line, requiring a variance of 7 feet. Mr. Ruff summarized the appeal. BOARD OF ZONItiG APPEALS MINUTES SEPTEMBER 9, 1993 - PAGE 5 Mr. McCarthy, 1223 Victoria Drive, spoke of how much nicer the house would look Nvith a porch, how the porch would aid in shielding the front of the house from the sun, and how this modification would align the house with the neighboring houses. J. Sheldon made a motion to approve BZA-3273, on the basis that this is an improvement to the property, and will have no adverse impact on adjoining properties. H. LeBlanc seconded the motion. VOTE: yea nay yea nay Carlson X LeBlanc X Clark X Sheldon X Curran X *Motion to approve BZA-3271 passed unanimously. Other Communications None from public. J. Ruff handed out a revised list of.Board Members. Approval of Minutes 1. There was some discussion of the lack of written minutes. Old Business None New Business 1 . There was discussion regarding staffing problems with the Planning Division. Adjournment Meeting was adjourned at 9:00 p.m. Respectfully Submitted, James A. Ruff, Secretary Board of Zoning Appeals LANSING BOARD OF ZONING APPEALS REGULAR MEETING LANSING CITY HALL, TENTH FLOOR COUNCIL CHAMBERS SEPTEMBER 9, 1993 - 7:30 P.M. AGENDA 1 . ROLL CALL HEARINGS a. BZA-3269 To construct a new 6 ft. deep x 20 ft. William Curtin, wide front porch with roof on his -home 309 Ferguson Street 11 .5 ft. from the front property�I he. Section 1250.07 of the Zoning Code requires a minimum setback of 20-feet. This is a requested variance of 8.5 feet. b. BZA-3270 To utilize the existing detached Scott Toaz, building at 509 Moores River Drive as 509 Moores River Drive a second dwelling unit. Section 1240.03(49) of the Zoning Code ,�gfiies a "two family dwelling" as "an aWaclied or semidetached structure used for residential occupancy by two families living independently of each other." The house contains one dwelling unit, and the detached structure is an efficiency dwelling unit. A variance of the definition is requested. C. BZA-3271 To construct a 24'x30' detached Jack Hedley, storage building in the rear yard for 2627 Champion Way personal storage. Sec. 1248.03(b) (2) limits the total area of accessory structures to 1,000 sq. ft. on this size lot. Including the existing attached garage, the total area of accessory structures would equal 1,157 sq. ft. , a requested variance of 157 sq. ft. d. BZA-3272 To receive a variance from Section Volunteers of America of 1274.04(h)(1) of the Zoning Code to Greater Lansing, Inc.. , allow the capacity of the residential 430-440 N. Larch St. care facility, located at 430-440 N. Larch St. , to be increased from 75 to 99 persons. The applicant wishes to add a transitional housing program for 24 persons, thus requiring an additional lot area variance of 24,000 sq. ft. BOARD OF ZONING APPEALS SEPTEMBER 93 1993 e. B ZA-3273 To construct a 7' deep x 25' wide front Tim McCarthy representing porch onto the home at 3210 Pleasant owner Lyle Burley, Grove Road. Section 1248.07(b) of 3210 Pleasant Grove the Zoning Code requires a front yard setback of 31' 6" as established. The porch will extend 7' into the required front yard setback, 24.5' from the front lot line, requiring a variance of 7 feet. 2. OTHER COMMUNICATIONS 3. OLD BUSINESS 4. NEW BUSINESS 5. ADJOURN FOR SPECIAL ACCOMMODATIONS, PLEASE GIVE NOTICE 24 HOURS PRIOR TO THE MEETING BY CALLING LOUISE H. CHRISTIAN AT 483-4066 OR 483-4088 TDD. C:\WP\DATA\DZA\AGENDASP.993 MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS AUGUST 12 , 1993 , 7 : 30 P.M. :ITY HALL COUNCIL CHAMBERS 10TH FLOOR The meeting was called to order by Chair N. Carlson at 7 : 30 p.m. Roll call was taken. Present G. Hilts J. Sheldon N. Carlson Dr. Spink M. Clark H. LeBlanc H. P. Curran Absent Rev. Bicy Staff Jim Ruff, Zoning Administrator A quorum of seven members was present, allowing voting action to be taken at the meeting. Dr. Spink made a motion to modify the agenda to handle the hearings before the tabed items are addressed. Seconded by H.P. Curran. Approved unanimously. BZA-3268 - 1424 Vine St . This is a request by Robert C. Christel to construct an 18-ft. wide x 8 -ft . deep perch onto the front of the home. The porch would be approximately 9 ft . from the front property line. Section 1250 . 07 of the Zoning Code requires a front yard setback of 20 feet. An 11 ft . variance is requested. A presentation was made by J. Ruff . Two pieces of correspondence were presented. The first _s from Marian Simon, who has looked at the property and has spoken to the owner, Mr. Christel . She feels that the variance does not present a problem to adjacent properties and feels that the renovation would be an improvement to the area. The second is from Sharon Linninger, who owns 1430 Vine, and is in favor of the porch being added to the home. She states that it wc,.:ld in no way obstruct anyone' s view, or be a hazard to vehicles entering Vine Street. She feels the city needs more owner occupied homes . Mr. Christel spoke of his intention to make his home on Vine Street for the next fi=teen to twenty years , and to spruce up Vine Street . BOARD OF ZONING APPEALS MINUTES AUGUST 12 , 1993 - 2 Another letter was read, from Beth Monteith and Gary Novak, of 1445 Vine Street, who support the variance. They wrote of the property being vacant, and previous to that being a rental . They are in favor of the variance. M. Clark made a motion to approve BZA-3268 , on the basis that it is an improvement to the neighborhood, and the setback is in keeping with the established front yard setback of the neighborhood. Seconded by H.P. Curran. VOTE: yea nay yea nay Carlson X LeBlanc X Clark X Sheldon X Curran X Spink X Hilts X *Motion to approve BZA-3268 passed unanimously. BZA-3266 - 3525 S . M. L. King Blvd/Logan St . - - Tabled Appeal Request by Dan Johnson, Johnson Sign Co. for The Eyde Company, to allow a second wall sign on tenant space facades when one sign is allowed. Section 1442 .26 (c) . This multi -tenant structure has a number of tenants with exposure on the front and back sides of the building. This request would allow one wall sign each on the front and back sides of the building. Tabled until compliance on other Eyde Company Zoning Appeals is accomplished. J. Ruff brought the board up to date on this issue, and verified that compliance on other appeals has been accomplished. Dr. Spink inquired as to whether the other signs at this property are in compliance. J. ' Ruff stated that they were. H. P. Curran moved to remove BZA-3266 from the table. G. Hilts seconded. Motion to remove from table passed unanimously by voice vote. H. P. Curran made a motion to approve BZA-3266 , . on basis that request is reasonable, and will help direct people to the building from the street and parking lot. Seconded by H. LeBlanc. VOTE: yea nay yea nay Carlson X LeBlanc X Clark X Sheldon X Curran X Spink X Hilts X *Motion to approve BZA-3266 passed unanimously. BOARD OF ZONING APPEALS MINUTES AUGUST 12, 1993 - 3 Other Communications None from public. J. Ruff brought up several upcoming appeals , and explained briefly the current procedure for obtaining zoning information and how it mig-h-t affect the number of appeals . Approval of Minutes None Old Business None New Business None Adjournment Meeting was adjourned at 8 : 00 p.m. Respectfully Submitted James A. Ruff , Secretary Board of Appeals MINUTES OF THE REGULAR MEETING BOARb OF ZONING APPEALS AUGUST 12-.,_ 1993 , 7 : 30 P.M. E CITY HALL COUNCIL CHAMBERS 10TH FLOOR The meeting was called to order by Chair N. Carlson at 7 : 30 p.m. Roll call was taken. Present G. Hilts J. Sheldon N. Carlson Dr. Spink M. Clark H. LeBlanc H. P. Curran Absent Rev. Bicy Staff Jim Ruff, Zoning Administrator A quorum of seven members was present, allowing voting action to be taken at the meeting. Dr. Spink made a motion to modify the agenda to handle the hearings before the tabled items are addressed. Seconded by H.P. Curran. Approved unanimously. BZA-3268 - 1424 Vine St. This is a request by Robert C. Christel to construct an 18 -ft. wide x 8 -ft. deep porch onto the front of the home. The porch would be approximately 9 ft . from the front property line. Section 1250 . 07 of the Zoning Code requires a front yard setback of 20 feet. An 11 ft. variance is requested. A presentation was made by J. Ruff . Two pieces of correspondence were presented. The first is from Marian Simon, who has looked at the property and has spoken to the owner, Mr. Christel. She feels that the variance does not present a problem to adjacent properties and feels that the renovation would be an improvement to the area. The second is from Sharon Linninger, who owns 1430 Vine, and is in favor of the porch being added to the home. She states that it would in no way obstruct anyone' s view, or be a hazard to vehicles entering Vine Street. She feels the city needs more owner occupied homes . Mr. Christel spoke of his intention to make his home on Vine Street for the next fifteen to twenty years, and to spruce up Vine Street . BOARD OF ZONING APPEALS MINUTES AUGUST 12 1993 - 2 Another letter was read, from Beth Monteith and Gary Novak, of 1445 Vine Street, who support `the variance. They wrote of the property being vacant, and previous to that being a rental. They are in favor of the variance. M. Clark made a motion to approve BZA-3268 , on the basis that it is an improvement to the neighborhood, and the setback is in keeping with the established front yard setback of the neighborhood. Seconded by H.P. Curran. VOTE: yea nay yea nay Carlson X LeBlanc X Clark X Sheldon X Curran X Spink X Hilts X *Motion to approve BZA-3268 passed unanimously. BZA-3266 - 3525 S . M. L. King Blvd/Logan St . - - Tabled Appeal Request by Dan Johnson, Johnson Sign Co. for The Eyde Company, to allow a second wall sign on tenant space facades when one sign is allowed. Section 1442 . 26 (c) . This multi -tenant structure has a number of tenants with exposure on the front and back sides of the building. This request would allow one wall sign each on the front and back sides of the building. Tabled until compliance on other Eyde Company Zoning Appeals is accomplished. J. Ruff brought the board up to date on this issue, and verified that compliance on other appeals has been accomplished. Dr. Spink inquired as to whether the other signs at this property are in compliance. J. Ruff stated that they were. H.P. Curran moved to remove BZA-3266 from the table. G. Hilts seconded. Motion to remove from table passed unanimously by voice vote. H. P. Curran made a motion to approve BZA-3266 , on basis that request is reasonable, and will help direct people to the building from the street and parking lot. Seconded by H. LeBlanc. VOTE: yea nay yea nay Carlson X LeBlanc X Clark X Sheldon X Curran X Spink X Hilts X *Motion to approve BZA-3266 passed unanimously. BOARD OF ZONING APPEALS MINUTES AUGUST 12, 1993 - 3 Other Communications None from public. J. Ruff brought up several upcoming appeals , and explained briefly the current procedure for obtaining zoning information and how it might affect the number of appeals . Approval of Minutes None Old Business None New Business None Adjournment Meeting was adjourned at 8 : 00 p.m. Respectfully Submitted James A. Ruff, Secretary Board of Appeals MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS JULY 8, 1993 - 7 : 30 P.M. CITY HALL COUNCIL CHAMBERS LOTH FLOOR The meeting was called to order by Chair H. P. Curran at 7 : 30 p.m. Roll call was taken. Present Rev. Bicy G. Hilts N. Carlson J. Sheldon M. Clark Dr. Spink H. P. Curran H. LeBlanc Absent None Staff Jim Ruff , . Interim Zoning Administrator A quorum of eight members was present, allowing voting action to be taken at the meeting. BZA-3266 - 3525 S . Dr. Martin Luther King Jr. Blvd. /Logan St This is a request by Dan Johnson of Johnson Sign Co. for The Eyde Company, to allow a second wall sign on tenant space facades when one sign is allowed per Section 1442 . 12 (c) of the Zoning Code. The multi -tenant structure has a number of tenants with exposure on the front and back sides of the building. This request would allow one wall sign each on the front and back sides of the building. A presentation was made by J. Ruff . Dan Johnson spoke requesting approval of the appeal, due to the need of the tenants , who, due to the opening of the Kroger store, now have a side open to Holmes Rd. They need to identify their businesses , to help with the traffic flow. After favorable discussion by the board, Dr. Spink made a motion to table this appeal, until the owners come into compliance on another case. VOTE: yea nay yea nay Bicy X Hilts X Carlson X LeBlanc X Clark X Sheldon X Curran X Spink X *Motion to table BZA-3266 passed unanimously. BOARD OF ZONING APPEALS MINUTES JULY 8, 1993 - 2 BZA-3267 - 732 N. Seymour St. This is a request by Kirk Slater for M/M David Schiewes to construct a family room addition ;ncroaching into the rear (south) yard of this corner lot . variance of 14 , is requested; 25 , rear yard is required per Section 1258 . 09 of the Zoning Code. A presentation was made by J. Ruff . Kirk Slater, 4433 W. Saginaw, applicant, spoke concerning the construction of the project. David Schiewes, owner, spoke of the need of the family for more living space, and their desire to add a living area which will tie into the building. He also spoke of their desire to remain in the downtown area, where they have been living for seventeen years . Dr. Spink made a motion to approve BZA-3266 , seconded by J. Sheldon. VOTE: yea nay yea nay Bicy X Hilts X Carlson X LeBlanc X Clark X Sheldon X Curran X Spink X *Motion to approve BZA-3266 passed unanimously. The Board found, based upon testimony and evidence, that the proposed addition meets the lot coverage requirements , will upgrade the property, is a niminal encroachment beyond the existing building, and is supported by the neighborhood. A hardship and practical difficulty exists due wo the house' s situation on this corner lot. Communication RE: BZA-3261 Request from Renee L.W. Ellis for reconsideration of her appeal by a full nine member board. Dr. Spink spoke against requests fcr re-hearing in situations where there is no new information; M. Clark and J. Sheldon also spoke against this . H. P. Curran spoke in favor of home occupations , and of re-hearing an appeal, as long as the applicant is willing to reapply. Some discussion of reapplication without new information took place. A motion was made by H. LeBlanc to permit the applicant to reapply, and provide any new information. Seconded by G. Hilts . BOARD OF ZONING APPEALS MINUTES JULY 8 , 1993 - 3 VOTE: yea nay yea nay Bicy X Hilts X Carlson X LeBlanc X Clark X Sheldon X Curran X Spink X *Motion passed 6 to 2 Dr. Spink made a motion to rehear, in future, only reapplications which have solid new evidence. Motion seconded and passed unanimously. The statement read by the Chairperson at the beginning of the meeting shall be altered to reflect the motion. Approval of Minutes None. Old Business None New Business 1 . Resignation of Henry L. Green 2 . Election of Officers a) Dr. Spink moved to elect Nancy Carlson Chair, and Joan Sheldon Vice Chair. Seconded and passed unanimously. Adjournment Meeting was adjourned at 8 :40 p.m. Respectfully Submitted �'-�'0 14�r � ZZ/--W- /,/�—/— James A. Ruff, Secretary Board of Appeals MINUTES OF THE REGULAR MEETING BOAPJ� OF ZONING APPEALS JULY 8, 1993 - 7 : 30 P.M. CITY 'HALL 50UNCIL CHAMBERS 10TH FLOOR The meeting was called to order by Chair H. P. Curran at 7 : 30 p.m. Roll call was Laken. Present Rev. Bicy G. Hilts N. Carlson J. Sheldon M. Clark Dr. Spink H. P. Curran H. LeBlanc Absent None Staff Jim Ruff, Interim Zoning Administrator A quorum of eight members was present, allowing voting action to be taken at the meeting. BZA-3266 - 3525 S . Dr. Martin Luther King Jr Blvd./Logan St This is a request by Dan Johnson of Johnson Sign Co. for The Eyde Company, to allow a second wall sign on tenant space facades when one sign is allowed per Section 1442 . 12 (c) of the Zoning Code. The multi-tenant structure has a number of tenants with exposure on the front and back sides of the building. This request would allow one wall sign each on the front and back sides of the building. A presentation was made by J. Ruff . Dan Johnson spoke requesting approval of the appeal, due to the need of the tenants, who, due to the opening of the Kroger store, now have a side open to Holmes Rd. They need to identify their businesses , to help with the traffic flow. After favorable discussion by the board, Dr. Spink made a motion to table this appeal, until the owners come into compliance on another case. VOTE: yea nay yea nay Bicy X Hilts X Carlson X LeBlanc X Clark X Sheldon X Curran X Spink X *Motion to table BZA- 3266 passed unanimously. BOARD OF ZONING APPEALS MINUTES JULY 8 1993 - 2 BZA-3267 - 732 N. Seymour St. This is a request by Kirk Slater for M/M David Schiewes to construct a family room addition encroaching into the rear (south) yard of this corner lot. Variance of 14 ' is requested; 25 ' rear yard is required per Section 1258 . 09 of the Zoning Code. A presentation was made by J. Ruff . Kirk Slater, 4433 W. Saginaw, applicant, spoke concerning the construction of the project. David Schiewes , owner, spoke of the need of the family for more living space, and their desire to add a living area which will tie into the building. He also spoke of their desire to remain in the downtown area, where they have been living for seventeen years . Dr. Spink made a motion to approve BZA-3266 , seconded by J. Sheldon. VOTE: yea nay yea nay Bicy X Hilts X Carlson X LeBlanc X Clark X Sheldon X Curran X Spink X *Motion to approve BZA-3266 passed unanimously. The Board found, based upon testimony and evidence, that the proposed addition meets the lot coverage requirements , will upgrade the property, is a niminal encroachment beyond the existing building, and is supported by the neighborhood. A hardship and practical difficulty exists due to the house' s situation on this corner lot . Communication RE: BZA-3261 Request from Renee L.W. Ellis for reconsideration of her appeal by a full nine member board. Dr. Spink spoke against requests for re-hearing in situations where there is no new information; M. Clark and J. Sheldon also spoke against this . H.P. Curran spoke in favor of ome cis willing ato of re-hearing an appeal, as long as the applicant reapply. Some discussion of reapplication without new information took place. A motion was made by H. LeBlanc to permit the applicant to reapply, and provide any new information. Seconded by G. Hilts . BOARD OF ZONING APPEALS MINUTES JULY 8, 1993 - 3 VOTE: yea nay yea nay Bicy X Hilts X Carlson X LeBlanc X Clark X Sheldon X Curran X Spink X *Motion passed 6 to 2 Dr. Spink made a motion to rehear, in future, only reapplications which have solid new evidence. Motion seconded and passed unanimously. The statement read by the Chairperson at the beginning of the meeting shall be altered to reflect the motion. Approval of Minutes None. Old Business None New Business 1 . Resignation of Henry L. Green 2 . Election of Officers a) Dr. Spink moved to elect Nancy Carlson Chair, and Joan Sheldon Vice Chair. Seconded and passed unanimously. Adjournment Meeting was adjourned at 8 :40 p.m. Respectfully Submitted James A. Ruff, Secretary Board of Appeals Minutes of the Regular Meeting Board of Zoning Appeals June 10, 1993 - 7 : 30 PM City Hall Council Chambers Tenth Floor The meeting was called to order by Chair H. P. Curran at 7 : 32 PM. Roll call was taken. Present Absent Charles Bicy Mary Clark Nancy Carlson Henry Green H. P. Curran Grant Hilts Helen LeBlanc Joan Sheldon Edward Spink Staff Jim Ruff, Interim Zoning Administrator J. Ruff received a request from M. Clark for an excused absence. LeBlanc moved to excuse Clark for tonight ' s meeting. Second by Spink. Motion carried unanimously (6 - 0) . Six members were present representing a quorum so that voting action can be taken. Five favorable votes are required to approve any motion to approve a variance. Appeal #3261 - 901 West Mt. Hope Ave. This is a request by Renee L. W. Ellis to operate a one-chair beauty salon in her home at 901 W. Mt. Hope Ave . Section 1248 . 03 (e) (7 ) of the Zoning Code requires Board of Zoning Appeal authorization to utilize equipment in the operation of a home occupation that is not normally found in the home. Equipment such as the styling chair and the commercial hair dryer, in this case, are not common household items and must be approved for use. A presentation was made by J. Ruff. Renee Ellis spoke requesting approval of the request so that she could stay at home to do hair styling. She stated she would only serve one customer at a time and that clients could park and turn around on-site. LeBlanc moved to approve the request to allow the operation of a one-chair beauty salon with the equipment that is not normally found in the home subject to the following eight conditions : 1 . The owner shall not employ anyone not a resident at this address . 2 . No commodity shall be sold from the premises . 3 . Not more than twenty percent of the floor area of the building shall be used for the beauty salon. 4 . Not more than one styling chair shall be installed. 5 . Not more than one customer or family of customers ' vehicle BOARD OF ZONING APPEALS MINUTES JUNE 10, 1993 - PAGE 2 shall be parked on site at one time, thereby limiting the number of customer vehicles to one. 6 . No more than one non-illuminated sign, not to exceed one square foot in size will be allowed. 7 . No parking on the grass is allowed. 8 . Approval of this variance is both site- and applicant- specific. Second by Bicy. Yeas : Bicy, Carlson, Curran and LeBlanc. Nays : Sheldon, Spink. Appeal #3261 was DENIED due to the lack of favorable votes . Appeal #3262 - 7032 Kingdon Ave. This is a request by Julie Chelf of 7032 Kingdon Ave. to operate a one-chair beauty salon in her home. Section 1248 . 03(e) ( 7 ) of the Zoning Code requires Board of Zoning Appeal authorization to utilize equipment in the operation of a home occupation that is not normally found in the home. Equipment such as the styling chair and the commercial hair dryer, in this case, are not common household items and must be approved for use. The applicant proposes to construct an addition onto the rear of the home in order to have a separate room for the home occupation. A presentation was made by J. Ruff. LeBlanc moved. to approve the request to allow the operation of a one-chair beauty salon with the equipment that is not normally found in the home subject to the following eight conditions : 1 . The owner shall not employ anyone not a resident at this address . 2 . No commodity shall be sold from the premises . 3 . Not more than twenty percent . of the floor area of the building shall be used for the beauty salon. 4 . Not more than one styling chair shall be installed. 5 . Not more than one customer or family of customers ' vehicle shall be parked on site at one time, thereby limiting the number of customer vehicles to one. 6 . No more than one non-illuminated sign, not to exceed one square foot in size will be allowed. 7 . Approval of this variance is both site- and applicant- specific. Second by Bicy. Yeas : Bicy, Carlson, Curran and LeBlanc. Nays : Sheldon, Spink. Appeal #3262 was DENIED due to the lack of favorable votes . BOARD OF ZONING APPEALS MINUTES JUNE 10 , 1993 - PAGE 3 Appeal #3263 - 409 Crest Street This is a request by Terry and Jean Hulteen to add an enclosed porch onto the rear of their home at 409 Crest St. with a 10 ' rear yard setback. Section 1248 . 09 of the Zoning Code requires a rear yard setback of 301 . A variance of 20 ' is requested. A presentation was made by J. Ruff . Terry Hulteen, 409 Crest St. , requested approval of the petition in order to build the enclosed porch where a deck currently exists . Spink moved to approve the request to construct the 12 ' deep x 24 ' wide enclosed porch onto the rear of the home at 409 Crest St. with a 10 ' rear yard setback, a variance of Section 1248 . 09 . Second by Sheldon. Yeas : Bicy, Carlson, Curran, Hilts, LeBlanc, Sheldon and Spink. Nays : none. Appeal #3263 - APPROVED. The board believes, based on testimony and evidence, a practical difficulty exists due to the shallowness of the lot, side yard setbacks will be met and there will be little impact to adjacent properties . Appeal #3264 - 1401 Knollwood Avenue . This is a request by Robert Mireles to retain the existing 4 ' high stockade fence in the front yard of his home at 1401 Knollwood Ave. The house is located at the corner of Knollwood and Cross . Section 1292 . 03 (a) of the Zoning Code limits the height of fences in the front yard to 3 ' . A variance of one foot in height is requested. A presentation was made by J. Ruff. Robert Mireles, 1401 Knollwood Ave. , requested approval of the petition, reiterating the comments he submitted with the appeal . Ken Walsh, 7991 Market, Portland, Mi . , property owner, requested approval of the petition, stating that it is a positive addition to the property. phone communication was received from a neighbor, name unknown, in opposition to the request. Spink moved to approve the request to retain the 4 ' high stockade fence in the front yard of 1401 Knollwood Ave. subject to the following conditions : 1 . The fence be relocated out of the right-of-way and onto private property. BOARD OF ZONING APPEALS MINUTES JUNE 10 , 1993 - PAGE 4 2 . The fence be relocated out of the areas designated for clear vision adjacent to the applicants driveway as well as the neighbor' s driveway to the west. 3 . That the approval of---the fence shall not be viewed as a precedent for constructing other fences in front yards , but that each and every case shall be reviewed on its own merits . Second by Carlson. Yeas : Bicy, Carlson, LeBlanc, Sheldon and Spink. Nays : Curran. Appeal #3264 - APPROVED. The Board believes, based on testimony and evidence, that the situation of the small rear yard on this corner lot established a hardship for privacy and safety, and that the fence, if located properly, would not adversely impact the adjacent properties . Appeal #3265 - 3021 North Grand River Avenue This is a request by Michael Cooper to construct a six-foot high privacy fence in the front yard of his home at 3021 N. Grand River Ave. which is located on the corner of N. Grand River Ave. and Tecumseh River Rd. This is a requested variance of Section 1292 . 03(a) of the Zoning Code which allows fences a maximum height of three feet in front yards . A presentation was made by J. Ruff . Michael Cooper, 3021 N. Grand River Ave. , presented a video of the property and other similar corner properties to the Board and requested approval of the petition. The fence would provide a place to keep his dogs out of the view of neighbors, and a more private yard space . Bob Linton, 1719 Tecumseh River Rd. , spoke in opposition to the request . Rose Cooper, 302.1 N. Grand River Ave . , spoke regarding the purpose of the fence. Communications received and read into the record: • Ione Burke, 1700 Tecumseh River Rd. , supporting the appeal . • Victor Colthorp, 1711 Tecumseh River Rd. , opposed to the appeal . Bicy moved to deny the requested variance to install a six foot high fence in the front yard of 3021 N. Grand River Ave . Second by LeBlanc. Yeas : Bicy, Carlson, Curran, LeBlanc, Sheldon, and Spink. BOARD OF ZONING APPEALS MINUTES JUNE 10 1993 - PAGE 5 Nays : none . Appeal #3265 - DENIED. The Board believes , based upon testimony and evidence, that the extension of the fence into the front yard would adversely affect the integrity of the neighborhood, and that the fence could be reasonably be located out of the front yard. Minutes Two members present, LeBlanc and Bicy, were not members at the time, therefore the minutes from the February 11 , 1993 meeting could not be acted upon by the four remaining members . Chairperson Curran recommended the Board review them at the next meeting. Old Business J. Ruff reviewed the "Basic Training For Zoning Board of Appeals Members workshop held at Jackson Community College on March 25, 1993 . Board members LeBlanc, Carlson and Sheldon attended and were accompanied by Ruff . The workshop was sponsored by the Michigan Society of Planning Officials (MSPO) . J. Ruff reviewed the fence and hedge ordinance with the Board. Adjournment The meeting was adjourned at 9 :20 PM. Respectfully Submitted, James A. Ruff, Secretary Board of Zoning Appeals Minutes of the Regular Meeting Board of Zoning Appeals y k' June 10, 1993 - 7 :30 PM City Hall"-Council Chambers Tenth Floor cl The meeting was called to order by Chair H. P. Curran at 7 : 32 PM. Roll call was taken. Present Absent Charles Bicy Mary Clark Nancy Carlson Henry Green H. P. Curran Grant Hilts Helen LeBlanc Joan Sheldon Edward Spink Staff Jim Ruff, Interim Zoning Administrator J. Ruff received a request from M. Clark for an excused absence. LeBlanc moved to excuse Clark for tonight' s meeting. Second by Spink. Motion carried unanimously ( 6 - 0) . Six members were present representing a quorum so that voting action can be taken. Five favorable votes are required to approve any motion to approve a variance. Appeal #3261 - 901 West Mt. Hope Ave. This is a request by Renee L. W. Ellis to operate a one-chair beauty salon in her home at 901 W. Mt. Hope Ave. Section 1248 . 03 (e) ( 7 ) of the Zoning Code requires Board of Zoning Appeal authorization to utilize equipment in the operation of a home occupation that is not normally found in the home. Equipment such as the styling chair and the commercial hair dryer, in this case, are not common household items and must be approved for use. A presentation was made by J. Ruff . Renee Ellis spoke requesting approval of the request so that she could stay at home to do hair styling. She stated she would only serve one customer at a time and that clients could park and turn around on-site. LeBlanc moved to approve the request to allow the operation of a one-chair beauty salon with the equipment that is not normally found in the home subject to the following eight conditions : 1 . The owner shall not employ anyone not a resident at this address . 2 . No commodity shall be sold from the premises . 3 . Not more than twenty percent of the floor area of the building shall be used for the beauty salon. 4 . Not more than one styling chair shall be installed. 5 . Not more than one customer or family of customers ' vehicle BOARD OF ZONING APPEALS MINUTES JUNE 10, 1993 - PAGE 2 c shall be parked on site at one time, thereby limiting the number of customer vehicles to one. 6 . No more than one non-illuminated sign, not to exceed one square foot in size will be allowed. 7 . No parking on the grass is allowed. 8 . Approval of this variance is both site- and applicant- specific . Second by Bicy. Yeas : Bicy, Carlson, Curran and LeBlanc . Nays : Sheldon, Spink. Appeal #3261 was DENIED due to the lack of favorable votes . Appeal #3262 - 7032 Kingdon Ave. This is a request by Julie Chelf of 7032 Kingdon Ave. to operate a one-chair beauty salon in her home. Section 1248 . 03(e) ( 7 ) of the Zoning Code requires Board of Zoning Appeal authorization to utilize equipment in the operation of a home occupation that is not normally found in the home. Equipment such as the styling chair and the commercial hair dryer, in this case, are not common household items and must be approved for use. The applicant proposes to construct an addition onto the rear of the home in order to have a separate room for the home occupation. A presentation was made by J. Ruff . LeBlanc moved to approve the request to allow the operation of a one-chair beauty salon with the equipment that is not normally found in the home subject to the following eight conditions : 1 . The owner shall not employ anyone not a resident at this address . 2 . No commodity shall be sold from the premises . 3 . Not more than twenty percent of the floor area of the building shall be used for the beauty salon. 4 . Not more than one styling chair shall be installed. 5 . Not more than one customer or family of customers ' vehicle shall be parked on site at one time, thereby limiting the number of customer vehicles to one. .6 . No more than one non-illuminated sign, not to exceed one square foot in' size will be allowed. 7 . Approval of this variance is both site- and applicant- specific . Second by Bicy. Yeas : Bicy, Carlson, Curran and LeBlanc . Nays : Sheldon, Spink. Appeal #3262 was DENIED due to the lack of favorable votes . BOARD OF ZONING APPEALS MINUTES JUNE 10, 1993 - PAGE 3 Appeal #3263 - 409 Crest Street This is a request by Terry and Jean Hulteen to add an enclosed porch onto the rear of their home at 409 Crest St. with a 10 ' rear yard setback. Section 1248 . 09 of the Zoning Code requires a rear yard setback of 30 ' . A variance of 20 ' is requested. A presentation was made by J. Ruff . Terry Hulteen, 409 Crest St. , requested approval of the petition in order to build the enclosed porch where a deck currently exists . Spink moved to approve the request to construct the 12 ' deep x 24 ' wide enclosed porch onto the rear of the home at 409 Crest St. with a 10 ' rear yard setback, a variance of Section 1248 . 09 . Second by Sheldon. Yeas : Bicy, Carlson, Curran, Hilts, LeBlanc, Sheldon and Spink. Nays : none. Appeal #3263 - APPROVED. The board believes, based on testimony and evidence, a practical difficulty exists due to the shallowness of the lot, side yard setbacks will be met and there will be little impact to adjacent properties . Appeal #3264 - 1401 Knollwood Avenue. This is a request by Robert Mireles to retain the existing 4 ' high stockade fence in the front yard of his home at 1401 Knollwood Ave. The house is located at the corner of Knollwood and Cross . Section 1292 . 03 (a) of the Zoning Code limits the height of fences in the front yard to 3 ' . A variance of one foot in height is requested. A presentation was made by J. Ruff . Robert Mireles, 1401 Knollwood Ave. , requested approval of the petition, reiterating the comments he submitted with the appeal . Ken Walsh, 7991 Market, Portland, Mi . , property owner, requested approval of the petition, stating that it is a positive addition to the property. A phone communication was received from a neighbor, name unknown, in opposition to the request. Spink moved to approve the request to retain the 4 ' high stockade fence in the front yard of 1401 Knollwood Ave. subject to the following conditions : 1 . The fence be relocated out of the right-of-way and onto private property. BOARD OF ZONING APPEALS MINUTES JUNE 10, 1993 - PAGE 4 t 2 . The fence be relocated out of the areas designated for clear vision adjacent to the applicants driveway as well as the neighbor' s driveway to the west . 3 . That the approval of the fence shall not be viewed as a precedent for constructing other fences in front yards, but that each and every case shall be reviewed on its own merits . Second by Carlson. Yeas : Bicy, Carlson, LeBlanc, Sheldon and Spink. Nays : Curran. Appeal #3264 - APPROVED. The Board believes, based on testimony and evidence, that the situation of the small rear yard on this corner lot established a hardship for privacy and safety, and that the fence, if located properly, would not adversely impact the adjacent properties . Appeal #3265 - 3021 North Grand River Avenue This is a request by Michael Cooper to construct a six-foot high privacy fence in the front yard of his home at 3021 N. Grand River Ave. which is located on the corner of N. Grand River Ave. and Tecumseh River Rd. This is a requested variance of Section 1292 . 03 (a) of the Zoning Code which allows fences a maximum height of three feet in front yards . A presentation was made by J. Ruff . Michael Cooper, 3021 N. Grand River Ave. , presented a video of the property and other similar corner properties to the Board and requested approval of the petition. The fence would provide a place to keep his dogs out of the view of neighbors, and a more private yard space. Bob Linton, 1719 Tecumseh River Rd. , spoke in opposition to the request. Rose Cooper, 3021 N. Grand River Ave. , spoke regarding the purpose of the fence. Communications received and read into the record: • Ione Burke, 1700 Tecumseh River Rd. , supporting the appeal . • Victor Colthorp, 1711 Tecumseh River Rd. , opposed to the appeal . Bicy moved to deny the requested variance to install a six foot high fence in the front yard of 3021 N. Grand River Ave. Second by LeBlanc . Yeas : Bicy, Carlson, Curran, LeBlanc, Sheldon, and Spink. BOARD OF ZONING APPEALS MINUTES JUNE 10 1993 - PAGE 5 Nays : none . Appeal #3265 - DENIED. The Board believes, based upon testimony and evidence, that the extension of the fence into the front yard would adversely affect the integrity of the neighborhood, and that the fence could be reasonably be located out of the front yard. Minutes Two members present, LeBlanc and Bicy, were not members at the time, therefore the minutes from the February 11, 1993 meeting could not be acted upon by the four remaining members . Chairperson Curran recommended the Board review them at the next meeting. Old Business J. Ruff reviewed the "Basic Training For Zoning Board of Appeals Members" workshop held at Jackson Community College on March 25, 1993 . Board members LeBlanc, Carlson and Sheldon attended and were accompanied by Ruff . The workshop was sponsored by the Michigan Society of Planning Officials (MSPO) . J. Ruff reviewed the fence and hedge ordinance with the Board. Adjournment The meeting was adjourned at 9 : 20 PM. Respectfully Submitted, James A. Ruff, Secretary Board of Zoning Appeals LANSING BOARD OF ZONING- APPEALS_. ._..... �.= REGULAR MEETING �r� LANSING CITY HALL, TENTH FLOOR rQflUNCI.L ;' 'C �j1AZ JUNE 10, 1993 - 7 : 3Cf AGENDA 1 . Roll Call HEARINGS a . BZA-3261 One-chair beauty salon. Renee L. W. Ellis Variance to Section 901 West Mt . Hope 1248 . 03 (e) ( 7 ) . b. BZA-3262 One-chair beauty salon. Julie Chelf Variance to Section 7032 Kingdon 1248 . 03 (e) ( 7 ) . C . BZA-3263 To add enclosed porch on rear Terry & Jean Hulteen of home to within 10 ft. of 409 Crest Street rear yard property line . Code requires 30 feet . Variance to Section 1248 . 09 of Planning and Zoning Code . d. BZA-3264 Already-existing 4-foot high Robert Mireles stockade fence on corner lot 1401 Knollwood (Knollwood and Cross ) . Three- Avenue foot-high fence allowed. Variance to Section 1292 . 03 (a) . e. BZA-3265 Six-foot privacy fence in Michael Cooper front yard. Variance to 3021 North Grand Section 1292 . 03 (a) . River 2 . OTHER COMMUNICATIONS 3 . APPROVAL OF MINUTES 4 . OLD BUSINESS 5 . NEW BUSINESS 6 . ADJOURN C:\WP\DATA\BZA\AGENDA.JN3 Minutes of the Regular Meeting Board of Zoning Appeals March 11, 1993 - 7:30 P?'_ City Hall Council Chambers 10th Floor The meeting was called to order by Chair H.P. Curran at 7:30 PM. Roll call was taken. Present Absent Nancy Carlson None Mary Clark H.P. Curran Charles Green Grant Hilts Helen LeBlanc Joan Sheldon Edward Spink (Arrived at 7:35 PM) Staff James Ruff, Interim Zoning Administrator Introduction of New Member J. Ruff introduced Mr. Henry Green and welcomed him to the Board. Appeal #3252 - 5161 N. Grand River Avenue This is a request by Amor Sign Studios, Inc. representing Bulk Petroleum to permit a new 91 sq. ft. ground pole sign 23' tall replacing the existing sign. This is a request for a variance of 6' in height and 36 sq. ft. in sign area. A presentation was given by J. Ruff. Tom Amor of' Amor Sign Studios, Inc., 443 Water Street, Manistee, MI, reiterated the information submitted with the petition. Hilts motioned to deny the requested variance citing that the request did not demonstrate a hardship or practical difficulty. Second by Carlson. Yeas: Carlson, Clark, Curran, Green, Hilts, LeBlanc, Sheldon, Spink. Appeal #3252 DENIED. The Board could not 'find, based on testimony and evidence, that there was any particular hardship or practical difficulty that would justify approval of the size of the sign. The Board believes adequate signage was allowed for the site and adequate visibility exists for the permitted signage. Appeal #3257 - 333 E. Michigan Avenue This is a request by Hobbs & Black Associates, Inc. representing the City of Lansing to allow relocation of the existing Lansing Center, 333 E. Michigan Ave., B,'.A Minutes March 11, 1993 ground pole sign from its E. Michigan Ave. location to the southwest corner of Cedar Street and Museum Drive in connection with the Lansing Center expansion. The sign will be 26'2" tall, 150 sq. ft. in area, 8'± from the Cedar Street lot line and 10'± from the Museum Dr. lot line. Section 1442.12(7) of the Sign Code allows institu- tional signs to be 8' tall, have 5t7'sq. ft. in area and requires a 28' setback for this size sign. Variances of 18'2" in height, 100 sq. ft. in area, 20' setback from Cedar St. and 18' setback from Museum Dr. are requested. A presentation was given by J. Ruff. Bob Smith of Hobbs & Black, 215 S. Washington Square, spoke representing the Tax Increment Finance Authority for the petition. Emerson Ohl, Director of Economic Development Corporation, City Hall, spoke regarding the purpose and needed relocation of the sign. Green motioned to approve the requested sign variances. Second by Hilts. Yeas: Carlson, Curran, Green, Hilts, LeBlanc, Sheldon. Nays: Clark, Spink. Y Appeal #3257 APPROVED The Board believes based on testimony and evidence, the proposed location of the sign to be reasonable, given the existing topography and the internal circulation pattern of the parking lot and the need to identify the entrance to this regional facility's parking lot. Appeal #3258 - 6041 S. Cedar Street This is a request by Chris Haddad, owner of 6041 S. Cedar Street, to construct new signage to replace the existing Amoco/Dawn Donuts signage with Amoco/Dunkin' Donuts signage. Section 1442.13 of the sign code allows two wall signs and five are requested. A variance of three additional wall signage is requested. Also, two ground/pole signs are requested when one ground/pole sign is allowed according to Section 1442.26. A variance allowing an additional ground/pole sign is requested. Finally, both signs proposed require setback variances. A ground/pole sign 26' high, 0' from the Cedar Street lot line and 18' from the Miller Road lot line is proposed for the northeast corner of Cedar Street and ?filler Roa?. This sign requires variances of Section 1442.12(h) (8) of 26' for the setback from the Cedar Street lot line and 8' for the setback from the Miller Road lot line. The second sign, to be located in the southeast corner of the site is proposed to be located 0' from the Miller Road lot line. A variance of 17' is requested from the setback requirement of Section 1442.12(h) (8) . A presentation was given by J. Ruff. Chris Haddad of 6041 S. Cedar Street requested approval of the variances and spoke regarding the needs for signage. Glen Remus of 4316 Buckingham, Royal Oak, MI, representing Dunkin Donuts requested approval of the variances. Green motioned to deny the requests as proposed but further motioned to approve all the signs variances with exception of the allowance of the second ground/pole sign, proposed for the southeast corner of the site. Second by Hilts. BZA `:inutes *larch 11, 1993 3 Yeas: Clark, Curran, Green, Hilts, LeBlanc, Sheldon. Nays: Spink, Carlson. Appeal #3258 DENIED AS FILED & APPROVED AS MODIFIED.. The Board believes, based on testimony and evidence, that the variance significantly reduces the area of signage on the site yet could not find justification for the second ground/pole sign. Also, the Board believes Miller Road acts as a minor arterial between Cedar and Pennsylvania Avenue justifying the variances for the additional wall signs. The petitioner requests that the allowable directional signage for the entrances and exits be allowed to have business identification. Green motioned to consider the request as an amendment. Second by Clark. Motion approved unanimously. Clark motioned to deny the request to allow business identification on directional signs believing it would set precedent. Second by LeBlanc. Motion approved unanimously, (8 yeas, 0 nays) . Appeal #3259 - 2805 Fauna Avenue This is a request by Thomas and Shannon Lovaas to construct a 6' deep porch across the front of their home (34' wide) at 2805 Fauna Avenue. The porch, if permitted, will be 20.7' from the front property line. Section 1248.07(b) of the Zoning Code requires a setback of 28.7' as established. This is a requested variance of eight feet (8') . A presentation was given by J. Ruff. Thomas Lovaas requested approval of the petition. Green motioned to approve the requested frontyard setback variance of 8' . Second by Spink. ?lotion approved unanimously, (8 yeas, 0 nays) . Appeal #3259 APPROVED The Board believes based on testimony and evidence, that the variance approval will allow an improvement that is compatible with the surrounding land uses and will not adversely affect circulation patterns, the environment or general patterns of development. Appeal #5260 - 1501 W. Mt. Hope This is a request by Amor Sign Studios, Inc. representing Bulk Petroleum to permit the construction of a new 91 sq. ft., 23' tall ground pole sign 17' from the front property line on property at 1501 W—Mt. Hope Avenue. Section 1442.12(h) (5) allows L'ZA "inu--es March 1_ , 1993 4 for a sign 55 sq. ft. in size and 17' tall to be located 17' from the front property line. A variance of 6' in height and 36 sq. ft. in sign area is requested. A presentation was given by J. Ruff. Tom Amor of Amor Signs Studiosy_443 Water Street, Manistee, MI, spoke requesting approval of the variance petition, reiterating what he had submitted with the petition. Communications were received from: — Janet M. Pohl, 2100 Quentin Ave. , opposed to petition. — K. Storm, 1534 Lenore, opposed to petition. — Richard & Doris Mann, 1506 W. Mt. Hope, if approved they request tax decrease. — Donald & Caroline Brigham, 1510 W. Mt. Hope, if approved they request tax decreases. Clark moved to deny the petition for height and area variances for the proposed sign. Second by Hilts. Yeas: Carlson, Clark, Curran, Hilts, LeBlanc, Sheldon, Spink. Nays: Green. Appeal #3260 DENIED The Board believes, based on testimony and evidence, that available options existed in order to meet code requirements finding no justification for granting the petition. Other Communications None. Minutes Spink moved to table the minutes of February 11 , 1993 until the regular meeting in April in order to allow the members further review. Second by Carlson. Carried unanimously. Old Business None. New Business None. Adjournment There being no further business, the meeting adjourned at 10:10 PM. James A. Ruff Secretary Board of Zoning Appeals Minutes of the Regular Meeting { Board of Zoning Appeals March--11; 1993 - 7:30 PM ,.City Hall, C ui,r, l Chambers loth Floor The meeting was called to order by Chair H.P. Curran at 7:30 PM. Roll call was taken. Present Absent Nancy Carlson None Mary Clark H.P. Curran Charles Green Grant Hilts Helen LeBlanc Joan Sheldon Edward Spink (Arrived at 7:35 PM) Staff James Ruff, Interim Zoning Administrator Introduction of New Member J. Ruff introduced Mr. Henry Green and welcomed him to the Board. Appeal #3252 - 5161 N. Grand River Avenue This is a request by Amor Sign Studios, Inc. representing Bulk Petroleum to permit a new 91 sq. ft. ground pole sign 23' tall replacing the existing sign. This is a request for a variance of 6' in height and 36 sq. ft. in sign area. A presentation was given by J. Ruff. Tom Amor of Amor Sign Studios, Inc., 443 Water Street, Manistee, MI, reiterated the information submitted with the petition. Hilts motioned to deny the requested variance citing that the request did not demonstrate a hardship or practical difficulty. Second by Carlson. Yeas: Carlson, Clark, Curran, Green, Hilts, LeBlanc, Sheldon, Spink. Appeal #3252 DENIED. The Board could not find, based on testimony and evidence, that there was any particular hardship or practical difficulty that would justify approval of the size of the sign.. The Board believes adequate signage was allowed for the site and adequate visibility exists for the permitted signage. Appeal #3257 - 333 E. Michigan Avenue This is a request by Hobbs & Black Associates, Inc. representing the City of Lansing to allow relocation of the existing Lansing Center, 333 E. Michigan Ave., BZA Minutes March 11, 1993 2 ground pole sign from its E. Michigan Ave. location to the southwest corner of Cedar Street and Museum Drive in connection with the Lansing Center expansion. The sign will be 26'2" tall, 150 sq. ft. in area, 8'± from the Cedar Street lot line and 10'± from the Museum Dr. lot line. Section 1442.12(7) of the Sign Code allows institu- tional signs to be 8' tall, have 50 sq. ft. in area and requires a 28' setback for this size sign. Variances of 18'2" in height, 100 sq. ft. in area, 20' setback from Cedar St. and 18' setback from Museum Dr. are requested. A presentation was given by J. Ruff. Bob Smith of Hobbs & Black, 215 S. Washington Square, spoke representing the Tax Increment Finance Authority for the petition. Emerson Ohl, Director of Economic Development Corporation, City Hall, spoke regarding the purpose and needed relocation of the sign. Green motioned to approve the requested sign variances. Second by Hilts. Yeas: Carlson, Curran, Green, Hilts, LeBlanc, Sheldon. Nays: Clark, Spink. Appeal #3257 APPROVED The Board believes based on testimony and evidence, the proposed location of the sign to be reasonable, given the existing topography and the internal circulation pattern of the parking lot and the need to identify the entrance to this regional facility's parking lot. Appeal #3258 - 6041 S. Cedar Street This is a request by Chris Haddad, owner of 6041 S. Cedar Street, to construct new signage to replace the existing Amoco/Dawn Donuts signage with Amoco/Dunkin' Donuts signage. Section 1442.13 of the sign code allows two wall signs and five are requested. A variance of three additional wall signage is requested. Also, two ground/pole signs are requested when one ground/pole sign is allowed according to Section 1442.26. A variance allowing an additional ground/pole sign is requested. Finally, both signs proposed require setback variances. A ground/pole sign 26' high, 0' from the Cedar Street lot line and 18' from the Miller Road lot line is proposed for the northeast corner of Cedar Street and Miller Road. This sign requires variances of Section 1442.12(h) (8) of 26' for the setback from the Cedar Street lot line and 8' for the setback from the Miller Road lot line. The second sign, to be located in the southeast corner of the site is proposed to be located 0' from the Miller Road lot line. A variance of 17' is requested from the setback requirement of Section 1442.12(h) (8) . A presentation was given by J. Ruff. Chris Haddad of 6041 S. Cedar Street requested approval of the variances and spoke regarding the needs for signage. Glen Remus of 4316 Buckingham, Royal Oak, MI, representing Dunkin Donuts requested approval of the variances. Green motioned to deny the requests as proposed but further motioned to approve all the signs variances with exception of the allowance of the second ground/pole sign, proposed for the southeast corner of the site. Second by Hilts. BZA Minutes March 11, 1993 3 Yeas: Clark, Curran, Green, Hilts, LeBlanc, Sheldon. Nays: Spink, Carlson. Appeal #3258 DENIED AS FILED & APPROVED AS MODIFIED. The Board believes, based on testimony and evidence, that the variance significantly reduces the area of signage on the site yet could not find justification for the second ground/pole sign. Also, the Board believes Miller Road acts as a minor arterial between Cedar and Pennsylvania Avenue justifying the variances for the additional wall signs. The petitioner requests that the allowable directional signage for the entrances and exits be allowed to have business identification. Green motioned to consider the request as an amendment. Second by Clark. Motion approved unanimously. Clark motioned to deny the request to allow business identification on directional signs believing it would set precedent. Second by LeBlanc. Motion approved unanimously, (8 yeas, 0 nays) . Appeal #3259 - 2805 Fauna Avenue This is a request by Thomas and Shannon Lovaas to construct a 6' deep porch across the front of their home (34' wide) at 2805 Fauna Avenue. The porch, if permitted, will be 20.7' from the front property line. Section 1248.07(b) of the Zoning Code requires a setback of 28.7' as established. This is a requested variance of eight feet (8') . A presentation was given by J. Ruff. Thomas Lovaas requested approval of the petition. Green motioned to approve the requested frontyard setback variance of 8' . Second by Spink. Motion approved unanimously, (8 yeas, 0 nays) . Appeal #3259 APPROVED The Board believes based on testimony and evidence, that the variance approval will allow an improvement that is compatible with the surrounding land uses and will not adversely affect circulation patterns, the environment or general patterns of development. Appeal #5260 - 1501 W. Mt. Hope This is a request by Amor Sign Studios, Inc. representing Bulk Petroleum to permit the construction of a new 91 sq. ft. , 23' tall ground pole sign 17' from the front property line on property at 1501 W. Mt. Hope Avenue. Section 1442.12(h) (5) allows BZA Minutes March 11, 1993 4 for a sign 55 sq. ft. in size and 17' tall to be located 17' from the front property line. A variance of 6' in height and 36 sq. ft. in sign area is requested. c A presentation was given by J. Ruff. Tom Amor of Amor Signs Studios, 443 Water Street, Manistee, MI, spoke requesting approval of the variance petition, reiterating what he had submitted with the petition. Communications were received from: - Janet M. Pohl, 2100 Quentin Ave. , opposed to petition. - K. Storm, 1534 Lenore, opposed to petition. - Richard & Doris Mann, 1506 W. Mt. Hope, if approved they request tax decrease. - Donald & Caroline Brigham, 1510 W. Mt. Hope, if approved they request tax decreases. Clark moved to deny the petition for height and area variances for the proposed sign. Second by Hilts. Yeas: Carlson, Clark, Curran, Hilts, LeBlanc, Sheldon, Spink. Nays: Green. Appeal #3260 DENIED The Board believes, based on testimony and evidence, that available options existed in order to meet code requirements finding no justification for granting the petition. Other Communications None. Minutes Spink moved to table the minutes of February 11, 1993 until the regular meeting in April in order to allow the members further review. Second by Carlson. Carried unanimously. Old Business None. New Business None. Adjournment There being no further business, the meeting adjourned at 10:10 PM. James A. Ruff Secretary Board of Zoning Appeals Minutes of the Regular Meeting Board of Zoning Appeals February 11 , 1993 - 7 : 30 PM City Hall Council Chambers Tenth Floor The meeting was called to order by Chair H. P . Curran at 7 : 34 PM. Roll call was taken. Present Nancy Carlson Mary Clark H. P . Curran Grant Hilts Joan Sheldon Ed Spink Staff Jim Ruff, Senior Planner Six members were present representing a quorum so that voting action can be taken. Five votes are required to approve or deny an appeal . Appeal #3253 - 129 Lathrop Street This is a request by Tim McCarthy of McCarthy Construction representing Richard and Stephanie Imgrund. They wish to extend their front porch north in' line with the existing front line. The property is zoned "C" Residential, on a lot 54 ' wide x 132 ' deep. They have recently acquired 21 feet of land to the north of their property, and they want to add some improvements now that they have the room. The porch line is only 14 feet from the front property line; code requires a minimum of 20 feet. Addition of the porch is an exr)ansion of the building footprint, so a six-foot variance is requested. The established setback is approximately 14 feet, in line with nearby properties, so it does not adversely impact the pattern of development in the area. Staff recommends approval . TIM McCARTHY, McCARTHY CONSTRUCTION, 1223 VICTORIA DRIVE. The porch will not come any closer to the street than it is now. It will wrap around the corner of the house, like an ell-shaped farm house porch. It will be roofed over and will improve the appearance of the house and of the neighborhood. The new deck on the north side of the house will not be covered. RICHARD IMGRUND, OWNER, 129 LATHROP STREET. The porches of the properties on either side of us extend closer to the street than ours . One is about two feet closer, than ours . COMMUNICATION FROM SUE BUTLER, 205 LATHROP, a phone call in support of the request. Mr. Spink made a motion, seconded by Ms . Clark, that Appeal T#3253 at 129 Lathrop Street be approved because to maintain a 20 ' setback, the porch could not be built. A one-foot deep porch is BOARD OF ZONING APPEALS MINUTES FEBRUARY 11 , 1993 - PAGE 2 not appropriate. Yeas six, nays , 0 . Appeal #3253 at 129 Lathrop Street was APPROVED. Appeal #3254 - 1917 West Saginaw. This is a request by Ken and Tina Ashbrook, owners of the property at 1917 West Saginaw, to construct an addition onto the side of their existing structure, maintaining the existing 6 . 5 ' rear yard setback. The property, used for computer sales and service, is zoned "F" Commercial, which requires a 25 ' rear yard setback. The property was formerly developed as a gas station but has been remodeled. The property is 144 feet wide x 105 feet deep, rectangular. Uses along Saginaw are primarily commercial; behind that to the south of the building is residential zoning and land use. The River Island Master Plan designates the property for commercial use. The staff recommends approval of the requested variance with the condition that storm water runoff be directed away from the adjoining residential properties . The request should not adversely impact the existing development of the area and will result in an efficient site plan. The roof line slopes to the south, so it should be properly guttered to channel the rain water runoff away from residential properties . Existing paving will remain; there will be no additional paving. Some curb cuts will be reorganized for a better circulation pattern. The building is only one story and should have no negative impact on residential neighbors . KEN ASHBROOK, 1632 W. HERBISON, DeWITT. We need the extra space for warehousing. We have put a six-foot fence across the entire backyard and along the eastside. To the east and southeast is commercial, even on the back side . There is one rental property that would be behind the new addition, owned by Ken Smith, who sold me the commercial property. He is fully aware of the addition and has no problem with it. I also have a letter from the President of Old Oakland Neighborhood Association, in favor of our petition. Our intention is to beautify the site . After the addition, we plan to blacktop and enclose the bins . There are two dumpsters at present because we have changed trash haulers . Waste Management has brought their dumpster; . Granger has not as yet picked up their dumpster. When we are finished, there will be only one dumpster. COMMUNICATIONS FROM WILLIAM HANDY AND FRED COCHRAN, 1905 WEST SAGINAW. No objection. CHRIS NICHOLOFF, PRESIDENT OF ' OLD OAKLAND NEIGHBORHOOD ORGANIZATION. Letter in support. Mr. Spink made a motion, seconded by Ms . Sheldon, to approve Appeal T3253 at 1917 West Saginaw, subject to the condition that storm water runoff be directed away from the adjoining properties . The request should not adversely impact the existing area development BOARD OF ZONING APPEALS MINUTES FEBRUARY 11 , 1993 - PAGE 3 and will result in an efficient site plan. The continuation of the back line of the building seems appropriate and the comments of the neighborhood and neighborhood association are positive. Yeas six; nays 0; Appeal #3253 was APPROVED. Appeal -3255 , 3601 Homewood. This is an appeal by Amy Jo Bateman, 3601 Homewood, to construct an open carport onto her home at the above address . She wishes to construct the carport up to the side property line, which is approximately 11 . 5 or 12 feet away from the home. The property is zoned "A" Residential; it is 45 ' x 1051 , rectangular. It is in a single family residential neighborhood, in the southeast portion of the City off Pennsylvania Avenue. The applicant intends to build the carport so that posts would be just outside the driveway. In doing so, they would be right up to the property line. Carports are required to be three feet from the property line and six feet from adjoining or neighboring residential structures . This appeal, if granted, would allow the carport to be right up to the property line, only five feet from the adjoining house. Six feet is necessary for reasons of construction and for fire safety purposes . The staff has recommended that the request be denied as filed, and instead recommend a two-foot variance so that the carport can still be constructed, with a setback that would allow the six-foot distance as well as allow for gutters , etc . It would require that the posts be cut into the driveway. It would still allow a car to park. There are some hardship problems with the property, based upon construction in the rear yard just behind the home, with a shed as well as a birch tree. We have two letters from the applicant, one from the adjoining neighbor without opposition to the proposal, and one a real estate manager as information for the Board. I do have some pictures of the property. The letters will be helpful for part of the reasoning behind this request. Staff was asked about the difficulty of cutting posts into the existinc concrete. Mr. Ruff said it can be done but it is obviously easier not to have to go through the concrete. That means putting the carport right on the property line. The neighboring house has some windows facing the carport. That would of fect available air, light, especially in the summer months . That neighbor has no opposition. AMY JO BATEMAN, 3601 HOMEWOOD. The posts will be placed in the driveway and not next to the driveway. The carport will be on the south side of the house, not the north. The neighbor' s windows are on the north side of the house. They never open their blinds anyway, so it won't matter. The carport will be to the edge of the property. To the edge of the driveway is the edge of the property. Ms . Curran asked Ms . Bateman if staff had discussed with her the change in the variance, because staff would not support the BOARD OF ZONING APPEALS MINUTES FEBRUARY 11 , 1993 - PAGE 4 original request but would support two feet in from the edge of the driveway, to maintain six feet between the structures . Ms . Bateman said there is five feet between the driveway and the house next door. So if the posts were in the driveway, there would be five feet from the posts to the house next door. COMMUNICATIONS : LETTER FROM BERNICE F. MOORE, NEXT DOOR NEIGHBOR. No objection to the carport. LETTER FROM VIP REAL ESTATE & MANAGEMENT CORP. , CLINTON C . VAN NOCKER, GENERAL MANAGER. Chairman Curran read the entire letter which stated that the carport would not be cost effective. Ms . Clark asked if the proposed carport would be open on all sides except the wall of the house; Ms . Bates said yes . Mr. Spink said the code was recently changed to allow a three-foot setback from the property line for carports . The distance should not be reduced further. It is not necessarily these two property owners . We should look at the future, especially regarding water runoff. Ms . Bateman said gutters will take care of water runoff . Ms . Clark said the area is 'already congested, and this will bring houses even closer together. Historically, a problem with carports is that eventually they are enclosed. Enclosure worsens encroachments on air, space and light available to 'neighboring properties . Mr. Spink made a motion, seconded by Ms . Sheldon, to deny Appeal '3255 because it would crowd the residential properties even more and does not provide the necessary dist�anc'e between structures . A. ; yes vote would be in favor of the motion to deny. Xeas , six; nays 0 . Appeal 7#13255 , 3601 Homewood, has been DENIED. Appeal m3256 , 200 Block N. Homer Street, D. L. Kesl-er. This is a request by D. L. Kesler Construction Company to build an 8 , 000 sq. ft. commercial building 10 ' from- the 'rear lot line. The property, vacant at present, measures 149 . 45 ' deep x 193 .5 ' wide and is zoned "F" Commercial, as are surrounding properties . The applicant proposes to locate this building toward the northeast portion of the property to orient it to the one-way traffic on Homer and to provide parking and access to an easement over the property for northbound and southbound access to Clippert Street . The staff recommends the 15 ' requested rear yard variance be granted. No adverse impact is anticipated. FRED DAWE STEIN HINKLE DAWE WOOD & JOHNSON, ARCHITECTS . The drive to the south will be eliminated and the retaining wall will be reconstructed. BOARD OF ZONING APPEALS MINUTES FEBRUARY 11, 1993 - PAGE 5 Mr. Spink made a motion, seconded by Mr. Hilts , to approve Appeal '3256 for a 15 ' variance from the rear yard setback. Granting the variance will complete development of this block, make efficient use of the site, and orient visitors towards the flow of traffic, which is one-way along Homer and the expressway, and two-way along Clippert. Yeas six, nays 0; Appeal 7#3256 , 200 Block N. Homer is APPROVED. OTHER COMMUNICATION Mr. Ruff announced a workshop presented by the Michigan Society of Planning Officials , Basic Training for Board of Zoning Appeals , to be held March 25, 1993, 1 : 30-5 : 30 p.m. at Jackson Community College in Jackson. Mr. Ruff noted the extended appeal description on the agenda, for members ' convenience in visiting the appeal sites prior to the meeting. He will also mail agendas in advance of the meeting. APPROVAL OF MINUTES OF JANUARY 14 , 1993 . Mr. Hilts made a motion, seconded by Ms . Carlson, to approve the minutes of January 14, 1993 as printed; yeas six; nays 0; APPROVED. OLD BUSINESS None . NEW BUSINESS Ms . Curran noted, when she was elected Chairman, that Mr. Wright was elected Vice Chairman. She may be unable to attend the March meeting. Mr. Spink made a motion, seconded by Mr. Hilts, naming Ms . Carlson as Vice Chairman; yeas , six; nays 0; APPROVED. ADJOURNMENT The meeting adjourned at 8 : 30 p.m. -M hates of the Regular Meeting DRAtcr Board of Zoning Appeals February 11, 1993 - 7 : 30 PM C.ity,:Hal�l tJC��muncil Chambers Tenth Floor ` The meeting was called to order by Chair H. P. Curran at 7 : 34 PM. Roll call was taken. Present Nancy Carlson Mary Clark H. P . Curran Grant Hilts Joan Sheldon Ed Spink Staff Jim Ruff, Senior Planner Six members were present representing a quorum so that voting action can be taken. Five votes are required to approve or deny an appeal . Appeal #3253 - 129 Lathrop Street This is a request by Tim McCarthy of McCarthy Construction representing Richard and Stephanie Imgrund. They wish to extend their front porch north in line with the existing front line. The property is zoned "C" Residential , on a lot 54 ' wide x 132 ' deep. They have recently acquired 21 feet of land to the north of their property, and they want to add some improvements now that they have the room. The porch line is only 14 feet from the front property line; code requires a minimum of 20 feet . Addition of the porch is an expansion of the building footprint, so a six-foot variance is . requested. The established setback is approximately 14 feet, in line with nearby properties , so it does not adversely impact the pattern of development in the area. Staff recommends approval . TIM McCARTHY, McCARTHY CONSTRUCTION, 1223 VICTORIA DRIVE. The porch will not come any closer to the street than it is now. It will wrap around the corner of the house, like an ell-shaped farm house porch. It will be roofed over and will improve the appearance of the house and of the neighborhood. The new deck on the north side of the house will not be covered. RICHARD IMGRUND, OWNER, 129 LATHROP STREET. The porches of the properties on either side of us extend closer to the street than ours . One is about two feet closer than ours . COMMUNICATION FROM SUE BUTLER, 205 LATHROP, a phone call in support of the request. Mr. Spink made a motion, seconded by Ms . Clark, that Appeal #3253 at 129 Lathrop Street be approved because to maintain a 20 ' setback, the porch could not be built. A one-foot deep porch is BOARD OF ZONING APPEALS MINUTES FEBRUARY 11 , 1993 - PAGE 2 not appropriate. Yeas six, nays , 0 . Appeal #3253 at 129 Lathrop Street was APPROVED. Appeal #3254 - 1917 West Saginaw. This is a request by Ken and Tina Ashbrook, owners of the property at 1917 West Saginaw, to construct an addition onto the side of their existing structure, maintaining the existing 6 . 5 ' rear yard setback. The property, used for computer sales and service, is zoned "F" Commercial, which requires a 25 ' rear yard setback. The property was formerly developed as a gas station but has been remodeled. The property is 144 feet wide x 105 feet deep, rectangular. Uses along Saginaw are primarily commercial; behind that to the south of the building is residential zoning and land use . The River Island Master Plan designates the property for commercial use . The staff recommends approval of the requested variance with the condition that storm water runoff be directed away from the adjoining residential properties . The request should not adversely impact the existing development of the area and will result in an efficient site plan. The roof line slopes to the south, so it should be properly guttered to channel the rain water runoff away from residential properties . Existing paving will remain; there will be no additional paving. Some curb cuts will be reorganized for a better circulation pattern. The building is only one story and should have no negative impact on residential neighbors . KEN ASHBROOK, 1632 W. HERBISON, DeWITT. We need the extra space for warehousing. We have put a six-foot fence across the entire backyard and along the eastside. To the east and southeast is commercial, even on the back side . There is one rental property that would be behind the new addition, owned by Ken Smith, who sold me the commercial property. He is fully aware of the addition and has no problem with it . I also have a letter from the President of Old Oakland Neighborhood Association, in favor of our petition. Our intention is to beautify the site. After the addition, we plan to blacktop and enclose the bins . There are two dumpsters at present because we have changed trash haulers . Waste Management has brought their dumpster; Granger has not as yet picked up their dumpster. When we are finished, there will be only one dumpster. COMMUNICATIONS FROM WILLIAM HANDY AND FRED COCHRAN, .1905 WEST SAGINAW. No objection. CHRIS NICHOLOFF, PRESIDENT OF OLD OAKLAND NEIGHBORHOOD ORGANIZATION. Letter in support . Mr. Spink made a motion, seconded by Ms . Sheldon, to approve Appeal #3253 at 1917 West Saginaw, subject to the condition that storm water runoff be directed away from the adjoining properties . The request should not adversely impact the existing area development BOARD OF ZONING APPEALS MINUTES FEBRUARY 11, 1993 - PAGE 3 and will result in an efficient site plan. The continuation of the s back line of the building seems appropriate and the comments of the neighborhood and neighborhood association are positive. Yeas six; nays 0; Appeal #3253 was APPROVED. Appeal #3255 , 3601 Homewood. This is an appeal by Amy Jo Bateman, 3601 Homewood, to construct an open carport onto her home at the above address . She wishes to construct the carport up to the side property line, which is approximately 11 . 5 or 12 feet away from the home . The property is zoned "A" Residential; it is 45 ' x 1051 , rectangular. It is in a single family residential neighborhood, in the southeast portion of the City off Pennsylvania Avenue. The applicant intends to build the carport so that posts would be just outside the driveway. In doing so, they would be right up to the property line. Carports are required to be three feet from the property line and six feet from adjoining or neighboring residential structures . This appeal, if granted, would allow the carport to be right up to the property line, only five feet from the adjoining house. Six feet is necessary for reasons of construction and for fire safety purposes . The staff has recommended that the request be denied as filed, and instead recommend a two-foot variance so that the carport can still be constructed, with a setback that would allow the six-foot distance as well as allow for gutters, etc . It would. require that the posts be cut into the driveway. It would still allow a car to park. There are some hardship problems with the property, based upon construction in the rear yard just behind the home, with a shed as well as a birch tree . We have two letters from the applicant, one from the adjoining neighbor without opposition to the proposal, and one a real estate manager as information for the Board. I do have some pictures of the property. The letters will be helpful for part of the reasoning behind this request. Staff was asked about the difficulty of cutting posts into the existing concrete . Mr. Ruff said it can be done but it is obviously easier not to have to go through the concrete. That means putting the carport right on the property line. The neighboring house has -some windows facing the carport. That would of fect available air, light, especially in the summer months . That neighbor has no opposition. AMY JO BATEMAN, 3601 HOMEWOOD. The posts will be placed in the driveway and not next to the driveway. The carport will be on the south side of the house, not the north. The neighbor' s windows are on the north side of the house . They never open their blinds anyway, so it won't matter. The carport will be to the edge of the property. To the edge of the driveway is the edge of the property. Ms . Curran asked Ms . Bateman if staff had discussed with her the change in the variance, because staff would not support the BOARD OF ZONING APPEALS MINUTES FEBRUARY 11 , 1993 - PAGE 4 original request but would support two feet in from the edge of the IF driveway, to maintain six feet between the structures . Ms . Bateman said there is. five feet between the driveway and the house next door. So if the posts were in the driveway, there would be five feet from the posts to the house next door. COMMUNICATIONS : LETTER FROM BERNICE F. MOORE,. NEXT DOOR NEIGHBOR. No objection to the carport. LETTER FROM VIP REAL ESTATE & MANAGEMENT CORP. , CLINTON C. VAN NOCKER, GENERAL MANAGER. Chairman Curran read the entire letter which stated that the carport would not be cost effective . Ms . Clark asked if the proposed carport would be open on all sides except the wall of the house; Ms . Bates said yes . Mr. Spink said the code was recently changed to allow a three-foot setback from the property line for carports . The distance should not be reduced further. It is not necessarily these two property owners . We should look at the future, especially regarding water runoff . Ms . Bateman said gutters will take care of water runoff . Ms . Clark said the area is 'already congested, and this will bring houses even closer together. Historically, a problem with carports is that eventually they are enclosed. Enclosure worsens encroachments on air, space and light available to neighboring properties . Mr. Spink made a motion, seconded by Ms . Sheldon, to deny Appeal #3255 because it would crowd the residential properties even more and does not provide the necessary distance between structures . A yes vote would be in favor of the motion to deny. Yeas , six; nays 0 . Appeal #3255 , 3601 Homewood, has been DENIED. Appeal #3256 , 200 Block N. Homer Street, D. L. Kesler_. This is a request by D. L. Kesler Construction Company to build an 8, 000 sq. ft. commercial building 10 ' from the rear lot line. The property, vacant at present, measures 149 . 45 ' deep x 193 .5 ' wide and is zoned "F" Commercial, as are surrounding properties . The applicant proposes to locate this building toward the northeast portion of the property to orient it to the one-way traffic on Homer and to provide parking and access to an easement over the property for northbound and southbound access to Clippert Street . The staff recommends the 15 ' requested rear yard variance be granted. No adverse impact is anticipated. FRED DAWE STEIN HINKLE DAWE WOOD & JOHNSON, ARCHITECTS. The drive to the south will be eliminated and the retaining wall will be reconstructed. BOARD OF ZONING APPEALS MINUTES FEBRUARY 11, 1993 - PAGE 5 Mr. Spink made a motion, seconded by Mr. Hilts , to approve Appeal 4 #3256 for a 15 ' variance from the rear yard setback. Granting the variance will complete development of this block, make efficient use of the site, and orient visitors towards the flow of traffic, which is one-way along Homer and the expressway, and two-way along Clippert. Yeas six, nays 0 ; Appeal #3256 , 200 Block N. Homer is APPROVED. OTHER COMMUNICATION Mr. Ruff announced a workshop presented by the Michigan Society of Planning Officials, Basic Training for Board of Zoning Appeals , to be held March 25 , 1993, 1 : 30-5 : 30 p.m. at Jackson Community College in Jackson. Mr. Ruff noted the extended appeal description on the agenda, for members ' convenience in visiting the appeal sites prior to the meeting. He will also mail agendas in advance of the meeting. APPROVAL OF MINUTES OF JANUARY 14 , 1993 . Mr. Hilts made a motion, seconded by Ms . Carlson, to approve the minutes of January 14, 1993 as printed; yeas six; nays 0; APPROVED. OLD BUSINESS None . NEW BUSINESS Ms . Curran noted, when she was elected Chairman, that Mr. Wright was elected Vice Chairman. She may be unable to attend the March meeting. Mr. Spink made a motion, seconded by Mr. Hilts, naming Ms . Carlson as Vice Chairman; yeas , six; .nays 0 ; APPROVED. ADJOURNMENT The meeting adjourned at 8 : 30 p.m. CLERK MARCH 10, 1993 RE00. L CITY %LL' !\Minutes of the Regular Meeting BY: Board of Zoning Appeals """""January 14, 1993 - 7 : 30 PM ,93 n Pkll15 y9 H@l1 Council Chambers loth floor The meeting was called to order by Chair H. P. Curran at 7 : 30 PM. Roll call was taken. Present Nancy Carlson Mary Clark H. P. Curran Grant Hilts Ed Spink Absent Joan Sheldon - Excused Absence Staff Jim Ruff, Senior Planner The meeting was called to order at 7 : 35 p.m. by H.P. Curran, Chair. A quorum of five members was present, allowing voting action to be taken at the meeting. Tabled Appeal BZA-3243 Revised - 400 S . Pennsylvania Ave. A motion was made by Ms . Clark, seconded by Mr. Hilts, to remove the appeal from table; unanimously APPROVED. Mr. Martin revised the appeal to accommodate the concerns of the Board and staff. Mr. Ruff reviewed the appeal and updated site plan. The 36 ' x 18 ' addition would accommodate the amount of storage area requested initially, as well as current storage in a utility building on the east end of the building, which will be removed. The ice chest on the east end of the building would be moved, in addition to a gas meter and guy wire, thus improving the parking area. The site accommodates 12 customer parking spaces . Fencing would exist from the property line on the west and south, and the building would abut the property line. The proposal would also include a bermed area with shrubs in three areas and turf and berm in other areas . Mr. Ruff also suggested possible fence and design improvements for other QD stores for lower maintenance and improved appearance. The proposal is recommended for approval . One communication received regarding the proposal is from a person representing the next-door property owner who is opposed because of possible infringement. If space is allowed to remain between the building and property line, a maintenance problem will result. The property owner did not see the revised proposal, but the problem seems to be resolved. For the record, the Chair read comments received. Message from Jim Ruff regarding a call from Pat Swanson, representing the owner of BOARD OF ZONING APPEALS PAGE 2 January 14, 1993 912 E. Kalamazoo. She .stated the owner was opposed, because of concern that the building would interfere with the use of her property. Written note from Joseph and Larry Andringa. "This letter is intended to express our strong objection to the request of Alan Martin of Quality Dairy to add storage space extending to the western property line. We have owned property at 902 East Kalamazoo for ten years . Owners of homes in this neighborhood have consistently worked to improve and maintain the homes and the residential nature of the area. Continued expansion of business in this residential area jeopardizes the safety and stability of this area. We urge you to deny the variance request. " ALAN MARTIN, appellant, no additional remarks . Ms . Carlson asked about the "solid waste" label on the sketch. Mr. Ruff said there would be two solid waste containers within a fenced enclosure to prevent unauthorized users from gaining access . One container would be for trash, and the other would be for cardboard. ED KAMALA, 907 HICKORY. We are against it, for problems the clientele brings--noise, crime and drugs, because the store is open 24 hours . We would go along with the variance if the store would reduce open hours . The presence of the store depreciates property values . Ms . Clark, in connection with the alley generating a traffic problem, asked Mr. Kamala if the fence and building extension would reduce traffic? Mr. Kamala said yes, if the fence were masonry. Wooden boards are broken and kicked out. Ms . Clark asked staff about the time frame for the improvements . Mr. Ruff said the building would be built and storage facility removed and ice chest moved. In the spring pavement would be striped, and landscaping would be installed. Moving items along south side would be done when Consumers Power and BWL could be scheduled. A sequence would be timed. The Board could attach time stipulations on the improvements, for example, all improvements to be done within 30 days after completion of the building. JON ADDISS, 2113 S . WASHINGTON. I have been in the real estate business in Lansing for 20 years and live and own near this property. I visit this store from time to time. I appreciate the location of this store; it is a convenient place. Long-term, anything west of Pennsylvania is going to be commercial or business . It makes sense to allow expansion in this area. BOARD OF ZONING APPEALS PAGE 3 January 14, 1993 KATHLEEN KAMALA, 907 HICKORY. I have a question on the berms . There is a problem there now because water and trash collects . Something must stop cars from running over the grass and creating muddy spots . Mr. Ruff said one option proposed at the last meeting would not require a variance. If the addition were put along with a 25 ' rear yard requirement, they could actually put an 11 ' addition on. Obviously, the goal of Mr. Martin is to get storage to help clean up the inside of the store, bottles, etc . His preference would be to go this way so as not to have a dead area. Also with the linear space of this type of system, you don' t get as much storage space as you would with a wider area. This would be an 11 ' wide addition to achieve the 25 ' setback. So that would be an option, but in my opinion, it would not be as preferable. Mr. Kamala asked about possible problems of going onto the next door neighbor' s property for maintenance. Mr. Ruff said it would have to be a separate agreement and that he had explained the situation to the property owner' s representative. It would be a solid block wall which would be better than siding, because of the possibility of damage to siding. Mrs . Clark said the addition would close off access to the alley, which has been a negative over the years . I want to be confident that cars won' t drive over the berms, and that we know what we are talking about here so we don't wind up with something unexpected. It appears to clean up a congested site. I understand the concern about the 24-hour operation because I live not too far away. Many neighborhood residents see it as a 24-hour nuisance store, rather than as a 24-hour convenience store that poses problems for the neighborhood. My concerns are that the proposed improvements happen in conjunction with the proposed addition and are not left hanging. Ms . Curran directed the attention of the Board to the conditions listed on Page 3 . Dr. Spink said that under #1, stipulate turf berms of an appropriate height, so these berms won' t be run over by cars . Under #4, stipulate relocate ice machine, gas meter and support wire. Under #6, stipulate an agreement with adjacent property owners for permission to construct and maintain building. Add #7, time lines for completion of various phases to be clearly stated and promptly completed, with no delays . Mr. Hilts made a motion, seconded by Ms . Carlson, to approve the variance appeal as presented in the site plan, along with the seven recommendations in the report and modified as above. Dr. Spink said that I am divided between this and something that does not require a variance, on a bad corner, with a lot of BOARD OF ZONING APPEALS PAGE 4 January 14, 1993 improvement yet to be done. In the background material, there is no adequate explanation of why the store is open for 24 hours a day. When we grant a variance, there should be appropriate give- and-take. I hate to be the resident who gives and gets nothing in return. Ms . Carlson said she agreed with Mr. Spink; however, if Mr. Martin proceeds to put on the addition that does not require a variance, there may not be any improvements whatsoever. His operation is going to continue 24 hours a day, as is, with or without the Board of Zoning Appeals . If the Board grants the variance, he has seven stipulations he must agree to. Dr. Spink said Mr. Ruff discussed compliance with the motion and the necessity to remind the applicant of the stipulations . I hope that is not the case in this motion. Mr. Ruff said if Mr. Martin wants to make other improvements to other facilities that may require approval of the Board of Zoning Appeals, it would be appropriate for him to do a superior job. The Chair called the question. Roll call : Yeas : Hilts, Clark, Spink, Carlson, Curran. Nays : 0 . Appeal 3243 (Revised) was APPROVED. Appeal 3251 - 2113 S. Washington. Mr. Ruff presented the case. The Board has not previously heard an appeal similar to this, which is a request for a variance to allow four unrelated people to live together in a structure at 2113 S . Washington Avenue, the residence of Mr. Addiss . The property is zoned single family residential, "B" Residential District, which allows a maximum of three unrelated persons to live together as a "functional family" , a definition from the Zoning Ordinance. "Functional family" takes the place of nontraditional family. The property is 57 ' x 125 ' deep. It borders Washington Avenue; across the street are nonresidential uses . To the north is an area of offices, a duplex, another residence, a street, a park, and an office. To the west is primarily single family residential development. The Comprehensive Plan recommends 8-14 units per acre, which is higher than the typical single family dwelling. The four unrelated persons are allowed to live together in a "C" Residential District, yet, because of the consistency of the zoning pattern in that area, it is not really recommended to rezone one parcel along here even though it could be justified based on the Master Plan. The other option here is to get a variance for the dimensional requirements or the number of residents living in the home. So the request is for four unrelated people to live together, one more than the ordinance allows at presence. The property is over 7 , 000 square feet in size, and has adequate parking to accommodate vehicles . Code requires one parking place BOARD OF ZONING APPEALS PAGE 5 January 14, 1993 for every occupant. If the occupant has a vehicle, a parking place is required. A potential exists for 5-6 parking spaces on site. Ms . Carlson asked the square footage of the house. It is a four- bedroom, two-story house, living room, dining room, kitchen, half bath and laundry on the first floor and 4 bedrooms and bath upstairs . There are two driveways abutting the driveways of the other properties . The proposed parking spaces would primarily be on the south side of the building, on the concrete drive, but there is also a gravel parking area on the north side of the house. Ms . Clark asked if, in the "C" Residential District, four unrelated persons could live together; Mr. Ruff replied yes . In the "DM-1" District, five unrelated persons are allowed, reflecting density factors . JON W. ADDISS, 2113 S . WASHINGTON. I bought the four-bedroom house three years ago. From time to time, I have three other adults live with me, usually two. The neighbors do not object; four people have been there right along. We have been there for three years without difficulty; nothing is going to change. There is no street parking along the Washington frontage. We have had three cars there, and usually two cars . Parking and car jockeying have not been an issue. A code compliance officer brought to my attention that the house is zoned in a "B" District. The two-family to the north is a nonconforming use in a "B" District. It is going to be owner-occupied; the new owners are moving in downstairs . Ms . Clark asked if the petition can be applicant-specific if granted. Mr. Ruff said yes; normally it is property-specific, unlike the variances for beauty shops, which are applicant- specific. This would be a use within a structure. If it is applicable, it can be kept as a condition; if not, it can be dropped. Ms . Curran asked about the neighbor to the north who has all the cars parked in the front yard. Mr. Ruff said the problem has been that I can't stop them from putting gravel in the front yard--it could be landscaping, or it could be access to park on the other side of the house. This was originally put in so they could access the other side of the house. Mr. Addiss said on his drawing, he drew in their driveway configuration. The front of the house is graveled with the exception of a little strip. Mr. Ruff said parking on the gravel is why we don't allow front yard gravel--it becomes an enforcement problem. Mr. Addiss asked the purpose of making it applicant-specific? Does that mean I have to live there in order to have it apply? BOARD OF ZONING APPEALS PAGE 6 January 14, 1993 Ms . Clark said she did not have a problem with the house being used as described. The property is large enough and has two driveways, but it could become a problem for the neighborhood if it became a student rental . The situation is different if the landlord is in residence than if absent. Mr. Addiss said he did move out for six months while he renovated a house he bought, and there were no complaints filed and no problems . JANICE ANDREWS, 201 GREENCROFT. We neighbors are opposed, because in the last 15 years that I have resided on Greencroft, I have watched our neighborhood erode because of absentee landlords who buy homes and then we never see them again. That happened with the house just west of me, for over five years . The house was just condemned. Up to now, this has been a wonderful neighborhood. Tonight I walked around the block, and noticed the three homes at the corner of Washington (this being the third home) . They have had no upkeep at all . The sidewalks aren't shoveled; the yards haven't been maintained all summer; there was always trash in the front yards . The gravel looks like mud to me--I couldn't tell it was gravel . There is also front yard parking, and it is continuous at the home to the north. I would ask you to keep this zoned "B" , to keep single families in these homes . Unrelated people in the home do nothing to keep up the houses; they don't weed, they don't plant flowers . At least when you have families, you have children and mowed lawns and maybe some flowers, and property values are maintained. I understood Lansing favored family-owned homes over rentals . I am hoping our neighborhood would stay zoned "B Residential . ED KAMALA, 907 HICKORY. Whenever there is a variance, it should be examined closely by the Board. There must be a reason for not having more than three unrelated people in a home. Through the reasons the Board must have collected over the years, they could look at why the decision was made in the first place. Mr. Addiss : It makes no difference whether they are men or women. There are laws against discrimination. I can' t discriminate on the basis of sex or marital status . Things change, and the Board is here to deal with those changes . I am concerned about Ms . Andrews saying my property is full of trash. I live there; it is not full of trash; my grass is mowed. My driveway is gravel, though the people next door do have an ungraveled part that they drive through, and it creates mud. The house had not received attention from the City, had not registered as a rental house, nor been inspected for about seven years . Chairman Curran asked if it was going to be a boarding house. Mr. Addiss said he invested $20, 000 remodeling the inside, but has not started on the outside as yet . He has built cupboard space, and his dishes are there for community use. It has a large kitchen with a BOARD OF ZONING APPEALS PAGE 7 January 14, 1993 snack bar eating area, plus a formal dining room. It is my residence, and I am fairly selective as to who I rent to. Ms . Andrews : Traffic flow on Washington is interrupted with people pulling in and out. Four cars there would be even worse. It is a busy street and I think a single family home would be better suited for that street. There are beautiful single-family well-maintained homes , with a couple exceptions, such as the corner homes . The rentals are really impacting our neighborhood. I am glad you live in the residence, and I wouldn't fear for the neighborhood if you received the variance only for the time you live there. Other than that, what we have had is absentee landlords . I would ask that it continue to be zoned "B" . Ms . Clark agreed with Ms . Andrews that continuing "B" zoning is important for the neighborhood; it is also important for the City to support the older neighborhoods . The nature of families has changed over the years, and a four-bedroom house with four unrelated people is not necessarily a problem in and of itself. One of the protections is that the variance be granted applicant- specific so that it can't continue without the owner. I would support it on that basis . A motion was made by Ms . Clark, seconded by Mr. Hilts, that Appeal #3251 at 2113 South Washington be granted to allow four unrelated people to live together. The size of the house will accommodate four people; the two drives which make it a unique property physically will accommodate parking and driveway space needed for a possibility of four cars . I would want this variance to be granted on an applicant-specific basis, specifically for this owner, and not to be transferred to a new owner if the property were sold. I would like to see a resident-owner of this property. The Chairman called the question with roll call as follows : Yeas : Clark, Spink, Carlson, Curran, Hilts; Nays : 0 . Appeal #3251 at 2113 S . Washington has been APPROVED. Dr. Spink said his yes vote reflects his expectation that the owner and applicant will be the resident of the house. Mr. Addiss asked if it was appropriate that this stipulation be put on the approval? Mr. Ruff said that it has been required in other cases . Mr. Addiss made the application, and it is based on the evidence presented by the applicant, and it can be done that way. If there is another owner, it may present another set of evidence that would differ. Mr. Addiss asked if it meant he could not leave the country for a year, and if it was appropriate. Ms . Clark said if it is not appropriate, we would want to reconsider the variance. Mr. Ruff said he would get an opinion on it. If the condition is not valid, the case will again come before the Board so that it can be considered without the condition. The Board voted on the item BOARD OF ZONING APPEALS PAGE 8 January 14, 1993 with that condition. If it cannot be a condition, then it will have to be reconsidered. For the benefit of Ms . Anderson, the approval as granted by this Board is not a change in zoning. It keeps the "B" Residential Zoning. APPROVAL OF MINUTES OF DECEMBER 10, 1992 . On page 3 of the minutes, the third paragraph from the bottom. Appeal #3250 should read APPROVED, not DENIED. A motion was made by Mr. Hilts , seconded by Ms . Carlson to approve the minutes of December 10, 1992, as revised. A motion was made by Dr. Spink, seconded by Mr. Hilts, to approve an excused absence for Ms . Sheldon. The meeting was adjourned at 8 : 50 p.m. Respectfully submitted !� James A. Ruff, Sec etary Board of Appeals