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HomeMy WebLinkAboutBoard of Zoning 2002 Minutes BOARD OF ZONING APPEALS MEETING MINUTES DECEMBER 12 2002 PAGE 1 Draft to Clerk: 12/16/02 Approved: 01/09/03 Clerk: 01/10/03 MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS DECEMBER 12, 2002, 7:30 P.M. CITY COUNCIL CHAMBERS, 10T" FLOOR CITY HALL ROLL CALL The meeting was called to order by B. Burgess at 7:35 p.m. Chairman Burgess read the BZA introduction. Roll call was taken. Present: B. Burgess G. Hilts G. Swix J. Siebold E. Horne F. Lain Excused Absences: A. Frederick B. McGrain Staff: S. Stachowiak A. A quorum of at least five members was present, allowing voting action to be taken at the meeting. II APPROVAL OF AGENDA G. Hilts moved,G.Swix seconded to approve the agenda with addition of"excused absence"for Mr. Frederick under new business. On a voice vote, the motion carried 6-0. III. HEARINGS/ACTION A. BZA-3735.02, 614 Kipling Blvd. Sue Stachowiak presented the case. This is a request by Kevin O'Malley for a variance to retain an 8A" high fence located along the rear property line at 614 Kipling Blvd. Section 1292.03(b) of the Zoning Ordinance allows a maximum height of 6 feet for fences in a rear yard. This is therefore,a variance requestfor2'4"in height. Ms.Stachowiak stated that staff is recommending denial of this variance request for lack of an adequate practical difficulty. Mr. Kevin O'Malley, 614 Kipling Blvd., applicant, spoke in favor of his request. Mr. O'Malley stated that he was told by a representative from the Planning Office that his fence was acceptable. He also stated that he cannot utilize his back yard because of the loud, menacing dogs on the neighbors property. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. J. Siebold stated that the problem is really with the owner of the dogs rather than the dogs themselves. B. Burgess and G. Hilts stated that the applicant should deal with Animal Control with regard to the situation with the dogs. BOARD OF ZONING APPEALS MEETING MINUTES DECEMBER 12, 2002 PAGE 2 E. Horne stated that the fence would be out of character with the neighborhood. E. Horne moved to deny BZA-3735.02,614 Kipling Blvd.,a variance to permit a 8'4"high fence. Seconded by G. Hilts. VOTE YEA NAY Siebold X Hilts X Lain X Horne X Swix X Burgess X Motion carried by a vote of 6-0. BZA-3735.02, 614 Kipling Blvd., has been denied. B. BZA-3742.02, 900 W. Ottawa Street Sue Stachowiak presented the case. This is a request by Implant Dentistry of Lansing for a variance to construct an addition to the front of the building at 900 W. Ottawa Street that would have a 64"front yard setback along Butler Street. Section 1260.06 of the Zoning Code requires a front yard setback of 20 feet in the "D-1" Professional Office District. Therefore, a front yard setback variance of 13'8" is requested. Ms. Stachowiak stated that staff is recommending approval of the variance. She explained that the size and layout of the lot presents a practical difficulty for the applicant in complying with the ordinance. Dr. Erwin Crawford, 900 W. Ottawa Street, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. G. Swix asked if the addition would affect the parking. S. Stachowiak stated "no". J. Siebold stated that he walks past this building every day and there is plenty of parking. G. Swix moved to approve BZA-3742.02, 900 W. Ottawa Street, a front yard setback variance of 13'8". Seconded by G. Hilts. VOTE YEA NAY Siebold X Hilts X Lain X Horne X Swix X Burgess X BOARD OF ZONING APPEALS MEETING MINUTES DECEMBER 12, 2002 PAGE 3 Motion carried by a vote of 6-0. BZA-3742.02, 900 W. Ottawa Street, has been approved. C. BZA-3743.02, 617 E. Miller Road Sue Stachowiak presented the case. This is a request by Signs by Crannie to permit a roof sign at 617 E. Miller Road. Section 1442.21(f) prohibits roof sign. Ms. Stachowiak stated that staff is not supportive of this request since there are other areas on the building where the applicant could display a wall sign, as opposed to a roof sign, that would be in compliance with the Sign Code. Mr. Dennis O'Reilly, Signs by Crannie, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. The Board members discussed possible locations on the building for a wall sign. F. Lain moved to approve BZA-3743.02, 617 E. Miller Road a variance request to permit a roof sign. Seconded by G. Hilts. VOTE YEA NAY Siebold X Hilts X Lain X Horne X Swix X Burgess X Motion carried by a vote of 6-0. BZA-3743.02, 617 E. Miller Road, has been approved. D. BZA-3744.02, 3500 N. ML King Jr. Blvd. Sue Stachowiak presented the case. This is a request by BioPort Corporation for a variance to permit the construction of a new building that would have a 7 foot front yard setback along Sheridan Road. Section 1274.06(a) of the Zoning Code requires a 25 foot front yard setback. Therefore, a variance of 18 feet is requested. Staff recommended approval of the request. Ms. Stachowiak stated that there is an clear practical difficulty, given the layout of the site, that prevents the applicant from being able to comply with the 25 foot front yard setback. Mr. Michael Tanner, BioPort, applicant, spoke in favor of this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. The Board members discussed the appearance of the proposed building. Mr. Tanner showed the Board a color rendering of the proposed building. E. Horne moved to approve BZA-3744.02, 3500 N. ML King Jr. Blvd., an 18 foot front yard setback variance. Seconded by F. Lain. BOARD OF ZONING APPEALS MEETING MINUTES DECEMBER 12, 2002 PAGE 4 VOTE YEA NAY Siebold X Hilts X Lain X Horne X Swix X Burgess X Motion carried by a vote of 6-0. BZA-3744.02, 3500 N. ML King Jr. Blvd., has been approved. D. BZA-3745.02, 3220 S. Pennsylvania Avenue Sue Stachowiak presented the case. This is a request by Signart, Inc. for a variance to permit a 6 foot setback for a 39.5 square foot sign. Section 1442.12(h)(2) of the Sign Code requires a minimum setback of 15 feet for a ground pole sign on a parcel that is less than one-half acre in area. Therefore, a setback variance of 9 feet is requested. Ms. Stachowiak stated that staff is recommending approval of the 6 foot setback, however, staff believes that the area of the sign should be reduced to 27 square feet, by removing the "skirting" around the bottom of the sign. Mr. Gerald Tillmann, Signart, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Ms. Horne stated that, from an appearance standpoint,the 27 square foot sign, as shown on the drawing that the applicant prepared, is nicer looking that the 39.5 square foot sign. E. Horne moved to approve BZA-3745.02, 3220 S. Pennsylvania Avenue, a 9 foot front yard setback variance, with the condition that the sign not exceed 27 square feet in area Seconded by F. Lain. VOTE YEA NAY Siebold X Hilts X Lain X Horne X Swix X Burgess X Motion carried by a vote of 6-0. BZA-3745.02, 3220 S. Pennsylvania Avenue has been approved. E. BZA-3746.02, 200 N. Washington Square. Sue Stachowiak presented the case. This is a request by Capitol Bancorp for a variance to permit 4 wall signs totaling 132.5 square feet in area at 200 N. Washington Square. Section 1442.24(b)(3) of the City Sign Code permits a maximum of two wall signs per building totaling 40 square feet in area in the Capital Capitol Center District. Therefore,this is a variance request BOARD OF ZONING APPEALS MEETING MINUTES DECEMBER 12, 2002 PAGE 5 for 2 wall signs and 92.5 square feet of sign area. Staff recommended approval of an additional 40 square feet of wall signage. Mr.William Rheavod,222 N. Washington Square, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Hilts stated that this is a reduction in signage from what currently exists on the building and therefore, he will be able to support this request. F. Lain moved to approve BZA-3746.02, 200 N. Washington Square, a variance for 4 wall signs,totaling 132.5 square feet in area. Seconded by G. Hilts. VOTE YEA NAY Siebold X Hilts X Lain X Horne X Swix X Burgess X Motion carried by a vote of 6-0, BZA-3746.02, 200 N. Washington Square, has been approved. F. BZA-3747.02, 2001 Cogswell Drive Sue Stachowiak presented the case.This is a request by Craig Jansen for a variance to construct an addition to the back of the house at 2001 Cogswell Drive that would have a 15.83' rear yard setback. Section 1248.09 of the Zoning Code requires a 30 foot rear yard setback. Therefore, a variance of 14.17' is requested. Staff recommended approval of this request based upon the practical difficulty associated with the layout of the lot. Mr. Craig Jansen, 2001 Cogswell Drive, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. The Board members agreed that there was a practical difficulty that prevented compliance with the ordinance in this case. F. Lain moved to approve BZA-3747.02, 2001 Cogswell Drive, a 14.17 foot rear yard setback variance. Seconded by G. Swix. VOTE YEA NAY Siebold X Hilts X Lain X BOARD OF ZONING APPEALS MEETING MINUTES DECEMBER 12, 2002 PAGE 6 VOTE YEA NAY Horne X Swix X Burgess X Motion carried by a vote of 6-0. BZA-3747.02, 2001 Cogswell has been approved. G. BZA-3748.02, 2401 Teel Avenue Sue Stachowiak presented the case.This is a request by Ron Flessnerfor a variance to construct a 18' x 20' garage at 2401 Teel Avenue that would have a 13.3 foot front yard setback on Rockford Road. Since this is a corner lot, it is considered to have two front yards. Section 1248.07 (a) requires a front yard setback of 20 feet for the subject property. Therefore, a variance of 6.7 feet is requested. Staff recommended approval of the variance based upon the practical difficulty associated with the size and layout of the lot. Mr. Ron Flessner, 2401 Teel Avenue, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. The Board members agreed that there was a practical difficulty that prevented compliance with the ordinance in this case. G. Swix moved to approve BZA-3748.02, 2401 Teel Avenue, a 6.7 foot front yard setback variance. Seconded by F. Lain. VOTE YEA NAY Siebold X Hilts X Lain X Horne X Swix X Burgess X Motion carried by a vote of 6-0. BZA-3748.02, 2401 Teel Avenue has been approved. H. BZA-3749.02, 1318 W. Barnes Avenue Sue Stachowiak presented the case. This is a request by Ranch Life Plastics, on behalf of Barbara Kugel, owner of 1318 W. Barnes Avenue for a variance to construct a new front porch that would have a 14 foot front yard setback. Section 1248.07 of the Zoning Ordinance requires a 20 foot front yard setback. Therefore, a variance of 6 feet is being requested. Staff recommended approval of the variance based upon the practical difficulty involving the small size of the lot. Mr.Wayne Peek, Ranch Life Plastics, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into BOARD OF ZONING APPEALS MEETING MINUTES DECEMBER 12, 2002 PAGE 7 the Committee of the Whole. The Board members agreed that there was a practical difficulty that prevented compliance with the ordinance in this case. F. Lain moved to approve BZA-3749.02, 1318 W. Barnes Avenue, a 6 foot front yard setback variance. Seconded by G. Swix. VOTE YEA NAY Siebold X Hilts X Lain X Horne X Swix X Burgess X Motion carried by a vote of 6-0. BZA-3749.02, 1318 W. Barnes Avenue has been approved. IV OLD BUSINESS A. BZA-3511.98, 901 N. Larch (no action) B. BZA-3553.99, 735 E. Michigan (no action) C. BZA-3554.99, 907 W. Saginaw(no action) D. Rules of Procedure (no action) V. PUBLIC COMMENT- none VI. APPROVAL OF MINUTES A. Minutes of November 14, 2002 Ms. Horne stated that the minutes should reflect that she and Mr. Frederick has excused absences from the November meeting. G. Hilts moved to approve the minutes of November 14, 2002. Seconded by F. Lain. Unanimous voice vote to approve. VII. NEW BUSINESS Request for excused absence from the December 12, 2002 meeting for A. Frederick. E. Horne moved to approve an excused absence for A. Frederick. Seconded by G. Hilts. Unanimous voice vote to approve. BOARD OF ZONING APPEALS MEETING MINUTES DECEMBER 12, 2002 PAGE 8 VIII. ADJOURNMENT AT 9:35 p.m. Respectfully submitted, ' Z�Yt�� Susan Stachowiak, Zoning Administrator BOARD OF ZONING APPEALS MEETING MINUTES DECEMBER 12 2002 PAGE 1 Draft to Clerk: 12/16/02 Approved: Clerk: MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS DECEMBER 12, 2002, 7:30 P.M. CITY COUNCIL CHAMBERS, 10T" FLOOR CITY HALL ROLL CALL The meeting was called to order by B. Burgess at 7:35 p.m. Chairman Burgess read the BZA introduction. Roll call was taken. Present: B. Burgess G. Hilts G. Swix J. Siebold E. Horne F. Lain Excused Absences: A. Frederick B. McGrain Staff: S. Stachowiak A. A quorum of at least five members was present, allowing voting action to be taken at the meeting. II APPROVAL OF AGENDA G. Hilts moved,G.Swix seconded to approve the agenda with addition of"excused absence"for Mr. Frederick under new business. On a voice vote, the motion carried 6-0. III. HEARINGS/ACTION A. BZA-3735.02, 614 Kipling Blvd. Sue Stachowiak presented the case. This is a request by Kevin O'Malley for a variance to retain an 8'4" high fence located along the rear property line at 614 Kipling Blvd. Section 1292.03(b) of the Zoning Ordinance allows a maximum height of 6 feet for fences in a rear yard. This is therefore,a variance request for2'4"in height. Ms.Stachowiak stated that staff is recommending denial of this variance request for lack of an adequate practical difficulty. Mr. Kevin O'Malley, 614 Kipling Blvd., applicant, spoke in favor of his request. Mr. O'Malley stated that he was told by a representative from the Planning Office that his fence was acceptable. He also stated that he cannot utilize his back yard because of the loud, menacing dogs on the neighbors property. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. J. Siebold stated that the problem is really with the owner of the dogs rather than the dogs themselves. B. Burgess and G. Hilts stated that the applicant should deal with Animal Control with regard to the situation with the dogs. BOARD OF ZONING APPEALS MEETING MINUTES DECEMBER 12, 2002 PAGE 2 E. Horne stated that the fence would be out of character with the neighborhood. E.Horne moved to deny BZA-3735.02,614 Kipling Blvd.,a variance to permit a 8'4"high fence. Seconded by G. Hilts. VOTE YEA NAY Siebold X Hilts X Lain X Horne X Swix X Burgess X Motion carried by a vote of 6-0. BZA-3735.02, 614 Kipling Blvd., has been denied. B. BZA-3742.02, 900 W. Ottawa Street Sue Stachowiak presented the case. This is a request by Implant Dentistry of Lansing for a variance to construct an addition to the front of the building at 900 W. Ottawa Street that would have a 64"front yard setback along Butler Street. Section 1260.06 of the Zoning Code requires a front yard setback of 20 feet in the "D-1" Professional Office District. Therefore, a front yard setback variance of 13'8" is requested. Ms. Stachowiak stated that staff is recommending approval of the variance. She explained that the size and layout of the lot presents a practical difficulty for the applicant in complying with the ordinance. Dr. Erwin Crawford, 900 W. Ottawa Street, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. G. Swix asked if the addition would affect the parking. S. Stachowiak stated "no". J. Siebold stated that he walks past this building every day and there is plenty of parking. G. Swix moved to approve BZA-3742.02, 900 W. Ottawa Street, a front yard setback variance of 13'8". Seconded by G. Hilts. VOTE YEA NAY Siebold X Hilts X Lain X Horne X Swix X Burgess X BOARD OF ZONING APPEALS MEETING MINUTES DECEMBER 12, 2002 PAGE 3 Motion carried by a vote of 6-0. BZA-3742.02, 900 W. Ottawa Street, has been approved. C. BZA-3743.02, 617 E. Miller Road Sue Stachowiak presented the case. This is a request by Signs by Crannie to permit a roof sign at 617 E. Miller Road. Section 1442.21(f) prohibits roof sign. Ms. Stachowiak stated that staff is not supportive of this request since there are other areas on the building where the applicant could display a wall sign, as opposed to a roof sign, that would be in compliance with the Sign Code. Mr. Dennis O'Reilly, Signs by Crannie, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. The Board members discussed possible locations on the building for a wall sign. F. Lain moved to approve BZA-3743.02, 617 E. Miller Road a variance request to permit a roof sign. Seconded by G. Hilts. VOTE YEA NAY Siebold X Hilts X Lain X Horne X Swix X Burgess X Motion carried by a vote of 6-0. BZA-3743.02, 617 E. Miller Road, has been approved. D. BZA-3744.02, 3500 N. ML King Jr. Blvd. Sue Stachowiak presented the case. This is a request by BioPort Corporation for a variance to permit the construction of a new building that would have a 7 foot front yard setback along Sheridan Road. Section 1274.06(a) of the Zoning Code requires a 25 foot front yard setback. Therefore, a variance of 18 feet is requested. Staff recommended approval of the request. Ms. Stachowiak stated that there is an clear practical difficulty, given the layout of the site, that prevents the applicant from being able to comply with the 25 foot front yard setback. Mr. Michael Tanner, BioPort, applicant, spoke in favor of this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. The Board members discussed the appearance of the proposed building. Mr. Tanner showed the Board a color rendering of the proposed building. E. Horne moved to approve BZA-3744.02, 3500 N. ML King Jr. Blvd., an 18 foot front yard setback variance. Seconded by F. Lain. BOARD OF ZONING APPEALS MEETING MINUTES DECEMBER 12, 2002 PAGE 4 VOTE YEA NAY Siebold X Hilts X Lain X Horne X Swix X Burgess X Motion carried by a vote of 6-0. BZA-3744.02, 3500 N. ML King Jr. Blvd., has been approved. D. BZA-3745.02, 3220 S. Pennsylvania Avenue Sue Stachowiak presented the case. This is a request by Signart, Inc. for a variance to permit a 6 foot setback for a 39.5 square foot sign. Section 1442.12(h)(2)of the Sign Code requires a minimum setback of 15 feet for a ground pole sign on a parcel that is less than one-half acre in area. Therefore, a setback variance of 9 feet is requested. Ms. Stachowiak stated that staff is recommending approval of the 6 foot setback, however, staff believes that the area of the sign should be reduced to 27 square feet, by removing the"skirting" around the bottom of the sign. Mr. Gerald Tillmann, Signart, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Ms. Horne stated that,from an appearance standpoint,the 27 square foot sign,as shown on the drawing that the applicant prepared, is nicer looking that the 39.5 square foot sign. E. Horne moved to approve BZA-3745.02, 3220 S. Pennsylvania Avenue, a 9 foot front yard setback variance, with the condition that the sign not exceed 27 square feet in area Seconded by F. Lain. VOTE YEA NAY Siebold X Hilts X Lain X Horne X Swix X Burgess X Motion carried by a vote of 6-0. BZA-3745.02, 3220 S. Pennsylvania Avenue has been approved. E. BZA-3746.02, 200 N. Washington Square. Sue Stachowiak presented the case.This is a request by Capitol Bancorp for a variance to permit 4 wall signs totaling 132.5 square feet in area at 200 N. Washington Square. Section 1442.24(b)(3) of the City Sign Code permits a maximum of two wall signs per building totaling 40 square feet in area in the Capital Capitol Center District. Therefore,this is a variance request BOARD OF ZONING APPEALS MEETING MINUTES DECEMBER 12, 2002 PAGE 5 for 2 wall signs and 92.5 square feet of sign area. Staff recommended approval of an additional 40 square feet of wall signage. Mr. William Rheavod, 222 N. Washington Square, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Hilts stated that this is a reduction in signage from what currently exists on the building and therefore, he will be able to support this request. F. Lain moved to approve BZA-3746.02, 200 N. Washington Square, a variance for 4 wall signs,totaling 132.5 square feet in area. Seconded by G. Hilts. VOTE YEA NAY Siebold X Hilts X Lain X Horne X Swix X Burgess X Motion carried by a vote of 6-0, BZA-3746.02, 200 N. Washington Square, has been approved. F. BZA-3747.02, 2001 Cogswell Drive Sue Stachowiak presented the case.This is a request by Craig Jansen for a variance to construct an addition to the back of the house at 2001 Cogswell Drive that would have a 15.83' rear yard setback. Section 1248.09 of the Zoning Code requires a 30 foot rear yard setback. Therefore, a variance of 14.17' is requested. Staff recommended approval of this request based upon the practical difficulty associated with the layout of the lot. Mr. Craig Jansen, 2001 Cogswell Drive, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. The Board members agreed that there was a practical difficulty that prevented compliance with the ordinance in this case. F. Lain moved to approve BZA-3747.02, 2001 Cogswell Drive, a 14.17 foot rear yard setback variance. Seconded by G. Swix. VOTE YEA NAY Siebold X Hilts X Lain X BOARD OF ZONING APPEALS MEETING MINUTES DECEMBER 12, 2002 PAGE 6 VOTE YEA NAY Horne X Swix X Burgess X Motion carried by a vote of 6-0. BZA-3747.02, 2001 Cogswell has been approved. G. BZA-3748.02, 2401 Teel Avenue Sue Stachowiak presented the case. This is a request by Ron Flessner fora variance to construct a 18' x 20' garage at 2401 Teel Avenue that would have a 13.3 foot front yard setback on Rockford Road. Since this is a corner lot, it is considered to have two front yards. Section 1248.07 (a) requires a front yard setback of 20 feet for the subject property. Therefore, a variance of 6.7 feet is requested. Staff recommended approval of the variance based upon the practical difficulty associated with the size and layout of the lot. Mr. Ron Flessner, 2401 Teel Avenue, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. The Board members agreed that there was a practical difficulty that prevented compliance with the ordinance in this case. G. Swix moved to approve BZA-3748.02, 2401 Teel Avenue, a 6.7 foot front yard setback variance. Seconded by F. Lain. VOTE YEA NAY Siebold X Hilts X Lain X Horne X Swix X Burgess X Motion carried by a vote of 6-0. BZA-3748.02, 2401 Teel Avenue has been approved. H. BZA-3749.02, 1318 W. Barnes Avenue Sue Stachowiak presented the case. This is a request by Ranch Life Plastics, on behalf of Barbara Kugel, owner of 1318 W. Barnes Avenue for a variance to construct a new front porch that would have a 14 foot front yard setback. Section 1248.07 of the Zoning Ordinance requires a 20 foot front yard setback. Therefore, a variance of 6 feet is being requested. Staff recommended approval of the variance based upon the practical difficulty involving the small size of the lot. Mr.Wayne Peek, Ranch Life Plastics, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into . BOARD OF ZONING APPEALS MEETING MINUTES DECEMBER 12, 2002 PAGE 7 the Committee of the Whole. The Board members agreed that there was a practical difficulty that prevented compliance with the ordinance in this case. F. Lain moved to approve BZA-3749.02, 1318 W. Barnes Avenue, a 6 foot front yard setback variance. Seconded by G. Swix. VOTE YEA NAY Siebold X Hilts X Lain X Horne X Swix X Burgess X Motion carried by a vote of 6-0. BZA-3749.02, 1318 W. Barnes Avenue has been approved. IV OLD BUSINESS A. BZA-3511.98, 901 N. Larch (no action) B. BZA-3553.99, 735 E. Michigan (no action) C. BZA-3554.99, 907 W. Saginaw(no action) D. Rules of Procedure (no action) V. PUBLIC COMMENT- none VI. APPROVAL OF MINUTES A. Minutes of November 14, 2002 Ms. Horne stated that the minutes should reflect that she and Mr. Frederick has excused absences from the November meeting. G. Hilts moved to approve the minutes of November 14, 2002. Seconded by F. Lain. Unanimous voice vote to approve. VII. NEW BUSINESS Request for excused absence from the December 12, 2002 meeting for A. Frederick. E. Horne moved to approve an excused absence for A. Frederick. Seconded by G. Hilts. Unanimous voice vote to approve. BOARD OF ZONING APPEALS MEETING MINUTES DECEMBER 12, 2002 PAGE 8 VIII. ADJOURNMENT AT 9:35 p.m. Respectfully submitted, Susan Stachowiak, Zoning Administrator BOARD OF ZONING APPEALS MCETING MINUTES NOVEMBER 1-+, 2002 PAGE 1 Draft to Clerk: 12/02/02 Approved: 12/12/02 Clerk: 12/16/02 MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS NOVEMBER 14, 2002, 7:30 P.M. CITY COUNCIL CHAMBERS, 10T" FLOOR CITY HALL ROLL CALL The meeting was called to order by B. Burgess at 7:35 p.m. Chairman Burgess read the BZA introduction. Roll call was taken. Present: B. Burgess G. Hilts G. Swix J. Siebold B. McGrain Absent: A. Frederick E. Horne F. Lain Staff: S. Stachowiak T. Masseau A. A quorum of at least five members was present, allowing voting action to be taken at the meeting. II APPROVAL OF AGENDA G.Swix moved, B. McGrain seconded to approve the agenda with addition of"excused absence"and 112003 calendar" under new business. On a voice vote,the motion carried 5-0. III. HEARINGS/ACTION A. BZA-3736.02, 5814 S. Pennsylvania Sue Stachowiak presented the case. This is a request by Real Estate Express,on behalf of Furniture Express at 5814 S. Pennsylvania Avenue for a variance to permit two (2) wall signs totaling 398 square feet in area. Section 1442.13(i)of the City Sign Code permits two wall signs per building with a maximum total sign area of 200 square feet. This is, therefore, a variance request for 198 square feet of sign area. Ms. Stachowiak stated that staff is recommending denial of this variance request for lack of an adequate practical difficulty. Mr. Phil Mannor, representing Furniture Estate Express, spoke in favor of this request. Mr. Bob Berman, President of Furniture Express, spoke in favor of this request. Mr. Scott Redmond, Store Manager of Furniture Express, spoke in favor of this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. The board members reviewed the photographs that were provided by the applicant. There was discussion about visibility of the signage from Pennsylvania Avenue. The board members agreed with the staff recommendation that there was an inadequate justification for granting a variance for 198 square feet of additional wall signage. G. Swix moved to deny BZA-3736.02, 5814 S. Pennsylvania, a variance for 198 square feet of wall signage. Seconded by G. Hilts. BOARD OF ZONING APPEALS MEETING MINUTES NOVEMBER 14, 2002 PAGE 2 VOTE YEA NAY Siebold X Hilts X McGrain X Swix X Burgess X Motion carried by a vote of 5-0. BZA-3736.02, 5814 S. Pennsylvania Avenue, has been denied. B. BZA-3737.02, 303 S. MLK Blvd. Sue Stachowiak presented the case. This is a request by Sam Eyde, owner of 303 S. ML King Blvd., for a variance from the required number of parking spaces. The applicant proposes to construct two office buildings at 303 S. ML King Blvd. that would have a combined gross floor area of 160,000 square feet. Section 1248.13(d)(2) of the Zoning Ordinance requires 601 parking spaces for the proposed office buildings, based upon 75 percent of the gross floor area being usable. The applicant is proposing 481 parking spaces. Therefore, a variance of 120 parking spaces is requested. Ms. Stachowiak stated that staff is recommending approval of the variance based upon the parking study which was provided by the applicant. This study provides statistics which show that the number of parking spaces that the applicant is proposing will be adequate for the size and use of the buildings. Mr. Tom Tooley, Architect for Beta Design Group, representing Sam Eyde Construction, spoke in favor of this request. Mr. Sam Eyde, owner, spoke in favor of his request. Mr.Louis Vinson,resides at410 S.Butler,representing the Renaissance Neighborhood Association, reviewed their letter dated November 141h B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Siebold stated that he would like to see most of the traffic utilizing the driveway on ML King rather than the neighborhood street. He also expressed concern about potential retail businesses occupying this site. G. Swix moved to approve BZA-3737.02, 303 S. MLK Blvd., a variance of 120 parking spaces. Seconded by G. Hilts. VOTE YEA NAY Siebold X Hilts X McGrain X Swix X Burgess X Motion carried by a vote of 5-0. BZA-3737.02, 303 S. MLK Blvd, has been approved. C. BZA-3738.02, 5901 S. Pennsylvania Sue Stachowiak presented the case. This is a request by Metro Detroit Signs, on behalf of Sonic Automotive Inc. (Capitol Cadillac) at 5901 S. Pennsylvania Avenue for a variance to permit a fourth ground pole sign advertising the sale of Hummers. Section 1442.12(b)of the City Sign Code permits BOARD OF ZONING APPEALS MEETING MINUTES NOVEMBER 14, 2002 PAGE 3 one ground pole sign per parcel. There are three existing ground pole signs at 5901 S. Pennsylvania Avenue. Therefore, this is a variance request to retain the existing three signs and to erect a fourth ground pole sign at this location. Ms.Stachowiak stated that staff is not supportive of this request due the existing overuse of signs at this site. Mr. John Deters, of Metro Design, representing Capitol Cadillac, spoke in favor of his request. Mr. Rick LaGasse, General Manager of Capitol Cadillac, spoke in favor of this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. The Board members discussed the case and agreed that the applicant could use one of the existing signs for the sale of hummers rather than erecting a forth sign. B. McGrain moved to deny BZA-3738.02,5901 S. Pennsylvania,a variance request to retain the existing three signs and to erect a fourth ground pole sign at this location. Seconded by G. Hilts. VOTE YEA NAY Siebold X Hilts X McGrain X SWIX X Burgess X Motion carried by a vote of 5-0. BZA-3738.02, 5901 S. Pennsylvania, has been denied. D. BZA-3739.02, 1103 Walsh Street Sue Stachowiak presented the case. This is a request by Gregory Byrd of 1103 Walsh Street. The applicant proposes to construct a 20 square foot first floor addition and a 250 square foot second floor addition onto the front of the house at 1103 Walsh Street. The proposed addition would have a 15 foot front yard setback. Section 1248.07(a)of the Zoning Code requires a minimum front yard setback of 20 feet in the"B" Residential District. Therefore, a front yard setback variance of 5 feet is requested. Ms. Stachowiak stated that staff is supportive of this request as the proposed addition would not change the existing front setback of the house. Mr. Gregory Byrd, applicant, spoke in favor of this request. Mr. Don Vita, resides at 1101 Walsh, spoke in favor of this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. The Board members discussed the case and determined that this was a reasonable case since there was no affect on the existing setback of the house. J. Siebold moved to approve BZA-3739.02, 1103 Walsh Street, a variance request for a front yard setback of 5 feet. Seconded by G. Swix. VOTE YEA NAY Siebold X Hilts FX - BOARD OF ZONING APPEALS MEETING MINUTES NOVEMBER 14, 2002 PAGE 4 VOTE YEA NAY McGrain X Swix X Burgess X Motion carried by a vote of 5-0. BZA-3739.02, 1103 Walsh Street, has been approved. D. BZA-3740.02, 119 N.Washington Sq. Sue Stachowiak presented the case. This is a request by the YMCA, leasee of a property owned by Spirit of Downtown Lansing, L.L.C. at 119 N. Washington Square for a variance to permit two, 40 square foot wall signs and one,45 square foot projecting sign. Section 1442.24(b)(3)of the City Sign Code permits a maximum of 40 square feet of total sign area per building in the Capitol Center District. In addition, Section 1442.24(d)(4) of the City Sign Code permits a maximum area of 16 square feet for projecting signs. Therefore, this is a variance request for 85 square feet of total sign area and 29 square feet of projecting sign area. Ms. Stachowiak stated that staff is recommending approval of a variance of 40 square feet of total sign area, with the projecting sign to remain at 16 square feet. Mr. Tony Fragale, applicant, spoke in favor of this request. Mr. Ken Stockwell, owner, spoke in favor of this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Hilts stated that the City Council spent a lot of time on the ordinance standards for signs in the downtown and to approve this request without a demonstrated practical difficulty would be rendering the sign ordinance ineffective. G.Hilts moved to deny BZA-3740.02,119 N.Washington Sq.,a variance request for 85 square feet of total sign area and 29 square feet of projecting sign area. Seconded by G. Swix. VOTE YEA NAY Siebold X Hilts X McGrain X Swix X Burgess X Motion carried by a vote of 5-0. BZA-3740.02, 119 N.Washington Sq., has been denied. E. BZA-3741.02, 5430 S.Washington Ave. Sue Stachowiak presented the case. This is a request by St. Andrew Dung-Lac Church, located at 5430 S. Washington Avenue, for a variance from the height requirement for a front yard fence. The applicant proposes to construct a five (5) foot high, iron fence in the front yard of the Consumer's Energy property that is leased by the Church, and is located directly north of the property at 5430 S. Washington Avenue.Section 1292.03(a)(5)of the Zoning Code permits a maximum height of four(4) feet within a front yard for a fence that is visually open. Therefore, a variance of one(1)foot in height is being requested. Ms. Stachowiak stated that staff is not recommending approval of this request as the applicant could locate the fence outside of the front yard area. BOARD OF ZONING APPEALS MEETING MINUTES NOVEMBER 14, 2002 PAGE 5 Mr. Hao Trinh, representing St. Andrew Dung-Lac Church, spoke in favor of this request. Mr. Philupe Nguyen, representing St. Andrew Dung-Lac Church, spoke in favor of this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Hilts stated that the Board has approved fence variances in the past when the intent was safety and when vision for motorist was not impaired by its location. B. McGrain moved to approve BZA-3741.02,5430 S.Washington Ave.,a variance of one(1)foot in height,with the condition that the site improvements required by SLU-13-94 be completed, Seconded by G. Swix. VOTE YEA NAY Siebold X Hilts X McGrain X Swix X Burgess X Motion carried by a vote of 5-0, BZA-3741.02, 5430 S.Washington Ave., has been approved with a condition. IV OLD BUSINESS A. BZA-3511.98, 901 N. Larch (no action) B. BZA-3553.99, 735 E. Michigan (no action) C. BZA-3554.99, 907 W. Saginaw(no action) D. BZA-3704.02, 724 N.Walnut(no action) E. BZA-3705.02, 819 N.Walnut(no action) F. Rules of Procedure (no action) G. BZA-3729.02, 1033 Lenore Ave. (action expected) G. Swix made a motion to remove BZA-3729.02 from the table. Seconded by G. Hilts. On a voice vote, the motion carried unanimously (5-0) Ms. Stachowiak presented the case. Ms. Stachowiak stated that the applicant has made some adjustments to the plan to accommodate a corner clearance area for the driveway to the west of the church. In addition,the church has agreed to removed the upper half of the brick pillars on the fence, to allow for better vision when existing the church parking lot. J.Siebold moved to approve BZA-3729.02,1033 Lenore Ave.,a request for a front yard setback variance of 16.7 feet. Seconded by G. Hilts. VOTE YEA NAY Siefold X Hilts X McGrain X Swix X BOARD OF ZONING APPEALS MEETING MINUTES NOVEMBER 14, 2002 PAGE 6 VOTE YEA NAY Burgess X Motion carried by a vote of 5-0. BZA-3729.02, 1033 Lenore Ave., has been approved. V. PUBLIC COMMENT- none VI. APPROVAL OF MINUTES A. Minutes of October 10, 2002 J. Siebold moved to approve the minutes of October 10, 2002. Seconded by G. Hilts. Unanimous voice vote to approve. VII. NEW BUSINESS Request for excused absence from the December 12, 2002 meeting for B. McGrain. G.Swix moved to approve an excused absence for B. McGrain. Seconded by G. Hilts. Unanimous voice vote to approve. 2003 Schedule of Meeting Dates. G. Hilts moved to approve the 2003 schedule of meeting dates. Seconded by G.Swix. Unanimous voice vote to approve. Vill. ADJOURNMENT AT 9:50 p.m. Respectfully submitted, Susan Stachowiak, Zoning Admi Bator Draft to Clerk: 10/22/02 Approved: 11/14/02 Clerk: 11/19/02 MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS OCTOBER 10, 2002, 7:30 P.M. CITY COUNCIL CHAMBERS, 10T" FLOOR CITY HALL ROLL CALL The meeting was called to order by B. Burgess at 7:35 p.m. Chairman Burgess read the BZA introduction. Roll call was taken. Present: B. Burgess G. Hilts E. Horne J. Siebold B. McGrain A. Frederick F. Lain Absent: G. Swix Staff: S. Stachowiak T. Masseau A. A quorum of at least five members was present, allowing voting action to be taken at the meeting. II APPROVAL OF AGENDA III. HEARINGS/ACTION A. BZA-3728.02, 6965 Cooper Rd. Sue Stachowiak presented the case. This is a request by Stan Jackson for a variance to construct an addition to the front of the house at 6965 Cooper Rd. The addition would extend 10 feet out from the front of the house as it currently exists and would have a 20 foot front yard setback with the new addition constructed. The requirement in this area, based on the established front yard setback within 180 feet along the street, is 26 feet. Therefore, this is a variance request of 6 feet. Basically, the applicant needs more closet space in his home, and the way this house is laid out, the master bedroom is in the front of the house which makes it somewhat unique. Usually they are located on the side or rear of the house. Staff reviewed this case in accordance with the criteria set forth of the Zoning Ordinance, Section 1244.06, and in doing so, found that this request would comply with the criteria set forth in that section. Ms. Stachowiak stated that staff is recommending approval for a six foot front yard setback. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. A. Frederick stated that he read the last paragraph in the staff report and is having difficulty in understanding what a "substantial justice"would be in light of the statute. He asked staff to explain "substantial justice " in more detail. Susan Stachowiak stated that basically what "substantial justice" means is that the "intent' of the ordinance, or the "spirit' of the ordinance is upheld even though the strict letter of it may not be. In other words, in granting the variance,you are not making the ordinance useless, but rather the Board is simply saying that by granting the variance, "substantial justice" has been done. G. Hilts stated that he has a broken his foot and is having difficulty getting around his house. He said that the applicants pointed out that at their age, there is a need for more space because a persons mobility becomes impaired when you become older and it makes it difficult to get around. This makes it a lot more difficult for me to get in and out of bed on one side in my home, so that should be given more consideration. BOARD OF ZONING APPEALS MEETING MINUTES OCTOBER 10, 2002 PAGE 2 G. Hilts moved to approve BZA-3728.02, 6965 Cooper Rd.,for a front yard setback of 6 feet. Seconded by A. Frederick. VOTE YEA NAY Siebold X Hilts X Horne X Lain X McGrain X Frederick X Burgess X Motion carried by a vote of 6-1. BZA-3728.02, 6965 Cooper Rd., has been approved. B. BZA-3729.02, 1033 Lenore Ave. Sue Stachowiak presented the case.This is a request by Gove Associates,on behalf of Christ Temple Church, William Warren, Pastor, at 1033 Lenore Ave. The church wishes to construct an addition to the front of the existing church building that would have a 2.3 foot front yard setback. The requirement is 20 feet, and therefore, this is a variance request of 17.7 feet for a front yard setback. The church building as it exists right now, is nonconforming for front yard setback,side yard setback and possibly parking. It also lacks the required 2 acres for a church in the"B"Residential district and does not have frontage on a major/minor arterial. Since it is nonconforming for several reasons, in addition to this application for a front yard setback variance, the applicant has also applied for a Class A nonconforming use status from the Planning Board. The Class A application will not be dealt with until such time as this variance issue is resolved. Staff reviewed this case and conducted some on- site visits. There is a decorative brick wall that sits on the front property line near the sidewalk. When staff went out to review this, there were some concerns regarding the setback. Staff can understand the applicant's desire to make the church handicapped accessible,since right now,it is not accessible. There are steps leading into the front of the church and also steps in the back. Staff feels that making the church handicapped accessible is very important, however, we are concerned about the 2.3 foot front yard setback creating visibility problems for the neighbor to the west as well as for traffic exiting the church parking lot onto Lenore. Staff recommended that this case be tabled until the applicant presents a revised request that has a greater front yard setback and observes more corner clearance area for the driveway to west. Staff feels that the requested variance of 17.7 feet, is just too great. Tony Raykovich, Gove Associates, applicant, spoke in favor of this request. Mr. Raykovich distributed some photographs to the Board. He said that the fence/wall is a vision obstruction as it currently exists. Clarence Green, Deacon of Christ Temple Church, spoke in favor of this request. Mr. Green stated that they are really in need of a handicapped accessible church. Ricardo Torres,stated that he is neighbor across the street and to the west of Christ Temple Church. Mr. Torres spoke in favor of this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. E. Horne moved to table BZA-3729.02, 1033 Lenore Ave., a variance of 17.7 feet. Seconded by A. Frederick. VOTE YEA NAY Siebold X BOARD OF ZONING APPEALS MEETING MINUTES OCTOBER 10, 2002 PAGE 3 VOTE YEA NAY Hilts X Horne X Lain X McGrain X Frederick X Burgess X Motion carried by a vote of 7-0. BZA-3729.02, 1033 Lenore Ave., has been tabled. C. BZA-3730.02, 2019 Worden Sue Stachowiak presented the case. This is a request by Bruce Kruger, current owner of 2019 Worden, for a side yard setback variance on a recently built house. When the building permit was issued, the site plan showed a five foot side yard setback, which is the requirement (10% of the lot width). Since it is a 50 foot wide lot, a five foot side yard setback is required. Once the house was built and the applicant obtained a survey, it revealed that the actual side yard setback is 3.9 feet at its closest point. It tapers out towards the front,so at the front of the house there is a 4.4 foot side yard setback. There is room on the lot for it to be constructed in compliance with the setback.This is a very slight deviation from the setback requirement. It was an error that was created by one the owner's staff and then was not caught during any of the early inspections by the City. Staff is recommending approval of this request however,the building inspector is concerned about the drainage problem that has been created for the next door neighbor. The grade has been built up on the applicant's property and is creating some serious run off problems for the next door neighbor. This problem would still exist even if they would have met the five foot side yard setback because one foot does not make a difference in this regard. Since, we are at this point with the variance, we feel that as a condition of the variance, the applicant should be required to construct a short retaining wall for the entire length of the side of the house (36 feet). Mr. Mike Markey, representing the applicant, spoke in favor of this request. Ms. Mary Sablin, 2027 Worden, next door neighbor, spoke against this request. Ms. Sablin stated that during construction of the house, the applicant damaged her yard by driving over it with their construction vehicles. She also stated that she has a fence and plant materials that were destroyed by the applicant. Ms. Sablin provided photographs to the Board to illustrate her concerns. Ms. Lorena Kramer, owner of the property at 2015 Worden, spoke against this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Frederick stated that denial of this variance would literally require the applicant to move a new house and since the problem was clearly done in error and was not intentional, he is supportive of the variance. A. Frederick moved to approve BZA-3730.02, 2019 Worden, a side yard setback variance of 1.1 feet with the condition that storm run off be controlled by a retaining wall that's at least 12 inches above grade that extends the length of the house and that the retaining wall have the number and date of this variance permanently displayed, so that as to be visible from the street; and also that the neighbors property be restored to conditions existing before the construction began. Seconded by E. Horne. VOTE YEA NAY Siebold X BOARD OF ZONING APPEALS MEETING MINUTES OCTOBER 10, 2002 PAGE 4 VOTE YEA NAY Hilts X Horne X Lain X McGrain X Frederick X Burgess X Motion carried by a vote of 7-0. BZA-3730.02, 2019 Worden, has been approved. Mike Markey asked the Board to explain the conditions. Ms. Stachowiak told Mr. Markey to contact her and she would go over the required conditions with him. D. BZA-3731.02, 1722 Pattengill Sue Stachowiak presented the case. This is a request by Linda Evans Middaugh, owner of the 1722 Pattengill. The applicant is proposing to construct a porch on the front of the house that would extend six feet into the front yard. The required setback, in this case, is 30 feet. The applicant's house currently has a 31 foot front yard setback, so with the six foot porch,they end up having a 25 foot front yard setback which is a variance of five feet. Staff is of the opinion that this is a reasonable request and should be approved,with some design requirements to minimize the impact on the neighborhood. Ms. Stachowiak stated that the practical difficulty is this case is that,without a variance, the applicant would not be able to construct a porch beyond the cement stoop which they have right now. Mr. Middaugh, applicant, spoke in favor of this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. The Board J.Siebold moved to approve BZA-3731.02,1722 Pattengill,a variance request for a front yard setback of 5 feet with the following conditions: (1) The front porch, including steps and roof supports be primed and painted or stained to compliment or match the house color. The stain or paint may be applied after 6 months and must be completed within 9 months. (2) The 3 foot high guardrail (as represented in the Design-it sheet provided by the applicant) be eliminated from the design, as the guardrail is not required by the Building Safety Office for porches 2 foot off ground. The high guardrail is not in keeping with the scale of the house and will obstruct views from the front window. (3) A stained or painted apron with ventilation be applied around the base of the porch. (4) Install small landscape bushes and plants to define porch floor edges. Seconded by E. Horne. VOTE YEA NAY Siebold X Hilts X BOARD OF ZONING APPEALS MEETING MINUTES OCTOBER 10, 2002 PAGE 5 VOTE YEA NAY Horne X Lain X McGrain X Frederick X Burgess X Motion carried by a vote of 7-0. BZA-3731.02, 1722 Pattengill, has been approved. (5) BZA-3732.02, 1900 Kaplan Sue Stachowiak presented the case. This is a request by Kenneth Van Dyk, for a variance to retain and complete construction of a 1,332 square foot, 18 foot high garage on the property located at 1900 Kaplan Street. Section 1248.03(5)limits the size of a garage to 720 square feet. Section 1248.10(b) limits the maximum height of a garage to 15 feet. Therefore, variances of 612 square feet and 3 feet in height are requested. Ms. Stachowiak stated that staff is recommending denial of this request for lack of a practical difficulty, hardship and uniqueness. Mr. Ken Van Dyk, applicant, spoke in favor of this request. Ms.Vicki Knowlton, whom resides at 2102 Sunset, spoke in favor of this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. A. Frederick moved to deny BZA-3732.02, 1900 Kaplan, variances of 612 square feet and 3 feet in height. Seconded by G. Hilts. VOTE YEA NAY Siebold X Hilts X Horne X Lain X McGrain X Frederick X Burgess X Motion carried by a vote of 7-0. BZA-3732.02, 1900 Kaplan, has been denied. (6) BZA-3733.02, 324 W. Mason St. Sue Stachowiak presented the case. This is a request by Adam and Jennifer Sayer. The applicants are proposing to construct an addition to an existing garage at 324 E. Mason Street that would have a 0-foot side yard setback, and a total floor area of 1,536 square feet. Section 1248.03(b)(7)requires an accessory structure to be located not closer than 3 feet to a side lot property line in an "A" Residential Zoning District. In addition, Section 1248.03(b)(5)permits a maximum floor area of 720 square feet for a private garage. Therefore, a side yard setback variance of 3 feet and a variance of 816 square feet of garage area is requested. Ms.Stachowiak stated that staff is recommending denial BOARD OF ZONING APPEALS MEETING MINUTES OCTOBER 10, 2002 PAGE 6 of this request for lack of a practical difficulty, hardship and uniqueness. Mr. Adam Sayer, 324 Mason Street, spoke in favor of his request. Mr. Sayer stated that he has a growing family and is in need of additional space. Mrs. Jennifer Sayer, 324 Mason Street, also spoke in favor of her request. Mr. Mark Wrigglesworth, 328 E. Mason Street, spoke in favor of the request. Mr. Mark Phillips, 314 E. Mason Street, spoke in favor of the request. Mr. Dick Williams, 315 E. Mason Street, spoke in favor of the request. Mr. Fabian Benavides, 329 E. Mason Street, spoke in favor of the request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Frederick asked what the applicant would be allowed under the proposed ordinance standards regulating sizes of garages. Ms. Stachowiak stated that the applicant would be permitted a 790 square foot garage and a total of 1,100 square feet of accessory space for two structures (one garage and one shed). A. Frederick moved to approve an amended BZA-3733.02,324 W. Mason St.,a variance for a 790 square foot garage and a 310 square foot accessory building. Seconded by B. McGrain. VOTE YEA NAY Siebold X Hilts X Horne X Lain X McGrain X Frederick X Burgess X Motion carried by a vote of 7-0. BZA-3733.02, 324 W. Mason, as amended, has been approved. IV OLD BUSINESS A. BZA-3511.98, 901 N. Larch (no action) B. BZA-3553.99, 735 E. Michigan (no action) C. BZA-3554.99, 907 W. Saginaw(no action) D. BZA-3704.02, 724 N.Walnut(no action) E. BZA-3705.02, 819 N.Walnut(no action) F. Rules of Procedure (no action) G. BZA-3722.02, 2420 Delta River Dr. (action expected) A. Frederick made a motion to remove BZA3722.02 from the table. Seconded by E. Horne. On a voice vote, the motion carried unanimously (7-0) BOARD OF ZONING APPEALS MEETING MINUTES OCTOBER 10, 2002 PAGE 7 Ms. Stachowiak presented the case. Ms. Stachowiak stated that the applicant had finished with his list of conditions from the September meeting. She stated that there was discussion about requiring curbing along the entire length of the driveway (west side only). She recommended that this be completed within six months from the date of this approval. A. Frederick moved to approve BZA-3722.02, 2420 Delta River Dr.,a request for a side yard variance of 2 feet with the condition that the applicant extend the curb along the entire west edge of the driveway to direct all runoff away from the neighbor's property, and that this be completed within six(6) months. Seconded by B. McGrain. VOTE YEA NAY Siefold X Hilts X Horne X Lain X McGrain X Frederick X Burgess X Motion carried by a vote of 6-1. BZA-3722.02, 2420 Delta River Dr., has been approved. V. PUBLIC COMMENT- none VI. APPROVAL OF MINUTES A. Minutes of September 12, 2002 A. Frederick moved to approve the minutes of September 12, 2002. Seconded by E. Horne. Unanimous voice vote to approve. VII. NEW BUSINESS - none Vlll. ADJOURNMENT AT 9:52 p.m. Respectfully submitted, X-J�I�r Susan Stachowiak, Zoning Administrator Draft to Clerk: 10/22/02 Approved Clerk MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS OCTOBER 10, 2002, 7:30 P.M. CITY COUNCIL CHAMBERS, 10T" FLOOR CITY HALL ROLL CALL The meeting was called to order by B. Burgess at 7:35 p.m. Chairman Burgess read the BZA introduction. Roll call was taken. Present: B. Burgess G. Hilts E. Horne J. Siebold B. McGrain A. Frederick F. Lain Absent: G. Swix Staff: S. Stachowiak T. Masseau A. A quorum of at least five members was present, allowing voting action to be taken at the meeting. II APPROVAL OF AGENDA III. HEARINGS/ACTION A. BZA-3728.02, 6965 Cooper Rd. Sue Stachowiak presented the case. This is a request by Stan Jackson for a variance to construct an addition to the front of the house at 6965 Cooper Rd. The addition would extend 10 feet out from the front of the house as it currently exists and would have a 20 foot front yard setback with the new addition constructed. The requirement in this area,based on the established front yard setback within 180 feet along the street, is 26 feet. Therefore, this is a variance request of 6 feet. Basically, the applicant needs more closet space in his home, and the way this house is laid out, the master bedroom is in the front of the house which makes it somewhat unique. Usually they are located on the side or rear of the house. Staff reviewed this case in accordance with the criteria set forth of the Zoning Ordinance, Section 1244.06, and in doing so, found that this request would comply with the criteria set forth in that section. Ms. Stachowiak stated that staff is recommending approval for a six foot front yard setback. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. A. Frederick stated that he read the last paragraph in the staff report and is having difficulty in understanding what a "substantial justice"would be in light of the statute. He asked staff to explain "substantial justice" in more detail. Susan Stachowiak stated that basically what "substantial justice" means is that the "intent' of the ordinance, or the "spirit' of the ordinance is upheld even though the strict letter of it may not be. In otherwords, in granting the variance,you are not making the ordinance useless, but ratherthe Board is simply saying that by granting the variance, "substantial justice" has been done. G. Hilts stated that he has a broken his foot and is having difficulty getting around his house. He said that the applicants pointed out that at their age, there is a need for more space because a persons mobility becomes impaired when you become older and it makes it difficult to get around. This makes it a lot more difficult for me to get in and out of bed on one side in my home, so that should be given more consideration. BOARD OF ZONING APPEALS MEETING MINUTES OCTOBER 10, 2002 PAGE 2 G. Hilts moved to approve BZA-3728.02, 6965 Cooper Rd.,for a front yard setback of 6 feet. Seconded by A. Frederick. VOTE YEA NAY Siebold X Hilts X Horne X Lain X McGrain X Frederick X Burgess X Motion carried by a vote of 6-1. BZA-3728.02, 6965 Cooper Rd., has been approved. B. BZA-3729.02, 1033 Lenore Ave. Sue Stachowiak presented the case.This is a request by Gove Associates,on behalf of Christ Temple Church,William Warren, Pastor, at 1033 Lenore Ave. The church wishes to construct an addition to the front of the existing church building that would have a 2.3 foot front yard setback. The requirement is 20 feet, and therefore, this is a variance request of 17.7 feet for a front yard setback. The church building as it exists right now, is nonconforming forfront yard setback,side yard setback and possibly parking. It also lacks the required 2 acres for a church in the"B"Residential district and does not have frontage on a major/minor arterial. Since it is nonconforming for several reasons, in addition to this application for a front yard setback variance, the applicant has also applied for a Class A nonconforming use status from the Planning Board. The Class A application will not be dealt with until such time as this variance issue is resolved. Staff reviewed this case and conducted some on- site visits. There is a decorative brick wall that sits on the front property line near the sidewalk. When staff went out to review this, there were some concerns regarding the setback. Staff can understand the applicant's desire to make the church handicapped accessible,since right now,it is not accessible. There are steps leading into the front of the church and also steps in the back. Staff feels that making the church handicapped accessible is very important, however,we are concerned about the 2.3 foot front yard setback creating visibility problems for the neighbor to the west as well as for traffic exiting the church parking lot onto Lenore. Staff recommended that this case be tabled until the applicant presents a revised request that has a greater front yard setback and observes more corner clearance area for the driveway to west. Staff feels that the requested variance of 17.7 feet, is just too great. Tony Raykovich, Gove Associates, applicant, spoke in favor of this request. Mr. Raykovich distributed some photographs to the Board. He said that the fence/wall is a vision obstruction as it currently exists. Clarence Green, Deacon of Christ Temple Church, spoke in favor of this request. Mr. Green stated that they are really in need of a handicapped accessible church. Ricardo Torres,stated that he is neighbor across the street and to the west of Christ Temple Church. Mr. Torres spoke in favor of this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. E. Horne moved to table BZA-3729.02, 1033 Lenore Ave., a variance of 17.7 feet. Seconded by A. Frederick. VOTE YEA NAY Siebold X BOARD OF ZONING APPEALS MEETING MINUTES OCTOBER 10, 2002 PAGE 3 VOTE YEA NAY Hilts X Horne X Lain X McGrain X Frederick X Burgess X Motion carried by a vote of 7-0. BZA-3729.02, 1033 Lenore Ave., has been tabled. C. BZA-3730.02, 2019 Worden Sue Stachowiak presented the case. This is a request by Bruce Kruger, current owner of 2019 Worden, for a side yard setback variance on a recently built house. When the building permit was issued, the site plan showed a five foot side yard setback, which is the requirement(10% of the lot width). Since it is a 50 foot wide lot, a five foot side yard setback is required. Once the house was built and the applicant obtained a survey, it revealed that the actual side yard setback is 3.9 feet at its closest point. It tapers out towards the front,so at the front of the house there is a 4.4 foot side yard setback. There is room on the lot for it to be constructed in compliance with the setback.This is a very slight deviation from the setback requirement. It was an error that was created by one the owner's staff and then was not caught during any of the early inspections by the City. Staff is recommending approval of this request however,the building inspector is concerned about the drainage problem that has been created for the next door neighbor. The grade has been built up on the applicant's property and is creating some serious run off problems for the next door neighbor. This problem would still exist even if they would have met the five foot side yard setback because one foot does not make a difference in this regard. Since, we are at this point with the variance, we feel that as a condition of the variance, the applicant should be required to construct a short retaining wall for the entire length of the side of the house (36 feet). Mr. Mike Markey, representing the applicant, spoke in favor of this request. Ms. Mary Sablin, 2027 Worden, next door neighbor, spoke against this request. Ms. Sablin stated that during construction of the house, the applicant damaged her yard by driving over it with their construction vehicles. She also stated that she has a fence and plant materials that were destroyed by the applicant. Ms. Sablin provided photographs to the Board to illustrate her concerns. Ms. Lorena Kramer, owner of the property at 2015 Worden, spoke against this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Frederick stated that denial of this variance would literally require the applicant to move a new house and since the problem was clearly done in error and was not intentional, he is supportive of the variance. A. Frederick moved to approve BZA-3730.02, 2019 Worden, a side yard setback variance of 1.1 feet with the condition that storm run off be controlled by a retaining wall that's at least 12 inches above grade that extends the length of the house and that the retaining wall have the number and date of this variance permanently displayed, so that as to be visible from the street; and also that the neighbors property be restored to conditions existing before the construction began. Seconded by E. Horne. VOTE YEA NAY Siebold X BOARD OF ZONING APPEALS MEETING MINUTES OCTOBER 10, 2002 PAGE 4 VOTE F YEA NAY Hilts X Horne X Lain X McGrain X Frederick X Burgess X Motion carried by a vote of 7-0. BZA-3730.02, 2019 Worden, has been approved. Mike Markey asked the Board to explain the conditions. Ms. Stachowiak told Mr. Markey to contact her and she would go over the required conditions with him. D. BZA-3731.02, 1722 Pattengill Sue Stachowiak presented the case. This is a request by Linda Evans Middaugh, owner of the 1722 Pattengill. The applicant is proposing to construct a porch on the front of the house that would extend six feet into the front yard. The required setback, in this case, is 30 feet. The applicant's house currently has a 31 foot front yard setback,so with the six foot porch,they end up having a 25 foot front yard setback which is a variance of five feet. Staff is of the opinion that this is a reasonable request and should be approved,with some design requirements to minimize the impact on the neighborhood. Ms. Stachowiak stated that the practical difficulty is this case is that,without a variance,the applicant would not be able to construct a porch beyond the cement stoop which they have right now. Mr. Middaugh, applicant, spoke in favor of this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. The Board J.Siebold moved to approve BZA-3731.02,1722 Pattengill,a variance request for a front yard setback of 5 feet with the following conditions: (1) The front porch, including steps and roof supports be primed and painted or stained to compliment or match the house color. The stain or paint may be applied after 6 months and must be completed within 9 months. (2) The 3 foot high guardrail (as represented in the Design-it sheet provided by the applicant) be eliminated from the design, as the guardrail is not required by the Building Safety Office for porches 2 foot off ground. The high guardrail is not in keeping with the scale of the house and will obstruct views from the front window. (3) A stained or painted apron with ventilation be applied around the base of the porch. (4) Install small landscape bushes and plants to define porch floor edges. Seconded by E. Horne. VOTE YEA NAY Siebold X Hilts X BOARD OF ZONING APPEALS MEETING MINUTES OCTOBER 10, 2002 PAGE 5 VOTE YEA NAY Horne X Lain X McGrain X Frederick X Burgess X Motion carried by a vote of 7-0. BZA-3731.02, 1722 Pattengill, has been approved. (5) BZA-3732.02, 1900 Kaplan Sue Stachowiak presented the case. This is a request by Kenneth Van Dyk, for a variance to retain and complete construction of a 1,332 square foot, 18 foot high garage on the property located at 1900 Kaplan Street. Section 1248.03(5)limits the size of a garage to 720 square feet. Section 1248.10(b) limits the maximum height of a garage to 15 feet. Therefore, variances of 612 square feet and 3 feet in height are requested. Ms. Stachowiak stated that staff is recommending denial of this request for lack of a practical difficulty, hardship and uniqueness. Mr. Ken Van Dyk, applicant, spoke in favor of this request. Ms. Vicki Knowlton, whom resides at 2102 Sunset, spoke in favor of this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. A. Frederick moved to deny BZA-3732.02, 1900 Kaplan, variances of 612 square feet and 3 feet in height. Seconded by G. Hilts. VOTE YEA NAY Siebold X Hilts X Horne X Lain X McGrain X Frederick X Burgess X Motion carried by a vote of 7-0. BZA-3732.02, 1900 Kaplan, has been denied. (6) BZA-3733.02, 324 W. Mason St. Sue Stachowiak presented the case. This is a request by Adam and Jennifer Sayer. The applicants are proposing to construct an addition to an existing garage at 324 E. Mason Street that would have a 0-foot side yard setback,and a total floor area of 1,536 square feet. Section 1248.03(b)(7)requires an accessory structure to be located not closer than 3 feet to a side lot property line in an "A" Residential Zoning District. In addition, Section 1248.03(b)(5)permits a maximum floor area of 720 square feet for a private garage. Therefore, a side yard setback variance of 3 feet and a variance of 816 square feet of garage area is requested. Ms.Stachowiak stated that staff is recommending denial BOARD OF ZONING APPEALS MEETING MINUTES OCTOBER 10, 2002 PAGE 6 of this request for lack of a practical difficulty, hardship and uniqueness. Mr. Adam Sayer, 324 Mason Street, spoke in favor of his request. Mr. Sayer stated that he has a growing family and is in need of additional space. Mrs. Jennifer Sayer, 324 Mason Street, also spoke in favor of her request. Mr. Mark Wrigglesworth, 328 E. Mason Street, spoke in favor of the request. Mr. Mark Phillips, 314 E. Mason Street, spoke in favor of the request. Mr. Dick Williams, 315 E. Mason Street, spoke in favor of the request. Mr. Fabian Benavides, 329 E. Mason Street, spoke in favor of the request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Frederick asked what the applicant would be allowed under the proposed ordinance standards regulating sizes of garages. Ms. Stachowiak stated that the applicant would be permitted a 790 square foot garage and a total of 1,100 square feet of accessory space for two structures (one garage and one shed). A. Frederick moved to approve an amended BZA-3733.02,324 W. Mason St.,a variance for a 790 square foot garage and a 310 square foot accessory building. Seconded by B. McGrain. VOTE YEA NAY Siebold X Hilts X Horne X Lain X McGrain X Frederick X Burgess X Motion carried by a vote of 7-0. BZA-3733.02, 324 W. Mason, as amended, has been approved. IV OLD BUSINESS A. BZA-3511.98, 901 N. Larch (no action) B. BZA-3553.99, 735 E. Michigan (no action) C. BZA-3554.99, 907 W. Saginaw(no action) D. BZA-3704.02, 724 N.Walnut(no action) E. BZA-3705.02, 819 N.Walnut(no action) F. Rules of Procedure (no action) G. BZA-3722.02, 2420 Delta River Dr. (action expected) A. Frederick made a motion to remove BZA3722.02 from the table. Seconded by E. Horne. On a voice vote, the motion carried unanimously (7-0) BOARD OF ZONING APPEALS MEETING MINUTES OCTOBER 10, 2002 PAGE 7 Ms. Stachowiak presented the case. Ms. Stachowiak stated that the applicant had finished with his list of conditions from the September meeting. She stated that there was discussion about requiring curbing along the entire length of the driveway (west side only). She recommended that this be completed within six months from the date of this approval. A. Frederick moved to approve BZA-3722.02,2420 Delta River Dr.,a request for a side yard variance of 2 feet with the condition that the applicant extend the curb along the entire west edge of the driveway to direct all runoff away from the neighbor's property, and that this be completed within six(6) months. Seconded by B. McGrain. VOTE YEA NAY Siefold X Hilts X Horne X Lain X McGrain X Frederick X Burgess X Motion carried by a vote of 6-1. BZA-3722.02, 2420 Delta River Dr., has been approved. V. PUBLIC COMMENT- none VI. APPROVAL OF MINUTES A. Minutes of September 12, 2002 A. Frederick moved to approve the minutes of September 12, 2002. Seconded by E. Horne. Unanimous voice vote to approve. Vll. NEW BUSINESS - none VIII. ADJOURNMENT AT 9:52 p.m. Respectfully submitted, Susan Stachowiak, Zoning Administrator Draft to Clerk: 09/23/02 Approved: 10/10/02 Clerk: 10/15/02 MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS SEPTEMBER 12, 2002, 7:30 P.M. CITY COUNCIL CHAMBERS, 10T" FLOOR CITY HALL ROLL CALL The meeting was called to order by B. Burgess at 7:38 p.m. Chairman Burgess read the BZA introduction. Roll call was taken. Present: B. Burgess G. Swix E. Horne B. McGrain A. Frederick F. Lain Absent: J. Siebold G. Hilts Staff: S. Stachowiak A. A quorum of at least four members was present, allowing voting action to be taken at the meeting. II APPROVAL OF AGENDA A. Frederick made the motion to add "excused absence request" under new business. Seconded by Ms. Horne. Unanimous voice vote to approve. III. HEARINGS/ACTION A. BZA-3722.02, 2420 Delta River Dr. Sue Stachowiak presented the case. This is a request by Ben Rassizi for aside yard setback variance for an attached, open carport on the west side of the house at 2420 Delta River Drive. There are several diagrams in the packet that illustrate where the carport is located on the site. Essentially,the ordinance requires a three(3)foot setback for attached carports. The carport is 10'by 24', is attached to an existing one car garage and has a one (1) foot side yard setback. Therefore, a two (2) foot variance is requested. Ms. Stachowiak stated that the carport was constructed without benefit of a permit and if the variance is not granted, it will have to be taken down. The staff is in agreement that there is some degree of practical difficulty involved here and for that reason we are recommending that it be approved. The placement of the house on the lot limits the applicants ability to be able to have an enclosed space for two vehicles that would be in compliance with the ordinance. She stated that covered space for two vehicles is a perfectly reasonable thing to be able to do on a single family lot in the City. She said that the applicant cannot reduce the carport by two feet to comply with the ordinance, because it would be too small to hold a vehicle. Staff recommends that at this meeting, the request be tabled until the applicant satisfies the following five conditions as listed on the addendum to the staff report, by the next meeting on October 10, 2002: 1. Place a larger downspout at the back end (northwest corner) of the carport that directs the water runoff east of the applicant's spruce tree to better direct runoff away from the neighboring property and into the applicant's property(see photo#3). 2. Install a taller edge (8-12" high) to the gutter that runs along the carport to ensure that all runoff from the carport is directed to the downspout. 3. Relocate the garage downspout to the other(east) side of the garage to direct runoff away from driveway and into yard.Other options:The applicant may also consider extending the"curbing"along the edge of his driveway to direct all runoff away from the neighbor's property and towards the street. Another option in redirecting runoff may include keeping the downspout in its current location, but only after a "gutter pan" be worked into the existing driveway to direct runoff from that downspout, down the driveway and toward the street. BOARD OF ZONING APPEALS MEETING MINUTES September 12, 2002 PAGE 2 4. Pile any snow at least 3 feet from the neighbor's fence, preferably to the other side of the driveway. 5.That the Ardvark Mfg/Home Supply business be charged an"inspection fee"by the City of Lansing's Building Safety Office for work to be done without a permit that subsequently requires an on-site inspection. A. Frederick stated that he would like condition number three, that lists extending the curb along the driveway or installing a gutter pan as options, to be a required condition because if the gutter is not in good repair and gets plugged, there maybe just as much a problem as there is now. Mr. Ben Rassizi, applicant, spoke in favor of his request. Mr. Bert Audette, resides at 2426 Delta River, spoke against this request. Mr. Audette stated that his property gets a lot of run-off from Mr. Rassizi's property and this problem has gotten significantly worse since the construction of the carport and the added pavement. Mr. Fred Barberio, resides at 915 Westmoreland, spoke in favor of this request. Mr. Ken Watson, Ardvark Construction, spoke in favor of this request. Mr. Watson stated that he intended to obtain a building permit. Ms.Jill Rassizi, applicant's daughter, resides at 321 Bingham St.,stating that there is more going on here than just talk about the carport. She also stated that the Drain Commissioner has a complete report saying that the driveway was in the bounds of where it was suppose to be. Ms. Sally Audette, resides at 2426 Delta River, spoke in opposition to this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. The Board members reviewed the photographs that were provided by Mr. And Mrs. Audette. A.Frederick moved to table BZA-3722.02,2420 Delta River Dr.,a side yard setback variance of 2 feet,until the October 10,2002 meeting,at which time the first four conditions listed by staff must be completed. Seconded by E. Horne. VOTE YEA NAY Swix X Horne X Lain X McGrain X Frederick X Burgess X Motion carried by a vote of 6-0. BZA-3722.02, 2420 Delta River Dr, has been tabled. B. BZA-3723.02, Lot#63, Inverary Ave. Sue Stachowiak presented the case.This is a request by Calvin Lynch,the owner of lot#63, Inverary Drive. This is a variance request to construct a new home with both an attached and a detached garage. The home would have a side yard setback of zero feet. The required side yard setback is 6 feet. This is also a request to construct two garages,which would exceed the allowable 1,000 square feet area requirement for all accessory structures on a lot. A single family lot is permitted to have one garage which cannot exceed 720 square feet. In this case, the applicant is proposing two accessory BOARD OF ZONING APPEALS MEETING MINUTES September 12, 2002 PAGE 3 structures with a combined area of 1,059 square feet. Ms. Stachowiak stated that the detached garage does not need a 30 foot rear yard setback as shown on the plot plan. She said that it could actually be pushed back to a three foot setback on the lot which would allow the house to be located further back on the lot, thus allowing more room between the house and the side lot lines. She said that there is also more than adequate room to have one good size attached garage. In fact, under the proposed garage standards,the applicant, based on his lot size,would be permitted to have one 840 square foot detached garage or one 1,000 square foot attached garage. When these standards are approved,the applicant will be able to get a very decent size garage on this lot, but he will not be able to have two garages. Therefore, staff is not supportive of the variances for the garages. In addition, staff is not supportive of the zero foot side yard setback. She said that the applicant has not demonstrated any practical difficulty that would warrant a variance from the ordinance requirements. She also stated that there is no reason at all why the proposed house cannot be situated on this lot in compliance with the six foot setback; it is just a matter of mere preference which is not sufficient for staff to give a positive recommendation. Ms. Stachowiak pointed out that there are letters of objection from some of the surrounding neighbors. Mr.Calvin Lynch,spoke in favor of his request. He stated that he will have a lot of family living with him and that he has a total of 8 vehicles. He explained that these are the reasons why he needs the two garages. He also explained that it took him three years to find a house plan that he likes and in order to meet his needs, it would need to be located on the lot line. Mr. Lynch stated that this lot has always been vacant, partly because it backs up to a commercial development. Ms. B.J. Hamilton, 3500 Glasgow, spoke against this request. Ms.Margaret Henrizi, 3601 Inverary, spoke against this request as this house would be built right on her lot line. She stated that if Mr. Lynch needed to do anything on the side of his house, he would have to come on her property. Ms.Donna Holey,3601 Christine Dr.,spoke against this requestand does notthink this is appropriate for eight cars. Mr. Richard Henrizi,lives next door at 3601 Inverary, spoke against this request due to the fact that they would have to go onto their property for maintenance. Ms. Ruby Bennett, resides at 3622 Christine Dr., spoke against this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Lane stated that he lives near this property and the lot has never been a nuisance to the neighborhood, as indicated by Mr. Lynch. In addition, Mr. Lane stated that the layout, as proposed by Mr. Lynch, would not fit in with the character of the surrounding neighborhood. Mr. Frederick stated that the neighbor made a very good point about the applicant having to go on her lot in order to maintain the side of his house, if it were to be located on the property line. The Board members agreed that there was no practical difficulty thatwould prevent the applicant from being able to comply with the Ordinance requirements. They stated that a variance must be based on more than a matter of mere preference by an applicant. A.Frederick.moved to deny BZA-3723.02,Lot#63,Inverary Ave.,a variance for 6 feet to the side yard setback requirement, one additional garage and 59 square feet of accessory structure floor area are requested. Seconded by F. Lain. VOTE YEA NAY Swix X BOARD OF ZONING APPEALS MEETING MINUTES September 12, 2002 PAGE 4 VOTE YEA NAY Horne X Lain X McGrain X Frederick X Burgess X Motion carried by a vote of 6-0. BZA-3723.02, Lot#63, Inverary Ave., has been denied. C. BZA-3724.02, 1301 Lenore Ave. Sue Stachowiak presented the case. This is a request by Elias and Susan Atallah, owners of the property at 1301 Lenore Avenue. The applicant is requesting a variance from the required front yard setback in the"B"Residential district to construct a small, 10.5'x 14'addition to the front of the house that would have a 15 foot front yard setback on Lenore Street. She stated that the ordinance requires a 29 foot front yard setback for the subject property. The applicant is proposing a 15 foot setback which is a variance of 14 feet. The addition would be even with the front of the existing house. As the staff report indicates, this lot is only 39.5 feet wide and being a corner lot, it has two front yard setback requirements. Ms. Stachowiak stated that there is a definite practical difficulty in this case because at a 39.5' width, it is almost impossible to construct anything on this lot that would comply with the setback requirements. Since the front yard requirement is 29 feet and the side yard requirement is 4 feet,that leaves 6.5 feet of buildable area on this lot. Staff is recommending that this variance be approved with the three conditions listed in the staff report which are essentially focused on making sure that the addition is consistent with the architecture of the rest of the house. Mr. Habib Atallah, the applicant's son, spoke in favor of their request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Frederick stated that the practical difficulty, involving the lot size and it being a corner lot, is very clear. B.McGrain moved to approve BZA-3724.02,1301 Lenore Ave.,a front yard setback variance of 14 feet with the following conditions: 1. The front building line of the addition shall be on the same plane as the principal structure to leave the bay window extended out from the wall surface, 2. Roof pitch to follow that of the principal structure. Extending the highest roof line to the new addition is suggested to maintain continuity of structure, 3. To be consistent with the architecture and maintain the overall character of the principal structure,exterior wall finish,windows,entry door,and color of the new addition shall match the existing structure. Picture windows are suggested for the front and sliding doors on the side (if desired)to create a feeling of"openness" and blend with the front yard. Seconded by A. Frederick. VOTE YEA NAY Swix X Horne X BOARD OF ZONING APPEALS MEETING MINUTES September 12, 2002 PAGE 5 VOTE F YEA NAY Lain X McGrain X Frederick X Burgess X Motion carried by a vote of 6-0. BZA-3724.02, 1301 Lenore Ave., has been approved. D. BZA-3726.02, 1203 Bement St. Sue Stachowiak presented the case. This is a request by Gary Lintemuth for the property of 1203 Bement Street. This is a request for a 14.5 foot front yard setback for a detached garage. The required front yard setback is 20 feet. Therefore, a front yard setback variance of 5.5 feet is requested. Under the proposed ordinance standards, the applicant would not even need a variance as the proposed setback of the garage is greater thatthe average setback of the other structures within 180 feet. The applicant is proposing to remove an existing detached garage and construct a new,24' x 22' garage, which is a very reasonable size for a two car garage. Once again, staff feels that the applicant is at a definite disadvantage because this is also a corner lot which is only 39.5 feet in width. This makes it almost impossible to build any garage,whether attached or detached thatwould comply with the requirements of the Zoning Ordinance. Mr. Gary Lintemuth, applicant, spoke in favor of this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. The Board agreed that the practical difficulty in this case is very evident. G. Swix moved to approve BZA-3726.02, 1203 Bement St., a variance request for a front yard setback of 5.5 feet. Seconded by E. Horne. VOTE YEA NAY Swix X Horne X Lain X McGrain X Frederick X Burgess X Motion carried by a vote of 6-0. BZA-3726.02, 1203 Bement St., has been approved. E. BZA-3727.02,404 S.Jenison Sue Stachowiak presented the case. This is a request for side and rear yard setback variances for an attached garage at 404 S. Jenison. The applicant applied for a building permit, a copy of which is contained in the packet, to replace a garage. The garage that was being replaced was a detached garage located in the rear yard as shown on the diagrams included in the packet. There are two diagrams in the packet;one is labeled new garage and the other one is labeled previous garage. What has been constructed is an attached garage. Since this is an attached garage, it has to meet the BOARD OF ZONING APPEALS MEETING MINUTES September 12, 2002 PAGE 6 requirements of the principal structure which is a 30 foot rear yard setback and a six foot side yard setback. The applicant has a four foot side yard setback which is a variance of two feet and has a seven foot rear yard setback which is a variance of 23 feet. Staff is recommending approval of this request for a couple different reasons. First, because it is a corner lot and is only 81 feet deep, with a 30 foot setback, it makes it difficult for the applicant to put a garage that would structural line up with the home so that it would be connected in the right place. The breeze way is in the right place. The other reason is because there has been a garage in this location for a very long time and the only thing that has changed is this breeze way connecting the two. The should be no negative affects on the neighbors as they are used to seeing a garage in this location and the only thing that has changed is the addition of a breeze way. There was one letter of support from a neighbor and no letters of objection. Mr. Brindley Byrd,Qx2 Contracting Inc.,on behalf of the owners, Tim and Vicki Knowlton, spoke in favor of this request. Ms.Vicki Knowlton, owner, spoke in favor of this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Frederick stated that if the applicant had come to the Board before constructing the breezeway, the Board probably would have approved the variance. He added that since there is a practical difficulty with the lot, he is supportive of the variance. E. Horne moved to approve BZA-3727.02,404 S.Jenison, a variance request for 7' rear yard setback and a 4' side yard setback. Seconded by B. McGrain. VOTE YEA NAY Swix X Horne X Lain X McGrain X Frederick X Burgess X Motion carried by a vote of 6-0. BZA-3727.02, 404 S.Jenison, has been approved. IV OLD BUSINESS A. BZA-3511.98, 901 N. Larch (no action) B. BZA-3553.99, 735 E. Michigan (no action) C. BZA-3554.99, 907 W. Saginaw(no action) D. BZA-3704.02, 724 N.Walnut(no action) E. BZA-3705.02, 819 N.Walnut(no action) F. Rules of Procedure (no action) G. BZA-3711.02, 1722 Pattengill (revised request) Ms. Stachowiak presented the request. She explained that the applicant's variance request for a 988 square foot garage at 1722 Pattengill was denied at the July meeting. She explained that the applicant has decided that he would be accepting of a 770 square foot garage,which is a variance of BOARD OF ZONING APPEALS MEETING MINUTES September 12, 2002 PAGE 7 50 square feet, as recommended by staff at the July meeting. A. Frederick moved to approve BZA-3711.02, 1722 Pattengill, a request for a variance of 50 square feet to construct a 770 square foot garage.. Seconded by F. Lain. VOTE YEA NAY Swix X Horne X Lain X McGrain X Frederick X Burgess X Motion carried by a vote of 6-0. BZA-3727.02, 404 S. Jenison, has been approved. V. PUBLIC COMMENT- none VI. APPROVAL OF MINUTES A. Minutes of August 8, 2002 A. Frederick moved to approve the minutes. Seconded by E. Horne. Unanimous voice vote to approve. VII. NEW BUSINESS Request for excused absence from the October 10, 2002 meeting for G. Swix. A. Frederick moved to approve an excused absence for G. Swix. Seconded by F. Lain. Unanimous voice vote to approve. Request for excused absence from the November 14, 2002 meeting for A. Frederick. G. Swix moved to approve an excused absence. Seconded by B. McGrain. Unanimous voice vote to approve. Request for excused absence from the November 14, 2002 meeting for E. Horne. A.Frederick moved to approve an excused absence. Seconded by B.McGrain. Unanimous voice vote to approve. Vill. ADJOURNMENT AT 9:18 p.m. Respectfully submitted, BOARD OF ZONING APPEALS MEETING MINUTES September 12, 2002 PAGE 8 Susan Stachowiak, Zoning Administrator Draft to Clerk 09/23/02 Approved Clerk MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS SEPTEMBER 12, 2002, 7:30 P.M. CITY COUNCIL CHAMBERS, 10T" FLOOR CITY HALL ROLL CALL The meeting was called to order by B. Burgess at 7:38 p.m. Chairman Burgess read the BZA introduction. Roll call was taken. Present: B. Burgess G. Swix E. Horne B. McGrain A. Frederick F. Lain Absent: J. Siebold G. Hilts Staff: S. Stachowiak A. A quorum of at least four members was present, allowing voting action to be taken at the meeting. 11 APPROVAL OF AGENDA A. Frederick made the motion to add "excused absence request" under new business. Seconded by Ms. Horne. Unanimous voice vote to approve. III. HEARINGS/ACTION A. BZA-3722.02, 2420 Delta River Dr. Sue Stachowiak presented the case. This is a request by Ben Rassizi for a side yard setback variance for an attached, open carport on the west side of the house at 2420 Delta River Drive. There are several diagrams in the packet that illustrate where the carport is located on the site. Essentially, the ordinance requires a three(3)foot setback for attached carports. The carport is 10'by 24',is attached to an existing one car garage and has a one (1) foot side yard setback. Therefore, a two (2) foot variance is requested. Ms. Stachowiak stated that the carport was constructed without benefit of a permit and if the variance is not granted, it will have to be taken down. The staff is in agreement that there is some degree of practical difficulty involved here and for that reason we are recommending that it be approved. The placement of the house on the lot limits the applicants ability to be able to have an enclosed space for two vehicles that would be in compliance with the ordinance. She stated that covered space for two vehicles is a perfectly reasonable thing to be able to do on a single family lot in the City. She said that the applicant cannot reduce the carport by two feet to comply with the ordinance, because it would be too small to hold a vehicle. Staff recommends that at this meeting, the request be tabled until the applicant satisfies the following five conditions as listed on the addendum to the staff report, by the next meeting on October 10, 2002: 1. Place a larger downspout at the back end (northwest corner)of the carport that directs the water runoff east of the applicant's spruce tree to better direct runoff away from the neighboring property and into the applicant's property(see photo#3). 2. Install a taller edge (8-12" high) to the gutter that runs along the carport to ensure that all runoff from the carport is directed to the downspout. 3. Relocate the garage downspout to the other(east) side of the garage to direct runoff away from driveway and into yard.Other options:The applicant may also consider extending the"curbing"along the edge of his driveway to direct all runoff away from the neighbor's property and towards the street. Another option in redirecting runoff may include keeping the downspout in its current location, but only after a"gutter pan" be worked into the existing driveway to direct runoff from that downspout, down the driveway and toward the street. BOARD OF ZONING APPEALS MEETING MINUTES September 12, 2002 PAGE 2 4. Pile any snow at least 3 feet from the neighbor's fence, preferably to the other side of the driveway. 5.ThattheArdvark Mfg/Home Supply business be charged an"inspection fee"by the City of Lansing's Building Safety Office for work to be done without a permit that subsequently requires an on-site inspection. A. Frederick stated that he would like condition number three, that lists extending the curb along the driveway or installing a gutter pan as options, to be a required condition because if the gutter is not in good repair and gets plugged, there maybe just as much a problem as there is now. Mr. Ben Rassizi, applicant, spoke in favor of his request. Mr. Bert Audette, resides at 2426 Delta River, spoke against this request. Mr. Audette stated that his property gets a lot of run-off from Mr. Rassizi's property and this problem has gotten significantly worse since the construction of the carport and the added pavement. Mr. Fred Barberio, resides at 915 Westmoreland, spoke in favor of this request. Mr. Ken Watson, Ardvark Construction, spoke in favor of this request. Mr. Watson stated that he intended to obtain a building permit. Ms.Jill Rassizi,applicant's daughter, resides at 321 Bingham St.,stating that there is more going on here than just talk about the carport. She also stated that the Drain Commissioner has a complete report saying that the driveway was in the bounds of where it was suppose to be. Ms. Sally Audette, resides at 2426 Delta River, spoke in opposition to this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. The Board members reviewed the photographs that were provided by Mr. And Mrs. Audette. A.Frederick moved to table BZA-3722.02,2420 Delta River Dr.,a side yard setback variance of 2 feet,until the October 10,2002 meeting,at which time the first four conditions listed by staff must be completed. Seconded by E. Horne. VOTE YEA NAY Swix X Horne X Lain X McGrain X Frederick X Burgess X Motion carried by a vote of 6-0. BZA-3722.02, 2420 Delta River Dr, has been tabled. B. BZA-3723.02, Lot#63, Inverary Ave. Sue Stachowiak presented the case.This is a request by Calvin Lynch,the owner of lot#63, Inverary Drive. This is a variance request to construct a new home with both an attached and a detached garage. The home would have a side yard setback of zero feet. The required side yard setback is 6 feet. This is also a request to construct two garages,which would exceed the allowable 1,000 square feet area requirement for all accessory structures on a lot. A single family lot is permitted to have one garage which cannot exceed 720 square feet. In this case,the applicant is proposing two accessory BOARD OF ZONING APPEALS MEETING MINUTES September 12, 2002 PAGE 3 structures with a combined area of 1,059 square feet. Ms. Stachowiak stated that the detached garage does not need a 30 foot rear yard setback as shown on the plot plan. She said that it could actually be pushed back to a three foot setback on the lot which would allow the house to be located further back on the lot, thus allowing more room between the house and the side lot lines. She said that there is also more than adequate room to have one good size attached garage. In fact,under the proposed garage standards,the applicant, based on his lot size,would be permitted to have one 840 square foot detached garage or one 1,000 square foot attached garage. When these standards are approved,the applicant will be able to get a very decent size garage on this lot, but he will not be able to have two garages. Therefore, staff is not supportive of the variances for the garages. In addition, staff is not supportive of the zero foot side yard setback. She said that the applicant has not demonstrated any practical difficulty that would warrant a variance from the ordinance requirements. She also stated that there is no reason at all why the proposed house cannot be situated on this lot in compliance with the six foot setback; it is just a matter of mere preference which is not sufficient for staff to give a positive recommendation. Ms. Stachowiak pointed out that there are letters of objection from some of the surrounding neighbors. Mr.Calvin Lynch,spoke in favor of his request. He stated that he will have a lot of family living with him and that he has a total of 8 vehicles. He explained that these are the reasons why he needs the two garages. He also explained that it took him three years to find a house plan that he likes and in order to meet his needs, it would need to be located on the lot line. Mr. Lynch stated that this lot has always been vacant, partly because it backs up to a commercial development. Ms. B.J. Hamilton, 3500 Glasgow, spoke against this request. Ms.Margaret Henrizi,3601 Inverary,spoke against this request as this house would be built right on her lot line. She stated that if Mr. Lynch needed to do anything on the side of his house, he would have to come on her property. Ms.Donna Holey,3601 Christine Dr.,spoke against this request and does not think this is appropriate for eight cars. Mr.Richard Henrizi,lives next door at 3601 Inverary, spoke against this request due to the fact that they would have to go onto their property for maintenance. Ms. Ruby Bennett, resides at 3622 Christine Dr., spoke against this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Lane stated that he lives near this property and the lot has never been a nuisance to the neighborhood, as indicated by Mr. Lynch. In addition, Mr. Lane stated that the layout, as proposed by Mr. Lynch, would not fit in with the character of the surrounding neighborhood. Mr. Frederick stated that the neighbor made a very good point about the applicant having to go on her lot in order to maintain the side of his house, if it were to be located on the property line. The Board members agreed that there was no practical difficulty that would prevent the applicant from being able to comply with the Ordinance requirements. They stated that a variance must be based on more than a matter of mere preference by an applicant. A.Frederick.moved to deny BZA-3723.02,Lot#63,Inverary Ave.,a variance for 6 feet to the side yard setback requirement, one additional garage and 59 square feet of accessory structure floor area are requested. Seconded by F. Lain. VOTE YEA NAY Swix X BOARD OF ZONING APPEALS MEETING MINUTES September 12, 2002 PAGE 4 VOTE YEA NAY Horne X Lain X McGrain X Frederick X Burgess X Motion carried by a vote of 6-0. BZA-3723.02, Lot#63, Inverary Ave., has been denied. C. BZA-3724.02. 1301 Lenore Ave. Sue Stachowiak presented the case. This is a request by Elias and Susan Atallah, owners of the property at 1301 Lenore Avenue. The applicant is requesting a variance from the required front yard setback in the"B"Residential district to construct a small, 10.5'x 14'addition to the front of the house that would have a 15 foot front yard setback on Lenore Street. She stated that the ordinance requires a 29 foot front yard setback for the subject property. The applicant is proposing a 15 foot setback which is a variance of 14 feet. The addition would be even with the front of the existing house. As the staff report indicates, this lot is only 39.5 feet wide and being a corner lot, it has two front yard setback requirements. Ms. Stachowiak stated that there is a definite practical difficulty in this case because at a 39.5' width, it is almost impossible to construct anything on this lot that would comply with the setback requirements. Since the front yard requirement is 29 feet and the side yard requirement is 4 feet, that leaves 6.5 feet of buildable area on this lot. Staff is recommending that this variance be approved with the three conditions listed in the staff report which are essentially focused on making sure that the addition is consistent with the architecture of the rest of the house. Mr. Habib Atallah,the applicant's son, spoke in favor of their request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Frederick stated that the practical difficulty, involving the lot size and it being a corner lot, is very clear. B.McGrain moved to approve BZA-3724.02,1301 Lenore Ave.,a front yard setback variance of 14 feet with the following conditions: 1. The front building line of the addition shall be on the same plane as the principal structure to leave the bay window extended out from the wall surface, 2. Roof pitch to follow that of the principal structure. Extending the highest roof line to the new addition is suggested to maintain continuity of structure, 3. To be consistent with the architecture and maintain the overall character of the principal structure,exterior wall finish,windows,entry door,and color of the new addition shall match the existing structure. Picture windows are suggested for the front and sliding doors on the side (if desired)to create a feeling of"openness" and blend with the front yard. Seconded by A. Frederick. VOTE YEA NAY Swix X Horne I X BOARD OF ZONING APPEALS MEETING MINUTES September 12, 2002 PAGE 5 VOTE YEA NAY Lain X McGrain X Frederick X Burgess X Motion carried by a vote of 6-0. BZA-3724.02, 1301 Lenore Ave., has been approved. D. BZA-3726.02, 1203 Bement St. Sue Stachowiak presented the case. This is a request by Gary Lintemuth for the property of 1203 Bement Street. This is a request for a 14.5 foot front yard setback for a detached garage. The required front yard setback is 20 feet. Therefore, a front yard setback variance of 5.5 feet is requested. Under the proposed ordinance standards, the applicant would not even need a variance as the proposed setback of the garage is greater that the average setback of the other structures within 180 feet. The applicant is proposing to remove an existing detached garage and construct a new,24' x 22' garage, which is a very reasonable size for a two car garage. Once again, staff feels that the applicant is at a definite disadvantage because this is also a corner lot which is only 39.5 feet in width. This makes italmost impossible to build any garage,whether attached or detached thatwould comply with the requirements of the Zoning Ordinance. Mr. Gary Lintemuth, applicant, spoke in favor of this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. The Board agreed that the practical difficulty in this case is very evident. G. Swix moved to approve BZA-3726.02, 1203 Bement St., a variance request for a front yard setback of 5.5 feet. Seconded by E. Horne. YEA NAY VOTE Swix X Horne X Lain X McGrain X Frederick X Burgess X Motion carried by a vote of 6-0. BZA-3726.02, 1203 Bement St., has been approved. E. BZA-3727.02,404 S.Jenison Sue Stachowiak presented the case. This is a request for side and rear yard setback variances for an attached garage at 404 S. Jenison. The applicant applied for a building permit, a copy of which is contained in the packet, to replace a garage. The garage that was being replaced was a detached garage located in the rear yard as shown on the diagrams included in the packet. There are two diagrams in the packet;one is labeled new garage and the other one is labeled previous garage. What has been constructed is an attached garage. Since this is an attached garage, it has to meet the BOARD OF ZONING APPEALS MEETING MINUTES September 12, 2002 PAGE 6 requirements of the principal structure which is a 30 foot rear yard setback and a six foot side yard setback. The applicant has a four foot side yard setback which is a variance of two feet and has a seven foot rear yard setback which is a variance of 23 feet. Staff is recommending approval of this request for a couple different reasons. First, because it is a corner lot and is only 81 feet deep, with a 30 foot setback, it makes it difficult for the applicant to put a garage that would structural line up with the home so that it would be connected in the right place. The breeze way is in the right place. The other reason is because there has been a garage in this location for a very long time and the only thing that has changed is this breeze way connecting the two. The should be no negative affects on the neighbors as they are used to seeing a garage in this location and the only thing that has changed is the addition of a breeze way. There was one letter of support from a neighbor and no letters of objection. Mr. Brindley Byrd,Qx2 Contracting Inc., on behalf of the owners, Tim and Vicki Knowlton, spoke in favor of this request. Ms.Vicki Knowlton, owner, spoke in favor of this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Frederick stated that if the applicant had come to the Board before constructing the breezeway, the Board probably would have approved the variance. He added that since there is a practical difficulty with the lot, he is supportive of the variance. E. Horne moved to approve BZA-3727.02,404 S.Jenison, a variance request for 7' rear yard setback and a 4' side yard setback. Seconded by B. McGrain. VOTE YEA NAY Swix X Horne X Lain X McGrain X Frederick X Burgess X Motion carried by a vote of 6-0. BZA-3727.02,404 S.Jenison, has been approved. IV OLD BUSINESS A. BZA-3511.98, 901 N. Larch (no action) B. BZA-3553.99, 735 E. Michigan (no action) C. BZA-3554.99, 907 W. Saginaw(no action) D. BZA-3704.02, 724 N.Walnut(no action) E. BZA-3705.02, 819 N.Walnut(no action) F. Rules of Procedure (no action) G. BZA-3711.02, 1722 Pattengill (revised request) Ms.Stachowiak presented the request. She explained that the applicant's variance request for a 988 square foot garage at 1722 Pattengill was denied at the July meeting. She explained that the applicant has decided that he would be accepting of a 770 square foot garage,which is a variance of BOARD OF ZONING APPEALS MEETING MINUTES September 12, 2002 PAGE 7 50 square feet, as recommended by staff at the July meeting. A. Frederick moved to approve BZA-3711.02, 1722 Pattengiii, a request for a variance of 50 square feet to construct a 770 square foot garage.. Seconded by F. Lain. VOTE YEA NAY Swix X Horne X Lain X McGrain X Frederick X Burgess X Motion carried by a vote of 6-0. BZA-3727.02,404 S.Jenison, has been approved. V. PUBLIC COMMENT- none VI. APPROVAL OF MINUTES A. Minutes of August 8, 2002 A. Frederick moved to approve the minutes. Seconded by E. Horne. Unanimous voice vote to approve. VII. NEW BUSINESS Request for excused absence from the October 10, 2002 meeting for G. Swix. A. Frederick moved to approve an excused absence for G. Swix. Seconded by F. Lain. Unanimous voice vote to approve. Request for excused absence from the November 14, 2002 meeting for A. Frederick. G.Swix moved to approve an excused absence. Seconded by B. McGrain. Unanimous voice vote to approve. Request for excused absence from the November 14, 2002 meeting for E. Horne. A.Frederick moved to approve an excused absence. Seconded by B.McGrain. Unanimous voice vote to approve. VIII. ADJOURNMENT AT 9:18 p.m. Respectfully submitted, BOARD OF ZONING APPEALS MEETING MINUTES September 12, 2002 PAGE 8 Susan Stachowiak, Zoning Administrator BOARD OF ZONING APPEALS MEETING MINUTES August 8, 20u2 PAGE 1 Draft to Clerk 08/16/02 Approved 09/12/02 Clerk 09/18/02 MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS August 8, 2002, 7:30 P.M. CITY COUNCIL CHAMBERS, 10T" FLOOR CITY HALL ROLL CALL The meeting was called to order by B. Burgess at 7:30 p.m. Chairman Burgess read the BZA introduction. Roll call was taken. Present: B. Burgess G. Hilts E. Horne B. McGrain J. Siebold Absent: A. Frederick G. Swix F. Lain Staff: S. Stachowiak A. A quorum of at least four members was present, allowing voting action to be taken at the meeting. II APPROVAL OF AGENDA Ms. Horne made the motion to add"excused absence request" under new business. Seconded by G. Hilts. Unanimous voice vote to approve. III. HEARINGS/ACTION A. BZA-3718.02, 934 N. Capitol Sue Stachowiak presented the case. This is a request by Donald Mayes,for a variance from the front yard setback requirement of the"DM-3" Residential District. The owner is proposing to construct a 240 square foot deck addition (10' x 24')to the back of the house located at 934 N. Capitol Avenue, on the corner of N. Capitol Avenue and Kilborn Street. The proposed deck addition would have a six (6)foot front yard setback from the property line along Kilborn Street. Section 1256.07 of the Zoning Code requires a front yard setback of twenty (20) feet. Therefore, a variance of 14 feet is being requested. Staff recommended approval of the variance. Mr. Donald Mayes, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. G. Hilts stated that the letter from one of the neighbors about the garage that never gets painted should be turned over to Code Compliance. B. McGrain moved to approve BZA-3718.02, 934 N. Capitol, a front yard variance of 14 feet. Seconded by E. Horne. VOTE YEA NAY Hilts X Horne X Siebold X BOARD OF ZONING APPEALS MEETING MINUTES August 8, 2002 PAGE 2 VOTE YEA NAY McGrain X Burgess X Motion carried by a vote of 5-0. BZA-3718.02, 934 N. Capitol, has been approved. B. BZA-3719.02. 1219 N.Walnut Sue Stachowiak presented the case. This is a request by Juanita Castillo, representing Small Folks Development Center,fora variance from the required numberof parking spaces and landscape buffer requirements at 1219 N.Walnut Street. The applicant intends to establish a child care center at 1219 N.Walnut Street for 50 children which requires 12 parking spaces, according to Section 1284(13)(5) of the Zoning Code. In addition,Section 1290.08(b)of the Zoning Code requires an 8-foot wide,buffer strip landscaped in accordance with Section 1290.08(c), around the perimeter of the parking area. The applicant is proposing to have 8 parking spaces and a buffer strip that would be approximately 2-feet in width and would not be landscaped in accordance with Section 1290.08(c). Therefore, variances for 4 parking spaces, 6-feet of buffer area and the landscaping required by Section 1290.08(c)are requested. Staff recommended approval of the variances with the condition that a 6- foot high,decorative screen fence be installed around the perimeter of the parking area,excluding the area where asphalt currently exists along the north edge of the site. Ms.Juanita Castillo, spoke in favor of her requests. Ms.Ann Smiley, 423 W. Grand River, spoke in favor of the requests. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Ms. Horne asked if the fence would provide an adequate barrier for the neighbors. Ms. Stachowiak stated that, in her opinion, it would. There was discussion about traffic and the parking situation. J. Siebold moved to approve BZA-3719.02, 1219 N.Walnut, a variance for 4 parking spaces, 6-feet of buffer area and the landscaping required by Section 1290.08(c) are requested. Seconded by G. Hilts. VOTE YEA NAY Horne X Swix X Siebold X McGrain X Burgess X Motion carried by a vote of 5-0. BZA-3719.02, 1219 N.Walnut, has been approved. C. BZA-3720.02 1022 Braman & 1323 S. MILK Sue Stachowiak presented the case. This is a request by Anthony Bunnell for a variance from the height requirement for a front yard fence. The applicant has constructed a six (6) foot high, wood privacy fence in the front yards of the properties located at 1022 Braman and 1323 S. MIL King Jr. Blvd. Section 1292.03(a)(1) of the Zoning Code states that no fence shall exceed a height of three (3)feet within a front yard. Therefore, a variance of three(3)feet in height is being requested. Staff recommended approval of the variance conditioned upon the plant materials near the corner of Braman and MIL King being trimmed to accommodate clear visibility for traffic. BOARD OF ZONING APPEALS MEETING MINUTES August 8, 2002 PAGE 3 Mr.Anthony Bunnell,applicant,spoke in favor of his request. He also provided a petition in support of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. E. Horne stated that she does not have any concerns with regard to 1022 Braman, but is concerned about the fence at 1323 S. ML King as this is not a corner lot. She asked if the two properties can be dealt with separately. Ms. Stachowiak replied "yes"they can be dealt with separately. E. Horne moved to approve BZA-3720.02, 1022 Braman, a variance for a 6' high fence at 1022 Braman as recommended and that a plaque be placed on the fence w/the BZA number and date. Seconded by G. Hilts. VOTE YEA NAY Hilts X Horne X Siebold X McGrain X Burgess X Motion carried by a vote of 5-0. BZA-3720.02, 1022 Braman has been approved. Discussion continued with regard to the fence at 1323 S. MLK. Ms. Horne stated that this could result in other property owners along busy streets wanting to put a 6-foot high fence in their front yards. Mr. Hilts stated that the access to this lot is via the alley in the back. He also said that the fence would likely reduce some of the noise from traffic on MLK. G. Hilts moved to approve BZA-3720.02, 1323 S. MLK,a variance for a 6' high front yard fence. Seconded by B. McGrain. VOTE YEA NAY Hilts X Horne X Siebold X McGrain X Burgess X Motion carried by a vote of 3-2. BZA-3720.02, 1323 S. MLK has been approved. D. BZA-3721.02, 1215 E. Michigan Ave. Sue Stachowiak presented the case.This is a request by Robert Walsh of Kahn Program Management on behalf of Sparrow Health Systems, for variances from the rear yard setback, front yard setback, and maximum allowable lot coverage requirements of the"DM-4"Residential District. Sparrow Health Systems is proposing to construct a 75 foot high addition to the west of the existing hospital and a 1,200 vehicle parking ramp that would be 88.41 feet in height at its highest point, to be located west of the proposed addition. The proposed addition would have a 24.75 foot setback from the rear property line along Jerome Street. The proposed parking ramp would have a 10 foot rear yard setback BOARD OF ZONING APPEALS MEETING MINUTES August 8, 2002 PAGE 4 along Jerome Street and a 10 foot front yard setback along Pennsylvania Avenue. In addition,with the proposed construction, approximately 80 percent of the site would be covered by buildings, and approximately 99 percent of the site will be covered by buildings and pavement. Section 1258.07 requires a front yard setback of 35 feet for structures that are 75 feet in height and a 50 foot front yard setback for structures in excess of 75 feet. Section 1258.09 requires a rear yard setback of 25 feet. Section 1258.11 restricts the maximum amount of a lot that can be covered by structures to 50 percent and the maximum allowable lot coverage of structures and pavement to 75 percent of the total lot area. Therefore, variances for 15 feet and .25 feet for the rear yard setbacks, a 40 foot front yard setback and 30 percent structure coverage of the lot and 24 percent total lot coverage are being requested. Staff recommended approval of the variance requests. Mr. Robert Walsh, of Kahn Program Management on behalf of Sparrow Health Systems, spoke in favor of this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Ms. Horne asked Mr. Walsh to explain the traffic pattern for the proposed parking ramp. G. Hilts moved to approve BZA-3721.02, 1215 E. Michigan Ave.,variances of 15 feet and .25 feet for the rear yard setbacks, a 40 foot front yard setback and 30 percent structure coverage of the lot and 24 percent total lot coverage. Seconded by B. McGrain. VOTE YEA NAY Hilts X Horne X Siebold X McGrain X Burgess X Motion carried by a vote of 5-0. BZA-3721.02, 1215 E. Michigan Ave., has been approved. IV OLD BUSINESS A. BZA-3511.98, 901 N. Larch (no action) B. BZA-3553.99, 735 E. Michigan (no action) C. BZA-3554.99, 907 W. Saginaw(no action) D. BZA-3699.02, 5751 S. Cedar(action) E. Horne made a motion, seconded by G. Hilts to remove BZA 3699.02 from the table. On a voice vote,the motion carried (5-0). Sue Stachowiak presented the case. She stated that this case was tabled by the Board at the May 9, 2002 meeting, pending the applicant presenting a revised request that reduced the number and size of the signs. The original request was for variances of 3.35 square feet to the signage area and 4 to the allowable number of signs. Section 1442.13 of the Sign Code allows up to 150 square feet of wall signage for commercial structures having 40 to 99 feet of building frontage. It also limits the number of wall signs to 2. The revised proposal is for 4 wall signs, the square footage of which, according to the applicant,would be within the allowable 150 square feet. Under the revised proposal,the canopy sign, that is closest to the north property line would be removed and the two canopy signs near the center of the building would be combined to create one sign. Therefore, the northern most wall sign, the combined canopy sign, and the two small canopy signs on the south side of the building would BOARD OF ZONING APPEALS MEETING MINUTES August 8, 2002 PAGE 5 remain on the property. Staff is still of the opinion that the applicant has not demonstrated a sufficient practical difficulty to warrant a variance from the sign requirements. Ms. Susan Hughes, the applicant, stated that the two signs at the end of the building could be combined, which would make for a total of 3 wall signs on the property. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Hilts stated that this seems to reflect an overall reduction in the amount of signage that was previously on the building as it would only require a variance for one wall sign. E.Horne moved to approve BZA-3699.02,5751 S.Cedar,a variance for 1 additional wall sign with the condition that the temporary signs shall be removed. Seconded by B. McGrain. VOTE YEA NAY Horne X Swix X Siebold X McGrain X Burgess X Motion carried by a vote of 5-0. BZA-3699.02, 5751 S. Cedar, has been approved. E. BZA-3704.02,724 N.Walnut(no action) F. BZA-3705.02, 819 N.Walnut(no action) G. Rules of Procedure (no action) V. PUBLIC COMMENT- none VI. APPROVAL OF MINUTES A. Minutes of July 1, 2002 E. Horne moved to approve the minutes. Seconded by G. Hilts. Unanimous voice vote to approve. VII. NEW BUSINESS Request for excused absence from the August 8, 2002 meeting for G. Swix. E.Horne moved to approve the excused absence for G.Swix. Seconded by G.Hilts.Unanimous voice vote to approve. Request for excused absence from the September 12,2002 meeting for J. Siebold. G. Hilts moved to approve excused absence. Seconded by B. McGrain. Unanimous voice vote to approve. BOARD OF ZONING APPEALS MEETING MINUTES August 8, 2002 PAGE 6 VIII. ADJOURNMENT AT 9:15 p.m. Respectfully submitted, Susan Stachowiak, Zoning Administrator BOARD OF ZONING APPEALS mEETING MINUTES August 8, 20u/ PAGE 1 Draft to Clerk 08/16/02 Approved Clerk MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS August 8, 2002, 7:30 P.M. CITY COUNCIL CHAMBERS, 10T" FLOOR CITY HALL ROLL CALL The meeting was called to order by B. Burgess at 7:30 p.m. Chairman Burgess read the BZA introduction. Roll call was taken. Present: B. Burgess G. Hilts E. Horne B. McGrain J. Siebold Absent: A. Frederick G. Swix F. Lain Staff: S. Stachowiak A. A quorum of at least four members was present, allowing voting action to be taken at the meeting. II APPROVAL OF AGENDA Ms. Horne made the motion to add "excused absence request" under new business. Seconded by G. Hilts. Unanimous voice vote to approve. III. HEARINGS/ACTION A. BZA-3718.02, 934 N. Capitol Sue Stachowiak presented the case. This is a request by Donald Mayes,for a variance from the front yard setback requirement of the"DM-Y Residential District. The owner is proposing to construct a 240 square foot deck addition (10'x 24')to the back of the house located at 934 N. Capitol Avenue, on the corner of N. Capitol Avenue and Kilborn Street. The proposed deck addition would have a six (6)foot front yard setback from the property line along Kilborn Street. Section 1256.07 of the Zoning Code requires a front yard setback of twenty (20) feet. Therefore, a variance of 14 feet is being requested. Staff recommended approval of the variance. Mr. Donald Mayes,applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. G. Hilts stated that the letter from one of the neighbors about the garage that never gets painted should be turned over to Code Compliance. B. McGrain moved to approve BZA-3718.02, 934 N. Capitol, a front yard variance of 14 feet. Seconded by E. Horne. VOTE YEA NAY Hilts X Horne X Siebold X BOARD OF ZONING APPEALS MEETING MINUTES August 8, 2002 PAGE 2 VOTE YEA NAY McGrain X Burgess X Motion carried by a vote of 5-0. BZA-3718.02, 934 N. Capitol, has been approved. B. BZA-3719.02, 1219 N. Walnut Sue Stachowiak presented the case. This is a request by Juanita Castillo, representing Small Folks Development Center,fora variance from the required numberof parking spaces and landscape buffer requirements at 1219 N.Walnut Street. The applicant intends to establish a child care center at 1219 N.Walnut Street for 50 children which requires 12 parking spaces, according to Section 1284(13)(5) of the Zoning Code. In addition,Section 1290.08(b)of the Zoning Code requires an 8-footwide, buffer strip landscaped in accordance with Section 1290.08(c), around the perimeter of the parking area. The applicant is proposing to have 8 parking spaces and a buffer strip that would be approximately 2-feet in width and would not be landscaped in accordance with Section 1290.08(c). Therefore, variances for 4 parking spaces, 6-feet of buffer area and the landscaping required by Section 1290.08(c) are requested. Staff recommended approval of the variances with the condition that a 6- foot high,decorative screen fence be installed around the perimeter of the parking area,excluding the area where asphalt currently exists along the north edge of the site. Ms. Juanita Castillo, spoke in favor of her requests. Ms. Ann Smiley, 423 W. Grand River, spoke in favor of the requests. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Ms. Horne asked if the fence would provide an adequate barrier for the neighbors. Ms. Stachowiak stated that, in her opinion, it would. There was discussion about traffic and the parking situation. J. Siebold moved to approve BZA-3719.02, 1219 N. Walnut, a variance for 4 parking spaces, 6-feet of buffer area and the landscaping required by Section 1290.08(c) are requested. Seconded by G. Hilts. VOTE YEA NAY Horne X Swix X Siebold X McGrain X Burgess X Motion carried by a vote of 5-0. BZA-3719.02, 1219 N.Walnut, has been approved. C. BZA-3720.02, 1022 Braman & 1323 S. MLK Sue Stachowiak presented the case. This is a request by Anthony Bunnell for a variance from the height requirement for a front yard fence. The applicant has constructed a six (6) foot high, wood privacy fence in the front yards of the properties located at 1022 Braman and 1323 S. ML King Jr. Blvd. Section 1292.03(a)(1) of the Zoning Code states that no fence shall exceed a height of three (3)feet within a front yard. Therefore, a variance of three (3) feet in height is being requested. Staff recommended approval of the variance conditioned upon the plant materials near the corner of Braman and ML King being trimmed to accommodate clear visibility for traffic. BOARD OF ZONING APPEALS MEETING MINUTES August 8, 2002 PAGE 3 Mr.Anthony Bunnell,applicant,spoke in favor of his request. He also provided a petition in support of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. E. Horne stated that she does not have any concerns with regard to 1022 Braman, but is concerned about the fence at 1323 S. ML King as this is not a corner lot. She asked if the two properties can be dealt with separately. Ms. Stachowiak replied "yes"they can be dealt with separately. E. Horne moved to approve BZA-3720.02, 1022 Braman, a variance for a 6' high fence at 1022 Braman as recommended and that a plaque be placed on the fence w/the BZA number and date. Seconded by G. Hilts. VOTE YEA NAY Hilts X Horne X Siebold X McGrain X Burgess X Motion carried by a vote of 5-0. BZA-3720.02, 1022 Braman has been approved. Discussion continued with regard to the fence at 1323 S. MLK. Ms. Horne stated that this could result in other property owners along busy streets wanting to put a 6-foot high fence in their front yards. Mr. Hilts stated that the access to this lot is via the alley in the back. He also said that the fence would likely reduce some of the noise from traffic on MLK. G. Hilts moved to approve BZA-3720.02, 1323 S. MLK, a variance for a 6' high front yard fence. Seconded by B. McGrain. VOTE YEA NAY Hilts X Horne X Siebold X McGrain X Burgess X Motion carried by a vote of 3-2. BZA-3720.02, 1323 S. MLK has been approved. D. BZA-3721.02, 1215 E. Michigan Ave. Sue Stachowiak presented the case.This is a request by Robert Walsh of Kahn Program Management on behalf of Sparrow Health Systems, for variances from the rear yard setback, front yard setback, and maximum allowable lot coverage requirements of the"DM-4"Residential District. Sparrow Health Systems is proposing to construct a 75 foot high addition to the west of the existing hospital and a 1,200 vehicle parking ramp that would be 88.41 feet in height at its highest point, to be located west of the proposed addition. The proposed addition would have a 24.75 foot setback from the rear property line along Jerome Street. The proposed parking ramp would have a 10 foot rear yard setback BOARD OF ZONING APPEALS MEETING MINUTES August 8, 2002 PAGE 4 along Jerome Street and a 10 foot front yard setback along Pennsylvania Avenue. In addition, with the proposed construction, approximately 80 percent of the site would be covered by buildings, and approximately 99 percent of the site will be covered by buildings and pavement. Section 1258.07 requires a front yard setback of 35 feet for structures that are 75 feet in height and a 50 foot front yard setback for structures in excess of 75 feet. Section 1258.09 requires a rear yard setback of 25 feet. Section 1258.11 restricts the maximum amount of a lot that can be covered by structures to 50 percent and the maximum allowable lot coverage of structures and pavement to 75 percent of the total lot area. Therefore, variances for 15 feet and .25 feet for the rear yard setbacks, a 40 foot front yard setback and 30 percent structure coverage of the lot and 24 percent total lot coverage are being requested. Staff recommended approval of the variance requests. Mr. Robert Walsh, of Kahn Program Management on behalf of Sparrow Health Systems, spoke in favor of this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Ms. Horne asked Mr. Walsh to explain the traffic pattern for the proposed parking ramp. G. Hilts moved to approve BZA-3721.02, 1215 E. Michigan Ave., variances of 15 feet and .25 feet for the rear yard setbacks, a 40 foot front yard setback and 30 percent structure coverage of the lot and 24 percent total lot coverage. Seconded by B. McGrain. VOTE YEA NAY Hilts X Horne X Siebold X McGrain X Burgess X Motion carried by a vote of 5-0. BZA-3721.02, 1215 E. Michigan Ave., has been approved. IV OLD BUSINESS A. BZA-3511.98, 901 N. Larch (no action) B. BZA-3553.99, 735 E. Michigan (no action) C. BZA-3554.99, 907 W. Saginaw(no action) D. BZA-3699.02, 5751 S. Cedar(action) E. Horne made a motion, seconded by G. Hilts to remove BZA 3699.02 from the table. On a voice vote,the motion carried (5-0). Sue Stachowiak presented the case. She stated that this case was tabled by the Board at the May 9, 2002 meeting, pending the applicant presenting a revised request that reduced the number and size of the signs. The original request was for variances of 3.35 square feet to the signage area and 4 to the allowable number of signs. Section 1442.13 of the Sign Code allows up to 150 square feet of wall signage for commercial structures having 40 to 99 feet of building frontage. It also limits the number of wall signs to 2. The revised proposal is for 4 wall signs,the square footage of which, according to the applicant,would be within the allowable 150 square feet. Under the revised proposal,the canopy sign, that is closest to the north property line would be removed and the two canopy signs near the center of the building would be combined to create one sign. Therefore, the northern most wall sign, the combined canopy sign, and the two small canopy signs on the south side of the building would BOARD OF ZONING APPEALS MEETING MINUTES August 8, 2002 PAGE 5 remain on the property. Staff is still of the opinion that the applicant has not demonstrated a sufficient practical difficulty to warrant a variance from the sign requirements. Ms. Susan Hughes, the applicant, stated that the two signs at the end of the building could be combined, which would make for a total of 3 wall signs on the property. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Hilts stated that this seems to reflect an overall reduction in the amount of signage that was previously on the building as it would only require a variance for one wall sign. E.Horne moved to approve BZA-3699.02,5751 S.Cedar,a variance for 1 additional wall sign with the condition that the temporary signs shall be removed. Seconded by B. McGrain. VOTE YEA NAY Horne X Swix X Siebold X McGrain X Burgess X Motion carried by a vote of 5-0. BZA-3699.02, 5751 S. Cedar, has been approved. E. BZA-3704.02, 724 N. Walnut (no action) F. BZA-3705.02, 819 N. Walnut (no action) G. Rules of Procedure (no action) V. PUBLIC COMMENT- none VI. APPROVAL OF MINUTES A. Minutes of July 1, 2002 E. Horne moved to approve the minutes. Seconded by G. Hilts. Unanimous voice vote to approve. VII. NEW BUSINESS Request for excused absence from the August 8, 2002 meeting for G. Swix. E.Horne moved to approve the excused absence for G.Swix. Seconded by G.Hilts.Unanimous voice vote to approve. Request for excused absence from the September 12, 2002 meeting for J.Siebold. G. Hilts moved to approve excused absence. Seconded by B. McGrain. Unanimous voice vote to approve. BOARD OF ZONING APPEALS MEETING MINUTES August 8, 2002 PAGE 6 Vill. ADJOURNMENT AT 9:15 p.m. Respectfully submitted, Susan Stachowiak, Zoning Administrator Draft to Clerk 07/30/02 Approved 08/08/02 To Clerk 08/13/02 MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS JULY 11, 2002, 7:30 P.M. CITY COUNCIL CHAMBERS, 10T" FLOOR CITY HALL ROLL CALL The meeting was called to order by B. Burgess at 7:30 p.m. Chairman Burgess read the BZA introduction. Roll call was taken. Present: A. Frederick B. Burgess G. Hilts E. Horne F. Lain B. McGrain G. Swix J. Siebold Absent: Staff: J. Hodges T. Masseau A. A quorum of at least four members was present, allowing voting action to be taken at the meeting. II APPROVAL OF AGENDA Mr. Hilts made the motion to add "excused absence request" under new business. Seconded by E. Horne. Unanimous voice vote to approve. III. HEARINGS/ACTION Mr. Burgess stated that for BZA-3707.02, the co-applicant, Martha Kwant, is an acquaintance, however, he does not feel that there is a conflict of interest. A. BZA-3707.02, 1437 E. Oakland Ave. John Hodges presented the case. This is a request by Martha Kwant,representing the owner of 1437 E. Oakland Avenue, Harvey Wayne Rials. The applicant is proposing to enclose an existing carport at 1437 E. Oakland Avenue that would have a 1 foot rear yard setback and a 3 foot side yard setback. Section 1248.09 of the City of Lansing Zoning Ordinance requires a rear yard setback of 30 feet and Section 1248.08 requires a side yard setback of 5.2 feet for attached garages. Therefore, variances for a 29 foot rear yard setback and a 2.2 foot side yard setback are requested. John Hodges stated that the applicant has based the practical difficulty on the need for more storage space. The applicant desires to convert the carport into a garage with an overhead door. The applicant does not have a basement so there is very little room for storage. Since the applicant does not drive,the garage would be used for storage space only. Due to the size of the lot and the location of the house, the applicant would not be able to construct a garage, whether attached, or detached, that would comply with the setback requirements of the ordinance. Mr. Hodges stated that staff is recommending approval of the variance requests. Ms. Martha Kwant, co-applicant, spoke in favor of this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. G. Hilts stated that the letter from one of the neighbors about the garage that never gets painted should be turned over to Code Compliance. A. Frederick moved to approve BZA-3707.02, 1437 E. Oakland, a variance for a 29 foot rear yard setback and BOARD OF ZONING APPEALS MEETING MINUTES JULY 11, 2002 PAGE 2 a 2.2 foot side yard setback to enclose an existing carport. Seconded by G. Hilts. VOTE YEA NAY Frederick X Hilts X Horne X Lain X Swix X Siebold X McGrain X Burgess X Motion carried by a vote of 7-1. BZA-3707.02, 1437 E. Oakland Ave., has been approved. B. BZA-3710.02, 8 Savoy Court John Hodges presented the case. This is a request by Charles Edmund Shockey II. The applicant proposes to construct a deck at 8 Savoy Court that would have a 7 foot rear yard setback. Section 1260.08 requires a rear yard setback of 20 feet in the"D-1" Professional Office District. Therefore, a rear yard setback variance of 13 feet is requested. John Hodges stated that the practical difficulty involves the unique shape of the applicant's property. The property is 70' deep, however, it is 83' in width at the rear property line. While the construction of the deck all but eliminates the rear yard, there is a large side yard area on the applicant's property. Mr. Hodges stated that staff recommends approval of the variance request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. G. Hilts asked if the applicant needed a permit to have this deck built. John Hodges stated that it did due to the fact that the deck is attached to the house. The applicant was not present. A. Frederick moved to approve BZA-3710.02, 8 Savoy Ct.,a rear yard setback variance of 13 feet. Seconded by G. Hilts. VOTE YEA NAY Hilts X Frederick X Horne X Lain X Swix X Siebold X McGrain X 11 Burgess X Motion carried by a vote of 6-2. BZA-3710.02, 8 Savoy Ct., has been approved. BOARD OF ZONING APPEALS MEETING MINUTES JULY 11, 2002 PAGE 3 C. BZA-3711.02, 1722 Pattengill Ave. John Hodges presented the case. This is a request by Linda K. Evans Middaugh. The applicant proposes to remove the existing garage and shed and construct a new, 988 square foot(26' x 38'), detached garage at 1722 Pattengill. Section 1248.03(b)(5) permits a maximum floor area of 720 square feet for a private garage located on a lot equal to or greater than 5,000 square feet in area in the"A" Residential District. Therefore, a variance of 268 square feet is requested.. John Hodges stated that there appears to be no real practical difficulty in this case. The justification for granting a variance must be based on more than a matter of mere preference. The applicants lot is a larger lot(8,176 sq. ft.)than a typical lot of 6,000 square foot. However, it is not large enough to warrant a 37% increase in the size of the garage. Under the proposed Zoning Ordinance amendments, the applicant would be permitted 770 square feet of detached garage area. Staff recommended denial of the requested variance. Mr. Bob Middaugh, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. G. Hilts stated that is does not appear that staff communicated to the applicant that their case was recommended for denial for lack of a practical difficulty. A. Frederick stated that the applicant has a right to grieve the decision of the Zoning Administrator. G. Hilts moved to deny BZA-3711.02, 1722 Pattengill, a variance of 268 square feet. Seconded by A. Fredericks. VOTE YEA NAY Frederick X Hilts X Horne X Lain X Swix X Siebold X McGrain X Burgess X Motion carried by a vote of 8-0. BZA-3711.02, 1722 Pattengill has been denied. D. BZA-3712.02,4607 Eastlawn John Hodges presented the case. This is a request by Bruce Kruger for a variance to construct a new house at 4607 Eastlawn Drive, located a the corner of Cavanaugh Road and Eastlawn Drive, that would have a front yard setback of 40' along Cavanaugh Road and a 33' front yard setback along Eastlawn Drive. Variances to the front yard setback requirement of 10'along Cavanaugh Road and 12' along Eastlawn Drive are, therefore, being requested. John Hodges stated that the lot size has created a practical difficulty in meeting the setback requirements. Applying all the required setbacks to this lot would result in buildable area of only 14' x 30'. Section 1240.03 states that dwelling units on lots 40 feet or greater in width must contain a core area of living space that is at lease 24' x 24'. Consequently, the lot can not be used for residential purposes in a manner that conforms with the zoning ordinance. Based on the information and findings BOARD OF ZONING APPEALS MEETING MINUTES JULY 11, 2002 PAGE 4 described, it is recommended by staff that this be approved. Mr. Tony Szilagyi, representing the applicant, Bruce Kruger, spoke in favor of the request. Ms. Allison Van Buren, lives at 4613 Eastlawn, spoke in regards to this request. Ms. Van Buren stated that she wasn't quite sure of which way the house was being requested to be moved; either closer to the road or back further. Ms.Pamela Benjamin,2620 E.Cavanaugh,stated that she has a question. Their property is located on the other side of the fence. They wanted to know if Mr. Kruger would be interested in buying parcel B, so that he would have more of an area to build. Mr. Erwin Schmidt, 4620 Eastlawn, spoke in favor of the request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. G. Hilts moved to approve BZA-3712.02, 4607 Eastlawn, a front yard setback requirement of 10' along Cavanaugh Rd. and 12' along Eastlawn Drive with the condition that the porch not be enclosed. Seconded by G. Swix. VOTE YEA NAY Frederick X Hilts X Horne X Lain X Swix X Siebold X McGrain X Burgess X Motion carried by a vote of 8-0. BZA-3712.02,4607 Eastlawn, has been approved. E. BZA-3713.02, 2011 Cumberland Rd. John Hodges presented the case. This is a request by William Blanchard to construct a 9'x 21'front porch onto the house at 2011 Cumberland Road that would have a 35.5 foot front yard setback. Section 1248.07 requires an established front yard setback of 41.8 feet in the"A" Residential District. Therefore, a front yard setback variance of 6.3 feet is requested. John Hodges stated that this is a curved portion of the road, so the curvature allows for views to be maintained up and down Cumberland. The front porch would not obstruct views from the neighbors' home. Therefore,the proposed 35.5 foot setback on the applicant's property would not appear to be out of character with the neighborhood in general or be a deterrent to the orderly development of the area. Mr. Hodges stated that staff recommends approval of the variance, with the condition that the porch cannot be enclosed. Mr.William Blanchard, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the BOARD OF ZONING APPEALS MEETING MINUTES JULY 11,2002 PAGE 5 Committee of the Whole. 2011 Cumberland Rd., a front yard variance of 6.3 feet with a E. Horne moved to approve BZA-3713.02, condition not to enclose the porch. Seconded by . Hilts. NAY YEA VOTE Frederick X X Hilts X Horne X Lain X Swix Siebold X McGrain X X Burgess 8-0. BZA-3713.02 2011 Cumberland Rd. has been approved. Motion carried by a vote of , F. BZA-3714.02 3128 S. MILK by VoiceStream John Hodges presented the case. This isrequest high,tmonopole communications tower t 3128 Martin fo t add a 30-foot extension to an existing 120 Luther King Blvd. Section 1274.09 of the Zoning Code permits a maximum height of 120 feet in an t tower,Light Industrial District. The applicant desires to add a 30-foot extension cove t thee. e vlariag f nce of30feet is, therefore, height of 150 feet to meet its federal requirementfor being requested. n of John Hodges stated that the existing tow er has bee constructed applicant ant wthe ill need t ximum econst construct aight lonew the "H" Light Industrial. If the variance is not approved, constructed in order to comply with coverage requirements.) tower in the area in order to fulfill their federal coverage requirements. It is not the desire of we applicant or City staff to have a new tower con If the variance is approved,the additional theig Dwell and eliminate the proliferation of communication allow the applicant to fully utilize the existing towers in the City. Therefore, the practical difficulty in this case is a direct result of the ue ordinance the limitation of 120'. Mr. Hodges stated that staff is recommending approval of this req The proposed monopole extension provide for additional oss ble with the following conditions: (1) The extension of the antennas; (2) Any additional mechanical equipment be consolidated as d ( as p existing mechanical equipment in order to minimize the visual impact-iI and emergency services. tower shall not interfere with telemetry communications of local hose Mr. David Newton, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. ick moved to approve BZA-3714.02 with the three conditions recommeGn H'ds y staff and the addition A.Frederick Staff. Seconded by of landscaping and buffering as determined by Planning BOARD OF ZONING APPEALS MEETING MINUTES JULY 11, 2002 PAGE 6 VOTE YEA NAY Frederick X Hilts X Horne X Lain X Swix X Siebold X McGram X X Burgess of 8-0. BZA-3714.02, 3128 S. MLK has been approved. Motion carried by a vote G. BZA-3715.02 1716 Roselawn Ave. John Hodges presented the case. thel house at 1716 Roselawn thats is a request by Phyllis G. nwouuld have a construct 21 foot rear yard season patio room onto the rear of setback. Section 1248.09 requires r yard 9 feet setback ue ted0 feet in the "A" Residential Distric . Therefore, a rear yard setback variance of s s factor John Hodges also stated that the practical he structure that would beiculty is the shallow not the lot (85 with the l Zoning prevents any construction to the rear o of the request. Ordinance setback standards. Mr. Hodges stated that staff recommends approval Mr. John Barber, of Paramount Improvement, representing the applicant, spoke in favor of this request. Ms.Marina Harris,1712 Roselawn,wanted she it would then that she was property \ to know if of this request. told that equet no that it would not cross the property lin , B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. ack variance of 9 feet to A. Frederick moved to approve BZA-3715.02, 1716 Rose 2 I feet from the rear lot line. Seconded by G. Hiltst construction of a 10'x 10' addition that would be setbackNAY VOTE YEA Frederick X X Hilts X Horne Lain X Swix X Siebold X McGrain X BOARD OF ZONING APPEALS MEETING MINUTES JULY 11, 2002 PAGE 7 VOTE YEA NAY Burgess X Motion carried by a vote of 8-0. BZA-3715.02, 1716 Roselawn has been approved. H. BZA-3716.02 332 Townsend John Hodges stated that this case has been withdrawn. I, BZA 3717 02 2214 Dillingham a request by John Hodges presented the case. This is sidefrom the s de(north) property line at 2214 Diorah J Sudduth to construct a ll ngham detached garage that would be located 1 be Avenue. Section 1248.03 of the Zoning efo rCode e,requires side ya d setback ached v variance of 2lfeet is requested• than 3 feet from a side property line. John Hodges stated that the applicant applied for a building permit to build a 16' x 24' detached garage, three feet from the property line, but discovered that it did not allow good maneuv not ering into the garage. She then decided to apply for a variance based on this practical difficulty rt f line. She eing able to easily get int hthetree at the northwestrage if it were to be lcoornerr of her proped three feet erty which side otherw se would have would also like to retain to be removed if the garage were to bo scrod further ing andbclea� applicant ring snow from the car n the winter,which that the garage would help her to av pthat staff is has become more difficult with her increasing health problems. Mr. Hodges stated I cantobtain recommending approval of the variance requestwith the following conditions:(1)The a[ an easement onto the property to the north g{allow fwall ond ovterhadnd of the garage maintenance of as re building by the The garage meet the fire rating of the building code. Ms. Deborah Sudduth, applicant, spoke in favor of her request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. F. Lain moved to approve BZA-3717.02, 2214 Dillingham, a side yard setback variance of 2 ft. to permit the construction of a detached garage with the conditions recommended Seconded by E by the Plan ing Staff and the condition e that the fence, north of the proposed garage, be rem NAY VOTE YEA Frederick X X Hilts X Horne Lain X Swix X Siebold X Mc rain X Burgess X Motion carried by a vote of 8-0. BZA-3717.02, 2214 Dillingham has been approved. IV OLD BUSINESS JULY 11, 2002 PAGE 8 BOARD OF ZONING APPEALS MEETING MINUTES A. BZA-3511.98, 901 N. Larch (no action) B. BZA-3553.99,735 E. Michi ga an ono no action) C. BZA-3554.99, 907 W. Sag D. BZA-3699.02, 5751 S. Cedar(no action) E BZA-3704.02,724 N.Walnut(no action) F. BZA-3705.02, 819 N.Walnut(no action) G. Rules of Procedure(no action) V. PUBLIC COMMENT-none VI. APPROVAL OF MINUTES A. Minutes of June 13 2002 A . Frederick moved to approve the minutes. Seconded by E. Horne. Unanimous voice vote to approve. 2002 meeting for A. Frederick and the September VII. NEW BUSINESS August 8, G.September Request for excused absence from the Aug rove excused absences. Seconded by 12,2002 meetingfor G. Hilts. E. Horne moved to approve Vill. ADJOURNMENT AT 9:15 p.m• Respectfully submitted, Susan Stachowiak, Zoning Administrator Draft to Clerk 07/30/02 Approved To Clerk MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS JULY 11, 2002, 7:30 P.M. CITY COUNCIL CHAMBERS, 10T" FLOOR CITY HALL ROLL CALL The meeting was called to order by B. Burgess at 7:30 p.m. Chairman Burgess read the BZA introduction. Roll call was taken. Present: A. Frederick B. Burgess G. Hilts E. Horne F. Lain B. McGrain G. Swix J. Siebold Absent: Staff: J. Hodges T. Masseau A. A quorum of at least four members was present, allowing voting action to be taken at.the meeting. II APPROVAL OF AGENDA Mr. Hilts made the motion to add "excused absence request' under new business. Seconded by E. Horne. Unanimous voice vote to approve. III. HEARINGS/ACTION Mr. Burgess stated that for BZA-3707.02, the co-applicant, Martha Kwant, is an acquaintance, however, he does not feel that there is a conflict of interest. A. BZA-3707.02. 1437 E. Oakland Ave. John Hodges presented the case. This is a request by Martha Kwant, representing the owner of 1437 E. Oakland Avenue, Harvey Wayne Rials. The applicant is proposing to enclose an existing carport at 1437 E. Oakland Avenue that would have a 1 foot rear yard setback and a 3 foot side yard setback. Section 1248.09 of the City of Lansing Zoning Ordinance requires a rear yard setback of 30 feet and Section 1248.08 requires a side yard setback of 5.2 feet for attached garages. Therefore, variances for a 29 foot rear yard setback and a 2.2 foot side yard setback are requested. John Hodges stated that the applicant has based the practical difficulty on the need for more storage space. The applicant desires to convert the carport into a garage with an overhead door. The applicant does not have a basement so there is very little room for storage. Since the applicant does not drive,the garage would be used for storage space only. Due to the size of the lot and the location of the house, the applicant would not be able to construct a garage, whether attached, or detached, that would comply with the setback requirements of the ordinance. Mr. Hodges stated that staff is recommending approval of the variance requests. Ms. Martha Kwant, co-applicant, spoke in favor of this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. G. Hilts stated that the letter from one of the neighbors about the garage that never gets painted should be turned over to Code Compliance. A. Frederick moved to approve BZA-3707.02, 1437 E. Oakland, a variance for a 29 foot rear yard setback and BOARD OF ZONING APPEALS MEETING MINUTES JULY 11, 2002 PAGE 2 a 2.2 foot side yard setback to enclose an existing carport. Seconded by G. Hilts. VOTE YEA NAY Frederick x Hilts x Horne x Lain x Swix x Siebold x McGrain x Burgess x Motion carried by a vote of 7-1. BZA-3707.02, 1437 E. Oakland Ave., has been approved. B. BZA-3710.02, 8 Savoy Court John Hodges presented the case. This is a request by Charles Edmund Shockey II. The applicant proposes to construct a deck at 8 Savoy Court that would have a 7 foot rear yard setback. Section 1260.08 requires a rear yard setback of 20 feet in the"D-1" Professional Office District. Therefore, a rear yard setback variance of 13 feet is requested. John Hodges stated that the practical difficulty involves the unique shape of the applicant's property. The property is 70' deep, however, it is 83' in width at the rear property line. While the construction of the deck all but eliminates the rear yard,there is a large side yard area on the applicant's property. Mr. Hodges stated that staff recommends approval of the variance request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. G. Hilts asked if the applicant needed a permit to have this deck built. John Hodges stated that it did due to the fact that the deck is attached to the house. The applicant was not present. A. Frederick moved to approve BZA-3710.02, 8 Savoy Ct., a rear yard setback variance of 13 feet. Seconded by G. Hilts. VOTE YEA NAY Hilts x Frederick x Horne x Lain x Swix x Siebold x McGrain x Burgess x Motion carried by a vote of 6-2. BZA-3710.02, 8 Savoy Ct., has been approved. BOARD OF ZONING APPEALS MEETING MINUTES JULY 11, 2002 PAGE 3 C. BZA-3711.02, 1722 Pattengill Ave. John Hodges presented the case. This is a request by Linda K. Evans Middaugh. The applicant proposes to remove the existing garage and shed and construct a new, 988 square foot(26' x 38'), detached garage at 1722 Pattengill. Section 1248.03(b)(5) permits a maximum floor area of 720 square feet for a private garage located on a lot equal to or greater than 5,000 square feet in area in the "A" Residential District. Therefore, a variance of 268 square feet is requested.. John Hodges stated that there appears to be no real practical difficulty in this case. The justification for granting a variance must be based on more than a matter of mere preference. The applicants lot is a larger lot(8,176 sq. ft.)than a typical lot of 6,000 square foot. However, it is not large enough to warrant a 37% increase in the size of the garage. Under the proposed Zoning Ordinance amendments, the applicant would be permitted 770 square feet of detached garage area. Staff recommended denial of the requested variance. Mr. Bob Middaugh, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. G. Hilts stated that is does not appear that staff communicated to the applicant that their case was recommended for denial for lack of a practical difficulty. A. Frederick stated that the applicant has a right to grieve the decision of the Zoning Administrator. G. Hilts moved to deny BZA-3711.02, 1722 Pattengill, a variance of 268 square feet. Seconded by A. Fredericks. VOTE YEA NAY Frederick X Hilts X Horne X Lain X Swix X Siebold X McGrain X Burgess X Motion carried by a vote of 8-0. BZA-3711.02, 1722 Pattengill has been denied. D. BZA-3712.02,4607 Eastlawn John Hodges presented the case. This is a request by Bruce Kruger for a variance to construct a new house at 4607 Eastlawn Drive, located a the corner of Cavanaugh Road and Eastlawn Drive, that would have a front yard setback of 40' along Cavanaugh Road and a 33' front yard setback along Eastlawn Drive. Variances to the front yard setback requirement of 10'along Cavanaugh Road and 12' along Eastlawn Drive are, therefore, being requested. John Hodges stated that the lot size has created a practical difficulty in meeting the setback requirements. Applying all the required setbacks to this lot would result in buildable area of only 14' x 30'. Section 1240.03 states that dwelling units on lots 40 feet or greater in width must contain a core area of living space that is at lease 24' x 24'. Consequently, the lot can not be used for residential purposes in a manner that conforms with the zoning ordinance. Based on the information and findings BOARD OF ZONING APPEALS MEETING MINUTES JULY 11, 2002 PAGE 4 described, it is recommended by staff that this be approved. Mr. Tony Szilagyi, representing the applicant, Bruce Kruger, spoke in favor of the request. Ms. Allison Van Buren, lives at 4613 Eastlawn, spoke in regards to this request. Ms. Van Buren stated that she wasn't quite sure of which way the house was being requested to be moved; either closer to the road or back further. Ms.Pamela Benjamin,2620 E.Cavanaugh,stated that she has a question. Their property is located on the other side of the fence. They wanted to know if Mr. Kruger would be interested in buying parcel B, so that he would have more of an area to build. Mr. Erwin Schmidt, 4620 Eastlawn, spoke in favor of the request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. G. Hilts moved to approve BZA-3712.02, 4607 Eastlawn, a front yard setback requirement of 10' along Cavanaugh Rd. and 12' along Eastlawn Drive with the condition that the porch not be enclosed. Seconded by G. Swix. VOTE YEA NAY Frederick X Hilts X Horne X Lain X Swix X Siebold X McGrain X Burgess X Motion carried by a vote of 8-0. BZA-3712.02,4607 Eastlawn, has been approved. E. BZA-3713.02, 2011 Cumberland Rd. John Hodges presented the case. This is a request by William Blanchard to construct a 9'x 21'front porch onto the house at 2011 Cumberland Road that would have a 35.5 foot front yard setback. Section 1248.07 requires an established front yard setback of 41.8 feet in the"A" Residential District. Therefore, a front yard setback variance of 6.3 feet is requested. John Hodges stated that this is a curved portion of the road, so the curvature allows for views to be maintained up and down Cumberland. The front porch would not obstruct views from the neighbors' home. Therefore,the proposed 35.5 foot setback on the applicant's property would not appear to be out of character with the neighborhood in general or be a deterrent to the orderly development of the area. Mr. Hodges stated that staff recommends approval of the variance, with the condition that the porch cannot be enclosed. Mr.William Blanchard, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the BOARD OF ZONING APPEALS MEETING MINUTES JULY 11, 2002 PAGE 5 Committee of the Whole. E. Horne moved to approve BZA-3713.02, 2011 Cumberland Rd., a front yard variance of 6.3 feet with a condition not to enclose the porch. Seconded by G. Hilts. VOTE YEA NAY Frederick X Hilts X Horne X Lain X Swix X Siebold X McGrain X Burgess X Motion carried by a vote of 8-0. BZA-3713.02, 2011 Cumberland Rd. has been approved. F. BZA-3714.02, 3128 S. MILK John Hodges presented the case. This is a request by VoiceStream Wireless to seek a variance to add a 30-foot extension to an existing 120-foot high, monopole communications tower at 3128 Martin Luther King Blvd. Section 1274.09 of the Zoning Code permits a maximum height of 120 feet in an"H" Light Industrial District. The applicant desires to add a 30-foot extension to the existing 120-foot tower, for a total height of 150 feet to meet its federal requirement for coverage. A variance of 30 feet is, therefore, being requested. John Hodges stated that the existing tower has been constructed to the maximum height limitation of the "H" Light Industrial. If the variance is not approved, the applicant will need to construct a new tower in the area in order to fulfill their federal coverage requirements. It is not the desire of the applicant or City staff to have a newtower constructed in order to comply with coverage requirements. If the variance is approved,the additional height will allow for future co-location of antennas. This will allow the applicant to fully utilize the existing tower and eliminate the proliferation of communication towers in the City. Therefore, the practical difficulty in this case is a direct result of the ordinance limitation of 120'. Mr. Hodges stated that staff is recommending approval of this request with the following conditions: (1) The proposed monopole extension provide for additional co-location of antennas; (2)Any additional mechanical equipment be consolidated as much as possible with the existing mechanical equipment in order to minimize the visual impact; and (3) The extension of the tower shall not interfere with telemetry communications of local hospitals and emergency services. Mr. David Newton, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. A.Frederick moved to approve BZA-3714.02 with the three conditions recommended by staff and the addition of landscaping and buffering as determined by Planning Staff. Seconded by G. Hilts. BOARD OF ZONING APPEALS MEETING MINUTES JULY 11, 2002 PAGE 6 VOTE YEA NAY Frederick X Hilts X Horne X Lain X Swix X Siebold X McGrain X Burgess X Motion carried by a vote of 8-0. BZA-3714.02, 3128 S. MLK has been approved. G. BZA-3715.02. 1716 Roselawn Ave. John Hodges presented the case. This is a request by Phyllis G. Sims to construct a 10'x 10'three season patio room onto the rear of the house at 1716 Roselawn that would have a 21 foot rear yard setback. Section 1248,09 requires a rear yard setback of 30 feet in the "A" Residential District. Therefore, a rear yard setback variance of 9 feet is requested. John Hodges also stated that the practical difficulty is the shallow depth of the lot(85.33'). This factor prevents any construction to the rear of the structure that would be in compliance with the Zoning Ordinance setback standards. Mr. Hodges stated that staff recommends approval of the request. Mr. John Barber, of Paramount Improvement, representing the applicant, spoke in favor of this request. Ms.Marina Harris,1712 Roselawn,wanted to know if it would cross the property line. When told that no that it would not cross the property line, she stated then that she was in favor of this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. A. Frederick moved to approve BZA-3715.02, 1716 Roselawn,a rear yard setback variance of 9 feet to permit construction of a 10'x 10'addition that would be setback 21 feet from the rear lot line. Seconded by G. Hilts. VOTE YEA NAY Frederick X Hilts X Horne X Lain X Swix X Siebold X McGrain X BOARD OF ZONING APPEALS MEETING MINUTES JULY 11, 2002 PAGE 7 VOTE YEA NAY Burgess X Motion carried by a vote of 8-0. B7ZA-3715.02, 1716 Roselawn has been approved. H. BZA-3716.02 332 Townsend John Hodges stated that this case has been withdrawn. 1, BZA 3717 02 2214 Dillingham John Hodges presented the case. This is a request by Deborah J Sudduth to construct a 24' x 16' detached garage that would be located 1 foot from the side (north) property line at 2214 Dillingham Avenue. Section 1248.03 of the Zoning Code requires a detached garage to be located not closer than 3 feet from a side property line. Therefore, a side yard setback variance of 2 feet is requested. John Hodges stated that the applicant applied for a building permit to build a 16' x 24' detached garage, three feet from the property line, but discovered that it did not allow good maneuvering into the garage. She then decided to apply for a variance based on this practical difficulty of not being able to easily get into the garage if it were to be located three feet from the side property line. She would also like to retain the tree at the northwest corner of her property which otherwise would have to be removed if the garage were to be shifted further back on the lot. The applicant has further stated that the garage would help her to avoid scraping and clearing snow from the car in the winter,which has become more difficult with her increasing health problems. Mr. Hodges stated that staff is recommending approval of the variance requestwith the following conditions:(1)The applicant obtain an easement onto the fire rating property the north to of the north wall and overhand of the garage maintenance of the required by the The garage meet the fire g building code. Ms. Deborah Sudduth, applicant, spoke in favor of her request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. F. Lain moved to approve BZA-3717.02, 2214 Dillingham, a side yard setback variance of 2 ft. to permit the construction of a detached garage with the conditions removed. Seconded by E. PlaHornning Staff and the condition that the fence, north of the proposed garage, NAY VOTE YEA Frederick X Hilts X Horne X Lain X Swix X Siebold X McGrain X Burgess X Motion carried by a vote of 8-0. BZA-3717.02, 2214 Dillingham has been approved. IV OLD BUSINESS BOARD OF ZONING APPEALS MEETING MINUTES JULY 11, 2002 PAGE 8 A. BZA-3511.98, 901 N. Larch (no action) B. BZA-3553.99, 735 E. Michigan (no action) C. BZA-3554.99, 907 W. Saginaw(no action) D. BZA-3699.02, 5751 S. Cedar(no action) E. BZA-3704.02,724 N.Walnut(no action) F. BZA-3705.02, 819 N.Walnut(no action) G. Rules of Procedure(no action) V. PUBLIC COMMENT- none Vl. APPROVAL OF MINUTES A. Minutes of June 13 2002 A. Frederick moved to approve the minutes. Seconded by E. Horne. Unanimous voice vote to approve. VII. NEW BUSINESS Request for excused G. Hilts. E.Hor he August e moved to, 2002 approve eeting for A. Frederick and the September excus d absences. Seconded by G. Sw x. 12, 2002 meeting for G. Hilt Vill. ADJOURNMENT AT 9:15 P.M. Respectfully submitted, Susan Stachowiak, Zoning Administrator BOARD OF ZONING APPEALS MEETING MINUTES JUNE 13, 2002 PAGE 1 Draft to Clerk 06/28/02 Approved 07/11/02 To Clerk 07/30/02 MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS JUNE 13, 2002, 7:30 P.M. CITY COUNCIL CHAMBERS, 10T" FLOOR CITY HALL ROLL CALL The meeting was called to order by B. Burgess at 7:30 p.m. Chairman Burgess read the BZA introduction. Roll call was taken. Present: A. Frederick B. Burgess G. Hilts E. Horne F. Lain B. McGrain Absent: G. Swix J. Siebold Staff: S. Stachowiak T. Masseau A. A quorum of at least four members was present, allowing voting action to be taken at the meeting. II APPROVAL OF AGENDA III. HEARINGS/ACTION A. BZA-3704.02, 724 N. Walnut Susan Stachowiak presented the case. This is a request by Ferris Development for the property located at 724 n. Walnut Street. Section 1256.07 of the City of Lansing Ordinance, requires a front yard setback of 20 feet. Section 1256.11 restricts the maximum lot coverage to 60 percent of the total lot area. The existing building at 724 N. Walnut Street has a 14 foot front yard setback and the proposed lot coverage is approximately 70 percent. Therefore, a 6 foot front yard setback variance and a 10 percent lot coverage variance is requested. Susan Stachowiak explained that Ferris Development has re-zoning cases pending before the Planning Board to rezone both of these cases to"DM3." Due to the fact that the variances are tied to these rezonings, so we think that the variances are premature. It is necessary to hold a Public Hearing this evening because these have been noticed. We are recommending that these be tabled pending the outcome of the rezoning. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. E. Horne moved to table BZA-3704.02, 724 N. Walnut, for the lot coverage variance until zoning issues are completed. Seconded by G. Hilts. VOTE YEA NAY Frederick X Hilts X Horne X BOARD OF ZONING APPEALS MEETING MINUTES JUNE 13, 2002 PAGE 2 VOTE YEA NAY Lain X McGrain X 11 Burgess X Motion carried by a vote of 6-0. BZA-3704.02, 724 N.Walnut, has been tabled. B. BZA-3705.02, 819 N.Walnut Susan Stachowiak presented the case. This is a request by Ferris Development for the property located at 819 N. Walnut Street. Section 1256.07 of the City of Lansing Zoning Ordinance requires a front yard setback of 20 feet. The existing building at 819 N. Walnut Street has an 8.5 foot front yard setback. Therefore, a variance of 11.5 feet is requested. Susan Stachowiak explained that Ferris Development has re-zoning cases pending before the Planning Board to re-zone both of these cases to"DM3." Due to the fact that the variances are tied to these re-zonings, so we think that the variances are premature. It is necessary to hold a Public Hearing this evening because these have been noticed. We are recommending that these be tabled pending the outcome of the re-zoning. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. E.Horne moved to table BZA-3705.02,819 N.Walnut,a front yard variance until zoning issues are completed. Seconded by G. Hilts. VOTE YEA NAY Hilts X Frederick X Horne X Lain X McGrain X Burgess X Motion carried by a vote of 6-0. BZA-3705.02, 819 N.Walnut, has been tabled. C. BZA-3701.02, 500 American Rd. Susan Stachowiak presented the case. This is a request by Keystone Design Group, on behalf of WILX-TV 10, to construct an 88 foot high "Doppler Radar" tower at their facility located at 500 American Rd. Section 1268.09 of the Zoning Ordinance restricts the height of structures including towers to 40 feet in the"F"Commercial District. A variance of 48 feet is, therefore, being requested. Susan Stachowiak stated that they are requesting that this variance be approved with conditions. One of the conditions is that the relocation of the tower be further to the rear of the site. Also, that the planting of trees where there are spaces in the front yard buffer area. In other words, fill it in where there is some spacing right now to buffer the base of the tower if nothing else. The first two recommendations that you'll see in the staff report and one of them states that the tower be the color that blends with the background sky as much as possible. The other says that the use of words,logos, symbols, shapes, and other patterns that would call attention to the tower is prohibited. One of the reasons why we put number two condition in there is is that we don't want the tower to have just a big WILX and their symbol on the tower or do we want it to be their advertising sponsor. In further discussions on this,we also think it would be nice if this tower could somehow be an identification or something that symbolizes the South Side Business area. Susan Stachowiak also suggested that BOARD OF ZONING APPEALS MEETING MINUTES JUNE 13, 2002 PAGE 3 W I LX work with the South Side Business Association to come up with some creative ideas on how that could be achieved or maybe"Welcome to Lansing"on it or something to make it more of a landmark or more of a symbol of that area instead of just a big tower painted white. Susan Stachowiak stated that they are recommending this be approved with conditions. Mr. Michael King, applicant, spoke in favor of his request. Mr. Darrin Rockcole, Chief Meteorologist of WILX, spoke in regards on how the Doppler Radar operates. He also stated that their engineer has been out measuring the trees in the area and that is the reasoning in why they've chosen to construct an 88 foot tower. The trees are measuring to about 80 feet in height. Larry Johnson, Keystone Design, spoke in favor of this request. Susan Stachowiak asked the applicant on how he felt about the conditions that the staff have presented. Mr. Michael King said that he didn't have a problem with these particular conditions. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. B.McGrain moved to approve BZA-3701.02,500 American Rd.,a variance request of 48 feet with the conditions in the staff report. Seconded by G. Hilts. VOTE YEA NAY Frederick X Hilts X Horne X Lain X McGrain X Burgess x Motion carried by a vote of 6-0. BZA-3701.02, 500 American Rd. has been approved w/conditions. D. BZA-3702.02, Edgewood Blvd. Susan Stachowiak presented the case. This is a request by Adams Outdoor Advertising to seek a variance to construct a billboard advertising sign within 130 feet of a residentially zoned property. The billboard would be located on the north side of 1-96 between Labelle Rd. and Grovenburg Rd. Section 1422.22(e)(2)of the Sign Code states that a billboard shall not be located closerthan 200 feet from any residential district. A residentially zoned parcel, owned by the Board of Water and Light for a water well, is located 130 feet from the proposed site of the billboard. A variance of 70 feet to the setback requirement is, therefore, being requested. Susan Stachowiak stated that there are a few reasons why they chose to put it in this location. One of them is because if they move if further north, they could comply with the distance away from the Board of Water and Light property, but this puts them closer to another billboard that is in the general vicinity. They're required to place them so many feet away from each other like 1,500 feet. The other thing is if they move it to the north a little bit further on the site and it would necessitate having to remove a great deal of trees. Adam's has met on site with the City Forester and the City Forester has agreed that this is the best location which would require to remove the least amount of trees in that area. Trees are an important resource especially along the highway. This is the most appropriate place on this property for the billboard. BOARD OF ZONING APPEALS MEETING MINUTES JUNE 13, 2002 PAGE 4 Mr. Ray James, applicant, spoke in favor of the request and B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. A.Frederick moved to approve BZA-3702.02,Edgewood Blvd.,a variance of 70 feet to the setback requirement. Seconded by F. Lain. VOTE YEA NAY Frederick X Hilts X Horne X Lain X Burgess X McGrain X Motion carried by a vote of 7-0. BZA-3702.02, Edgewood Blvd. has been approved. E. BZA-3703.02, 1721 Lenore Ave. Susan Stachowiak presented the case. This is a request by Angela and Karl Bunker. The applicants are proposing to construct a front porch at 1721 Lenore Avenue that would have a 23 foot front yard setback. Section 1248.07 requires a front yard setback of 29 feet for the subject property. Therefore, a variance of 6 feet is requested. Susan Stachowiak also stated that staff is recommending approval of this request. There are a couple of practical difficulties. This property is a corner lot and given that the setbacks on Lenore are setback a little bit further. There is no way that these folks can construct a porch of any size on the front of the house on Lenore Ave. that would comply with the setbacks. It's impossible. They could do one foot off the front of the house that would be legally in compliance with the ordinance. They cannot even put a deck of any significance on the back of the house because they are pretty pressed up to their rear property line. Since people don't put porches on the back of their homes, this is the only area that would be appropriate. The staff is recommending this to be approved with the condition that the porch not to be enclosed. Mr. & Mrs. Karl Bunker, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. F. Lain moved to approve BZA-3703.02, 1721 Lenore Ave., a front yard variance of 6 feet with the condition that the porch never be enclosed. Seconded by E. Horne. VOTE YEA NAY Frederick X Hilts X Horne X Lain X BOARD OF ZONING APPEALS MEETING MINUTES JUNE 13, 2002 PAGE 5 VOTE YEA NAY Burgess X McGrain X Motion carried by a vote of 7-0. BZA-3703.02, 1721 Lenore Ave. has been approved. F. BZA-3706.02,414 Astor Ave. Susan Stachowiak presented the case. This is a request by Gary Parks. The applicant is proposing to construct a roof over the front porch at 412/414 Astor Avenue that would have a 33 foot front yard setback. Section 1248.07 of the City of Lansing Zoning Ordinance requires a front yard setback of 46 feet for the subject property. Therefore, a variance of 13 feet is requested. Susan Stachowiak stated that this is also a front yard variance to construct a roof over an existing deck/porch. The average front yard setback in this case is 46 feet. The applicant is proposing that the roof over the porch would have a 33 foot setback with this variance of 13 feet. There's some diagrams in the packet and there's also a mortgage survey which is a little tricky to follow according to the applicant. The house is not built in the location that's shown on here according to the measurements that the applicant took. On the following page, there are the dimensions that the applicant took which are to the curb, but not only for himself,for the other homeowners. Even though the porch is there,the roof needs to comply with the setback too. The staff recommends the approval of this setback, but with a condition that it is never to be enclosed. Mr. Gary Parks, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. A.Frederick moved to approve BZA-3706.02,414 Astor Ave.,a front yard variance of 13 foot with the condition that the porch never be enclosed. Seconded by B. McGrain. VOTE YEA NAY Frederick X Hilts X Horne X Lain X Burgess X McGrain X Motion carried by a vote of 7-0. BZA-3706.02, 414 Astor Ave. has been approved with condition.. F. BZA-3707.02, 1437 E. Oakland Ave. Susan Stachowiak stated this case is being postponed until the July meeting, due to an error in the notification. This needs to be re-noticed and the applicant is aware of what is going on in the case. G. BZA-3708.02, 705 Moores River Dr. Susan Stachowiak presented the case. This is a request by Ronald and Pamela Cooke. The applicants are proposing to construct an addition to the back of the house at 705 Moores River Drive BOARD OF ZONING APPEALS MEETING MINUTES JUNE 13, 2002 PAGE 6 that would have an 18 foot rear yard setback. Section 1248.07 of the City of Lansing Zoning Ordinance requires a rear yard setback of 30 feet in the "A" Residential Zoning District. Therefore, a variance of 12 feet is requested. Susan Stachowiak stated that this is a relatively small lot given its shape. The house is basically centered in the lot and not leaving much room for an addition. According to the property owners,the reason that they would like to have this variance is because they are going to be moving their father/father-in-law into the home and need additional bedroom space. They will be creating two 12' by 12' rooms in the new addition. This is a single story home. The staff didn't really feel that this was a practical difficulty here so much as a unnecessary hardship on the applicant, if it wouldn't be approved. Mrs. Pamela Cooke, applicant, spoke in favor of her request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. G. Hilts moved to approve BZA-3708.02,705 Moores River Dr., a rear yard variance of 12 foot. Seconded by E. Horne. VOTE YEA NAY Frederick X Hilts X Horne X Lain X Burgess X McGrain X Motion carried by a vote of 7-0. BZA-3708.02, 705 Moores River Dr. has been approved. H. BZA-3709.02, 1800 Illinois Susan Stachowiak presented the case. This is a request by Jeffrey Bacon. The applicant proposes to construct a new house at 1800 Illinois Street that would have a 2 foot front yard setback from the Illinois Street right-of-way. Section 1248.07 requires a front yard setback of 20 feet in the "A" Residential Zoning District. Therefore, a front yard setback variance of 18 feet is requested. Susan Stachowiak also stated that this a very unique situation as far as variance for front yards goes. This is considered a corner lot because it has frontage along to public right of ways, Illinois Street and Whyte Street. Illinois Street north of Whyte,is unimproved and only part of that street wasn't vacated. It's a little area that runs right in front of the applicant's property in a small area that is right in front of the property that's labeled on here 121. Other than that, everything else has been vacated. Everything surrounding this site on three sides, is zoned for Porter Park. It was the only part of Illinois Street that was reserved to provide access to this site, but because of this it makes this a corner lot which means that they have to comply with front yard setbacks both along Illinois and along Whyte. In this case, the applicant wants to put a manufactured home on this lot and he has provided several diagrams including floor plans and elevations of the proposed modular home. The dimensions of it are 52' by 28' ranch style. The applicant would like to situate this home two feet from Illinois front property line. It would meet the 20 foot required setback from Whyte Street. The reasons the applicant wants to put it here, is that there's an existing garage that is to remain on the property. He's also shown the existing house which is to be removed. He's shown the ranch house in the proposed BOARD OF ZONING APPEALS MEETING MINUTES JUNE 13, 2002 PAGE 7 location with the two foot setback and he's shown the house where it would have to be if the variance were denied and he had to meet code. The applicant is saying that the reason he can't and doesn't want to put it in this location is because is would only be five feet away from the existing garage. According to the applicant, the installer of this manufactured home will not locate it in that area because it's too close to the existing garage and it would do damage to the garage. The other issue is that they would like to have a deck on the side of their home that faces the park, so that they can watch their children play. Another reason is with the grade change on the property. Which according to the applicant, if they were to place the house in the location where it met code, it would be four feet lower than the existing garage and would visually unappealing from their standpoint. Now grade changes and the possibility of damaging the garage are justifications for a variance. The staff is recommending that this be approved. Mr. Jeff Bacon, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. B. McGrain moved to approve BZA-3709.02, 1800 Illinois,a front yard setback variance of 18 foot. Seconded by A. Frederick. VOTE YEA NAY Frederick X Hilts X Horne X Lain X Burgess X McGram X Motion carried by a vote of 7-0. BZA-3709.02, 1800 Illinois has been approved. IV OLD BUSINESS A. BZA-3511.98, 901 N. Larch (no action) B. BZA-3553.991 735 E. Michig0an (no action) C. BZA-3554.99, 907 W. Saginaw(no action) D. BZA-3699.02, 5751 S. Cedar(no action) E. Rules of Procedure (no action) V. PUBLIC COMMENT- none Vl. APPROVAL OF MINUTES A. Minutes of May 9, 2002 A. Frederick moved to approve the minutes with the change of Frederick to Horne on page 5. Seconded by G. Hilts. Unanimous voice vote to approve. VII. NEW BUSINESS BOARD OF ZONING APPEALS MEETING MINUTES JUNE 13, 2002 PAGE 8 VIII. ADJOURNMENT AT 8:35 p.m. Respectfully submitted, = � t Susan Stachowiak, Zoning Administra or BOARD OF ZONING APPEALS Mtn rING MINUTES MAY 9, 2002 PAGE 1 Draft to Clerk 05/21/02 Approved 06/13/02 To Clerk 06/20/02 MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS MAY 9, 2002, 7:30 P.M. CITY COUNCIL CHAMBERS, 10T" FLOOR CITY HALL ROLL CALL The meeting was called to order by B. Burgess at 7:30 p.m. Chairman Burgess read the BZA introduction. Roll call was taken. Present: A. Frederick B. Burgess G. Hilts E. Horne G. Swix F. Lain B. McGrain Absent: Staff: S. Stachowiak A. A quorum of at least four members was present, allowing voting action to be taken at the meeting. II APPROVAL OF AGENDA E. Horne moved to approve the agenda with the addition of an excused absence for Mr. Siebold and "handouts from E. Horne" under new business. Seconded by A. Frederick. Unanimous voice vote to approve the agenda, as amended. III. HEARINGS/ACTION A. BZA-3693.02, 226 E. Grand River Susan Stachowiak presented the case. This is a request by Tom Donall for a variance from the required number of parking spaces for the building at 226 E. Grand River Avenue. Mr. Donall is asking for a 42 space parking variance,which would allow him to market his property for a restaurant. No on-site parking is available at 226 E. Grand River Ave.,which creates a practical difficulty for the owner in trying to establish a business at this address. Therefore, a variance of 42 spaces is being requested. Ms. Stachowiak stated that staff is recommending approval of this variance request. Ms. Linda Sutton, spoke in support of the request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr.Swix expressed concern about other businesses in the area requesting similar variances if this one is approved. Ms. Horne expressed concern about granting parking variances in this area, thereby causing people to park on the streets. A. Frederick moved to approve BZA-3693.02,226 E. Grand River,a parking variance of 42 spaces. Seconded by G. Hilts. VOTE YEA NAY Frederick X Hilts X BOARD OF ZONING APPEALS MEETING MINUTES MAY 9, 2002 PAGE 2 VOTE YEA NAY Horne X Lain X Swix X McGrain X Burgess X Motion carried by a vote of 5-2. BZA-3693.02, 226 E. Grand River, has been approved. B. BZA-3698.02, 3615 Dunckel Rd. Susan Stachowiak presented the case. This is a request by Jennie Hunter, on behalf of North American Signs, to remove the 280 square foot sign on the existing pole at 3615 Dunckel road and replace it with a 272.9 square foot sign in the same location. The existing sign is 70-feet in height. Section 1442.12(5)(B)of the City Sign Code permits a maximum height of 30-feet and maximum sign area of 170 square feet in the"F"Commercial District. Therefore,this is a variance request for 102.9 square feet of sign area from the maximum permitted 170-feet and 40-feet from the maximum permitted height of 30 feet. Ms. Stachowiak stated that staff is generally supportive of the request, but would like to see the size of the sign reduced so that it is a substantial improvement over what currently exists. Mike Floyd and Charley Schalliol,representing Red Roof Inn,spoke in support of their request. Mr. Floyd presented a revised request for a 247.3 square foot sign as opposed to 272.9 square feet as originally requested. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Hilts stated that the Board has generally accepted requests where the sign was being brought further into compliance with the Sign Code requirements. Mr. Swix questioned the necessity of having a sign that is 70-feet high. A. Frederick moved to approve BZA-3698.02, 3615 Dunckel Rd., a variance request for a 77.3 square feet of sign area and 40-feet in height. Seconded by G. Hilts. VOTE YEA NAY Hilts X Frederick X Horne X Lain X Swix X McGrain X Burgess X Motion carried by a vote of 7-0. BZA-3698.02, 3615 Dunckel, has been approved. B. BZA-3699.02, 5751 S. Cedar St. Susan Stachowiak presented the case. This is a request by Troup Electronics, Inc. for a variance to permit 6 wall signs totaling 153.35 square feet at 5751 S. Cedar Street. Section 1442.13 of the City BOARD OF ZONING APPEALS MEETING MINUTES MAY 9, 2002 PAGE 3 of Lansing Sign Code allows a maximum of two wall signs with a combined area of 150 square feet for the subject building. Therefore, variances of 3.35 square feet to the sign area limit and 4 to the allowable quantity of signs are being requested. Ms. Susan Hughes, applicant, spoke in favor of her request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. G.Swix moved to table BZA-3699.02,a variance request for 3.35 square feet to the sign area limit and 4 to the allowable quantity of signs. Seconded by F. Lain. NAY VOTE YEA X R X X X X X X Motion carried by a vote of 6-1. BZA-3699.02, 5751 S. Cedar St. has been tabled. D. BZA-3700.02 5012 Starr Ave. Susan Stachowiak presented the case. This is a request by Tammi Sue Wilson to construct a 1,008 (28' x 36') square foot attached garage at 5012 Starr Ave. in the "A" Residential zoning district. Section 1248.03(b)(5) of the Zoning Code states that the maximum floor area of a private garage located on a lot equal to or greater than 5,000 sq. ft. in size shall not exceed 720 sq.ft. Therefore, a variance of 288 square feet is requested. Ms.Stachowiak stated that staff is recommending approval of a 1,000 square foot garage,rather than 1,008 as requested by the applicant. She stated that under the proposed Zoning Ordinance amendments, 1,000 square feet would be permitted for the subject property. pro Frederick stated that since the new ordinance amendment would allow for 1,000 square feet,this Mr.is a reasonable request. Mr. McGrain stated that the width of the garage would only have to be reduced approximately 3 inches in order to reduce the overall size to 1,000 square feet. Mark Gruell, 5012 Starr, spoke in favor of the request and stated that the garage could be reduced to 1,000 square feet. Tammi Wilson, 5012 Starr, spoke in favor of her request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. A. Frederick moved to table BZA 3700.02, 5012 Starr, pending receipt of a revised plan for a 1,000 square foot garage. Seconded by E. Horne. Unanimous voice vote to approve. Mr. Swix stated that instead of tabling the case, a variance for a 1,000 square foot garage could be approved. BOARD OF ZONING APPEALS MEETING MINUTES MAY 9, 2002 PAGE 4 A. Frederick moved to remove BZA 3700.02 from the table. Seconded by G. Hilts. Unanimous voice vote to approve. G. Hilts moved to approve BZA-3700.02,5012 Starr Ave.,a variance of 280 square feet. Seconded by F. Lain. VOTE YEA NAY Frederick X Hilts X Horne X Lain X Burgess X McGrain X Swix X Motion carried by a vote of 7-0. BZA-3700.02, 5012 Starr Ave. has been approved. E. BZA-3691.02, 310 N. Chestnut A. Frederick moved to take BZA 3691.02 off the table. Seconded by E. Horne. Unanimous voice vote to approve. Susan Stachowiak presented the case. She stated that the applicant, Christian Kindsvatter, has submitted a revised request for the proposed garage at 310 N. Chestnut. The applicants original request was to construct a 297 sq. ft. garage (17.5'x 19.2')that would be 6 inches from the side and rear lot lines. The revised request is for a 257.4'garage(177'x 15')that would be 2 feet from the side and rear property lines. She stated that staff is supportive of the revised request with the following conditions: 1. The garage be constructed of fire-rated material as required by the Building Code; 2. The garage be designed so that its scale and roof pitch have a minimal effect on the adjacent properties and historic character of the surrounding area; 3. The design be reviewed by the Planning Office for compatibility with the surrounding area, prior to approval of a Building permit; Mr. Christian Kindsvatter, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. A. Frederick moved to approve BZA-3691.02,310 N. Chestnut Street,a variance of 3.7 feet from the side yard setback requirement and 23 feet from the rear yard setback requirement. Seconded by G. Hilts. VOTE YEA NAY Frederick X Hilts X Horne X Lain X Burgess X PAGE 5 MAY 9, 2002 BOARD OF ZONING APPEALS MEETING MINUTES NAY YEA VOTE X McGrain X roved. Swix Mo tion carried by a vote of 7-0. BZA-3691.02,310 N. Chestnut Street. has been approved. IV OLD BUSINESS A BZA-3511.98,901 N. Larch an nova ton) B. BZA-3553.99,735 E. Saginaw(no action) C. BZA-3554.99, 907 W• Sag D. Rules of Procedure (no action) V. PUBLIC COMMENT - none VI APPROVAL OF MINUTES elfin o{°°Zuchowski" on A. Minutes of A ril 11 2002 E. Horne moved to approve the minutes with a vote to o approve. Mr.McG rain abstained from page 2. Seconded by G.Hilts.Unanimous voice vote to app voting. VII NEW BUS INESS e a motion to grant J. Siebold an excused absence. Seconded by G. Hilts. A. A. Frederick mad rove. Unanimous voice vote to approve. B. E. Horned distributed various handouts to the Board members. Vill. ADJOURNMENT AT 9:10 P.M. Respectfully submitted, Susan Stachowiak, Zoning Administrator BOARD OF ZONING APPEALS MEC(ING MINUTES MAY 9, 2002 PAGE 1 Draft to Clerk 05/21/02 Approved To Clerk MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS MAY 9, 2002, 7:30 P.M. CITY COUNCIL CHAMBERS, 10T" FLOOR CITY HALL ROLL CALL The meeting was called to order by B. Burgess at 7:30 p.m. Chairman Burgess read the BZA introduction. Roll call was taken. Present: A. Frederick B. Burgess G. Hilts E. Horne G. Swix F. Lain B. McGrain Absent: Staff: S. Stachowiak A. A quorum of at least four members was present, allowing voting action to be taken at the meeting. II APPROVAL OF AGENDA E. Horne moved to approve the agenda with the addition of an excused absence for Mr.Siebold and "handouts from E. Horne" under new business. Seconded by A. Frederick. Unanimous voice vote to approve the agenda, as amended. III. HEARINGS/ACTION A. BZA-3693.02, 226 E. Grand River Susan Stachowiak presented the case. This is a request by Tom Donall for a variance from the required number of parking spaces for the building at 226 E. Grand River Avenue. Mr. Donall is asking for a 42 space parking variance,which would allow him to market his property for a restaurant. No on-site parking is available at 226 E. Grand River Ave., which creates a practical difficulty for the owner in trying to establish a business at this address. Therefore, a variance of 42 spaces is being requested. Ms. Stachowiak stated that staff is recommending approval of this variance request. Ms. Linda Sutton, spoke in support of the request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr.Swix expressed concern about other businesses in the area requesting similar variances if this one is approved. Ms. Horne expressed concern about granting parking variances in this area, thereby causing people to park on the streets. A. Frederick moved to approve BZA-3693.02,226 E. Grand River,a parking variance of 42 spaces. Seconded by G. Hilts. VOTE YEA NAY Frederick X Hilts X BOARD OF ZONING APPEALS MEETING MINUTES MAY 9, 2002 PAGE 2 VOTE YEA NAY Horne X Lain X Swix X McGrain X Burgess X Motion carried by a vote of 5-2. BZA-3693.02, 226 E. Grand River, has been approved. B. BZA-3698.02, 3615 Dunckel Rd. Susan Stachowiak presented the case. This is a request by Jennie Hunter, on behalf of North American Signs, to remove the 280 square foot sign on the existing pole at 3615 Dunckel road and replace it with a 272.9 square foot sign in the same location. The existing sign is 70-feet in height. Section 1442.12(5)(B) of the City Sign Code permits a maximum height of 30-feet and maximum sign area of 170 square feet in the"F"Commercial District. Therefore,this is a variance request for 102.9 square feet of sign area from the maximum permitted 170-feet and 40-feet from the maximum permitted height of 30 feet. Ms. Stachowiak stated that staff is generally supportive of the request, but would like to see the size of the sign reduced so that it is a substantial improvement over what currently exists. Mike Floyd and Charley Schalliol, representing Red Roof Inn,spoke in support of their request. Mr. Floyd presented a revised request for a 247.3 square foot sign as opposed to 272.9 square feet as originally requested. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Hilts stated that the Board has generally accepted requests where the sign was being brought further into compliance with the Sign Code requirements. Mr. Swix questioned the necessity of having a sign that is 70-feet high. A. Frederick moved to approve BZA-3698.02, 3615 Dunckel Rd., a variance request for a 77.3 square feet of sign area and 40-feet in height. Seconded by G. Hilts. VOTE YEA NAY Hilts X Frederick X Horne X Lain X Swix X McGrain X Burgess X Motion carried by a vote of 7-0. BZA-3698.02, 3615 Dunckel, has been approved. B. BZA-3699.02, 5751 S. Cedar St. Susan Stachowiak presented the case. This is a request by Troup Electronics, Inc. for a variance to permit 6 wall signs totaling 153.35 square feet at 5751 S. Cedar Street. Section 1442.13 of the City BOARD OF ZONING APPEALS MEETING MINUTES MAY 9, 2002 PAGE 3 of Lansing Sign Code allows a maximum of two wall signs with a combined area of 150 square feet for the subject building. Therefore, variances of 3.35 square feet to the sign area limit and 4 to the allowable quantity of signs are being requested. Ms. Susan Hughes, applicant, spoke in favor of her request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. G.Swix moved to table BZA-3699.02,a variance request for 3.35 square feet to the sign area limit and 4 to the allowable quantity of signs. Seconded by F. Lain. VOTE YEA NAY Frederick X Hilts X Horne X Lain X Swix X McGrain X Burgess X Motion carried by a vote of 6-1. BZA-3699.02, 5751 S. Cedar St. has been tabled. D. BZA-3700.02, 5012 Starr Ave. Susan Stachowiak presented the case. This is a request by Tammi Sue Wilson to construct a 1,008 (28' x 36') square foot attached garage at 5012 Starr Ave. in the "A" Residential zoning district. Section 1248.03(b)(5) of the Zoning Code states that the maximum floor area of a private garage located on a lot equal to or greater than 5,000 sq. ft. in size shall not exceed 720 sq. ft. Therefore, a variance of 288 square feet is requested. Ms. Stachowiak stated that staff is recommending approval of a 1,000 square foot garage, rather than 1,008 as requested by the applicant. She stated that under the proposed Zoning Ordinance amendments, 1,000 square feet would be permitted for the subject property. Mr. Frederick stated that since the new ordinance amendment would allow for 1,000 square feet,this is a reasonable request. Mr. McGrain stated that the width of the garage would only have to be reduced approximately 3 inches in order to reduce the overall size to 1,000 square feet. Mark Gruell, 5012 Starr, spoke in favor of the request and stated that the garage could be reduced to 1,000 square feet. Tammi Wilson, 5012 Starr, spoke in favor of her request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. A. Frederick moved to table BZA 3700.02, 5012 Starr, pending receipt of a revised plan for a 1,000 square foot garage. Seconded by E. Horne. Unanimous voice vote to approve. Mr. Swix stated that instead of tabling the case, a variance for a 1,000 square foot garage could be approved. BOARD OF ZONING APPEALS MEETING MINUTES MAY 9, 2002 PAGE 4 A. Frederick moved to remove BZA 3700.02 from the table. Seconded by G. Hilts. Unanimous voice vote to approve. G. Hilts moved to approve BZA-3700.02,5012 Starr Ave.,a variance of 280 square feet. Seconded by F. Lain. VOTE YEA NAY Frederick X Hilts X Horne X Lain X Burgess X McGrain X Swix X Motion carried by a vote of 7-0. BZA-3700.02, 5012 Starr Ave. has been approved. E. BZA-3691.02, 310 N. Chestnut A.Frederick moved to take BZA 3691.02 off the table. Seconded by E. Horne. Unanimous voice vote to approve. Susan Stachowiak presented the case. She stated that the applicant, Christian Kindsvatter, has submitted a revised request for the proposed garage at 310 N. Chestnut. The applicants original request was to construct a 297 sq. ft. garage (17.5'x 19.2')that would be 6 inches from the side and rear lot lines. The revised request is for a 257.4'garage(17'2"x 15')that would be 2 feet from the side and rear property lines. She stated that staff is supportive of the revised request with the following conditions: 1. The garage be constructed of fire-rated material as required by the Building Code; 2. The garage be designed so that its scale and roof pitch have a minimal effect on the adjacent properties and historic character of the surrounding area; 3. The design be reviewed by the Planning Office for compatibility with the surrounding area, prior to approval of a Building permit; Mr. Christian Kindsvatter, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. A. Frederick moved to approve BZA-3691.02, 310 N. Chestnut Street,a variance of 3.7 feet from the side yard setback requirement and 23 feet from the rear yard setback requirement. Seconded by G. Hilts. VOTE YEA NAY Frederick X Hilts X Horne X Lain X Burgess X BOARD OF ZONING APPEALS MEETING MINUTES MAY 9, 2002 PAGE 5 VOTE YEA NAY McGrain X Swix X Motion carried by a vote of 7-0. BZA-3691.02, 310 N. Chestnut Street. has been approved. IV OLD BUSINESS A. BZA-3511.98, 901 N. Larch (no action) B. BZA-3553.99, 735 E. Michigan (no action) C. BZA-3554.99, 907 W. Saginaw (no action) D. Rules of Procedure (no action) V. PUBLIC COMMENT- none Vl. APPROVAL OF MINUTES A. Minutes of April 11, 2002 A. Frederick moved to approve the minutes with a correction to the spelling of"Zuchowski" on page 2. Seconded by G. Hilts. Unanimous voice vote to approve. Mr. McGrain abstained from voting. VII. NEW BUSINESS A. A. Frederick made a motion to grant J. Siebold an excused absence. Seconded by G. Hilts. Unanimous voice vote to approve. B. E. Horned distributed various handouts to the Board members. Vill. ADJOURNMENT AT 9:10 p.m. Respectfully submitted, Susan Stachowiak, Zoning Administrator Draft to Clerk 05/01/02 Approved 05/09/02 To Clerk 05/10/02 MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS APRIL 11, 2002, 7:30 P.M. CITY COUNCIL CHAMBERS, 10T" FLOOR CITY HALL ROLL CALL The meeting was called to order by B. Burgess at 7:30 p.m. Chairman Burgess read the BZA introduction. Roll call was taken. Present: A. Frederick B. Burgess G. Hilts E. Horne G. Swix F. Lain Absent: Staff: S. Stachowiak T. Masseau A. A quorum of at least four members was present, allowing voting action to be taken at the meeting. II APPROVAL OF AGENDA Unanimous voice vote to approve the agenda. 111. HEARINGS/ACTION A. BZA-3697.02, 303 S. MLK Blvd. Susan Stachowiak presented the case. This is a request by Sam Eyde Construction for a height variance to construct an office building at 303 S. M.L. King Jr. Blvd. Section 1260.09 of the Zoning Code permits a maximum height of 45 feet for structures in the"D-1"Professional Office District. The applicant desires to construct a six-story office building that would be 84 feet in height. Therefore, a variance of 39 feet is being requested. Ms.Stachowiak stated that the applicant has not demonstrated a practical difficulty and therefore, staff is recommending denial of the variance request. Mr. John Fifarek, representing the applicant, spoke in favor of this request. Mr. Nick McToyer, resides at 1009 W. Kalamazoo, spoke in opposition to this request. Mr. Louis Vinson, resides at 410 S. Butler, spoke in opposition to this request. Ms. Sasha Williams, resides at 416 S. Butler, spoke in opposition to this request. Mr. Fred Johnson, member of the CDC, spoke in favor of this request. Ms. Carol Skillings, resides on Huron St., spoke in opposition to this request. Mr. Almus Thorp, resides 423 N. Sycamore, spoke in favor of this request. Mr. Chuck Clark, Clark Construction, spoke in favor of this request. Rev. Thomas Patrick, spoke in favor of this request. Mr. Bill Schrager, Manager of Eyde Construction, spoke in favor of this request. BOARD OF ZONING APPEALS MEETING MINUTES April 11, 2002 PAGE 2 Ms. Pam Collins, resides at 210 S. Butler, spoke in opposition to this request. Ms. Corean Gray, resides at 226 S. Butler, spoke against this request. Ms. Gina Nelson, resides at 605 W. Shiawassee, spoke against this request. Ms. Susan Willett, resides at 522 S. Butler, spoke against this request. Mr. Ben Harmon, resides at 1000 W. Lenawee, spoke against this request. Ms. Monica Zuchowski, resides at 320 N. Walnut, spoke against this request. Mr. Leo Farhat, Jr., resides at 200 S. Butler, spoke in favor of this request. Mr. Ron Whitmore, resides at 416 S. Butler, spoke against this request. Ms. Diane Clark, resides in the Renaissance Zone, spoke in favor of this request. Ms. Carrie Wright, owns six houses on Allegan Street, spoke in favor of this request. Ms. Christine Harmon, resides in the neighborhood, spoke against this request. Mr. Dan Harding, works with Sam Eyde, spoke in favor of this request. Ms. Jennifer Gillespie, employed by Sam Eyde Co., spoke in favor of this request. Mr. Chad Hutchison, resides at 507 N. Pine, spoke against this request. Ms. Evelyn Williams, resides at 528 S. Butler, spoke against this request. Mr. Sam Eyde, resides at 2800 Ryan Circle, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. The Board members stated that the applicant has not demonstrated a hardship and/or practical difficulty that would warrant approval of this request. A.Frederick moved to deny BZA-3697.02,303 S.MLK Blvd.,a height variance of 39 feet. Seconded by G.Hilts. VOTE YEA NAY Frederick X Hilts X Horne X Lain X Swix X Burgess X Motion carried by a vote of 6-0. BZA-3697.02, 303 S. MLK Blvd., has been denied. BOARD OF ZONING APPEALS MEETING MINUTES April 11, 2002 PAGE 3 B. BZA-3691.02, 310 N. Chestnut Susan Stachowiak. This is a request by Christian Kindsvatter for side and rear yard setback variances to construct a new detached garage at 310 N. Chestnut Street. Section 1258.08 and 1258.09 of the Zoning Code requires a minimum side yard setback of 10% of the lot width which is 5.7 feet for the subject property and a 25 foot rear yard setback in the "DM-4" Residential District. The applicant desires to construct a 297 sq. ft. garage (16.5'x 18')that would be 6 inches from the side and rear lot lines. Therefore, variances of 5.1 feet and 24.5 feet are being requested. Staff recommended approval of the request with the following conditions: 1. The garage be constructed of fire-rated material as required by the Building Code; 2. The width of the garage be reduced as much as possible to lessen the impact on adjacent properties; 3. The garage be designed so that its scale and roof pitch have a minimal effect on the adjacent properties and historic character of the surrounding area; 4. The design be reviewed by the Planning Office for compatibility with the surrounding area, prior to approval of a Building permit; 5. The applicant extends the proposed rear yard fence up to the NE corner of the garage and not behind the garage; and 6. The applicant obtain an easement from adjacent property owners to the east and south in order to maintain the proposed garage. Mr. Christian Kindsvatter, applicant, spoke in favor of his request. Mr. Kindsvatter stated that he does not want to request an easement from his neighbors, as recommended by staff. Ms. Ann Miller, resides at 5046 W. Michigan, spoke in opposition to this request. Mr. Frank Butterfield, representing Sharon Kellogg of 418-420 W. Ionia, spoke in opposition to this request. Mrs. Lori Kindsvatter, applicant, spoke in favor of her request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. General discussion ensued regarding the size of the garage and it's close proximity to the property lines. The Board members stated that the applicant needs to have enough room to access the side and rear of the garage and therefore, in lieu of an easement, the garage will have to be scaled down to provide at least two feet of space on the side and rear of the garage. E. Horned moved to table BZA-3691.02, 310 N. Chestnut,to give the applicant an opportunity to provide an alternate proposal that shows at least 2 feet of space along the side and rear of the garage. Seconded by A. Frederick. VOTE YEA NAY Hilts X Frederick X Horne X Lain X Swix X Burgess X Motion carried by a vote of 6-0. BZA-3691.02, 310 N. Chestnut, has been tabled. BOARD OF ZONING APPEALS MEETING MINUTES APRIL 11, 2002 PAGE 4 A. BZA-3692.02, 3135 S. MILK Susan Stachowiak presented the case. This is a request by City Sign Erectors, on behalf of McDonald's restaurant at 3135 S. M.L. King,to remove the 24 square foot message board sign on the existing ground pole sign and replace it with an 18.24 square foot sign in the same location. The existing sign including the message board is approximately 224 square feet in area, 36 feet in height and has an 11 foot setback. Section 1442.12(5)(B) of the City Sign Code permits a maximum height of 30 feet maximum square footage of 170 feet and a minimum setback of 30 feet for ground pole signs of these dimensions in the "F" Commercial District. Therefore, this is a variance request for a 48.24 square feet of sign area from the maximum permitted 170 feet, 6 feet from the maximum permitted height of 30 feet and for a setback variance of 19 feet from the minimum required 30 foot setback. Ms. Stachowiak stated that the practical difficulty in this case is the layout of the existing site. Staff recommended approval of the variance request. Mr. Paul Kovalak, representing the applicant, City Sign Erectors, 2824 3 Mile, Grand Rapids, MI 49544, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Frederick stated that there is a demonstrated practical difficulty in this case, and that the sign is being brought further into compliance with the ordinance. E. Horne moved to approve BZA-3692.02, a variance request for 48.24 square feet to the sign area from the maximum permitted 170 feet, 6 feet from the maximum permitted height of 30 feet and for a setback variance of 19 feet from the minimum required 30 foot setback. Seconded by G. Hilts. VOTE YEA NAY Frederick X Hilts X Horne X Lain X Swix X Burgess X Motion carried by a vote of 6-0. BZA-3692.02, 3135 S. MILK has been approved. D. BZA-3694.02, 2120 N. Larch Susan Stachowiak presented the case. This is a request by City Sign Erectors, on behalf of McDonald's Restaurant at 2120 N. Larch Street,to remove the 24 square foot message board sign on the existing ground pole sign and replace it with an 18.24 square foot sign in the same location. The existing sign including the message board is approximately 224 square feet in area, 34 feet in height and has a 6 foot setback from the front property line. Section 1442.12(5)(B) of the City Sign Code permits a maximum height of 30 feet, maximum square footage of 170 feet and a minimum setback of 30 feet for ground pole signs of these dimensions in the "F" Commercial Mistrict. Therefore, this is a variance request for 48.24 square feet of sign area from the maximum permitted 170 feet, 4 feet from the maximum permitted height of 30 feet and for a setback variance of 24 feet from the minimum required 30 foot setback. Ms. Stachowiak stated that the practical difficulty in this case is the layout of the existing site. Staff recommended approval of the variance request. BOARD OF ZONING APPEALS MEETING MINUTES APRIL 11, 2002 PAGE 5 Mr. Paul Kovalak, representing the applicant, City Sign Erectors, 2824 3 Mile, Grand Rapids, MI 49544, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Frederick stated that there is a demonstrated practical difficulty in this case, and that the sign is being brought further into compliance with the ordinance. F. Lain moved to approve BZA-3694.02, 2120 N. Larch, a variance for 48.24 square feet of sign area from the maximum permitted 170 feet,4 feet from the maximum permitted height of 30 feet and for a setback variance of 24 feet from the minimum required 30 foot setback. Seconded by A. Frederick. VOTE YEA NAY Frederick X Hilts X Horne X Lain X Burgess X Swix X Motion carried by a vote of 6-0. BZA-3694.01, 2120 N. Larch has been approved. E. BZA-3695.02, 909 W. Holmes Rd. Susan Stachowiak presented the case. This is a request by Bill Nardini representing Family Dollar Stores, Inc. for variances from the front yard setback and parking requirement to construct a new Family Dollar Store at 909 W. Holmes Road. Section 1268.06 of the Zoning Code requires a 20 foot front yard setback in the"F"Commercial District. Section 1284.13 requires 48 parking spaces for the proposed building. The proposed building would have a 13 foot front yard setback and 43 parking spaces. Therefore, variances of 7 feet from the required front yard setback and 5 parking spaces are being requested. Ms. Stachowiak stated that it is the size of the building that the applicant intends to build and the proposed layout of the site that is creating the need for variances. She stated that the building could either be scaled down, or the site could be redesigned to comply with the Zoning Ordinance requirements for setback and parking. Ms. Stachowiak stated that staff is recommending denial of this request for lack of a practical difficulty. Mr. Bill Nardini, applicant, spoke in favor of his request. Mr. Mike Yono, owner of the adjoining property, spoke in opposition to the request. Mr. Richard Williams, owner of the property, spoke in favor of the request. Ms. Lisa Loesel, realtor for Family Dollar, spoke in favor of the request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. General discussion ensued regarding the setback and parking spaces. BOARD OF ZONING APPEALS MEETING MINUTES APRIL11, 2002 PAGE 6 Mr. Frederick asked the applicant and the owner of the property if they intend to remove the billboard. Mr. Williams replied "no". The Board members stated that the difficulty or hardship in this case appears to be self-created by the size of the building and proposed design. E. Horne moved to deny BZA-3695.02, 909 W. Holmes Rd.,for a variance of 7 feet from the required front yard setback and 5 parking spaces. Seconded by A. Frederick. VOTE YEA NAY Frederick X Hilts X Horne X Lain X Swix X Burgess I X Motion carried by a vote of 6-0. BZA-3695.02, 909 W. Holmes Rd., has been denied. F. BZA-3696 02 340 E. Edgewood Blvd. Susan Stachowiak presented the case. This is a request by APD Engineering to seek a variance to construct signs which do not comply with Sigh Code, with respect to size and number of signs. Section 1442.13 of the Sign Code allows up to 200 square feet of wall signage for commercial structures having more than 100 feet of building frontage. It also limits the number of wall signs to 2. The applicant desires to erect 3 wall signs having a combined area of 807 square feet. Variances of 607 square feet to the signage area limit and 1 to the allowable quantity of signs are, therefore, being requested. Staff recommended denial of the original request for lack of a demonstrated hardship or practical difficulty and recommended approval of a 254 square foot variance to Section 1442.13 (i) of the Sign Code to allow two wall signs with a combined area of 454 square feet. Mr. Mark Tuttle, of APD Engineering, representing Sam's Club, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. General discussion ensued regarding the signs. The Board members stated that there is a practical difficulty, given the size and location of the building, however, the proposed sign at the end of the building would not serve any purpose. G.Swix moved to approve BZA-3696.02,340 E.Edgewood Blvd.,a variance of 254 square feet to the sign area limit. Seconded by A. Frederick. VOTE YEA NAY Frederick X Hilts X BOARD OF ZONING APPEALS MEETING MINUTES APRIL 11, 2002 PAGE 7 VOTE YEA NAY Horne X Lain X Swix X Burgess X Motion carried by a vote of 6-0. BZA-3696.02, 340 E. Edgewood Blvd. has been approved. IV OLD BUSINESS A. BZA-3511.98, 901 N. Larch (no action) B. BZA-3553.99, 735 E. Michigan (no action) C. BZA-3554.99, 907 W. Saginaw (no action) D. Rules of Procedure (no action) V. PUBLIC COMMENT- none VI. APPROVAL OF MINUTES A. Minutes of March 14, 2002 written. Seconded by G. Swix. Unanimous voice G. Hilts moved to approve the minutes as vote to approve. VII. NEW BUSINESS Vill. ADJOURNMENT AT 11:15 p.m. Respectfully submitted, ` Susan Stachowiak, Zoning Administrator Draft to Clerk 05/01/02 Approved To Clerk MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS APRIL 11, 2002, 7:30 P.M. CITY COUNCIL CHAMBERS, 10T" FLOOR CITY HALL ROLL CALL The meeting was called to order by B. Burgess at 7:30 p.m. Chairman Burgess read the BZA introduction. Roll call was taken. Present: A. Frederick B. Burgess G. Hilts E. Horne G. Swix F. Lain Absent: Staff: S. Stachowiak T. Masseau A. A quorum of at least four members was present, allowing voting action to be taken at the meeting. II APPROVAL OF AGENDA Unanimous voice vote to approve the agenda. III. HEARINGS/ACTION A. BZA-3697.02, 303 S. MILK Blvd. Susan Stachowiak presented the case. This is a request by Sam Eyde Construction for a height variance to construct an office building at 303 S. M.L. King Jr. Blvd. Section 1260.09 of the Zoning Code permits a maximum height of 45 feet for structures in the"D-1"Professional Office District. The applicant desires to construct a six-story office building that would be 84 feet in height. Therefore, a variance of 39 feet is being requested. Ms.Stachowiak stated that the applicant has not demonstrated a practical difficulty and therefore, staff is recommending denial of the variance request. Mr. John Fifarek, representing the applicant, spoke in favor of this request. Mr. Nick McToyer, resides at 1009 W. Kalamazoo, spoke in opposition to this request. Mr. Louis Vinson, resides at 410 S. Butler, spoke in opposition to this request. Ms. Sasha Williams, resides at 416 S. Butler, spoke in opposition to this request. Mr. Fred Johnson, member of the CDC, spoke in favor of this request. Ms. Carol Skillings, resides on Huron St., spoke in opposition to this request. Mr. Almus Thorp, resides 423 N. Sycamore, spoke in favor of this request. Mr. Chuck Clark, Clark Construction, spoke in favor of this request. Rev. Thomas Patrick, spoke in favor of this request. Mr. Bill Schrager, Manager of Eyde Construction, spoke in favor of this request. BOARD OF ZONING APPEALS MEETING MINUTES April 11, 2002 PAGE 2 Ms. Pam Collins, resides at 210 S. Butler, spoke in opposition to this request. Ms. Corean Gray, resides at 226 S. Butler, spoke against this request. Ms. Gina Nelson, resides at 605 W. Shiawassee, spoke against this request. Ms. Susan Willett, resides at 522 S. Butler, spoke against this request. Mr. Ben Harmon, resides at 1000 W. Lenawee, spoke against this request. Ms. Monica Zuchosky, resides at 320 N. Walnut, spoke against this request. Mr. Leo Farhat, Jr., resides at 200 S. Butler, spoke in favor of this request. Mr. Ron Whitmore, resides at 416 S. Butler, spoke against this request. Ms. Diane Clark, resides in the Renaissance Zone, spoke in favor of this request. Ms. Carrie Wright, owns six houses on Allegan Street, spoke in favor of this request. Ms. Christine Harmon, resides in the neighborhood, spoke against this request. Mr. Dan Harding, works with Sam Eyde, spoke in favor of this request. Ms. Jennifer Gillespie, employed by Sam Eyde Co., spoke in favor of this request. Mr. Chad Hutchison, resides at 507 N. Pine, spoke against this request. Ms. Evelyn Williams, resides at 528 S. Butler, spoke against this request. Mr. Sam Eyde, resides at 2800 Ryan Circle, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. The Board members stated that the applicant has not demonstrated a hardship and/or practical difficulty that would warrant approval of this request. A.Frederick moved to deny BZA-3697.02,303 S.MLK Blvd.,a height variance of 39 feet. Seconded by G.Hilts. VOTE YEA NAY Frederick X Hilts X Horne X Lain X Swix X Burgess X Motion carried by a vote of 6-0. BZA-3697.02, 303 S. MLK Blvd., has been denied. BOARD OF ZONING APPEALS MEETING MINUTES April 11, 2002 PAGE 3 B. BZA-3691.02, 310 N. Chestnut Susan Stachowiak. This is a request by Christian Kindsvatter for side and rear yard setback variances to construct a new detached garage at 310 N. Chestnut Street. Section 1258.08 and 1258.09 of the Zoning Code requires a minimum side yard setback of 10% of the lot width which is 5.7 feet for the subject property and a 25 foot rear yard setback in the "DM-4" Residential District. The applicant desires to construct a 297 sq.ft. garage (16.5'x 18')that would be 6 inches from the side and rear lot lines. Therefore, variances of 5.1 feet and 24.5 feet are being requested. Staff recommended approval of the request with the following conditions: 1. The garage be constructed of fire-rated material as required by the Building Code; 2. The width of the garage be reduced as much as possible to lessen the impact on adjacent properties; 3. The garage be designed so that its scale and roof pitch have a minimal effect on the adjacent properties and historic character of the surrounding area; 4. The design be reviewed by the Planning Office for compatibility with the surrounding area, prior to approval of a Building permit; 5. The applicant extends the proposed rear yard fence up to the NE corner of the garage and not behind the garage; and 6. The applicant obtain an easement from adjacent property owners to the east and south in order to maintain the proposed garage. Mr. Christian Kindsvatter, applicant, spoke in favor of his request. Mr. Kindsvatter stated that he does not want to request an easement from his neighbors, as recommended by staff. Ms. Ann Miller, resides at 5046 W. Michigan, spoke in opposition to this request. Mr. Frank Butterfield, representing Sharon Kellogg of 418-420 W. Ionia, spoke in opposition to this request. Mrs. Lori Kindsvatter, applicant, spoke in favor of her request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. General discussion ensued regarding the size of the garage and it's close proximity to the property lines. The Board members stated that the applicant needs to have enough room to access the side and rear of the garage and therefore, in lieu of an easement, the garage will have to be scaled down to provide at least two feet of space on the side and rear of the garage. E. Horned moved to table BZA-3691.02, 310 N. Chestnut, to give the applicant an opportunity to provide an alternate proposal that shows at least 2 feet of space along the side and rear of the garage. Seconded by A. Frederick. VOTE YEA NAY Hilts X Frederick X Horne X Lain X Swix X Burgess X Motion carried by a vote of 6-0. BZA-3691.02, 310 N. Chestnut, has been tabled. BOARD OF ZONING APPEALS MEETING MINUTES APRIL 11, 2002 PAGE 4 A. BZA-3692.02, 3135 S. MILK Susan Stachowiak presented the case. This is a request by City Sign Erectors, on behalf of McDonald's restaurant at 3135 S. M.L. King,to remove the 24 square foot message board sign on the existing ground pole sign and replace it with an 18.24 square foot sign in the same location. The existing sign including the message board is approximately 224 square feet in area, 36 feet in height and has an 11 foot setback. Section 1442.12(5)(B) of the City Sign Code permits a maximum height of 30 feet maximum square footage of 170 feet and a minimum setback of 30 feet for ground pole signs of these dimensions in the "F" Commercial District. Therefore, this is a variance request for a 48.24 square feet of sign area from the maximum permitted 170 feet, 6 feet from the maximum permitted height of 30 feet and for a setback variance of 19 feet from the minimum required 30 foot setback. Ms. Stachowiak stated that the practical difficulty in this case isthe layout of the existing site. Staff recommended approval of the variance request. Mr. Paul Kovalak, representing the applicant, City Sign Erectors, 2824 3 Mile, Grand Rapids, MI 49544, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Frederick stated that there is a demonstrated practical difficulty in this case, and that the sign is being brought further into compliance with the ordinance. E. Horne moved to approve BZA-3692.02, a variance request for 48.24 square feet to the sign area from the maximum permitted 170 feet, 6 feet from the maximum permitted height of 30 feet and for a setback variance of 19 feet from the minimum required 30 foot setback. Seconded by G. Hilts. VOTE YEA NAY Frederick X Hilts X Horne X Lain X Swix X Burgess X Motion carried by a vote of 6-0. BZA-3692.02, 3135 S. MLK has been approved. D. BZA-3694.02, 2120 N. Larch Susan Stachowiak presented the case. This is a request by City Sign Erectors, on behalf of McDonald's Restaurant at 2120 N. Larch Street,to remove the 24 square foot message board sign on the existing ground pole sign and replace it with an 18.24 square foot sign in the same location. The existing sign including the message board is approximately 224 square feet in area, 34 feet in height and has a 6 foot setback from the front property line. Section 1442.12(5)(B) of the City Sign Code permits a maximum height of 30 feet, maximum square footage of 170 feet and a minimum setback of 30 feet for ground pole signs of these dimensions in the "F" Commercial Mistrict. Therefore, this is a variance request for 48.24 square feet of sign area from the maximum permitted 170 feet, 4 feet from the maximum permitted height of 30 feet and fora setback variance of 24 feet from the minimum required 30 foot setback. Ms. Stachowiak stated that the practical difficulty in this case is the layout of the existing site. Staff recommended approval of the variance request. BOARD OF ZONING APPEALS MEETING MINUTES APRIL 11, 2002 PAGE 5 Mr. Paul Kovalak, representing the applicant, City Sign Erectors, 2824 3 Mile, Grand Rapids, MI 49544, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Frederick stated that there is a demonstrated practical difficulty in this case, and that the sign is being brought further into compliance with the ordinance. F. Lain moved to approve BZA-3694.02, 2120 N. Larch, a variance for 48.24 square feet of sign area from the maximum permitted 170 feet,4 feet from the maximum permitted height of 30 feet and for a setback variance of 24 feet from the minimum required 30 foot setback. Seconded by A. Frederick. VOTE YEA NAY Frederick X Hilts X Horne X Lain X Burgess X Swix X Motion carried by a vote of 6-0. BZA-3694.01, 2120 N. Larch has been approved. E. BZA-3695.02, 909 W. Holmes Rd. Susan Stachowiak presented the case. This is a request by Bill Nardini representing Family Dollar Stores, Inc. for variances from the front yard setback and parking requirement to construct a new Family Dollar Store at 909 W. Holmes Road. Section 1268.06 of the Zoning Code requires a 20 foot front yard setback in the"F"Commercial District. Section 1284.13 requires 48 parking spaces for the proposed building. The proposed building would have a 13 foot front yard setback and 43 parking spaces. Therefore, variances of 7 feet from the required front yard setback and 5 parking spaces are being requested. Ms. Stachowiak stated that it is the size of the building that the applicant intends to build and the proposed layout of the site that is creating the need for variances. She stated that the building could either be scaled down, or the site could be redesigned to comply with the Zoning Ordinance requirements for setback and parking. Ms. Stachowiak stated that staff is recommending denial of this request for lack of a practical difficulty. Mr. Bill Nardini, applicant, spoke in favor of his request. Mr. Mike Yono, owner of the adjoining property, spoke in opposition to the request. Mr. Richard Williams, owner of the property, spoke in favor of the request. Ms. Lisa Loesel, realtor for Family Dollar, spoke in favor of the request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. General discussion ensued regarding the setback and parking spaces. BOARD OF ZONING APPEALS MEETING MINUTES APRIL11, 2002 PAGE 6 Mr. Frederick asked the applicant and the owner of the property if they intend to remove the billboard. Mr. Williams replied "no". The Board members stated that the difficulty or hardship in this case appears to be self-created by the size of the building and proposed design. E. Horne moved to deny BZA-3695.02, 909 W. Holmes Rd.,for a variance of 7 feet from the required front yard setback and 5 parking spaces. Seconded by A. Frederick. VOTE YEA NAY Frederick X Hilts X Horne X Lain X Swix X Burgess X Motion carried by a vote of 6-0. BZA-3695.02, 909 W. Holmes Rd., has been denied. F. BZA-3696.02, 340 E. Edgewood Blvd. Susan Stachowiak presented the case. This is a request by APD Engineering to seek a variance to construct signs which do not comply with Sigh Code, with respect to size and number of signs. Section 1442.13 of the Sign Code allows up to 200 square feet of wall signage for commercial structures having more than 100 feet of building frontage. It also limits the number of wall signs to 2. The applicant desires to erect 3 wall signs having a combined area of 807 square feet. Variances of 607 square feet to the signage area limit and 1 to the allowable quantity of signs are, therefore, being requested. Staff recommended denial of the original request for lack of a demonstrated hardship or practical difficulty and recommended approval of a 254 square foot variance to Section 1442.13 (i) of the Sign Code to allow two wall signs with a combined area of 454 square feet. Mr. Mark Tuttle, of APD Engineering, representing Sam's Club, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. General discussion ensued regarding the signs. The Board members stated that there is a practical difficulty, given the size and location of the building, however, the proposed sign at the end of the building would not serve any purpose. G.Swix moved to approve BZA-3696.02,340 E.Edgewood Blvd.,a variance of 254 square feet to the sign area limit. Seconded by A. Frederick. VOTE YEA NAY Frederick X Hilts X BOARD OF ZONING APPEALS MEETING MINUTES APRIL 11, 2002 PAGE 7 VOTE YEA NAY Horne X Lain X Swix X Burgess X Motion carried by a vote of 6-0. BZA-3696.02, 340 E. Edgewood Blvd. has been approved. IV OLD BUSINESS A. BZA-3511.98, 901 N. Larch (no action) B. BZA-3553.99, 735 E. Michigan (no action) C. BZA-3554.99, 907 W. Saginaw (no action) D. Rules of Procedure (no action) V. PUBLIC COMMENT- none VI. APPROVAL OF MINUTES A. Minutes of March 14, 2002 G. Hilts moved to approve the minutes as written. Seconded by G. Swix. Unanimous voice vote to approve. VII. NEW BUSINESS Vill. ADJOURNMENT AT 11:15 p.m. Respectfully submitted, Susan Stachowiak, Zoning Administrator Draft to Clerk 03/25/02 Approved 04/11/02 To Clerk 04/16/02 MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS MARCH 14, 2002, 7:30 P.M. CITY COUNCIL CHAMBERS, 10T" FLOOR CITY HALL ROLL CALL The meeting was called to order by B. Burgess at 7:30 p.m. Chairman Burgess read the BZA introduction. Roll call was taken. Present: A. Frederick B. Burgess G. Hilts G. Swix F. Lain Absent: E. Horne Staff: S. Stachowiak T. Masseau A. A quorum of at least four members was present, allowing voting action to be taken at the meeting. II APPROVAL OF AGENDA Unanimous voice vote to approve the agenda. III. HEARINGS/ACTION A. BZA-3682.02, 501 S. Capitol Ave. (Withdrawn) Susan Stachowiak stated that the applicant has provided a letter withdrawing this request. A. Frederick moved to accept the withdrawal of BZA-3682.02, 501 S. Capitol Ave. Seconded by G. Hilts. VOTE YEA NAY Hilts X Frederick X Lain X Swix X Burgess X Motion carried by a vote of 5-0. BZA-3682.02, 501 S. Capitol Ave., has been withdrawn. B. BZA-3685.02, 5103 S. Cedar Susan Stachowiak presented the case. This is a request by Mike Rutherford for a variance to construct signs which exceed the maximum area requirement and allowable numberof signs permitted by the Sign Code. Section 1442.13 of the Sign Code allows up to 200 square feet of wall signage for commercial structures having more than 100 feet of building frontage. It also limits the number of wall signs to 4 on a corner lot. The applicant desires to erect 5 wall signs having a combined area of 345 square feet. Variances of 145 square feet to the signage area limit and 1 to the allowable quantity of signs are,therefore, being requested. Ms. Stachowiak stated that staff is recommending denial of this BOARD OF ZONING APPEALS MEE i iNG MINUTES MARCH 14, 2002 PAGE 2 request,unlessthe applicant can demonstrate to the Board's satisfaction that the request is sufficiently unique from other variance requests to the size restrictions. Mr. Gary Rutherford, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. The Board members stated that the variances would result in creating a nonconforming situation in terms of increasing the square footage of the signs. A. Frederick moved to deny BZA-3685.02, a variance request for 145 square feet to the sign area limit and 1 to the allowable quantity of signs. Seconded by G. Hilts. VOTE YEA NAY Frederick X Hilts X Lain X Swix X Burgess X Motion carried by a vote of 5-0. BZA-3685.02, 5103 S. Cedar has been denied. C. BZA-3686.02, 2212 Grant St. Susan Stachowiak presented the case. This is a request by Michael Ezzo and Wendy Mackey for a variance from the rear yard setback requirement to construct an addition to their house at 2212 Grant St., lot 10 of Pacific Parkway Subdivision. Section 1248.09 of the Zoning Code requires the structure to be setback no less than 30 feet from the rear property line. The applicant desires to construct an addition that would be 25 feet from the rear lot line. A variance of 5 feet is,therefore, being requested. Ms. Stachowiak stated that staff is recommending approval of this variance request. Mr. Michael Ezzo, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. There was general discussion regarding the need for an 18'x 18' addition. G. Swix moved to approve BZA-3686.02, 2212 Grant St., a rear yard setback variance of 5 square feet. Seconded by G. Hilts. VOTE YEA NAY Frederick X Hilts X Lain X Burgess X Swix X Motion carried by a vote of 5-0. BZA-3686.01, 2212 Grant St. has been approved. BOARD OF ZONING APPEALS MEE i iNG MINUTES MARCH 14, 2002 PAGE 3 4. BZA-3687.02, 2516 E. Kalamazoo St. Susan Stachowiak presented the case. This is a request by Randall Automotive, Inc., for a sign variance at 2516 E. Kalamazoo. The applicant is proposing to erect a 56 foot square ground pole sign, 22' in height and 5' from the front property lines. Section 1442.12(c) of the Sign Code requires a setback of 22'for a 22' high ground pole sign. In addition, Section 1442.12(c) of the Sign Ordinance permits a maximum of 25 feet square for a sign with a 5'setback. Therefore, variances of 17'for the height and setback and 31 square feet of sign area are requested. Ms. Stachowiak stated that staff is recommending approval of this variance request for a ground pole sign at 2516 E. Kalamazoo,with the condition that the existing ground pole sign be removed. Mr. Tom Burchman, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Frederick stated that if the sign were to be placed at the required 22 foot setback, it would obstruct access and circulation in the parking area. A. Frederick moved to approve BZA-3687.02, 2516 E. Kalamazoo St., for a variance of 17' for the height and setback and 31 square feet of sign area. Seconded by G. Swix. VOTE YEA NAY Frederick X Hilts X Lain X Swix X Burgess X Motion carried by a vote of 5-0. BZA-3687.02, 2516 E. Kalamazoo St., has been approved. 5. BZA-3688.02, 1240 Parkdale Susan Stachowiak presented the case. This is a request by Claude Young,Jr.for a side yard setback variance at 1240 Parkdale. The applicant is requesting a variance to construct a 297 square foot addition to the existing garage and a second story addition to the house that would have a 1.5 foot setback form the side property line. Section 1248.08 of the Zoning Ordinance requires a minimum side yard setback of 6 feet in the "A" Residential Zoning district. Therefore, a side yard setback variance of 4.5 feet is requested. Ms. Stachowiak stated that staff is recommending approval of this variance request. Mr. John Grant, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. The Board members discussed why the construction of this garage/addition was almost entirely finished before it was found that there was a problem with the setback. G. Hilts moved to approve BZA-3688.02, 1240 Parkdale, a 4.5 foot side yard setback variance. Seconded by G. Swix. VOTE YEA NAY Frederick X Hilts X BOARD OF ZONING APPEALS MEETING MINUTES MARCH 14, 2002 PAGE 4 VOTE YEA NAY Lain X Swix X Burgess X Motion carried by a vote of 5-0. BZA-3688.02, 1240 Parkdale has been approved. 6. BZA-3689.02, 501 W. Sheridan Rd. Susan Stachowiak presented the case. This is a request by Carl and Deborah Straub, for a variance from the requirements of section 1286 of the Zoning Code which limits a property to one driveway and prohibits parking in the front yard. The applicants are proposing to convert the existing attached garage to living space and keep the existing driveway in front of the house. The applicants are also proposing to construct a second driveway in their side yard. This is,therefore, a request for a variance to allow front yard parking and to have a second driveway to the west of the house (in the side yard) giving access to the existing storage shed in the rear yard. Mr. Carl Straub, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. A. Frederick moved to approve BZA-3689.02 ,501 W.Sheridan Rd.,a variance to allow front yard parking and to have a second driveway to the west of the house (in the side yard) giving access to the existing storage shed, with the following conditions: 1. The portion of the second driveway, within the front yard be hard surfaced with Portland cement or bituminous asphalt; 2. The portion of the second drive not exceed 12 feet in width in the front yard area; 3. The remainder of the second driveway that is not within the front yard be a gravel surface with a 4 foot minimum concrete walk on both sides of the gravel surface; 4. The BZA number and approval date of the variance be engraved in the concrete. Seconded by G. Hilts. VOTE YEA NAY Frederick X Hilts X Lain X Swix X Burgess X Motion carried by a vote of 5-0. BZA-3689.02, 501 W. Sheridan Rd. has been approved with conditions. 5. BZA-3690.02, 1024 Lake Lansing Rd. This is a request by Balwinder Singh for a variance from the requirements of Section 1442.13a of the Sign Code which prohibits wall signs in the"B"Residential zoning district. The applicant is proposing to install a lighted awning that would include a 78 sq. ft. sign. This is, therefore, a request for a variance to allow a 78 sq. ft. sign on an awning in the "B" Residential District at 1024 Lake Lansing Road. Ms. Stachowiak stated that staff is recommending approval of this request,with the conditions BOARD OF ZONING APPEALS MEETING MINUTES MARCH 14, 2002 PAGE 5 as outlined in the staff report. Ms. Susee Harkins, applicant, spoke in favor of her request. Mr. Frank Carmella, former owner, spoke in favor of this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. A. Frederick moved to approve BZA-3690.02, 1024 Lake Lansing Rd.,a variance to allow a 78 sq.ft sign on an awning in the "B" Residential District with the following conditions: 1. The maximum amount of wall signage on the proposed awning not exceed 50 square feet. 2. All other signs be removed which includes the existing ground pole sign at the west corner of the building and any product signs outside the building. 3. The sign cannot project over the road right-of-way. 4. The lighting is limited to 2 16' lamps under the awning with maximum 800 milliamps. 5. The light on the building be removed. Seconded by G. Hilts. VOTE YEA NAY Frederick X Hilts X Lain X Swix X Burgess X Motion carried by a vote of 5-0. BZA-3690.02, 1024 Lake Lansing Rd. has been approved with conditions. IV OLD BUSINESS A. BZA-3511.98, 901 N. Larch (no action) B. BZA-3553.99, 735 E. Michigan (no action) C. BZA-3554.99, 907 W. Saginaw(no action) D. Rules of Procedure (no action) V. PUBLIC COMMENT- none VI. APPROVAL OF MINUTES A. Minutes of February 14, 2002 G. Hilts moved to approve the minutes as written. Seconded by G. Swix. Unanimous voice vote to approve. VII. NEW BUSINESS A. A. Frederick moved to give E. Horne an excused absence. Seconded by G. Hilts. Unanimous voice vote to approve. BOARD OF ZONING APPEALS MEETING MINUTES MARCH 14, 2002 PAGE 6 Vill. ADJOURNMENT AT 9:00 p.m. Respectfully submitted, Susan Stachowiak, Zoning Administrator Draft to Clerk 03/25/02 Approved To Clerk MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS MARCH 14, 2002, 7:30 P.M. CITY COUNCIL CHAMBERS, 10T" FLOOR CITY HALL ROLL CALL The meeting was called to order by B. Burgess at 7:30 p.m. Chairman Burgess read the BZA introduction. Roll call was taken. Present: A. Frederick B. Burgess G. Hilts G. Swix F. Lain Absent: E. Horne Staff: S. Stachowiak T. Masseau A. A quorum of at least four members was present, allowing voting action to be taken at the meeting. II APPROVAL OF AGENDA Unanimous voice vote to approve the agenda. III. HEARINGS/ACTION A. BZA-3682.02, 501 S. Capitol Ave. (Withdrawn) Susan Stachowiak stated that the applicant has provided a letter withdrawing this request. A. Frederick moved to accept the withdrawal of BZA-3682.02, 501 S. Capitol Ave. Seconded by G. Hilts. VOTE YEA NAY Hilts X Frederick X Lain X Swix X Burgess X Motion carried by a vote of 5-0. BZA-3682.02, 501 S. Capitol Ave., has been withdrawn. B. BZA-3685.02, 5103 S. Cedar Susan Stachowiak presented the case. This is a request by Mike Rutherford for a variance to construct signs which exceed the maximum area requirement and allowable number of signs permitted by the Sign Code. Section 1442.13 of the Sign Code allows up to 200 square feet of wall signage for commercial structures having more than 100 feet of building frontage. It also limits the number of wall signs to 4 on a corner lot. The applicant desires to erect 5 wall signs having a combined area of 345 square feet. Variances of 145 square feet to the signage area limit and 1 to the allowable quantity of signs are,therefore, being requested. Ms. Stachowiak stated that staff is recommending denial of this BOARD OF ZONING APPEALS MEET ING MINUTES MARCH 14, 2002 PAGE 2 request,unless the applicant can demonstrate to the Board's satisfaction that the request is sufficiently unique from other variance requests to the size restrictions. Mr. Gary Rutherford, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. The Board members stated that the variances would result in creating a nonconforming situation in terms of increasing the square footage of the signs. A. Frederick moved to deny BZA-3685.02, a variance request for 145 square feet to the sign area limit and 1 to the allowable quantity of signs. Seconded by G. Hilts. VOTE YEA NAY Frederick X Hilts X Lain X Swix X Burgess X Motion carried by a vote of 5-0. BZA-3685.02, 5103 S. Cedar has been denied. C. BZA-3686.02, 2212 Grant St. Susan Stachowiak presented the case. This is a request by Michael Ezzo and Wendy Mackey for a variance from the rear yard setback requirement to construct an addition to their house at 2212 Grant St., lot 10 of Pacific Parkway Subdivision. Section 1248.09 of the Zoning Code requires the structure to be setback no less than 30 feet from the rear property line. The applicant desires to construct an addition that would be 25 feet from the rear lot line. A variance of 5 feet is,therefore, being requested. Ms. Stachowiak stated that staff is recommending approval of this variance request. Mr. Michael Ezzo, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. There was general discussion regarding the need for an 18'x 18' addition. G. Swix moved to approve BZA-3686.02, 2212 Grant St., a rear yard setback variance of 5 square feet. Seconded by G. Hilts. VOTE YEA NAY Frederick X Hilts X Lain X Burgess X Swix X Motion carried by a vote of 5-0. BZA-3686.01, 2212 Grant St. has been approved. BOARD OF ZONING APPEALS MEE'I ING MINUTES MARCH 14, 2002 PAGE 3 4. BZA-3687.02, 2516 E. Kalamazoo St. Susan Stachowiak presented the case. This is a request by Randall Automotive, Inc., for a sign variance at 2516 E. Kalamazoo. The applicant is proposing to erect a 56 foot square ground pole sign, 22' in height and 5' from the front property lines. Section 1442.12(c) of the Sign Code requires a setback of 22'for a 22' high ground pole sign. In addition, Section 1442.12(c) of the Sign Ordinance permits a maximum of 25 feet square for a sign with a 5'setback. Therefore, variances of 17'for the height and setback and 31 square feet of sign area are requested. Ms. Stachowiak stated that staff is recommending approval of this variance request for a ground pole sign at 2516 E. Kalamazoo,with the condition that the existing ground pole sign be removed. Mr. Tom Burchman, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Frederick stated that if the sign were to be placed at the required 22 foot setback, it would obstruct access and circulation in the parking area. A. Frederick moved to approve BZA-3687.02, 2516 E. Kalamazoo St., for a variance of 17' for the height and setback and 31 square feet of sign area. Seconded by G. Swix. VOTE YEA NAY Frederick X Hilts X Lain X Swix X Burgess X Motion carried by a vote of 5-0. BZA-3687.02, 2516 E. Kalamazoo St., has been approved. 5. BZA-3688.02, 1240 Parkdale Susan Stachowiak presented the case. This is a request by Claude Young,Jr.for a side yard setback variance at 1240 Parkdale. The applicant is requesting a variance to construct a 297 square foot addition to the existing garage and a second story addition to the house that would have a 1.5 foot setback form the side property line. Section 1248.08 of the Zoning Ordinance requires a minimum side yard setback of 6 feet in the "A" Residential Zoning district. Therefore, a side yard setback variance of 4.5 feet is requested. Ms. Stachowiak stated that staff is recommending approval of this variance request. Mr. John Grant, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. The Board members discussed why the construction of this garage/addition was almost entirely finished before it was found that there was a problem with the setback. G. Hilts moved to approve BZA-3688.02, 1240 Parkdale, a 4.5 foot side yard setback variance. Seconded by G. Swix. VOTE YEA NAY Frederick X Hilts X BOARD OF ZONING APPEALS MEETING MINUTES MARCH 14, 2002 PAGE 4 VOTE YEA NAY Lain X Swix X Burgess X Motion carried by a vote of 5-0. BZA-3688.02, 1240 Parkdale has been approved. 6. BZA-3689.02, 501 W. Sheridan Rd. Susan Stachowiak presented the case. This is a request by Carl and Deborah Straub, for a variance from the requirements of section 1286 of the Zoning Code which limits a property to one driveway and prohibits parking in the front yard. The applicants are proposing to convert the existing attached garage to living space and keep the existing driveway in front of the house. The applicants are also proposing to construct a second driveway in their side yard. This is,therefore,a request for a variance to allow front yard parking and to have a second driveway to the west of the house (in the side yard) giving access to the existing storage shed in the rear yard. Mr. Carl Straub, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. A. Frederick moved to approve BZA-3689.02 ,501 W.Sheridan Rd.,a variance to allow front yard parking and to have a second driveway to the west of the house (in the side yard) giving access to the existing storage shed, with the following conditions: 1. The portion of the second driveway, within the front yard be hard surfaced with Portland cement or bituminous asphalt; 2. The portion of the second drive not exceed 12 feet in width in the front yard area; 3. The remainder of the second driveway that is not within the front yard be a gravel surface with a 4 foot minimum concrete walk on both sides of the gravel surface; 4. The BZA number and approval date of the variance be engraved in the concrete. Seconded by G. Hilts. VOTE YEA NAY Frederick X Hilts X Lain X Swix X Burgess X Motion carried by a vote of 5-0. BZA-3689.02, 501 W. Sheridan Rd. has been approved with conditions. 5. BZA-3690.02, 1024 Lake Lansing Rd. This is a request by Balwinder Singh for a variance from the requirements of Section 1442.13a of the Sign Code which prohibits wall signs in the"B"Residential zoning district. The applicant is proposing to install a lighted awning that would include a 78 sq. ft. sign. This is, therefore, a request for a variance to allow a 78 sq. ft. sign on an awning in the "B" Residential District at 1024 Lake Lansing Road. Ms. Stachowiak stated that staff is recommending approval of this request,with the conditions BOARD OF ZONING APPEALS MEETING MINUTES MARCH 14, 2002 PAGE 5 as outlined in the staff report. Ms. Susee Harkins, applicant, spoke in favor of her request. Mr. Frank Carmella, former owner, spoke in favor of this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. A. Frederick moved to approve BZA-3690.02, 1024 Lake Lansing Rd.,a variance to allow a 78 sq.ft sign on an awning in the "B" Residential District with the following conditions: 1. The maximum amount of wall signage on the proposed awning not exceed 50 square feet. 2. All other signs be removed which includes the existing ground pole sign at the west corner of the building and any product signs outside the building. 3. The sign cannot project over the road right-of-way. 4. The lighting is limited to 2 16' lamps under the awning with maximum 800 milliamps. 5. The light on the building be removed. Seconded by G. Hilts. VOTE YEA NAY Frederick X Hilts X Lain X Swix X Burgess X Motion carried by a vote of 5-0. BZA-3690.02, 1024 Lake Lansing Rd. has been approved with conditions. IV OLD BUSINESS A. BZA-3511.98, 901 N. Larch (no action) B. BZA-3553.99, 735 E. Michigan (no action) C. BZA-3554.99, 907 W. Saginaw (no action) D. Rules of Procedure (no action) V. PUBLIC COMMENT- none VI. APPROVAL OF MINUTES A. Minutes of February 14, 2002 G. Hilts moved to approve the minutes as written. Seconded by G. Swix. Unanimous voice vote to approve. VII. NEW BUSINESS A. A. Frederick moved to give E. Horne an excused absence. Seconded by G. Hilts. Unanimous voice vote to approve. BOARD OF ZONING APPEALS MEETING MINUTES MARCH 14, 2002 PAGE 6 Vill. ADJOURNMENT AT 9:00 p.m. Respectfully submitted, Susan Stachowiak, Zoning Administrator Draft to Clerk 02/22/02 Approved 03/14/02 To Clerk 03/15/02 MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS FEBRUARY 14, 2002, 7:30 P.M. CITY COUNCIL CHAMBERS, 10T" FLOOR CITY HALL ROLL CALL The meeting was called to order by B. Burgess at 7:30 p.m. Chairman Burgess read the BZA introduction. Roll call was taken. Present: E. Horne B. Burgess G. Hilts G. Swix Absent: A. Frederick F. Lain Staff: S. Stachowiak T. Masseau A. A quorum of at least four members was present, allowing voting action to be taken at the meeting. II APPROVAL OF AGENDA Unanimous voice vote to approve the agenda. III. HEARINGS/ACTION A. BZA-3683.02, 1125 N. Jenison xplained that this is a variance request for front and side Susan Stachowiak presented the case.She e Jr., intends to construct an addition to the front of his yard setbacks. The applicant, Ernest Hines house that would be 144 sq.ft. in the area and would have a 9 foot front yard setback and a 3 foot side yard setback. The average setback of the other homes within 180 ft. in the same block face is 11.9 ft. which is less than the minium 20 foot setback. Therefore, a front yard setback variance of 11 feet and a side yard setback variance of 1 foot are requested. Mr. Earnest Hines, Jr., applicant, spoke in favor of his request. Mr. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. G.Swix moved to approve BZA-3683.02,1125 N.Jenison,a front yard setback variance of 11 ft.and a side yard setback variance of 1 ft. Seconded by G. Hilts. VOTE YEA NAY Hilts X Horne X Swix X Burgess X Motion carried by a vote of 4-0. BZA-3683.02, 1125 N. Jenison, has been approved. BOARD OF ZONING APPEALS MEEI iNG MINUTES FEBRUARY 14, 20u2 PAGE 2 B. BZA-3673.02, 4901 S. Waverly Rd. Susan Stachowiak presented the case. This is a request by Medallion Management Inc.to construct a second ground pole sign that would be 9 sq. ft. in the area at 4901 S. Waverly Road. Section 1442.12 of the City Sign Code allows parcels containing over one-half acre to have one ground pole sign per lot, not exceeding 40 sq. ft. in area. The applicant already has a permit to erect a 40 sq. ft. ground pole sign on the subject property along Waverly Road. The applicant is proposing a second, 9 sq. ft. ground pole sign along the Jolly Road frontage of the property for a total of 49 sq. ft. of sign area on the subject property. Therefore, this is a variance request to permit two ground pole sign totaling 49 sq. ft. in area. Mr. Richard Wolf, applicant, spoke in favor of his request. He also stated that for the record they are now called Summerplace instead of Cranbrook. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. G. Swix asked the applicant about the existing signs at the entrances along Jolly Road and also on Waverly Road. Mr. Wolf stated that those two signs will be removed and replaced with the new signs which will be the same square footage as the old ones. E. Horne stated that there is a hardship due to the configuration of the property and that is the only reason why she will approve this case. E. Horne moved to approve BZA-3673.02, a variance request to permit two ground pole signs totaling 49 sq. ft. in area at 4901 S. Waverly Road. Seconded by G. Hilts. VOTE YEA NAY Hilts X Horne X Swix X Burgess X Motion carried by a vote of 4-0. BZA-3673.02, 4901 S.Waverly Road has been approved. C. BZA-3674.02, 1443 N. Homer St. Susan Stachowiak presented the case. This is a request by Martin F. Jones for a variance from the requirements of Section 1248.03(b)(5) of the Zoning Code which limits the size of a garage to 720 square feet. The applicant is proposing to construct an addition to his existing garage that would have a total area of 1,025 square feet at 1443 N. Homer Street. This is,therefore, a request for a variance of 305 square feet from the maximum garage size allowed. Dr. Martin Jones and his wife, Nancy, applicants, spoke in favor of their request. B. Burgess stated that there is a letter from Marion Volk supporting this appeal. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. E. Horne moved to approve BZA-3674.02, 1443 N. Homer Street, a variance of 305 square feet from the maximum garage size. Seconded by G. Swix.. VOTE YEA NAY Hilts X BOARD OF ZONING APPEALS MEE i iNG MINUTES JANUARY 10, 200z PAGE 3 VOTE YEA NAY Horne X Burgess X Swix X Motion carried by a vote of 4-0. BZA-3674.01, 1443 N. Homer Street has been approved. D. BZA-3675.02, 1145 S. Washington Ave. Susan Stachowiak presented the case. This is a request by Mary Izzo for a parking variance at 1145 S. Washington Avenue. The City of Lansing Zoning Ordinance, Section 1284.13(7), requires nine parking spaces for the subject property. The applicant currently has one parking space on site and leases 8 parking spaces from a nearby City parking lot. The applicant proposes to eliminate the 8 leased parking spaces. Therefore, a parking variance of 8 spaces is requested. Susan Stachowiak stated that there were several letters from neighbors and the neighborhood group stating that they support this variance request. There are pictures of the parking lot taken at various times which demonstrates that the lot is always empty. It is the staff recommendation that this be approved. General discussion ensued regarding the parking spaces. Mr. Izzo and wife, Mary, applicants, spoke in favor of their request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Ms. Horne stated that she would like to see the City do something about the parking situation in this area before she would be willing to approve a variance. Mr. Swix stated that he also feels that something needs to be done about parking in this area of S. Washington, however, the variance is a separate issue. G. Swix moved to approve BZA-3675.02, 1145 S. Washington Ave.to eliminate the 8 leased parking spaces. Seconded by G. Hilts. VOTE YEA NAY Hilts X Horne X Swix X Burgess X Motion carried by a vote of 3-1. BZA-3675.02, 1145 S. Washington Ave. has been approved. E. BZA-3676.02, 201 N. Pennsylvania Susan Stachowiak presented the case. This is a request by Ferris Development for the property located at 201 N. Pennsylvania. Section 1256.07 of the Zoning Code requires a front yard setback of 20 feet in the "DM-3" Residential District. The existing building has a 10.5 foot setback from the front property line along N. Pennsylvania and a 14 foot setback from the property line along Jerome Street. Therefore, variances are requested for front yard setbacks of 9.5 feet and 6 feet respectively. Mr. Ron VanZee, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the BOARD OF ZONING APPEALS MEETING MINUTES FEBRUARY 14, 2002 PAGE 4 Committee of the Whole. E. Horne moved to approve BZA-3676.02, 201 N. Pennsylvania, a variance for front yard setbacks of 9.5 feet and 6 feet. Seconded by G. Hilts. VOTE YEA NAY Hilts X Horne X Swix X Burgess X Motion carried by a vote of 4-0. BZA-3676.02, 201 N. Pennsylvania has been approved. F. BZA-3677.02 205 N. Pennsylvania Susan Stachowiak presented the case. This is a request by Ferris Development for the property located at 205 N. Pennsylvania. The applicant is proposing to purchase the lot to the north, demolish the structure and combine the lot with the subject property. Section 1256.07 of the Zoning Code requires a front yard setback of 20 feet in the "DM-3" Residential District. The existing building has a 9.7 foot setback from the front property line. Section 1256.08 requires a side yard setback of 10% of the lot width which is T forthe subject property. The building will have a 3.7 foot side yard setback. Therefore,variances are requested for a front yard setback of 10.3 feet and a side yard setback of 3.3 feet. Mr. Ron VanZee, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. E. Horne moved to approve BZA-3677.02, 205 N. Pennsylvania,a variance for a front yard setback of 10.3 feet and a side yard setback of 3.3 feet with screening and buffering along the front property line at the discretion of the planning staff. Seconded by G. Swix. VOTE YEA NAY Hilts X Horne X Swix X Burgess X Motion carried by a vote of 4-0. BZA-3677.02, 205 N. Pennsylvania has been approved. G. BZA-3678.02 215 N. Pennsylvania This is a request by Ferris Development for the property located at 215 N. Pennsylvania. Section 1256.07 of the Zoning Code requires a minimum front yard setback of 20 feet in the "DM-3" Residential District. The existing building has a 18.7 foot setback from the front property line. Section 1256.11 of the Zoning Code states that the maximum lot coverage shall not be more than 60% of the total lot area. The proposed lot area coverage including structures and pavement is approximately 88%of the total lot area. Therefore,variances are requested for a 1.3 foot front yard setback and 28% of total lot coverage area. BOARD OF ZONING APPEALS MEETING MINUTES FEBRUARY 14, 2002 PAGE 5 Mr. Ron VanZee, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. E. Horne moved to approve BZA-3678.02, 215 N. Pennsylvania, a variance for a front yard setback of 1.3 feet and 28% of total lot coverage area. Seconded by G. Hilts. VOTE YEA NAY Hilts X Horne X Swix X Burgess X Motion carried by a vote of 4-0. BZA-3678.02, 215 N. Pennsylvania has been approved. H. BZA-3679.02, 221 N. Pennsylvania Susan Stachowiak presented the case. This is a request by Ferris Development for the property located at 221 N. Pennsylvania. Section 1256.07 of the Zoning Code requires a minimum front yard setback of 20 feet in the"DM-3"Residential District. The existing building has a 11 foot setback from the front property line. Therefore, a variance is requested for a 9 foot front yard setback. Mr. Ron VanZee, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. E. Horne moved to approve BZA-3679.02, 221 N. Pennsylvania, a variance for a front yard setback of 9 feet. Seconded by G. Hilts. VOTE YEA NAY Hilts X Horne X Swix X Burgess X Motion carried by a vote of 4-0. BZA-3679.02, 221 N. Pennsylvania has been approved. I. BZA-3680.02, 223 N. Pennsylvania Susan Stachowiak presented the case This is a request by Ferris Development forthe property located at 223 N. Pennsylvania. Section 1256.07 of the Zoning Code requires a minimum front yard setback of 20 feet in the"DM-3" Residential District. The existing building has a 9 foot setback from the front property line along N. Pennsylvania Avenue. Section 1256.09 requires a rear yard setback of 25 feet. The subject property is 14.5 feet from the rear property line. Therefore, variances are requested for a front yard setback of 11 feet and rear yard setback of 10.5 feet. Mr. Ron VanZee, applicant, spoke in favor of his request. BOARD OF ZONING APPEALS MEETING MINUTES FEBRUARY 14, 2002 PAGE 6 B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. G.Swix moved to approve BZA-3680.02,223 N.Pennsylvania,a variance for a front yard setback of 11 feet and a rear yard setback of 10.5 feet. Seconded by G. Hilts. VOTE YEA NAY Hilts X Horne X Swix X Burgess X Motion carried by a vote of 4-0. BZA-3680.02, 223 N. Pennsylvania has been approved. J. BZA-3681 02 6200 S. Pennsylvania Susan Stachowiak presented the case. This is a request by Terry Granger,SSOE, Inc.,for Meijer Inc. for a variance to construct a sign which exceeds the maximum area requirement of the Sign Code. Section 1442.13 (i) of the Sign Code allows up to 200 square feet of wall signage for commercial structures with more than 100 feet of building frontage. The applicant desires to erect a wall sign that would be 300 square feet in area. A variance of 100 square feet is, therefore, being requested. Mr. Craig Maitland, applicant, spoke in favor of his request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. G. Swix moved to approve BZA-3681.02, 6200 S. Pennsylvania, a sign variance of a 100 square feet with the removal of the two existing signs. Seconded by G. Hilts. VOTE YEA NAY Hilts X Horne X Swix X Burgess X Motion carried by a vote of 4-0. BZA-3681.02, 6200 S. Pennsylvania has been approved. K. BZA-3682.02 501 S. Capitol Ave. Susan Stachowiak presented the case. This is a request by Tim Murphy, representing the State Employees Credit Union for a sign variance at 501 S. Capitol Avenue. The applicant proposes to display a banner sign, approximately 12' x 45' (540 sq. ft.), for one year on the NW corner of the building, facing Lenawee Street. The banner sign is to celebrate SECU's 50th Anniversary. Section 1442.18 of the Sign Code permits a temporary sign to be a maximum of 26 sq. ft. in area and to be displayed for a maximum of 20 days per year. Therefore, variances are requested for 514 sq. ft. and 345 days. General discussion ensued regarding the signs. BOARD OF ZONING APPEALS MEETING MINUTES FEBRUARY 14, 2002 PAGE 7 Mr. Tim Murphy, applicant, spoke in favor of his request. Ms. Judy Ford of Keystone Design Group, spoke in favor of this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. The Board members discussed the size of the sign and whether it is necessary for a banner sign of this size to be displayed for one year. G. Hilts moved to table BZA-3682.02, 501 S. Capitol Avenue, a sign variance for 514 sq. ft. and 345 days. Seconded by E. Horne. VOTE YEA NAY Hilts X Horne X Swix X Burgess X Motion carried by a vote of 4-0. BZA-3682.02, 501 S. Capitol Avenue has been tabled. L. BZA-3684.02 Lot 4,Wabash Rd. Susan Stachowiak presented the case. This is a request by Rapport Restoration Construction LLC to seek a variance from the front yard setback to construct a house on lot 4 of Green Ridge Subdivision. Section1248.07 of the Zoning Code requires the structure to be setback from the front property line no less than 50 feet since the average setback for the other houses within 180 feet in the same blockface exceeds 50 feet. The applicant desires to place the proposed house 25 feet from the front lot line. A variance of 25 feet is, therefore, being requested. Mark Keyzer, applicant, spoke in favor of his request. Mike Bolan, 2322 Wabash, spoke against this request. Charles Green, spoke in favor of this request. Donna Rieke, 2315 Wabash, spoke against this request. John Schrader, 2407 Wabash, spoke against this request. General discussion ensued in regards to the proposed 25 foot front yard setback. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr.Swix expressed concern about the environmental issues associated with this property since the majority of the lot seems to be in a wetland area. Ms.Horne expressed concern about the house being located in front of the existing houses on the same side of the street in the immediate area of the subject property. G. Swix moved to deny BZA-3684.02, Lot 4, Wabash Rd., a variance for a front yard setback of 25 feet. Seconded by E. Horne. BOARD OF ZONING APPEALS MEETING MINUTES FEBRUARY 14, 2002 PAGE 8 VOTE YEA NAY Hilts X Horne X LBurgess X X Motion carried by a vote of 4-0. BZA-3684.02, Lot 4, Wabash Rd., has been denied. IV OLD BUSINESS A. BZA-3511.98, 901 N. Larch (no action) B. BZA-3553.99, 735 E. Michigan (no action) C. BZA-3554.99, 907 W. Saginaw (no action) D. Rules of Procedure (no action) E. Ordinance Amendments (no action) V. PUBLIC COMMENT- none VI. APPROVAL OF MINUTES A. Minutes of December 13, 2001 G. Swix moved to approve the minutes as written. Seconded by E. Horne. Unanimous voice vote to approve. VII. NEW BUSINESS VIII. ADJOURNMENT AT 9:40 p.m. Respectfully submitted, Susan Stachowiak, Zoning Administrator Draft to Clerk 02/05/02 Approved 0214/02 To Clerk 02/21/02 MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS JAN UARY 10, 2002, 7:30 P.M. CITY COUNCIL CHAMBERS, 10T" FLOOR CITY HALL ROLL CALL The meeting was called to order by G. Hilts at 7:32 p.m. Chairman Hilts read the BZA introduction. Roll call was taken. Present: A. Frederick E. Horne B. Burgess G. Hilts G. Swix F. Lain Absent: Staff: S. Stachowiak A. A quorum of at least four members was present, allowing voting action to be taken at the meeting. II APPROVAL OF AGENDA The Election of Officers and the Bea Christie Award Dinner were added to New Business. A. Frederick moved to approve the agenda as amended. Seconded by E. Horne. Unanimous voice vote to approve the agenda. III. HEARINGS/ACTION A. BZA-3667.01, 308 W. Frederick Susan Stachowiak presented the case. She explained that this a variance request from the front yard setback requirement of 29 feet along Frederick Street. The proposed setback is 25 feet, therefore, a variance of 4 feet is requested. This is a corner lot which means that there are two front yard setback requirements. Along Frederick Street, the average setback is 29 feet and the applicant is proposing 25 feet. There is a significant practical difficultly that exists in this case because if the applicant were to comply with the front yard setback along Frederick Street of 29 feet, it would only leave 20.5 feet of buildable area and the minimum size for a house is 24 feet. Therefore, without a variance,the lot is completely unbuildable. Ms. Stachowiak recommended approval of this request. Mr. William Jaynes, Applicant, spoke in favor of his request. Mr. Burgess said that this is a reasonable request. B. Burgess moved to approve BZA-3667.01, 308 W. Frederick, a variance of 4 feet from the required 29 foot front yard setback. Seconded by G. Swix. VOTE YEA NAY Hilts X Horne X Swix X BOARD OF ZONING APPEALS MEE)iNG MINUTES JANUARY 10, 200t PAGE 2 VOTE YEA NAY Lain X Burgess X Frederick X Motion carried by a vote of 6-0. BZA-3667.01, 308 W. Frederick, has been approved. B. BZA-3668.01, 1407 S. Genesee Dr. Susan Stachowiak presented the case. This is a variance request from the rear yard setback requirement of 30 feet in the"A" Residential District. The proposed setback is 25.65 feet, which is a variance request of 4.35 feet. The proposed 6 x 11 four seasons room will be even with the back of the house as it currently exists. The practical difficulty is the depth of the lot being only 82.65 feet. Staff recommended approval of this request. Mr. Chris Kolbe, Applicant, spoke in favor of his request. Mr. Bruce Gaugush, 1411 S.Genesee. Mr. Gaugush expressed concern about additional drainage problems on his lot, although he stated that he is not opposed to the applicant's request. G. Hilts asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Frederick said there seems to be a practical difficulty based upon the size and shape of the lot. A.Frederick moved to approve BZA-3668.01,a variance request of 4.35 feet from the 30 yard required rear yard setback at 1407 S. Genesee Dr.. Seconded by B. Burgess. VOTE YEA NAY Hilts X Horne X Swix X Lain X Burgess X Frederick X Motion carried by a vote of 6-0. BZA-3668.01, 1407 S. Genesee has been approved. C. BZA-3669.01, 2005 S. Pennsylvania Susan Stachowiak presented the case. This is a request for a variance for the height and placement of the existing fence at 2005 S. Pennsylvania. The applicant put up the fence and was then informed that the fence did not comply with the Zoning Ordinance. This is a corner lot and, by Zoning Ordinance definition, it has two front yards. The ordinance states that any fence in the front yard cannot be higher than 3 feet if it is a solid fence or 4 feet if it is chain link or wrought iron fence (something you can see through). The fence does not encroach in the front yard on Pennsylvania, however, it does extend to the property line in the applicant's McKim Avenue front yard and is 6 feet in height in this area. The other part of the variance is that there is one section of fencing at the southeast corner of the property that is 8.5 feet in height and the ordinance states that fencing in a side or rear yard can be a maximum of 6 feet high. The reason the applicant put up the section of fence that is 8.5 feet high is because there is a drop off there and that made it consistent in height with the rest of the fence. In BOARD OF ZONING APPEALS MEE-i iNG MINUTES JANUARY 10, 200-1 PAGE 3 terms of practical difficulty, the only practical difficulty that appears to exist is that this is a corner lot and since the house is very close to the side lot line,the applicant is limited to the area where he could place a 6 foot high fence in compliance with the ordinance. Ms. Stachowiak said that, in the packet, there are several letters and a petition from the neighbors supporting the variance. In addition, she received one other letter from Mr.Richard Laforge at 922 Kenwood Avenue stating that he agrees with the request. She also received a call from Sandra Shaftly, 918 McKim, in the vicinity of the property and she is also supportive of this request. She has been out there to look at this and it does not seem to create any visibility problems, which is their main concern with fences above the ordinance limits. Staff recommended approval of this request. Mr. Frederick asked how the fence ordinance is enforced since no building permit is required? Ms. Stachowiak said generally they only hear about it if a Code Compliance Officer just happens to come across it, which is what happened in this case, or if there is a compliant. General discussion ensued regarding building permits for fencing. Mr. Brian Parkinson, applicant, spoke in favor of his request. G. Hilts asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Ms. Horne said that if people go down the street and see a fence such as this, it gives the perception that this is permitted. Ms. Horne stated that Pennsylvania is a busy street and she cannot support this request. General discussion ensued regarding the perception to the public if the fence is allowed to remain. Mr. Frederick expressed concern with the enforcement of the code. It seems that this is hit or miss enforcement since there is no permit required. If they would have traveled south of this property they would have seen that there is another fence that is not in compliance with the ordinance either. With uneven enforcement, it gives the perception of unfairness and unless there is some way to ensure even handed enforcement of this, it is not going to make the citizens happy about living here. Also, since staff testified that there was no obstructed vision, he is inclined to support this variance and make a suggestion that there be a placard put up giving the BZA number and date that it was approved so that people know that they had to go through a process to get the fence. Mr. Swix said that there are no visibility problems with this fence. He asked if there is a sidewalk there now and if not, if the City decides to install sidewalk, would the fence be in the sidewalk ROW? Ms. Stachowiak said it would not be in the sidewalk ROW because the sidewalk has to be on the public ROW and this fence is on the applicant's property. General discussion ensued regarding visibility. Mr. Burgess stated that he supports this request. A. Frederick moved to approve BZA-3669.01, 2005 S. Pennsylvania, a variance to permit a 6 foot high fence in the front yard and a section of 8.5 foot high fence at the Southeast corner of the property with the condition that the applicant affix a sign or plaque on the Northwest corner of the fence facing Pennsylvania stating that this fence exists by approval of variance BZA-3669.01. Seconded by B. Burgess. VOTE YEA NAY Hilts X Horne X Burgess X BOARD OF ZONING APPEALS MEETING MINUTES JANUARY 10, 2002 PAGE 4 VOTE YEA NAY Swix X Lain X Frederick X Motion carried by a vote of 5-1. BZA-3669.01, 2005 S. Pennsylvania has been approved. D. BZA-3670.01 2017 Roberts Lane Susan Stachowiak presented the case. This is a request by Brian Regan for a variance from the required 20 foot front yard setback. The applicant is proposing to construct an addition and a porch to front of his house that would have a 12.75 foot front yard setback.Therefore,a variance of 7.25 feet is being requested. Ms. Stachowiak stated that none of the properties near the applicants home on the same side of the street on Roberts Lane comply with the 20 foot front yard setback requirement. She explained that even with the 5 foot addition,the applicants house will be setback further than his neighbors on either side of him. The staff does not see any adverse impacts on the neighborhood or the environment and recommend that this be approved. Mr. Swix said that when he drove by this house, he noticed that there is a 6 foot fence running along the south side of the house separating the yard from the neighbors drive. From the looks of that and the picture, when he builds his addition, the fence will come into compliance with the ordinance. General discussion ensued regarding the addition and the fence. G. Hilts asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. G.Swix moved to approve BZA-3670.01,2017 Roberts Lane,to construct an addition and a porch to the front of the house that would have a setback of 12.75 from the front property line. Seconded by E. Horne. G. Hilts said that it is his understanding that the practical difficulty is the layout of the lot. S. Stachowiak said that the practical difficulty as described in the staff report is the location of the house. It is a deep lot and the house sits very close to the front, as do all the other houses of the neighborhood. General discussion ensued regarding the lot. VOTE YEA NAY Hilts X Horne X Swix X Lain X Burgess X Frederick X Motion carried by a vote of 6-0. BZA-3670.01, 2017 Roberts Lane has been approved. BOARD OF ZONING APPEALS MEETING MINUTES JANUARY 10, 2002 PAGE 5 IV OLD BUSINESS A. BZA-3511.98, 901 N. Larch (no action) B. BZA-3553.99, 735 E. Michigan (no action) C. BZA-3554.99, 907 W. Saginaw (no action) D. Rules of Procedure (no action) E. Ordinance Amendments (no action) V. PUBLIC COMMENT- none VI. APPROVAL OF MINUTES A. Minutes of December 13, 2001_ A. Frederick moved to approve the minutes as written. Seconded by E. Horne. Unanimous voice vote to approve. VII. NEW BUSINESS 1. Election of Officers Mr. Frederick nominated B. Burgess as Chair. Seconded by E. Horne. Unanimous voice vote to approve. E. Horne nominated F. Lain as Vice-Chair. Seconded by A. Frederick. Unanimous voice vote to approve. Chair: B. Burgess Vice-Chair: F. Lain General discussion regarding practical difficulty. 2. Bea Christie Award - Lansing Neighborhood Council Ms. Horne stated that the Bea Christie Award Dinner will be held on February 15, 2002, 6:15p.m. at the Lansing Center. E. Horne invited the Board and stated that she has tickets available for$11.00 each. She explained that this awards ceremony has been taking place for 15 years and is sponsored by the Lansing Neighborhood Council for the purpose of giving awards to people from neighborhood groups that have been active and volunteered their time. The awards ceremony is in honor of Bea Christie who was very active in the east side of Lansing. Vill. ADJOURNMENT AT 8:25 p.m. Respectfully submitted, Susan Stachowiak, Zoning Administrator Draft to Clerk 02/05/02 Approved To Clerk MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS JANUARY 10, 2002, 7:30 P.M. CITY COUNCIL CHAMBERS, 10T" FLOOR CITY HALL ROLL CALL The meeting was called to order by G. Hilts at 7:32 p.m. Chairman Hilts read the BZA in Roll call was taken. Present: A. Frederick E. Horne B. Burgess G. Hilts G. Swix F. Lain- Absent: Staff: S. Stachowiak A. A quorum of at least four members was present, allowing voting action to be taken at the meeting. II APPROVAL OF AGENDA The Election of Officers and the Bea Christie Award Dinner were added to New Business. A. Frederick moved to approve the agenda as amended. Seconded by E. Horne. Unanimous voice vote to approve the agenda. III. HEARINGS/ACTION A. BZA-3667.01, 308 W. Frederick Susan Stachowiak presented the case. She explained that this a variance request from the front yard setback requirement of 29 feet along Frederick Street. The proposed setback is 25 feet, therefore, a variance of 4 feet is requested. This is a corner lot which means that there are two front yard setback requirements. Along Frederick Street, the average setback is 29 feet and the applicant is proposing 25 feet. There is a significant practical difficultly that exists in this case because if the applicant were to comply with the front yard setback along Frederick Street of 29 feet, it would only leave 20.5 feet of buildable area and the minimum size for a house is 24 feet. Therefore, without a variance, the lot is completely unbuildable. Ms. Stachowiak recommended approval of this request. Mr. William Jaynes, Applicant, spoke in favor of his request. Mr. Burgess said that this is a reasonable request. B. Burgess moved to approve BZA-3667.01, 308 W. Frederick, a variance of 4 feet from the required 29 foot front yard setback. Seconded by G. Swix. VOTE YEA NAY Hilts X Horne X Swix X BOARD OF ZONING APPEALS MEEI iNG MINUTES JANUARY 10, 200z PAGE 2 VOTE YEA NAY Lain X Burgess X Frederick X Motion carried by a vote of 6-0. BZA-3667.01, 308 W. Frederick, has been approved. B. BZA-3668.01, 1407 S. Genesee Dr. Susan Stachowiak presented the case. This is a variance request from the rear yard setback requirement of 30 feet in the"A" Residential District. The proposed setback is 25.65 feet, which is a variance request of 4.35 feet. The proposed 6 x 11 four seasons room will be even with the back of the house as it currently exists. The practical difficulty is the depth of the lot being only 82.65 feet. Staff recommended approval of this request. Mr. Chris Kolbe, Applicant, spoke in favor of his request. Mr. Bruce Gaugush, 1411 S. Genesee. Mr. Gaugush expressed concern about additional drainage problems on his lot, although he stated that he is not opposed to the applicant's request. G. Hilts asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Frederick said there seems to be a practical difficulty based upon the size and shape of the lot. A.Frederick moved to approve BZA-3668.01,a variance request of 4.35 feet from the 30 yard required rear yard setback at 1407 S. Genesee Dr.. Seconded by B. Burgess. VOTE YEA NAY Hilts X Horne X Swix X Lain X Burgess X Frederick X Motion carried by a vote of 6-0. BZA-3668.01, 1407 S. Genesee has been approved. C. BZA-3669.01 2005 S. Pennsylvania Susan Stachowiak presented the case. This is a request for a variance for the height and placement of the existing fence at 2005 S. Pennsylvania. The applicant put up the fence and was then informed that the fence did not comply with the Zoning Ordinance. This is a corner lot and, by Zoning Ordinance definition, it has two front yards. The ordinance states that any fence in the front yard cannot be higher than 3 feet if it is a solid fence or 4 feet if it is chain link or wrought iron fence (something you can see through). The fence does not encroach in the front yard on Pennsylvania, however, it does extend to the property line in the applicant's McKim Avenue front yard and is 6 feet in height in this area. The other part of the variance is that there is one section of fencing at the southeast corner of the property that is 8.5 feet in height and the ordinance states that fencing in a side or rear yard can be a maximum of 6 feet high. The reason the applicant put up the section of fence that is 8.5 feet high is because there is a drop off there and that made it consistent in height with the rest of the fence. In BOARD OF ZONING APPEALS MEE)iNG MINUTES JANUARY 10, 200,r PAGE 3 s is a corner lot terms of practical difficulty, the only practical difficulty that appears is limited to the area where he could and since the house is very close to the side lot line,the appthe packet,place a foot high fence in cam fro the neighbors s pporting theth the ordinance. Ms. lvariandce.saiIn, ladd tion, she there aree several letters and a petition received one other letter received d a call from Sandchard ra Shaftly at 922 e918 McKim,nwood in stating that he of agrees with property the request. She also receive eem and she is also supportive obllems which is thet. ir main has een out concern with fences above the ordre to look at this and it inance limits. to create any visibility pro Staff recommended approval of this request. Mr. Frederick asked how the fence ordinance is enforced since no building permit is required? Ms. Stachowiak said generally they only hear about it if a Code Compliance Officer just happens to come across it, which is what happened in this case, or if there is a compliant. General discussion ensued regarding building permits for fencing. Mr. Brian Parkinson, applicant, spoke in favor of his request. G. Hilts asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. ves the erception Ms. Horne said that if people go stated that n the tPennsyllva a is a busy street anreet and see a fence such as 'd she 1cannot support this that this is permitted. Ms. Horne request. arding the perception to the public if the fence is allowed to remain. General discussion ensued reg t seems that this is hit or miss Mr. Frederick expressed concern with the en edtlf they would have travfrcement of the code. leled south of this property they enforcement since there is no perm eq th would have seen that there is another fence that of unfa�ness a pd unlesslthehe s ordinance some way to ensulre uneven enforcement, it gives the perception about living here. Also, even handed enforcement of this, it is not going to make the citizens happy since staff testified that there was no obstructed vision, e is IinedZA n o support ber date this vari at it was ane and make a suggestion that there be a placard put up giving the B approved so that people know that they had to go through a process to get the fence. Mr.Swix said that there are no visibility nproblems albls dewalk, would the fence ben the sidewalk ROW?here now and if not, if the City decides Ms. Stachowiak said it would not be in the sidewalk ROW because the sidewalk has to be on the public ROW and this fence is on the applicant's property. General discussion ensued regarding visibility. Mr. Burgess stated that he supports this request. permit a 6 foot high fence A. Frederick moved to approve BZA-3669.01, 2005 00 S. Pennsylvania, a varince the the with the condition the front yard and a section of 8.5 foot high fence athe Southeast corne fence that the applicant affix a sign or plaque on the 01 Northwestcorner of the B. Burgess. Pennsylvania stating that this fence exists by approval of variance BZA 36 NAY VOTE YEA Hilts X X Horne X Burgess BOARD OF ZONING APPEALS MEETING MINUTES JANUARY 10, 2002 PAGE 4 VOTE YEA NAY Swix X Lain X Frederick X Motion carried by a vote of 5-1. BZA-3669.01, 2005 S. Pennsylvania has been approved. D. BZA-3670.01 2017 Roberts Lane This is a request by Brian Regan for a variance from the Susan Stachowiak presented the case. required 20 foot front yard setback. The applicant is proposing to construct an addition would have a 12 75 foot front yard setback.Therefore a variance to front of his house that wo of 7.25 feet hat none of the ican s home on t being requested. nstreet on Roberts Lane tcomply with the 20 properties front yard se back retquir ment the same side of the will She explained that even fitlhimrThe staffoot doles not the t seeapplicants any adverse impacbts on setback the neighborhood or rther than his neighbors on either side o the environment and recommend that this be approved. Mr. ere is a 6 foot fence running ong Swix said that when he drove the yard from the neighbors ed that t drive From the looks of that the e and the south side of the house separating 9 the picture, when he builds his addition, the fence will come into compliance with the ordinance. General discussion ensued regarding the addition and the fence. G. Hilts asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. G.Swix moved to approve BZA-3670.01, 2017 Roberts5from the front property line beSeconded by E rHornehe front of the house that would have a setback of 12 G. Hilts said that it is his understanding that the practical difficulty is the layout of the lot. S. Stachowiak said that the practical diffi onity as as do descll ribed in te otheh staff reportouses of t a ne the location oodf the house. It is a deep lot and the house sits very close to the fr General discussion ensued regarding the lot. VOTE YEA NAY Hilts X Horne X Swix X Lain X Burgess X Frederick X Motion carried by a vote of 6-0. BZA-3670.01, 2017 Roberts Lane has been approved. BOARD OF ZONING APPEALS MEETING MINUTES JANUARY 10, 2002 PAGE 5 IV OLD BUSINESS A. BZA-3511.98, 901 N. Larch (no action) B. BZA-3553.99, 735 E. Michigan (no action) C. BZA-3554.99, 907 W. Saginaw(no action) D. Rules of Procedure (no action) E. Ordinance Amendments (no action) V. PUBLIC COMMENT- none Vl. APPROVAL OF MINUTES A. Minutes of December 13 2001 e the minutes as written. Seconded by E. Horne. Unanimous A. Frederick moved to approv voice vote to approve. VII. NEW BUSINESS 1. Election of Officers ir. Seconded by E. Horne. Unanimous voice vote to Mr. Frederick nominated B. Burgess as Cha approve. E. Horne nominated F. Lain as Vice-Chair. Seconded by A. Frederick. Unanimous voice vote to approve. Chair: B. Burgess Vice-Chair: F. Lain General discussion regarding practical difficulty. 2. Bea Christie Award - Lansing Neighborhood Council Ms. Horne stated that the Bea Christie Award Dinner will be held on February 15, 2002, 6:15p.m. at the Lansing Center, E. Horne invited the Board and stated that she placehas fotickets r 15 years avaand is for$11.00 nsored each. She explained that this awards ceremony h giving awards to people from neighborhood by the Lansing Neighborhood Council for the purpose of 9 g is in honor of Bea groups that have been active and volunteered their time. The awards ceremony Christie who was very active in the east side of Lansing. VIII. ADJOURNMENT AT 8:25 P.M. Respectfully submitted, Susan Stachowiak, Zoning Administrator