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HomeMy WebLinkAboutBoard of Zoning 2003 Minutes BOARD OF ZONING APPEALS MEETING MINUTES JANUARY 9, 2003 Page 1 Draft to Clerk: ' `' f�.i C• LJ Approved: Clerk: MINUTEg.OF; 1iHE REGULAR MEETING BOARD OF ZONING APPEALS JANUARY 9, 2003, 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 B. McGrain A. Frederick 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. Hilts moved, G. Swix seconded to approve the agenda with the addition of "excused absence" for Mr. Frederick under new business. On a voice vote, the motion carried 6-0. III. HEARINGS/ACTION A. BZA-3716.02, 332 Townsend Sue Stachowiak presented the case. This is a request by Michael Lashbrook, representing the Michigan Beer and Wine Wholesale Association. The applicant proposes to construct a new 9,484 square foot office building at 332 Townsend Street, located at the northwest corner of Townsend and W. Kalamazoo Street. The site would have 24 parking spaces, no landscape buffering along W. Kalamazoo Street and 4 parking spaces in the front yard along W. Kalamazoo Street. Section 1264.07 of the Zoning Code, requires a front yard setback of 20 feet for a structure that is less than 45 feet in height in the "E-V Apartment Shop District. Section 1284.13(d)(1) requires 32 parking spaces for the projected usable floor area of the proposed building. Section 1290.08 requires an 8 foot landscape buffer along all road frontage and Section 1286.02 prohibits front yard parking in the "D-1" Professional Office District. Therefore, a front yard setback variance of 20 feet, 8 parking spaces, 4 parking spaces in the front yard and 8 feet of landscape buffering along W. Kalamazoo Street are requested. Staff recommended denial of the requested variances for lack of an adequate practical difficulty. Mr. Michael Lashbrook, applicant, spoke in favor of this request. Mr. Lashbrook stated that the amount of parking that they are proposing is adequate for the number of vehicles that would be needing to parking on their lot at any given time. He said that they currently have more parking than they need, so they lease some of it out to another business. Mr. Lashbrook also stated that the size of the building they are proposing is necessary to accommodate their needs so that they can remain in the downtown. Mr. John Peckham, of Martin Properties, representing the 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. A. Frederick expressed his concerns about the zero foot front yard setback with no landscape buffering and the loss of the parking spaces. Mr. Siebold asked the applicant to explain what their function room will be used for and how often it will be used. Mr. Lashbrook stated that they meet with Legislatures in the function room. He stated that most, if not all of the Legislatures walk to their location. The Board members expressed concern about overbuilding the site. Mr. Frederick stated that there is a self-created practical difficulty involved since it is the size of the building that is creating the need for four variances. He stated that he is not in favor of the request. Mr. Lashbrook and Mr. Peckham asked that the Board table the request in order to give them more time to come up with another proposal. G. Hilts moved to table BZA-3716.02, 332 Townsend, a front yard setback variance of 20 feet, 8 parking spaces, 8 feet of landscape buffering along W. Kalamazoo Street and front yard parking. Seconded by A. Frederick. VOTE YEA NAY Siebold X Hilts X Lain X McGrain X Frederick X Horne X Swix X Burgess X Motion carried by a vote of 8-0. BZA-3716.02, 332 Townsend, has been tabled. B. BZA-3750.02, 901 N. Larch Sue Stachowiak presented the case. This is a request by James Stajos, on behalf of American Eagle Superstore at 901 N. Larch Street for a variance to permit a 70.8 square foot ground pole sign that would have a 2 foot setback from the property line along Oakland Avenue. Section 1442.12(5)(B) of the City Sign Code requires a 20 foot setback for a 70.8 square foot ground pole sign. This is, therefore, a variance request for an 18 feet to the required setback. Staff recommended approval of the variance based upon the practical difficulty of the sign begin blocked by other road signs in the area. However, staff expressed concern about the need for the sign to be located 2 feet from the Oakland Avenue right-of-way. BOARD OF ZONING APPEALS MEETING MINUTES JANUARY 9, 2003 PAGE 3 Mr. James Stajos, 901 N. Larch Street, applicant, spoke in favor of his request. He stated that due to the abundance of MDOT signage, it blocks the view of his current sign and fears a loss of revenue will occur if motorists cannot view the message-board sign. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Lain stated that he has been drawn into this store by seeing sales on the message-board. Mr. Frederick stated that he cannot support this request because there does not appear to be a sufficient need for the reduced setback. Mr. Stajos stated that he has tried, unsuccessfully, to work with MDOT to get the signs moved. F. Lain moved to approve BZA-3750.02, 901 N. Larch Street, a variance for 18 feet to the required setback. Seconded by G. Hilts. VOTE YEA NAY Siebold X Hilts X Lain X McGrain X Frederick X Horne X Swix X Burgess X Motion carried by a vote of 7-1. BZA-3750.02, 901 N. Larch Street, has been approved. C. BZA-3751.02, 3030 S. Cedar Street Sue Stachowiak presented the case. This is a request by Leonard Hunt, owner of Hunt's Hog Shop at 3030 S. Cedar Street, for a variance to permit a roof sign. Section 1442.21(f) of the City Sign Code prohibits roof signs. The applicant is requesting approval of a variance to locate a sign on the roof of the building at 3030 S. Cedar Street. Ms. Stachowiak stated that staff is recommending denial of this request for lack of an adequate practical difficulty. Ms. Kim Laudenday, representing the owner, Leonard Hunt, 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 possible locations on the building for a wall sign. Mr. Swix suggested that the "Hunts" sign could be placed next to the"Hog Shop"sign. BOARD OF ZONING APPEALS MEETING MINUTES JANUARY 9, 2003 PAGE 4 Mr. Hilts stated that the difference between this request and the roof sign request at the last meeting is that the other location could not accommodate a ground sign, whereas this business currently has a substantial size wall sign. A. Frederick moved to deny BZA-3751.02, 3030 S. Cedar Street, a variance request to permit a roof sign. Seconded by G. Hilts. VOTE YEA NAY Siebold X Hilts X Lain X McGrain X Frederick X Horne X Swix X Burgess X Motion carried by a vote of 7-1. BZA-3751.02, 3030 S. Cedar Street, has been denied. D. BZA-3752.02, 533 Mall Court Sue Stachowiak presented the case. This is a request by JoAnn Fabrics, for a variance to the number of permitted wall signs at 533 Mall Court in the Frandor Shopping Center. A corner business in a shopping center is typically permitted 2 wall signs, totaling, in this case, 200 square feet in area. However, there was previously an approved variance for this location to permit 3 wall signs (one on each wall) totaling 400 square feet of sign area. Ms. Stachowiak stated that the applicant wants to have six wall signs at this location. Staff is recommending denial of the additional signs for lack of an adequate practical difficulty. Mr. Dave Saidoo, Signs of Crannie, representing JoAnn Fabric, spoke in favor of this request. He said that the 400 square feet of signage is more than enough for the building, however, JoAnn's would like the additional signs to advertise their products. 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. Siebold stated that with all of the proposed signs, it does not seem like the "JoAnn" sign is that important. Mr. Swix stated that within the shopping center, it is very difficult to look up on the buildings to read the signs. Mr. Frederick said that every business would like to have signs advertising products, however, this is not a sufficient justification for a variance. F. Lain moved to deny BZA-3752.02, 533 Mall Court, a variance of 4 signs to the allowable quantity of signs. Seconded by B. McGrain. BOARD OF ZONING APPEALS MEETING MINUTES NOVEMBER 14, 2002 PAGE 5 VOTE YEA NAY Siebold X Hilts X Lain X McGrain X Frederick X Horne X Swix X Burgess X Motion carried by a vote of 8-0. BZA-3752.02, 533 Mall Court, has been denied. IV OLD BUSINESS A. BZA-3511.98, 901 N. Larch (no action) A. BZA-3553.99, 735 E. Michigan (no action) A. BZA-3554.99, 907 W. Saginaw(no action) D. Rules of Procedure (no action) E. Horne stated that S. Stachowiak should contact the Attorney's Office to see what the status is of the "Rules of Procedures." E. Horne stated that she thought that they have been under the"Old Business" for three to four years now. V. PUBLIC COMMENT - none VI. APPROVAL OF MINUTES A. Minutes of December 13, 2002 G. Swix moved to approve the minutes of December 12, 14, 2002. Seconded by E. Horne. Unanimous voice vote to approve. VII. NEW BUSINESS A. Excused absence for A. Frederick - February 13, 2003 meeting. E. Horne moved, seconded by F. Lain to excuse Mr. Frederick from the February 13, 2003 meeting. Unanimous voice vote to approve. VIII. ADJOURNMENT AT 9:20 p.m. Respectfully submitted, BOARD OF ZONING APPEALS MEETING MINUTES NOVEMBER 14, 2002 PAGE 6 Susan Stachowiak, Zoning Administrator L Draft to Clerk:2/17/03 U-L. e Approved: Clerk: MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS FEBRUARY 13, 2003, 7:30 P.M. CITY COUNCIL CHAMBERS, 10T" FLOOR CITY HALL I. 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 G. Swix J. Siebold E. Horne F. Lain B. McGrain Excused Absence: A. Frederick Staff: S. Stachowiak L. Davis 1. 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 as written. On a voice vote,the motion carried 6-0. III. HEARINGS/ACTION A. BZA-3753.03, 121 Bingham St. Sue Stachowiak presented the case. This is a request by Sergio Keck on behalf of Bingham Elementary School located at 121 Bingham Street for a variance to permit a 32 square foot ground sign. Section 1442.12(h)(7)(C)of the City Sign Code limits the size of an institutional ground sign to 20 square feet on a parcel that is less than 2 acres in size. Therefore, the applicant is requesting a variance of 12 square feet to the sign area limit. Staff recommended approval of the requested variance. Mr. Sergio Keck, principal of Bingham Elementary School, spoke in favor of this request. Mr. Keck stated that a bigger sign would be more beneficial in regards to the activities that the school holds, not only for the school, but also for the surrounding community as well. G. Hilts asked Mr. Keck if the school was used for non-school activities. Mr. Keck stated that the school was used for a number of community events. The school is usually open between 7 a.m. and 7 p.m., sometimes later. Ms. Donna Lownsbery, 224 Bingham St. and treasurer of the neighborhood association, addressed the Board. She stated that she is in favor of this request as the school has always tried to improve the neighborhood. BOARD OF ZONING APPEALS MEETING MINUTES FEBRUARY 13, 2003 PAGE 2 E. Horne asked what the colors of the sign were. Mr. Keck again addressed the Board and stated that the colors were blue and white. He also stated that the changeable letters on the sign would be black. Mr.Jason Bremer addressed the Board. He stated that he is also in favor of this request. The sign would be good for announcements of activities. 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-3753.03, 121 Bingham St., a variance of 12 square feet to permit a 32 square foot ground sign. Seconded by B. McGrain. VOTE YEA NAY Slebold X Hilts X Lain X McGrain X Horne X Swix X Burgess X Motion carried by a vote of 7-0. BZA-3753.03, 121 Bingham St. has been approved. B. BZA-3754.03, 5907 S. MIL King Jr. Blvd. Sue Stachowiak presented the case. This is a request by Maple Grove Baptist Church. The applicant proposes a canopy over the existing barrier free ramp on the front of the building at 5907 S. ML King Jr. Blvd. The existing ramp and proposed canopy would have a front yard setback of 6-feet, 5-inches. 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 13-feet,7-inches is requested. Staff recommended approval of this request due to the fact that the canopy would be no more intrusive than the ramp since it is the same size and is open in the middle. The setback would be the same as it is now. Also, the church owns the surrounding land so it would have no affect on neighbors. Pastor Ralph Tingley, representing Maple Grove Baptist Church, addressed the Board. He stated that their main concern is the safety of their parishioners. The church's goal is to get handicapped people to church and make sure that they arrive and leave safely. The canopy would greatly help in that manner, especially during inclement weather. S. Stachowiak stated that they had received a written response from Marie Deford, neighbor, stating that she is in agreement with this request. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Lain stated that he supports this request. BOARD OF ZONING APPEALS MEETING MINUTES FEBRUARY 13 2003 PAGE 3 F. Lain moved to approve BZA-3754.03, 5907 S. ML King Jr. Blvd., a variance of 13.5 feet to the required front yard setback. Seconded by G. Swix. VOTE YEA NAY Siebold X Hilts X Lain X McGrain X Horne x Swix X Burgess X Motion carried by a vote of 7-0. BZA-3754.03, 5907 S. ML King Jr. 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. BZA-3716.02, 322 Townsend (action) E. Horne moved to remove BZA-3716.02 from the table. Seconded by G. Hilts. On a voice vote, motion carried. S. Stachowiak updated the Board on this case. She stated that the original request was for setback, parking and landscaping variances. Thus, staff recommended denial of the original request at the January 9, 2003 BZA meeting. Since that time, the applicant had significantly revised the variance request. Now there are no setback or landscaping issues and the parking issue has been reduced to only a variance for 7 parking spaces. They need 29 spaces and have 22. Staff supports the new request due to the layout of the lot and the parking study that was provided by the applicant. John Peckham, Martin Properties, addressed the Board. He stated that he agrees with everything that S. Stachowiak presented and had nothing further to add. J. Siebold asked Mr. Peckham if the issue with employees having lunch outside at picnic tables had been resolved. Mr. Peckham stated that was resolved and the landscaping will be doubled in that area. E.Horne asked S. Stachowiak if the landscape plan is approved by the department. S. Stachowiak stated that it is approved by the department through the site plan review process. 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 he has seen a lot of properties with these same difficulties and he supports this request. G. Hilts moved to approve BZA-3716.02, 332 Townsend, a variance of 7 parking spaces. Seconded by G. BOARD OF ZONING APPEALS MEETING MINUTES FEBRUARY 13 2003 PAGE 4 Swix. VOTE YEA NAY Siebold x Hilts x Lain x McGrain x Horne x Swix x Burgess x Motion carried by a vote of 7-0. BZA-3716.02, 332 Townsend, has been approved. E. Rules of Procedure E. Horne asked about the status of the Rules of Procedure. S. Stachowiak stated that she is currently researching it. It has been on the agenda so long that it was recommended by Jim Ruff, Director,to start over at this point. She will be contacting the City Attorney's office and going from there. She will have a report for the Board at the March meeting. V. PUBLIC COMMENT - none Vl. APPROVAL OF MINUTES A. Minutes of January 9, 2003 G. Swix moved to approve the minutes of January 9, 2003. Seconded by G. Hilts. Unanimous voice vote to approve. VII. NEW BUSINESS VIII. ADJOURNMENT AT 7:55 p.m. Respectfully bmitted, Susan Stachowiak, Zoning Administrator f l! c_v Draft to Clerk:3/17/03 Approved: Clerk: MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS MARCH 13, 2003, 7:30 P.M. CITY COUNCIL CHAMBERS, 10T" FLOOR CITY HALL I. 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. Swix A. Frederick E. Horne F. Lain B. McGrain Absent: G. Hilts Excused Absence: J. Siebold requested an excused absence from the Board. Mr. Frederick moved to grant excused absence for J. Siebold. Second by E. Horne. On a voice vote,the motion carried 6-0. Staff: S. Stachowiak L. Davis 1. A quorum of at least five members was present, allowing voting action to betaken at the meeting. II. APPROVAL OF AGENDA A.Frederick moved to approve the agenda as written. Seconded by E.Horne. On a voice vote,the motion carried 6-0. II1. HEARINGS/ACTION A. BZA-3755.03, 2919 Pleasant Grove Sue Stachowiak presented the case. This is a request by Central Advertising Company on behalf of Friendship Baptist Church. The applicant proposes to erect two wail signs on the church building at 2912 Pleasant Grove that would have a combined area of 302 square feet. Section 1442.17(a) & (b) of the Sign Code permits one, 40 square foot wall sign for the subject building. Therefore, variances of 1 additional wall sign and 262 square feet to the sign area limit are requested. She also stated that this property had gone before the Planning Board for a Special Land Use permit since it is in a residentially zoned area. One of the stipulations to building this church at this location was that there be no access from Viking St. Staff is recommending denial of this case as they can see no drastic practical difficulty due to the fact that they can have a ground pole sign that will provide the same information needed. Mr. Mark Stanczak, Central Signs, addressed the Board. He reviewed the specifications of the signage and the reasoning behind it. Due to the fact that this building is so large, it needs a larger sign in order for the public to be able to identify it as a church. There is also the issue of the BOARD OF ZONING APPEALS MEETING MINUTES MARCH 13 2003 PAGE 2 setback from the road. He referred to pictures that he reviewed with the Board. Ms. Michelle Thelen, 2920 Pleasant Grove, addressed the Board. She stated that she didn't understand why the church would need a larger sign than what was permitted. She wanted to make sure that it wouldn't be a large, ugly sign with constant illumination. Mr.John Boles, 925 W. Main St., addressed the Board. He gave a history of the church and the fact that they have owned this site for more than 20 years. He stated that a regular sized sign would not be visible from the road. He also stated that Viking St. would not be used as access except for emergency vehicles. Mr. Kent Goodwin, 2922 Viking, addressed the Board. He stated that the permitted sign size is fine. He is concerned with any access from Viking St. B. Burgess asked if anyone wished to address the Board. Seeing none,the Board moved into the Committee of the Whole. B. Burgess read into the record a letter from Richard Sullivan at 2514 Victor Avenue opposing the requested variance. Mr. Frederick stated that he recalled this case that went before the Planning Board. He stated that, at that meeting,Viking St.was to be used as an entrance for emergency vehicles only. Also there was supposed to be burm/landscaping/buffering along Viking St. and the south side of the property to screen it from the neighborhood. He doesn't see the need for a sign at all due to those circumstances set forth at the Planning Board meeting. He stated that the only sign discussed was the sign at Pleasant Grove. He sees no practical difficulty and cannot support this request. E. Horne stated that she drove past the site and compared it with other sites of similar circumstances. She believes that the required size sign is sufficient. She sees no hardship and cannot support this request. G. Swix & B. McGrain stated that they cannot support request due to above mentioned statements. G. Swix moved to deny BZA-3755.03, 2912 Pleasant Grove, a variance of 1 additional wall sign and 262 square feet to the sign area limit. Seconded by B. McGrain. VOTE YEA NAY Frederick X Lain X McGrain X Horne X Swix X Burgess X Motion carried by a vote of 6-0. BZA-3755.03, 2912 Pleasant Grove, has been denied. BOARD OF ZONING APPEALS MEETING MINUTES MARCH 13 2003 PAGE 3 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—S. Stachowiak stated that she is continuing to work with the City Attorney's Office and should have information for the Board at the April meeting. V. PUBLIC COMMENT - none VI. APPROVAL OF MINUTES A. Minutes of January 9, 2003 G. Swix moved to approve the minutes of February 13, 2003. Seconded by F. Lain. Unanimous voice vote to approve. VII. NEW BUSINESS VIII. ADJOURNMENT AT 8.05 p.m. Respectfully ubmitted, Susan Stachowiak, Zon nag Administrator BOARD OF ZONING APPEALS MEETING MINUTES April 10 2003 Draft to Clerk: Approved: Clerk: MINUTES O fif-� ;R GULAR MEETING BOARD OF ZONING APPEALS APRIL 10, 2003, 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 G. Swix J. Siebold E. Horne F. Lain B. McGrain A. Frederick 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 Ms. Horne asked that "Logan Center Redesign Presentation" be added to the agenda under new business. G. Hilts moved, F. Lain seconded to approve the agenda with the addition of"Logan Center Redesign Presentation" under new business. On a voice vote, the motion carried 8-0. III. HEARINGS/ACTION A. BZA-3756.03, 5575 S. Pennsylvania Sue Stachowiak presented the case. The applicant proposes to provide a landscape buffer comprised of shrubs that range from 6 to 24 inches in height and spread. Section 1290.08 (c) of the Zoning Ordinance requires shrubs to be at least 24" in height and spread at time of planting. Therefore, variances of 18 inches to the height and spread requirements are requested. Staff recommended denial of the requested variances for lack of an adequate practical difficulty. Mr. Charlie Guyselman, 6005 W. St. Joseph Hwy., representing the applicant, spoke in favor of the request. Mr. Guyselman stated that landscaping should not be regulated by a zoning ordinance, and therefore, the applicant should not have to request a variance to reduce the height of the shrubs in the front yard. He stated that the applicant has constructed an attractive building and made significant site improvements, however, they do not want the shrubs to be so obtrusive as to block the view of the site. Mr. Dan Deter, Rand Construction, 1270 Rickett Road, Brighton, MI 48116, spoke in favor of his request. Ms. Stachowiak stated that the applicant could arrange the shrubs in groupings so as to allow space in between the clusters of shrubs. She said that this would achieve the same affect that the applicant is requesting through a variance. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. A. Frederick expressed his concerns about rendering the landscape standards ineffective by granting a variance for no other reason besides the applicant does not want to block his vehicles that area for sale. Mr. Swix stated that the required height of the shrubs is less that the height of a vehicle, and therefore, they should not be blocked at all. The Board members agreed that the applicant has not demonstrated a practical difficulty that would warrant approval of a variance. F. Lain moved to deny BZA-3756.03, 5575 S. Pennsylvania, a variances of 18 inches to the height and s read requirements for shrubs within a landscape buffer area, Seconded b A. Frederick. VOTE YEA NAY Siebold X Hilts X Lain X McGrain X Frederick X Horne X Swix X Burgess X Motion carried by a vote of 8-0. BZA-3756.03, 5575 S. Pennsylvania, has been unanimously denied. B. BZA-3757 03 200E Edgewood Blvd. Sue Stachowiak presented the case. The applicant proposes to install 6 additional wall signs at the Celebration Cinema complex, with a combined area of 1,260 square feet. Section 1442.13 (b) of the Zoning Ordinance limits wall signs to 2 per building, with a combined area not to exceed 200 square feet. The wall signs on the building are currently at the allowable limit. Therefore, variances of 6 additional signs to the quantity and an additional 1,260 square feet to the allowable area, are requested. Staff recommended that either the identification sign on the west side of the building and the third banner sign be eliminated, or the applicant demonstrate to the Board's satisfaction that these signs are integral to the success of the business. However, should the two signs described above be determined to not be necessary, staff recommends that 4 additional wall signs having a combined area not to exceed 840 square feet, based upon the practical difficulty as described in the staff report. Mr. Karl Dorshimer, Lansing Economic Development Corporation, spoke in support of the requested variance. Specifically, Mr. Dorshimer stated that the proposed IMAX Theater would be positive to the economic development of the City. Mr. John Loeks, 2121 Celebration Drive, spoke in support of his variance request. Mr. Loeks stated that an IMAX is a very unique type of theater and advertising is essential to its success. He stated that the wall sign on the west side of the building is not absolutely essential to their success, however, the three banner signs are. 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 banner signs are not visible from the street(s) and therefore, he does not see a need for a third banner sign. Mr. Hilts stated that the IMAX is practically a separate business by itself, and should therefore, be entitled to additional signage beyond what exists for Celebration Cinema. The Board members agreed that the applicant has established a sufficient practical difficulty to warrant the variances as recommended by staff. A. Frederick moved to approve, in part, BZA-3757.03, 200 E. Edgewood Blvd., a variance to permit 4 additional wall signs having a combined area not to exceed 840 square feet. Seconded by G. Hilts. VOTE YEA NAY Siebold X Hilts X Lain X McGrain X Frederick X Horne X Swix X Burgess X Motion carried by a vote of 8-0. BZA-3757.03, 200 E. Edgewood Blvd., has been unanimously approved. IV OLD BUSINESS A. BZA-3511.98, 901 N. Larch (no action) A. BZA-3553.99, 735 E. Michigan (no action) A. 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 13, 2003 A. Frederick moved to approve the minutes of March 13, 2003. Seconded by G. Swix. Unanimous voice vote to approve. VII. NEW BUSINESS A. Logan Center Redesign Presentation Emly Horne stated that she has been involved with the Landscape Architecture class through MSU that has been developing plans for the Logan Center. She distributed some information and invited all BZA member to attend this presentation at 12:00 p.m. on Tuesday, April 15th at the MSU International Center. VIII. ADJOURNMENT AT 8:45 p.m. Respectfully s mitted, L'� L - Susan Stachowiak, Zoning Administrator BOARD OF ZONING APPEALS MEETING MINUTES Mav 8 2003 Draft to Clerk: Approved: MINUTES OF THE REGULAR MEETING ' Clerk: BOARD OF ZONING APPEALS MAY 8, 2003, 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 J. Siebold A. Frederick E. Horne F. Lain B. McGrain Excused Absence: G. Swix 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 B. McGrain moved, E. Horne seconded to approve the agenda as printed. On a voice vote, the motion carried 7-0. III. HEARINGS/ACTION A. BZA-3758.03, 2801 Bryon Circle Sue Stachowiak presented the case. The applicant proposes to construct a sunroom addition that would have a 14' rear yard setback. Section 1248.09 of the Zoning Ordinance requires a 30' rear yard setback. Therefore, a variance of 16' is being requested. Staff recommended approval of the requested variance based upon compliance with the practical difficulty criteria set forth in Section 1246.06 (c) of the Zoning Ordinance. Mr. Dave McCardel, 2801 Bryon 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. A. Frederick stated that the practical difficulty is evidenced by the size and shape of the lot. The other Board members agreed with Mr. Frederick that there was a sufficient practical difficulty that would warrant a variance from the rear yard setback requirement. F. Lain moved to approve BZA-3758.03, 2801 Bryon Circle, a variance of 16 feet to the rear yard setback requirement, Seconded by A. Frederick. VOTE YEA NAY Siebold Hilts x Lain x McGrain x Frederick x Horne x Swix Burgess x Motion carried by a vote of 6-0. BZA-3758.03, 2801 Bryon Circle, has been unanimously approved. B. BZA-3759.03, 532 Tisdale Avenue Sue Stachowiak presented the case. The applicant proposes to construct an addition to the rear of his house that would be 24 feet from the rear property line, 3 feet from the side property line, and 16 feet from the front property line along Garfield St. The addition would consist of a 24' x 24' living area and a 24' x 24' attached garage. Sections 1248.07-1248.09 of the Zoning Ordinance require minimum setbacks for this property of 30 ft. for the rear; 4.25 ft. for the side, and 20 ft. for the front along Garfield St. Therefore, variances of 6 ft. to the rear, 1.25 ft. to the side, and 4 ft. to the front yard setbacks are requested. Staff recommended approval of the requested variance based upon compliance with the practical difficulty criteria set forth in Section 1246.06 (c) of the Zoning Ordinance. Thomas Doris, 532 Tisdale Avenue, 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 stated that the applicant could reduce the size of the proposed addition to comply with the setback requirements. G. Hilts stated that, in the past, the Board has approved variances for narrow corner lots, based upon the hardship of having to provide for two front yard setbacks. E. Horne moved to approve BZA-3759.03, 532 Tisdale Avenue, variances of 6 ft. to the rear, 1.25 ft. to the side, and 4 ft.to the front and setbacks. Seconded by F. Lain. VOTE YEA NAY Siebold Hilts x VOTE YEA NAY Lain X McGrain X Frederick X Horne X Swix Burgess X Motion carried by a vote of 5-1. BZA-3759.03, 532 Tisdale Avenue, has been approved. B. BZA-3760.03, 417 Carey Street Sue Stachowiak presented the case. The applicant proposes to construct a new, two-car garage 20' x 20' (400 square feet) at 417 Carey Street, that would have a 0' side yard setback. Section 1248.03(b)(2) of the Zoning Code states that each accessory structure shall not be closer than 3 feet from a side lot line. Therefore, the applicant is requesting a side yard setback variance of 3 feet. Staff recommended denial of the variance based upon the applicant's ability to construct the garage in a location that would meet the required 3 foot setback. Hugh Zweering, Supreme Garage, representing the applicant, spoke in favor of the request. Mr. Zweering stated that the applicant would like to place the garage further back on the lot where it will not interfere with the neighbor's garage, which is also on the property line. He also stated that the garage will have vinyl siding which does not require maintenance. 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 has a similar situation where her driveway goes right up to her side property line. However, she stated that the garage could be moved further into the property to comply with the 3 foot setback. A. Frederick stated that this case is similar to another recent request for a garage that was very close to the side property line. He said that the Board, at that time, required an easement onto the neighbor's property for maintenance of the garage. Mr. Frederick stated that he could support this request, if such an easement were in place, based upon the practical difficulty of the lot having such an odd shape. A. Frederick moved to approve BZA-3760.03, 417 Carey Street, a variance of 3 ft. to the side yard setback requirement for a detached garage, with the condition that a building permit cannot be issued until the applicant has obtained a 3-foot wide easement on the neighbor's property to the south for the length of the garage. Seconded by B. McGrain. VOTE YEA NAY Siebold Hilts X Lain X VOTE YEA NAY McGrain X Frederick X Horne X X Swix Burgess X Motion carried by a vote of 5-1. BZA-3760.03,417 Carey Street, has been approved. B. BZA-3761.03. 1915 Hyland Street Sue Stachowiak presented the case. The applicant proposes to construct an addition to the rear of the house at 1915 Hyland Street that would have a 10.5 foot front yard setback. Section 1248.07 of the Zoning Ordinance requires a minimum front yard setback for this property of 20 ft. In addition, the proposed addition would result in 41 percent of the lot being covered by structures. Section 1248.11 of the Zoning Ordinance permits a maximum allowable lot coverage of 40 percent for the subject property. Therefore, variances of 9.5 ft. to the front yard setback and 1 percent to the allowable lot coverage are requested. Staff recommended denial of the requested variances since a smaller room could be constructed that would be in compliance with setback and lot coverage regulations and would eliminate a potential "wall effect" that could be created by the addition of the sun room. Kathleen Simpson, 1915 Hyland Street, spoke in favor of her request. Ms. Simpson stated that there is another sunroom in her neighborhood that is very similar to what she is proposing. She stated that this sunroom is being built for her mother who will eventually come to live with her. 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 this request is similar to the one that was on Tisdale insofar as it is a corner lot with two front yard requirements. The other Board members agreed that there was some degree of practical difficulty associated with this request, however, they expressed concern about the addition itself and whether it could be scaled back to bring it further into compliance with the ordinance. The board members stated that they would like to see pictures of the other sunroom in the applicant's neighborhood and a diagram of how the proposed sunroom would fit in with the applicant's existing house. Ms. Simpson agreed to provide the board members with this information. E. Horne moved to table BZA-3761.03, 1915 Hyland Street, until the applicant provides the requested information. Seconded by A. Frederick. VOTE YEA NAY Siebold X Hilts X VOTE YEA NAY Lain X McGrain X Frederick X Horne X Swix Burgess X Motion carried by a vote of 7-0. BZA-3761.03, 1915 Hyland Street, has been tabled. IV OLD BUSINESS A. BZA-3511.98, 901 N. Larch (no action) A. BZA-3553.99, 735 E. Michigan (no action) A. BZA-3554.99, 907 W. Saginaw(no action) D. Rules of Procedure - Ms. Stachowiak stated that the proposed rules of procedure are for review by the Board members with possible discussion at the June meeting. V. PUBLIC COMMENT - none VI. APPROVAL OF MINUTES A. Minutes of April 10, 2003 A. Frederick moved to approve the minutes of April 10, 2003. Seconded by G. Hilts. Unanimous voice vote to approve. VII. NEW BUSINESS A. Excused absence for G. Swix E. Horne moved to approve an excused absence for G. Swix. Seconded by A. Frederick. Unanimous voice vote to approve. Vill. ADJOURNMENT AT 8:45 p.m. Respectfully ubmitted, Susan Stachowiak, ing-Administrator BOARD OF ZONING APPEALS MEETING MINUTES June91, 2603_. ." 1 -, Draft to Clerk: Approved: Clerk: MINUTES OF THE REGULAR_MEETING BOARD OF ZONING APPEALS June 12, 2003, 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 J. Siebold E. Horne F. Lain B. McGrain A. Frederick Absent: G. Swix 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 J. Siebold requested that an excused absence for the September meeting be added to the agenda under new business. E. Horne asked that the dedication ceremony at the South Precinct be added to the agenda under new business. A. Frederick moved, E. Horne seconded to approve the agenda with the two additions under new business. On a voice vote, the motion carried 7-0. III. HEARINGS/ACTION A. BZA-3763.03. 1128 Maryland Sue Stachowiak presented the case. This is a variance request by David Vick, owner of 1128 Maryland. The applicant is proposing to construct an addition to his existing front porch that would extend along the south side of the house. The porch/deck addition would be located 17 feet from the front property line along Maryland Street and 17 feet from the rear property line. Sections 1248.07 and 1248.09 of the Zoning Code require a minimum front yard setback of 20 feet and a minimum rear yard setback of 30 feet for the subject property. Therefore, variances of 3 feet to the front yard setback requirement and 13 feet to the rear yard setback requirement are requested. Ms. Stachowiak stated that staff is recommending approval of the request based upon the size and shape of the lot, which presents a practical difficulty to the applicant in being able to comply with the setback requirements. Ms. Stachowiak stated that she received one phone call from Ms. Evelyn Patchet, 1119 Maryland Street and a note from Mr. Steve Dean of 1501 E. Grand River Avenue, both of whom offered their support for this request. The applicant, David Vick, 1128 Maryland, spoke 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. The Board members agreed that the shape of the applicant's lot presents a practical difficulty that would warrant approval of a variance. A. Frederick moved to approve BZA-3763.03, 1128 Maryland, a variance of 3 feet to the front yard setback requirement and 13 feet to the rear yard setback requirement for the construction of a porch. Seconded by G. Hilts. VOTE YEA NAY Siebold X Hilts X Lain X McGrain X Frederick X Horne X Swix Burgess X Motion carried by a vote of 7-0. BZA-3763.03, 1128 Maryland, was unanimously approved. B. BZA-3764.03, 2010 W. Saginaw Sue Stachowiak presented the case. This is a variance request by Kirk Stone of Discount Signs. The applicant proposes to replace the sign on the existing pole at 2010 W. Saginaw Street that would have a 2.5 foot setback from its Stanley Street property line. Section 1442.12(5)(B) of the Sign Code requires a 19 foot setback from the Stanley Street property line for a sign that is 19 feet in height. Therefore, a variance of 16.5 feet to the setback requirement is requested. Staff recommended approval of the variance based upon the practical difficulty involved in displaying a sign that would be visible from three streets. Staff recommended that the approval be conditioned upon removal of the pole located at the southwest corner of the site. Ms. Stachowiak stated that she received a phone call froma resident of the area, Mr. Kris Nickoloff, expressing his support for the variance. The applicant, Kirk Stone of Discount Signs, 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. J. Siebold asked the applicant about traffic in the vicinity of the property. The Board members agreed that the applicant has established a sufficient practical difficulty to warrant the variance as recommended by staff. B. McGrain moved to approve BZA-3764.03, 2010 W. Saginaw, a variance of 16.5 feet to the setback requirement for a ground pole sign, with the condition that the pole located at the southwest corner of the site be removed. Seconded by E. Horne. VOTE YEA NAY Siebold X Hilts X Lain X McGrain X Frederick X Horne X Swix Burgess X Motion carried by a vote of 7-0. BZA-3764.03, 2010 W. Saginaw, has been unanimously approved. C. BZA-3765.03, 2304 Harding Sue Stachowiak presented the case. This is a variance request by Paul Premoe. The applicant proposes to construct an addition to the front of his house that would be 18 feet from the front property line. The addition would involve enlarging the front porch and extending a roof overhang. Section 1248.07 of the Zoning Ordinance requires a minimum front yard setback for this property that is equal to the average setback of the houses that are within 180 feet of this property and on the same side of the street. The average is 20.5 feet. Therefore, a variance of 2.5 feet to the front yard setback requirement is requested. Staff recommended approval of the variance based upon the practical difficulty created by the layout of the lot. The applicant, Paul Premore, 2304 Harding, spoke 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. Mr. Frederick stated that the applicant is at a disadvantage because of the other setbacks on the street, which is not a self created hardship. The Board members agreed that the applicant has established a sufficient practical difficulty to warrant the variance as recommended by staff. A. Frederick moved to approve BZA-3765.03, 2304 Harding, a variance of 2.5 feet to the front yard setback requirement. Seconded by F. Lain. VOTE YEA NAY Siebold X VOTE YEA NAY Hilts X Lain X McGrain X Frederick X Horne X Swix Burgess X Motion carried by a vote of 7-0. BZA-3765.03, 2304 Harding, has been unanimously approved. D. BZA-3766.03, Vacant Lot- Kingsley Ct. Sue Stachowiak presented the case. This is a request by Clarence Knox. The applicant proposes to construct a new 3-bedroom, 1-story house, with an attached carport on the vacant property between 1114 & 1130 Kingsley Court that would have a 17 foot rear yard setback. Section 1248.09 of the Zoning Code requires a minimum rear yard setback of 30 feet in the "B" Residential District. Therefore, a variance of 13 feet to the rear yard setback requirement is requested. Staff recommended approval of the variance based upon the practical difficulty created by the 66 foot depth of the lot. The applicant, Clarence Knox, 2803 Canarise, spoke 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. Mr. Frederick stated that if a variance is not granted, the lot would be unusable because it is impossible to situate a house on the lot that would comply with all setback requirements. Mr. Hilts stated that the applicant has clearly attempted to situate the house in a location that would have the least impact on setbacks. Ms. Horne asked the applicant if the house could be 11/ story so that it would be more in character with the neighborhood. Mr. Knox stated that he wishes to construct the single story that he has submitted. A. Frederick moved to approve BZA-3766.03, Vacant Lot, Kingsley Court, a variance of 13 feet to the rear yard setback requirement. Seconded by F. Lain. VOTE YEA NAY Siebold X Hilts X Lain X McGrain X VOTE YEA NAY Frederick X Horne X Swix Burgess X Motion carried by a vote of 6-1. BZA-3766.03, Vacant Lot, Kingsley Court, has been approved. E. BZA-3767.03, 3201 Boston Blvd. Sue Stachowiak presented the case. This is a request by Donald Helvie on behalf of the owner of 3201 Boston Blvd., Wendy Landes. The applicant proposes to construct a 22' x 22' attached garage at 3201 Boston Blvd. that would have a 19 foot rear yard setback. Section 1248.09 of the Zoning Code requires a minimum rear yard setback of 30 feet in the "A" Residential District. Therefore, a variance of 11 feet to the rear yard setback requirement is requested. Staff recommended denial of the case based upon the applicants ability to construct a detached garage that would comply with the setback requirements. The applicant, Don Helvie, 6647 Dewey Road, Ovid, MI, spoke in support of his request. The owner of the property, Ms. Wendy Landes, 3201 Boston Blvd., spoke in support of the request. Ms. Landes stated that if the garage were detached, it would interfere with their shed. 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 practical difficulty involving the narrow depth of this corner lot, and two front yard setback requirements. Mr. Lain stated that it does not make much sense to construct the garage right next to the house,just to get a reduced setback requirement. F. Lain moved to approve BZA-3767.03, 3201 Boston Blvd., a variance of 11 feet to the rear yard setback requirement for construction of a detached garage Seconded by A. Frederick. VOTE YEA NAY Siebold X Hilts X Lain X McGrain X Frederick X Horne X Swix VOTE YEA NAY Burgess X Motion carried by a vote of 6-1. BZA-3767.03, 3201 Boston Blvd., has been approved. F. BZA-3768.03, 120 E. Lenawee Sue Stachowiak presented the case. This is a request by Michael Kane of Gannett, Inc (Lansing State Journal). The applicant is requesting a variance to permit two wall signs, totaling 130 square feet in area at 120 E. Lenawee Street. 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 Capitol Center District. Therefore, this is a variance request for 90 square feet to the maximum allowable sign area. Staff recommended approval of the request based upon the practical difficulty of having such a large building. Mr. Michael Kane, applicant representing the Lansing State Journal at 120 E. Lenawee Street, spoke in favor of their request. Ms. Pam Jodway, also representing the Lansing State Journal, 120 E. Lenawee 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. G. Hilts asked if the number of signs proposed (2) was a reduction in the number of signs that are currently on the building. Ms. Stachowiak stated "yes". She said that there are currently 3 signs on the building and that would be reduced to 2. Mr. Frederick stated that the Board has often looked at sign variances positively when the result would be an overall reduction in the amount of signage. E. Horne moved to approve BZA-3768.03, 120 E. Lenawee, a variance of 90 square feet to the sign area limit. Seconded by G. Hilts. VOTE YEA NAY Siebold X Hilts X Lain X McGrain X Frederick X Horne X Swix Burgess X Motion carried by a vote of 7-0. BZA-3768.03, 120 E. Lenawee Street, has been unanimously approved. G. BZA-3769.03, 534 S. Fairview Sue Stachowiak presented the case. This is a request by Gilbert Mireles. The applicant is proposing to construct a 10' x 16' rear deck at 534 S. Fairview that would be located approximately 4 feet from the front property line along Elizabeth Street. The subject property is a corner lot. Section 1248.07(b) of the Zoning Code requires a minimum front yard setback of 20 feet for the subject property. Therefore, a variance of 16 feet is requested. Ms. Stachowiak stated that the layout of the lot prevents the application from constructed a deck that would comply with the ordinance. Ms. Irene Mireles, 534 S. Fairview, spoke in support of her 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 is very evident from the site layout. F. Lain moved to approve BZA-3769.03, 534 S. Fairview, a variance of 16 feet to the front yard setback requirement. Seconded by B. McGrain. VOTE YEA NAY Siebold X Hilts X Lain X McGrain X Frederick X Horne X Swix Burgess X Motion carried by a vote of 7-0. BZA-3769.03, 534 S. Fairview, has been unanimously approved. IV OLD BUSINESS A. BZA-3511.98, 901 N. Larch (no action) A. BZA-3553.99, 735 E. Michigan (no action) A. BZA-3554.99, 907 W. Saginaw(no action) A. BZA-3761.03, 1915 Hyland Street(action expected) E. Horne moved, seconded by A. Frederick to remove BZA 3761.03 from the table. On a voice vote, the motion carried 7-0. Ms. Stachowiak stated that the applicant has provided the information that was requested by the Board at the May meeting. She also stated that the applicant has reduced the size of the sunroom so that it now complies with the lot coverage requirement. A. Frederick moved to approve BZA-3761.03, 1915 Hyland Street, a variance of 9.5 feet to the front and setback requirement. Seconded by B. McGrain. VOTE YEA NAY VOTE YEA NAY Siebold X Hilts X Lain X McGrain X Frederick X Horne X Swix Burgess X Motion carried by a vote of 7-0. BZA-3761.03, 1915 Hyland Street, has been unanimously approved. A. BZA-3483.98, 1716 David Street(action expected) S. Stachowiak stated that this case involved a variance request to construct a communications tower at 1716 David Street, with a maximum height of 200 feet. The maximum height permitted by right in the "A" Residential District is 35 feet. The variance was approved with 6 conditions. The tower is constructed and all of the conditions have been satisfied with the exception of the following: (1) The proposed monopole tower replace the existing tower and (2) The existing communication antennas be relocated onto the new tower. The "existing" tower and communication antennas that these two conditions are referring to are owned by the City of Lansing Police Department. If the applicant (SBA, Inc.) were to fulfill the above conditions, it could have a negative impact on the City's use of this site by hindering it's ability to make changes to the tower without having to go through an elaborate approval process. The Planning Office is in agreement with the Police Department that they should have their own tower, rather than locating their equipment on a tower that is owned by a private corporation. Staff recommended approval of the request. G. Hilts moved to amend the original approval of BZA 3483.98 to eliminate the following conditions: 1. The proposed monopole tower replace the existing tower; 2. The existing communication antennas be relocated onto the new tower. and to reaffirm approval of the height variance with the remaining 4 conditions as follows: 1. The tower provide for co-location of antennas; 2. The contract with the City include language helping ensure the compatibility of the use of this tower with hospitals; 2. Landscaping be added around the base of the tower to buffer the view of the base from surrounding properties; 3. The tower be appropriately fenced for security. Seconded by A. Frederick. VOTE YEA NAY Siebold X Hilts X Lain X McGrain X Frederick X Horne X Swix Burgess X Motion carried by a vote of 7-0. BZA-3483.98.03, 1716 David Street, has been unanimously approved. A. Rules of Procedure G. Hilts moved, seconded by E. Horne to forward the Rules of Procedure to the City Attorney's Office for review. On a voice vote, the motion carried 7-0. V. PUBLIC COMMENT - none VI. APPROVAL OF MINUTES A. Minutes of May 8, 2003 A. Frederick moved to approve the minutes of May 8, 2003 with a correction to page 3, which lists E. Horne as having voted both for and against the motion. Seconded by F. Lain. Unanimous voice vote to approve. VII. NEW BUSINESS A. A. Frederick moved, seconded by G. Hilts to grant an excused absence to J. Siebold for the September 11, 2003 meeting. Unanimous voice vote to approve. B. South Precinct Dedication Ceremony. E. Horne stated that a dedication ceremony was being held at 10:00 a.m. on Friday,June 23, 2003 at the South Precinct. She invited all of the BZA members to attend. VIII. ADJOURNMENT AT 9:00 p.m. Respectfully submitted, Susan Stachowiak, Zoning Administrator BOARD OF ZONING APPEALS MEETING MINUTES July 10 2003 1 Draft to Clerk: Approved: Clerk: MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS July 10, 2003, 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 J. Siebold E. Horne F. Lain B. McGrain A. Frederick G. Swix 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 A. Frederick moved, E. Horne seconded to approve the agenda as printed. On a voice vote, the motion carried 8-0. III. HEARINGS/ACTION A. BZA-3770.03, 327 W. Grand River Sue Stachowiak presented the case. This is a request by Mustafa Hajj and Tah-Sha Leek 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 yard of the property located at 327 W. Grand River Ave. 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 to the height limit for a front yard fence is being requested. Staff recommended denial of the variance based upon the substantial size of the applicant's back yard. Mr. Mustafa Haji, 327 W. Grand River, spoke in support of his request. Mr. Haji stated that there is a lot of trespassing on his property which limits the enjoyment of their yard. He stated that the fence would not only provide for more privacy, but would also prevent people from cutting across his yard. Ms. Sandra Martinez, 323 W. Grand River, spoke in support of the applicant's request. Ms. Martinez stated that the fence will reduce trespassing in the area. Mr. Sam Nealy III, 326 W. Grand River, spoke in support of the applicant's request. Mr. Nealy stated that there is a lot of crime in this area and the applicant's are improving the neighborhood. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Siebold asked the applicant how the fence will reduce crime in the area. Mr. Haji stated that the fence will keep people from being able to cut across his back yard. Mr. Hilts stated that the BZA has approved other requests for front yard fences on corner lots where there is a heavy volume of traffic in the area. Mr. Frederick stated that his concern is safety. He asked Ms. Stachowiak if moved the fence 8 feet to the east would allow for clear vision when exiting the driveway. Ms. Stachowiak stated that if the fence were to be moved 8 feet to the east, it would get it out of the corner clearance area as required by ordinance. A. Frederick moved to approve BZA-3770.03, 327 W. Grand River, a variance to permit a 6-foot high fence in the front yard, with the condition that the fence is relocated 8-feet east of it's current location. Seconded by G. Swix. VOTE YEA NAY Siebold X Hilts X Lain X McGrain X Frederick X Horne X Swix X Burgess X Motion carried by a vote of 7-0. BZA-3770.03, 327 W. Grand River,was unanimously approved. B. BZA-3771.03,401 W. Greenlawn Sue Stachowiak presented the case. This is a variance request by Apex Sign Company on behalf of Ingham Regional Medical Center. The applicant proposes to construct a ground pole sign at 401 W. Greenlawn that would be 62.32 square feet in area. Section 1442.12(7)(B) of the Sign Code permits a maximum of 40 square feet of sign area for a ground pole sign on the subject property. Therefore, a variance of 22.32 square feet to the sign area limit is requested. Staff recommended denial of the variance for lack of a practical difficulty. Mr. Denny O'Reilly,Apex Signs, spoke in support of his case. 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 Ingham Regional Medical Center already has a substantial amount of signage. Mr. Frederick stated that a sign identifying the cancer center is necessary, however, he cannot justify the increase in square footage. F. Lain moved to deny BZA-3771.03, 401 W. Greenlawn, a variance of 22.32 square feet to the sign area limit. Seconded by G. Hilts. VOTE YEA NAY Siebold X Hilts X Lain X McGrain X Frederick X Horne X Swix X Burgess X Motion carried by a vote of 8-0. BZA-3771.03, 401 W. Greenlawn, has been unanimously denied. C. BZA-3772.03, 1109 W. Barnes Avenue Sue Stachowiak presented the case. This is a variance request by James R. Goulding. The applicant proposes to construct a new single family dwelling at 1109 W. Barnes Avenue, located at the southwest corner of W. Barnes and S. ML King Blvd., that would be 2.3 feet from the side property line. Section 1248.08(b)(2)(B) of the Zoning Ordinance requires a minimum side yard setback of 3.3 feet for the subject property. Therefore, a variance of 1 foot to the side yard setback requirement is requested. Staff recommended approval of the variance based upon the practical difficulty of the subject property being only 33 feet in width. Bob Maynard, the applicant, spoke in favor of his request. Mr. Maynard showed the Board a drawing of what the house will look like once it is built. 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 33 foot width of the lot does present a practical difficulty for the applicant in trying to fit a normal sized house on the lot that would comply with all setback regulations. The Board members agreed that the applicant has established a sufficient practical difficulty to warrant the variance as recommended by staff. A. Frederick moved to approve BZA-3772.03, 1109 W. Barnes Avenue, a variance of 1 foot to the side yard setback requirement. Seconded by B. McGrain. VOTE YEA NAY Siebold X VOTE YEA NAY Hilts X Lain X McGrain X Frederick X Horne X Swix X Burgess X Motion carried by a vote of 8-0. BZA-3772.03, 1109 W. Barnes, has been unanimously approved. IV OLD BUSINESS A. BZA-3511.98, 901 N. Larch (no action) A. BZA-3553.99, 735 E. Michigan (no action) A. BZA-3554.99, 907 W. Saginaw(no action) V. PUBLIC COMMENT - none Vl. APPROVAL OF MINUTES A. Minutes of June 12, 2003 A. Frederick moved to approve the minutes of June 12, 2003 as presented. Seconded by G. Hilts. Unanimous voice vote to approve. VII. NEW BUSINESS A. G. Hilts moved, seconded by A. Frederick to grant an excused absence to G. Swix for the August 14, 2003 meeting. Unanimous voice vote to approve. Vill. ADJOURNMENT AT 8:30 p.m. Respectfully s mitted, Susan Stachowiak, Zoning Administrator BOARD OF ZONING APPEALS MEETING MINUTES September 11, 2003 f' ` Draft to Cle'rk =. Approved: berka i 1 MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS September 11, 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 F. Lain B. McGrain A. Frederick G. Swix 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 A. Frederick moved, E. Horne seconded to approve the agenda as printed. On a voice vote, the motion carried 6-0. III. HEARINGS/ACTION A. BZA-3773.03, 120 N. Washington Square Sue Stachowiak presented the case. This is a request by Scott A. Harrison, PGRS Michigan Avenue, LLC, for a variance to permit one additional wall sign on the building at 120 N. Washington Square which currently has three existing wall signs. Section 1442.24(b)(1) of the City Sign Code permits a maximum of two wall signs per building in the Capitol Center District. Therefore, this is a variance request for 2 to the allowable number of signs. Staff recommended approval of the variance based upon it's ability to satisfy the criteria set forth in Section 1244.06 of the Zoning Ordinance. Scott Harrison, 120 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. Frederick stated that this building consumes a very large area and since the signs, collectively, do not exceed the area limitation, he could support the variance. B. McGrain moved to approve BZA-3773.03, 120 N. Washington Square, a variance to ermit 2 additional wall sign at 120 N. Washington Square. Seconded by G. Swix. VOTE YEA NAY Hilts X Lain McGrain X Frederick X Horne X Swix X Burgess X Motion carried by a vote of 6-0. BZA-3773.03, 120 N. Washington Sq., was unanimously approved. B. BZA-3775.03,3809 Starlight Lane Sue Stachowiak presented the case. This is a variance request by Antoine & Carolyn Smith to permit a 1-chair hair salon in their home at 3809 Starlight that would have a swivel chair, one hair dryer and one hair sink. Section 1248.03(e)(7) of the Zoning Code prohibits the use of equipment for a home occupation that is not normally used for purely domestic or household purposes. Therefore, a variance to allow the use of hair salon equipment for a home occupation at 3809 Starlight is requested. Staff recommended approval of the request. Ms. Stachowiak stated that she does not believe that the hair salon will be a detriment to the neighborhood. Ms. Robin Smith, 3501 Ronald Street, stated that she is speaking on behalf of the applicants. Ms. Smith stated that the applicant's proposal will not negatively impact the neighborhood. Mr. Clinton Canady III, 3828 W. Holmes, spoke in opposition to the request. Mr. Canady stated that his parents live very close to this proposed hair salon, and they do not wish to have a commercial use in their neighborhood. Ms. Sheyrl Little Fletcher, 3801 Starlight Lane, stated that she lives right next door to the applicants and she is opposed to having a business in this neighborhood. Mr. James Tate,2826 Starlight Lane, expressed his opposition to this proposal. Dr. Clinton Canady, Jr., 3808 W. Holmes Road, stated his opposition to the variance request. Mr. Antoine Smith, 3809 Starlight Lane, the applicant, spoke in support of his request. Mr. Smith stated that this is his neighborhood also, and he would not do anything that would negatively impact it. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Frederick spoke in support of the request. He stated that the BZA cannot prevent the hair salon. He explained that the only issue is the use of the professional hair salon equipment. Mr. Swix stated that he cannot support the request given the strong neighborhood opposition. Mr. Burgess stated that he does not believe that the salon will expand it's business since they service only their family and church friends. The Board members discussed placing a limit on the hours and days that the hair salon could operate. A. Frederick moved to approve BZA-3775.03, 3809 Starlight Lane, a variance to permit the use of a swivel chair, hair dryer and sink for the operation of a hair salon as a home occupation, with the condition that no signage is used and the operation of the salon is limited to 8:00 a.m. to 7:00 p.m., on Wednesdays, Thursdays, Fridays and every other Saturday. Seconded by F. Lain. VOTE YEA NAY Hilts X Lain X McGrain X Frederick X Horne X Swix X Burgess X Motion failed by a vote of 3-4. BZA-3775.03, 3809 Starlight Lane, has been denied. C. BZA-3776.03, 1020, 1022 and 1026 W. Mt. Hope Sue Stachowiak presented the case. This is a request by Bishop Nathaniel Edwards on behalf of the Apostolic Tower of Power Temple. The applicant is seeking to establish a church at 1020, 1022 and 1026 W. Mt. Hope that would have seating for 75 people and 5 on-site parking spaces. Section 1284.13(b)(1) of the Zoning Code requires one parking space for each three seats in the main unit of worship, or 25 parking spaces for the subject site. Therefore, a variance of 20 parking spaces is requested. Staff recommended approval of the variance based upon it's ability to satisfy the criteria set forth in Section 1244.06 of the Zoning Ordinance. Bishop Nathaniel Edwards, 1020-1026 W. Mt. Hope, spoke in support of his request. Mr. Pat Shockley, 3514 Karen Street, representing the Polish Hall that is next door to the proposed church, spoke in opposition to the variance. Ms. Joyce Brennen, 614 N. Deerfield, spoke in opposition to the variance. Ms. Brennen is also a member of the Polish Hall. Mr. Haywood Edwards,329 Spinnaker, spoke in support of the variance. Ms. Pat Krysinski, 412 W. Northrup, spoke in opposition to the variance. Ms. Brennen is also a member of the Polish Hall. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Frederick explained the process that the church has gone through with the Planning Board to obtain the special land use permit. He spoke in support of the variance and asked Bishop Edwards if he would consent to the day liquor license for the church. Bishop Edwards stated that he would consent to the liquor license. Mr. Swix stated that he is concerned about people parking on the side streets. Mr. McGrain questioned the impact of the church on the liquor license for the Polish Hall. Ms. Stachowiak stated that the church would not impact any existing licenses in the area. A. Frederick moved to approve BZA-3776.03, 1020, 1022-1026 W. Mt. Hope, a variance of 20 spaces to the parking requirement. Seconded by G. Hilts. VOTE YEA NAY Hilts X VOTE YEA NAY Lain X McGrain X Frederick X Horne X dsSwix X Burgess X Motion carried by a vote of 5-2. BZA-3776.03, 1020, 1022 and 1026 W. Mt. Hope, has been approved. D. BZA-3777.03,Vacant Lot, Selfridge Sue Stachowiak presented the case. This is a request by Terry Blauvett, 143 N. Aurelius Road, Mason, MI. The applicant is proposing to construct a 27'4" x 50' modular home on a vacant lot located directly west of 5705 Selfridge Blvd. that would be 62" from the rear property line. Section 1248.09 of the Zoning Code requires a minimum rear yard setback of 30 feet. Therefore, a variance of 24'10" to the rear yard setback requirement is requested. Staff recommended approval of the request. Ms. Stachowiak stated that this request represents a true practical difficulty insofar as the lot would be unbuildable without a variance. Mr. Terry Blauvett, 143 N. Aurelius Road,spoke in support of his request. Mr. Donald Comisky, 5705 Selfridge, spoke in opposition to having a modular home on this lot. Ms. Gloria Anguiano, 5711 Selfridge, spoke in opposition to the request. She stated that this is a nice neighborhood and a modular home would not fit with it's character. Ms. Dennis Dorin, 5705 Selfridge, spoke in opposition to the request. Mr. Doris said that there are other modular homes in the City and they are not well cared for. Ms. Lanny Clark, 2109 Pollard, spoke in opposition to the 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 the subject lot represents a true practical difficulty for the applicant since the lot is only 57 feet in depth, and is therefore, unbuildable unless a variance is granted for either the front or the rear yard setback. G. Swix moved to approve BZA-3777.03, Vacant Lot on Selfridge, a variance of 24.10 feet to the rear yard setback requirement. Seconded by A. Frederick. VOTE YEA NAY Hilts X Lain X VOTE YEA NAY McGrain X Frederick X Horne X Swix X Burgess X Motion carried by a vote of 7-0. BZA-3777.03, Vacant Lot, Selfridge, has been unanimously approved. E. BZA-3778.03, 4924 S. Cedar Street Sue Stachowiak presented the case. This is a request by Zuher and Jamal Qonja for a variance of 3 feet to the landscape buffer width and 9 feet to the rear yard setback requirement for a new car wash and gas station at 4924 S. Cedar Street. Staff recommended approval of the variances, conditioned on placement of an 8 foot high concrete wall extending along the rear property line and connecting to the southwest corner of the car wash; on a finding that the request does comply with the criteria of Sections 1244.06(e) and 1246.06(c) necessary for approval of a variance, as described in the staff reports for the request. Mr.Tarek Zoabi, 26705 Doxtator, Parkside Court, spoke in support of his request. Mr.Zuher Qonja, 2595 Manchester, spoke in support of his request. Ms. Jan Patrick, 328 E. Syringa, spoke on behalf of the neighborhood group in this area. She stated that the neighbors are opposed to this project because of it's potential impact on noise and traffic in the area. 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 barrels on the property need to be removed. Ms. Horne asked about the hours of operation for the car wash, as it will be very close to a residential area. Mr. Frederick stated that the driveways should be designed to prohibit left turns both into and out of the site. He further stated that there should be adequate signage to notify drivers of this restriction in order to prevent conflicts. The applicants stated that they were opposed to this condition because it would prevent all traffic heading north from entering their property. Mr. Frederick stated that this is a safety issue as it is dangerous to make left turns in this area. He also said that the Rite Aid in this area already has these restricted access points. After discussion, Mr. Frederick recommended tabling this issue to receive input from the Transportation Engineers. A. Frederick moved to table BZA-3778.03,4924 S. Cedar. Seconded by E. Horne. VOTE YEA NAY Hilts X Lain X McGrain X Frederick X Horne X Swix X Burgess X Motion carried by a vote of 6-1. BZA-3778.03, 4924 S. Cedar, has been tabled. F. BZA-3779.03, 515 Cherry Street Sue Stachowiak presented the case. This is a request by Capital Area Properties, Inc. to construct a 54' x 18' carport at 515 Cherry Street that would have a zero foot rear yard setback. Section 1268.08 of the Zoning Code requires a 25 foot rear yard setback for all structures in the "F" Commercial District. Therefore, a variance of 25 feet to the rear yard setback requirement is requested. Staff recommended approval of the variance based upon it's ability to satisfy the criteria set forth in Section 1244.06 of the Zoning Ordinance. Mr. Jeff Riley, 515 Cherry Street,spoke 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. The Board stated that the block building to the north of the applicant's property is a blight on the neighborhood. The Board members also agreed that the carport should be 3 feet of the rear lot line so that the owner can behind it for maintenance purposes. F. Lain moved to approve BZA-3779.03, 515 Cherry Street, a variance of 22 feet to the rear yard setback requirement. Seconded by G. Hilts. VOTE YEA NAY Hilts X Lain X McGrain X Frederick X Horne X Swix X Burgess X Motion carried by a vote of 7-0. BZA-3779.03, 515 Cherry Street, has been unanimously approved. G. BZA-3780.03, 561 Tisdale Sue Stachowiak presented the case. This is request by Ms. Navarette-Rodriguez to construct a concrete pad for parking in the rear yard, at 561 Tisdale St. Section 1248.11 of the Zoning Ordinance restricts the area of a lot covered by impermeable surfaces to not exceed 55% of the total lot area. The concrete pad would result in 64% of the lot covered by impermeable surfaces. Therefore, a variance of 9% to the maximum lot area coverage requirement of Section 1248.11 is requested. Staff recommended approval of the variance based upon it's ability to satisfy the criteria set forth in Section 1244.06 of the Zoning Ordinance. Mr. Natan Espino, 571 Tisdale, spoke in support of the request on behalf of the owners. 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 applicant's practical difficulty of not having adequate room on a one-lane driveway to park their vehicles. F. Lain moved to approve BZA-3780.03, 561 Tisdale, a variance of 9% to the maximum lot coverage restriction, with the condition that drainage is confined to the applicant's property. Seconded by G. Swix. VOTE YEA NAY Hilts X Lain X McGrain X Frederick X Horne X Swix X Burgess X Motion carried by a vote of 7-0. BZA-3780.03, 561 Tisdale, has been unanimously approved. H. BZA-3781.03, 329 E. Syringa Sue Stachowiak presented the case. This is request by James Schadler. The applicant is proposing to split off the west 3.5 feet of his property at 329 E. Syringa and combine it with the property at 325 E. Syringa. As a result of this split, the newly constructed house at 329 E. Syringa will have a 3.5 foot side yard setback. Section 1248.08 of the Zoning Ordinance requires a minimum side yard setback of 6 feet. Therefore, a variance of 2.5 feet to the side yard setback requirement is requested. Staff recommended approval of the variance based upon it's ability to satisfy the criteria set forth in Section 1244.06 of the Zoning Ordinance. Mr. Stephen Holland,3100 Pinetree Road, spoke in support of his request. Mr. James Schadler, 120 E. Holmes Road, spoke in support of his request. Mr. Schadler explained that this was the easiest and most cost effective way of dealing with the lawsuit filed by his next door neighbor claiming adverse possession of 3.5 feet of his property. Ms. Barb Smith, 214 E. Syringa, spoke in support of the variance. Mr. Jim Smith, 214 E. Syringa, also spoke in support of the variance. Ms. Jan Patrick, 328 E. Syringa, spoke in opposition to the request on behalf of herself and several other neighbors in the area. Ms. Patrick stated that the applicant knew about the neighbor's claim of adverse possession before he started building. She also expressed concern about the grading on the applicant's property and about the driveway being directly across from hers. Mr. Ann Schadler, 120 E. Holmes Road, 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. Frederick stated that the neighborhood strongly opposed any rezoning of this property as they wanted it to remain residential. He further said that now when someone is building a residential home, the neighbors are still opposed. He said that the applicant clearly did not create this situation and since it would not physically change anything on the property, he is supportive of the variance. Mr. McGrain stated that the drainage and alignment of the driveway is really not the issue before the board. F. Lain moved to approve BZA-3781.03, 329 E. Syringa, a variance of 2.5 feet to the side yard setback requirement Seconded by A. Frederick. VOTE YEA NAY Hilts X Lain X McGrain X Frederick X Horne X Swix X Burgess X Motion carried by a vote of 6-1. BZA-3781.03, 329 E. Syringa, has been approved. I. BZA-3782.03, 3010 S. ML King Sue Stachowiak presented the case. This is request by Percy Bean, Jr. for Popeyes Chicken & Biscuits located at 3010 S. Martin Luther King, Jr. Blvd. The applicant is requesting a variance to allow a 30' high, 148.88 square foot ground sign to be setback 20 feet from the front property line at 3010 S. MLK.. Section 1442.12(h)(5)(b) of the Sign Code requires a setback of 30 feet for a sign that is 30 feet in height. Therefore, a variance of 10 feet to the required setback is requested. Staff recommended approval of the variance based upon it's ability to satisfy the criteria set forth in Section 1244.06 of the Zoning Ordinance. Mr. Percy Bean, 136 Abbington Circle, Battle Creek, spoke in support of his request. Mr. Bean stated that he could reduce the height of the sign to 28 feet. 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 with a restriction for no additional ground pole signs on this site or the property to the north, they could support the request since it would be an overall reduction in the amount of signage in the area. A. Frederick moved to approve BZA-3782.03, 3010 S. ML King, a variance of 8 feet to the setback requirement, with the condition that the applicant place a deed restriction on the lot to the north stating that no additional ground pole signs are erected and with the condition that the lots be combined through the Assessor's Office. Seconded b A. Frederick. VOTE YEA NAY Hilts X Lain X McGrain X Frederick X Horne X Swix X Burgess X Motion carried by a vote of 7-0. BZA-3782.03, 3010 S. ML King, has been unanimously approved. J. BZA-3783.03, 5400 S. ML King Sue Stachowiak presented the case. This is request by Mr. John Boles, representing Immanuel's Temple Church to permit a second ground sign at 5400 S. MLK. The ground sign under consideration is sixty (60) square feet in area and is located near the Jolly Road entrance to the church. Section 1442.12(7)(A) of the Sign Code permits a maximum area of fifty (50) square feet for institutional ground pole signs. Therefore, a variance of 60 square feet to the allowable sign area is requested. Staff recommended approval of the variance based upon it's ability to satisfy the criteria set forth in Section 1244.06 of the Zoning Ordinance. Pastor Owens, 5400 S. ML King , spoke in support of his request. Mr. John Boles, 5400 S. ML King , spoke in support of his request. Mr. Boles assured the Board that he will obtain permits prior to construction in the future. 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 the applicant has established a practical difficulty with regard to the size of the site with access on 2 major streets. F. Lain moved to approve BZA-3783.03, 5400 S. ML King, a variance of 60 square feet to the allowable sign area requirement, with the condition that the lights not exceed 1.5 foot candies in intensity and with the condition that the applicant plant some low shrubs around the entrance to the site on Jolly Road. Seconded by E. Horne. VOTE YEA NAY Hilts X Lain X McGrain X Frederick X Horne X Swix X Burgess X Motion carried by a vote of 7-0. BZA-3783.03, 5400 S. ML King, has been unanimously approved. K. BZA-3785.03, 1215 E. Michigan Avenue Sue Stachowiak presented the case. This is request by Sparrow Health Systems to permit a third ground sign at 1215 E. Michigan Avenue. The applicant proposes to erect a 13' tall, 104.49 square foot ground sign at the northeast corner of Michigan and Pennsylvania Avenue. Section 1 442.12(7)(A) of the Sign Code permits a maximum area of fifty (50) square feet in sign area and eight(8) feet in height for institutional ground pole signs. Therefore, variances of 104.49 square feet to the allowable sign area and 5 feet to the allowable height are requested. Staff recommended approval of the variance based upon it's ability to satisfy the criteria set forth in Section 1244.06 of the Zoning Ordinance. Mr. Ira Ginsburg, 1215 E. Michigan Avenue, spoke 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. The board members agreed that the applicant has established a sufficient practical difficulty with regard to the need for directing people to the proper locations within the hospital complex with the least amount of confusion. A. Frederick moved to approve BZA-3785.03, 1215 E. Michigan, a variance of 104.49 square feet to the allowable sign area and 5 feet to the allowable sign height. Seconded by B. McGrain. VOTE YEA NAY Hilts X Lain X McGrain X Frederick X Horne X Swix X VOTE YEA NAY Burgess X Motion carried by a vote of 7-0. BZA-3785.03, 1215 E. Michigan Ave., has been unanimously approved. L. BZA-3733.02, 324 Mason(Reconsideration) Sue Stachowiak presented the case. This is request by Adam and Jennifer Sayer to reconsider a variance to permit an addition to an existing garage at 324 E. Mason Street that would have a 2.5-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 6 feet to a side lot property line in an "A" Residential Zoning District. In 2002, the BZA approved a variance to permit the applicants to have a 790 square foot garage. Section 1248.03 (b)(5) permits a maximum garage area of 790 square feet. Therefore, a side yard setback variance of 3.5 feet and a variance of 746 square feet of garage area is requested. Ms. Stachowiak stated that the Board must first determine whether changes have occurred that would warrant reconsideration. She stated that the applicants have found that their garage is actually 2.5 feet from the side property line instead of zero as originally considered. In addition, the applicants have decided to add on to their home to make it more of a dominant feature of the lot. A. Frederick moved to reconsider BZA-3733.02, 324 E. Mason Street, at the October 9, 2003 BZA meeting. Seconded by F. Lain. VOTE YEA NAY Hilts X Lain X McGrain X Frederick X Horne X Swix X Burgess X Motion carried by a vote of 6-1. BZA-3733.02, 324 E. Mason Street, will be reconsidered at the 10/9103 BZA meeting. IV OLD BUSINESS A. BZA-3511.98, 901 N. Larch (no action) A. BZA-3553.99, 735 E. Michigan (no action) A. BZA-3554.99, 907 W. Saginaw(no action) V. PUBLIC COMMENT - none VI. APPROVAL OF MINUTES A. Minutes of July 10, 2003 A. Frederick moved to approve the minutes of July 10, 2003 with the addition of a statement that the variance on Barnes Avenue will not affect the house directly to the south. Seconded by F. Lain. Unanimous voice vote to approve. VII. NEW BUSINESS - None Vill. ADJOURNMENT AT 11:47 p.m. Respectfully su mitted, Su an Stachowiak, Zoning Administrator BOARD OF ZONING APPEALS MEETING MINUTES Oc"to'ber 9 2003 1 i Praft,to Clerk: `Approved: Clerk: MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS October 9, 2003 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 F. Lain J. Siebold A. Frederick G. Swix 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 A. Frederick moved, E. Horne seconded to approve the agenda with the addition of "chairman's observations" and "excused absence for B. McGrain" under new business. On a voice vote, the motion carried 7-0. III. HEARINGS/ACTION A. BZA-3786.03, 401 S. Washington Square Sue Stachowiak presented the case. This is a request by Richard Karp, representing Arbaugh Redevelopment. The applicant proposes to utilize the existing building at 401 S. Washington Square for 47, 2-bedroom and 3, 1-bedroom residential units. Section 1258.06 of the Zoning Ordinance requires 46,750 square feet of lot area for this number of residential units in the "G-V Business District. The lot area associated with this use is 33,965 square feet in area. Therefore, a variance of 12,785 square feet to the required lot area is requested. Staff recommended approval of the variance based upon it's ability to satisfy the criteria set forth in Section 1244.06 of the Zoning Ordinance. Richard Karp, 107'/z E. Grand River Avenue, spoke in support of his variance request. Mr. Karp stated that he may change the number of bedroom units, however, it would still be within what is allowed for 46,750 square feet of lot area. 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 this is exactly the type of development that the Master Plan encourages for the downtown area. E. Horne agreed with Mr. Frederick stating that she was on the Planning Board for several years, and adaptive reuse of older buildings for residential development is a goal of the master plan for this area. G. Swix stated that the practical difficulty is evident given the limited lot size available for this project. E. Horne moved to approve BZA-3786.03, 401 S. Washington Square, a variance of 12,785 square feet to the required lot area is requested. Seconded by G. Swix. VOTE YEA NAY Hilts X Lain X Siebold X Frederick X Horne X Swix X Burgess X Motion carried by a vote of 7-0. BZA-3786.03, 401 S.Washington Sq.,was unanimously approved. B. BZA-3787.03, 717 E. Shiawassee Sue Stachowiak presented the case. This is a variance request by the City of Lansing, Management Services Department, Building Maintenance Division. The applicant proposes to construct a 24' x 164', 3,936 square foot accessory structure at the Oak Park Maintenance site at 717 E. Shiawassee Street that would be located two (2) feet from the side (west) lot line. Section 1248.03(b)(6) of the Zoning Ordinance requires a six (6) foot side yard setback for any accessory structures more than 1,000 square feet in area. Therefore, a variance of four (4) feet to the side yard setback requirement is requested. Staff recommended approval of the variance based upon it's ability to satisfy the criteria set forth in Section 1244.06 of the Zoning Ordinance. Martin Riel, 621 E. Hazel Street, representing the Lansing Building Maintenance Department, spoke in support of his request. Mr. Riel stated that if the building were to be moved further to the east, it would interfere with on-site circulation and use of the fuel station in the middle of the drive path. He also said that there was a building in this same location that was recently demolished. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Frederick spoke in support of the request. He stated that this variance will not negatively affect any of the surrounding neighbors. G. Swix moved to approve BZA-3787.03, 717 E. Shiawassee, a variance of 4 feet to the side yard setback requirement. Seconded by G. Hilts. VOTE YEA NAY Hilts X VOTE YEA NAY Lain X Siebold X Frederick X Horne X Swix X Burgess X Motion carried by a vote of 7-0. BZA-3787.03, 717 E. Shiawassee, has been unanimously approved. IV OLD BUSINESS A. BZA-3511.98, 901 N. Larch (no action) A. BZA-3553.99, 735 E. Michigan (no action) A. BZA-3554.99, 907 W. Saginaw(no action) D. Rules of Procedure (no action) E. BZA-3778.03, 4924 S. Cedar Street A. Frederick moved, seconded by G. Hilts, to removed BZA-3778.03 from the table. On a voice vote, the motion carried 7-0. Sue Stachowiak presented the case. This is a request by Zuher and Jamal Qonja for a variance of 3 feet to the landscape buffer width and 9 feet to the rear yard setback requirement for a new car wash and gas station at 4924 S. Cedar Street. Staff recommended approval of the variances, conditioned on placement of an 8 foot high concrete wall extending along the rear property line and connecting to the southwest corner of the car wash; on a finding that the request does comply with the criteria of Sections 1244.06(e) and 1246.06(c) necessary for approval of a variance, as described in the staff reports for the request. Ms. Stachowiak stated that this request was tabled at the September meeting to allow enough time for the Transportation Engineer to make recommendations on the driveways. She said that these comments are attached to the staff report and essentially involve making the north driveway a right turn in only and making the south drive a full movement driveway. Mr. Tarek Zoabi, 26705 Doxtator, Parkside Court, spoke in support of his request. Mr. Zoabi said that he objects to the requirement of a wall along the north property line. 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 wall is necessary to protect the neighborhood from the noise of the car wash and other activities on the lot. Mr. Lain asked if the wall would be cinder block. Mr. Frederick stated that it should not be cinder block. Ms. Horne expressed concern about noise generated from the car wash and it's impact on the neighborhood. riance of 3 feet to ffer A. Frederick moved to approve B setback$e3u4ementCwthr,theacond condition that thehd v driveways width be and 9 feet to the rear yard se q constructed according to the recommenatio of pltof an8-foot ehighnconcrete wall extending along the reasportation Engineer in his email r 9130/03 and conditioned upon placemen ro ert line and connectin to the southwest corner of the car wash. Seconded by G. Hilts. VOTE YEA NAY Hilts X Lain X Siebold X Frederick X X Horne Swix X Burgess X Motion carried by a vote of 6-1. BZA-3778.03,4924 S. Cedar, has been approved. V. PUBLIC COMMENT - none VI. APPROVAL OF MINUTES A. Minutes of September 11, 2003 A. Frederick moved to approve the minutes of September 11, 2003 with the correction to page 4 that changes Lanny to Tammy. Seconded by G. Hilts. Unanimous voice vote to approve. Vll. NEW BUSINESS A. BZA 373= .0 324 Mason(Reconsideration) The Board members noted that the applicants were not present. A. Frederick made a motion to table BZA-3773.02. Seconded by G. Hilts. On a voice vote,the motion carried unanimously 7-0. B. Excused absence for B. McGrain E. Horne made a motion to grant an excused absence for B. McGrain for the 10/9/03 meeting. Seconded by A. Frederick. On a voice vote, the motion carried unanimously 7-0. C. Chairman's Observations. B. Burgess stated that the Board members need to be aware that sometimes the facial expressions and tones become hostile when discussing a case that is not being looked upon favorably. VIII. ADJOURNMENT AT 8:20 n.m. Respectfully submitted, Susan Stachowiak, Zoning Administrator BOARD OF ZONING APPEALS MEETING MINUTES December 11, 2003 PAGE 1 Draft to Clerk: Approved: Clerk: MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS December 11, 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 F. Lain Ms. Mayberry B. McGrain J. Siebold G. SwixA. Frederick 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 E. Horne moved, G. Swix seconded to approve the agenda as printed. On a voice vote, the motion carried 9-0. III. HEARINGS/ACTION A. BZA-3793.03, 3022 S. ML King Blvd. Sue Stachowiak presented the case. This is a request by Douglas Sign Company on behalf of Aaron Rentals. The applicant is requesting a variance to allow a 30' high, 169.63 square foot ground sign to be setback 9 feet from the front property line at 3022 S. MLK.. Section 1442.12(h)(5)(b) of the Sign Code requires a setback of 30 feet for a sign that is 30 feet in height and 169.63 square feet in area. Therefore, a variance of 21 feet to the required setback is requested. Staff recommended approval of a modified variance for 100 square feet in area, with a 20 foot maximum sign height and a 13 foot setback. Mr. Doug Fulk, representing Douglas Sign Company, spoke in support of his request. Mr. Fulk stated that this request should be treated the same as the Popeye's Chicken variance. He also said that the Celebration Cinema IMAX Threatre was granted a huge variance for wall signage. Ms. Stachowiak stated that Popeye's was granted a variance because the sign was going to be serving 2 properties so that the variance would result in less overall signage for the area. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board BOARD OF ZONING APPEALS MEETING MINUTES December 11, 2003 PAGE 2 moved into the Committee of the Whole. Mr. Hilts stated that there is no practical difficulty in this case that would warrant any variance of the Sign Code. The other Board members agreed with Mr. Hilts that there was no practical difficulty, since the sign could be placed in another location on the site where it could be moved back further. They also stated that the site could have been designed to accommodate the desired location of the sign at the required setback. F. Lain moved to deny BZA-3793.03, 3022 S. ML King Blvd. Seconded by E. Horne. VOTE YEA NAY Hilts X Lain X McGrain X Siebold X Horne X Swix X Mayberry X Frederick X Burgess X Motion carried by a vote of 9-0. BZA-3793.03, 3022 S. ML King Blvd., was unanimously denied. IV OLD BUSINESS A. BZA-3511.98, 901 N. Larch (no action) A. BZA-3553.99, 735 E. Michigan (no action) A. BZA-3554.99, 907 W. Saginaw(no action) V. PUBLIC COMMENT - none VI. APPROVAL OF MINUTES A. Minutes of November 13, 2003 E. Horne moved, seconded by B. McGrain to approve the minutes of November 13, 2003 with the following corrections: BZA 3788.03- Mr. Lain voted yes. Mr. Hilts mentioned a potential conflict of interest on BZA 3789.03. BZA 3776.03, 1020, 1022, 1026 W. Mt. Hope should read BZA 3790.03, 805 Dexter. BOARD OF ZONING APPEALS MEETING MINUTES December 11 2003 PAGE 3 Unanimous voice vote to approve, as corrected. VII. NEW BUSINESS - None VIII. ADJOURNMENT AT 7:55 p.m. Respectfully s mitted, Susan S achowiak, Zoning Administrator BOARD OF ZONING APPEALS MEETING MINUTES November 13, 2003 1 Draft to Clerk: Approved: Clerk: MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS November 13, 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 F. Lain B. McGrain J. Siebold G. Swix Excused absence: A. Frederick 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 E. Horne moved, G. Swix seconded to approve the agenda with the addition of "Consequences of building without a permit" under new business. On a voice vote, the motion carried 7-0. III. HEARINGS/ACTION A. BZA-3733.02, 324 Mason(Reconsideration) Sue Stachowiak presented the case. This is request by Adam and Jennifer Sayer to reconsider a variance to permit an addition to an existing garage at 324 E. Mason Street that would have a 2.5-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 6 feet to a side lot property line in an "A" Residential Zoning District. In 2002, the BZA approved a variance to permit the applicants to have a 790 square foot garage. Section 1248.03 (b)(5) permits a maximum garage area of 790 square feet. Therefore, a side yard setback variance of 3.5 feet and a variance of 746 square feet of garage area is requested. Ms. Stachowiak stated that at the September 11, 2003 meeting, the Board voted 6-1 to reconsider this case with the finding that the request has changed since the applicants have found that the garage is actually 2.5 feet from the side property line instead of zero as originally considered and because the applicants have decided to add on to their home to make it more of a dominant feature of the lot. Staff recommended approval of an 840 square foot garage, since this is what the applicants would be allowed, based upon their lot size, if the house was larger. Jennifer Sayer, 324 E. Mason Street, stated that she and her family need the additional garage space for storage and work area. She explained that with a growing family, there is a strong need for this additional space. She also explained that she and her husband will be constructing an addition to their home, but cannot do so, until they have a place to put things while the construction is taking place. Mr. Hilts stated that there does not appear to be a practical difficulty that warrants the additional square footage being requested by the applicant. The other Board members agreed. Mr. Swix stated that if this variance is granted without a sufficient practical difficulty, then anyone who desires more storage space would also have to be granted a variance for a larger garage. E. Horne moved to approve BZA-3733.02, 324 E. Mason Street, in part, to permit an 840 square foot garage total garage area that would have a 2.5 foot side yard setback. Seconded by G. Hilts. VOTE YEA NAY Hilts X Lain X McGrain X Siebold X Horne X Swix X Burgess X Motion carried by a vote of 7-0. BZA-3733.02, 324 E. Mason Street, has been approved. A. BZA-3788.03, 224 S.Washington Avenue Sue Stachowiak presented the case. This is a request by Thomas Donall. The applicant is requesting a variance to permit a 50 square foot wall sign on the building at 224 S. Washington Square. Section 1442.24 of the Sign Code permits a maximum area of 40 square feet for wall signs in the Capitol Center District. Therefore, a variance of 10 square feet to the allowable sign area is requested. Staff recommended approval of the variance based upon the practical difficulty of the sign having a unique feature which is not accounted for in the ordinance. Tom Donall, 224 S. Washington Square, spoke 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. Mr. McGrain stated that this is a very minimal variance and since it is just the "X" in X-cel that is creating the difficulty , he has no concern s about the varianc e. F. Lain moved to approve BZA-3788.03, 224 S. Washington Square, a variance of 10 feet to the allowable wall sign area at 224. S.Washington Square. Seconded by B. McGrain. VOTE YEA NAY Hilts X Lain McGrain X Siebold X Horne X Swix X Burgess X Motion carried by a vote of 7-0. BZA-3788.03, 224 S.Washington Sq., was unanimously approved. B. BZA-3789.03, 1115 S.Washington Avenue Sue Stachowiak presented the case. This is a a request by David Sheets. The applicant is requesting a variance to permit a night club and banquet/convention center at 1115 S. Washington Avenue that would have a total occupancy load of 885 persons and no on-site parking spaces. Section 1284.13(c)(5) of the Zoning Ordinance requires 1 parking space for each three persons allowed within the maximum occupancy load. Therefore, a variance of 295 to the required amount of parking spaces is requested. Ms. Stachowiak stated that to eliminate any potential nuisances to the surrounding residential neighborhood caused by overflow parking, it is recommended that the occupancy load be capped at the amount of parking that is available on the main streets and in the City owned parking lot, less 25 parking spaces for other businesses in the area such as Izzo's Pub. Therefore, since 100 parking spaces are available to this business, it is recommended that the occupancy load be capped at 300 persons. It is further recommended that the applicant be given the option to increase his occupancy load, if he is able to secure a lease for parking within 500 feet of the subject property. David Sheets, 3718 College, Holt, MI, spoke in support of his request. Mr. Sheets stated that he shares the same concerns outlined by staff about the lack of available public parking in the area. He stated that he does not see a problem with obtaining a lease for parking in the area. Priscilla Holmes, 135 Island, spoke on behalf of herself and Reo Town in support of the project. DeAnne Brown, 1210 S. Washington, spoke on behalf of Jeff Odie in opposition to the variance. Ms. Brown stated that Mr. Odie owns a bar in the area and is already pressed for parking. She stated that the proposed night club will make the existing parking situation much worse. Stacy Penex, 1146 S. Washington, spoke in opposition to the request. She stated that she agreed with the concerns expressed by Ms. Brown that there is a parking problem already in this area. Harold Leeman, First Ward Councilman, spoke in support of the request. He also said that he will address the concerns expressed by Ms. Brown and Ms. Penex. 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 good business for this area and will bring people into Reo Town. He also stated that he is confident that Mr. Sheets will be able to obtain the necessary parking for his business without it becoming a problem for the area. Ms. Horne expressed concerns about parking in this area and the possibility of overflow parking into the neighborhood. Ms. Stachowiak pointed out that this applicant has a true practical difficulty since the building consumes the entire site, thereby leaving no room for any off street parking. Therefore, any business that chose to locate at this site would have to obtain a parking variance. F. Lain moved to approve BZA-3789.03, 1115 S. Washington Avenue, a variance of 100 parking spaces with the condition that the occupancy load be limited to 300 people with the option to increase the occupancy load by 3 people for each parking space that becomes available. Seconded by G. Swix. VOTE YEA NAY Hilts X Lain X McGrain X Siebold X Horne X Swix X Burgess X Motion approved by a vote of 6-1. BZA-3789.03, 1115 S.Washington, has been approved. C. BZA-3776.03, 1020, 1022 and 1026 W. Mt. Hope Sue Stachowiak presented the case. This is a request by Mr. and Mrs. Bates. The applicants are requesting a variance to permit a deck to be located within 2 feet of the side lot line at 805 S. Dexter Street. Section 1248.08 of the Zoning Ordinance requires a minimum side yard setback of 6 feet. Therefore, a variance of 4 feet to the side yard setback requirement is requested. Staff recommended denial of the variance based upon the applicant's ability to bring the deck into compliance with the side yard setback. Debby and Scott Bates, 805 Dexter, spoke in support of their variance request. Mr. and Mrs. Bates stated that they thought that their contractor was obtaining the building permit and he thought that they were getting it. They apologized for the mix up and asked that the Board grant their variance. 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 the applicants had established a sufficient practical difficulty based upon the closeness of the house to the side property line, to warrant approval of a variance. F. Lain moved to approve BZA-3790.03, 805 Dexter, a variance of 4 feet to the side yard setback requirement. Seconded by G. Hilts. VOTE YEA NAY Hilts X Lain X McGrain X Siebold X Horne X Swix X Burgess X Motion carried by a vote of 7-0. BZA-3790.03, 805 Dexter, has been approved. D. BZA-3791.03. 1400 S. Washington Avenue Sue Stachowiak presented the case. This is a request by Ken Martin, on behalf of Quality Dairy Company. The applicant is requesting a variance to construct a new storage building at the south end of the site, near Woodlawn Avenue, that would have a 20 foot rear yard setback. Section 1268.08 of the Zoning Ordinance requires a 25 foot rear yard setback in the "F" Commercial District. Therefore, a variance of 5 feet to the minimum rear yard setback requirement is requested. Staff recommended approval of the variance based upon it's ability to satisfy the criteria set forth in Section 1244.06 of the Zoning Ordinance. She further stated that the majority of the property in this block is already zoned "H" Light Industrial which permits a 20 foot rear setback. Ken Martin, 1400 S. Washington Avenue, representing Quality Dairy, spoke in favor of his request. John Mansour, 5366 Burcham, stated that he owns the house right next to where the new addition is going and he has concerns about the nuisances that his tenants have experienced in the past with Quality Dairy, such as noise, odors and traffic. Priscilla Holmes, 135 Island, spoke in support of the project. She stated that since Quality Dairy put of the new fence, there have been no problems in the neighborhood. B. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Ms. Stachowiak pointed out that the addition will line up with the rest of the building and will probably help the neighbors by moving the operations entirely inside where they will create less noise and odors. Ms. Horne asked about the conditions proposed by staff. Ms. Stachowiak stated that they are really site plan related conditions. G. Swix moved to approve BZA-3791.03, 1400 S. Washington, a variance of 5 feet to the rear yard setback requirement with the condition that the owner provide landscaping along Woodlawn Avenue, in accordance with Section 1290.08 of the Zoning Ordinance and that the owner eliminate the excess curb cuts prior to occupancy of the new addition. Seconded by G. Hilts. VOTE YEA NAY Hilts X Lain X McGrain X Siebold X Horne X Swix X Burgess X Motion carried by a vote of 7-0. BZA-3791.03, 1400 S. Washington Avneue, has been unanimously approved. E. BZA-3792.03, 2913 Andrew Avenue Sue Stachowiak presented the case. This is a request by Stoney Ball. The applicant is requesting a variance to enclose a carport at 2913 Andrew Avenue that would have a 1 foot side yard setback. Section 1248.08 of the Zoning Ordinance requires a 6 foot side yard setback in the "A" Residential District. Therefore, a variance of 5 feet to the minimum side yard setback requirement is requested. Staff recommended approval of the variance based upon it's ability to satisfy the criteria set forth in Section 1244.06 of the Zoning Ordinance. Stoney Ball, 2913 Andrew Avenue, spoke in support of his request. Mr. Ball stated that he did not know that he needed a building permit since he was just enclosing what already exists. 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 the practical difficulty was obvious given the layout of the applicants lot. Mr. Hilts stated that, in the past, the Board has required easements when structures are located very close to lot lines, so that the owners can access the sides for maintenance purposes. Ms. Stachowiak told Mr. Ball that she would help him draft the easement language. G. Hilts moved to approve BZA-3792.03, 2913 Andrew Avenue,with the condition that the applicant obtain a 2-foot easement from the adjoining property owner for access to the side of the garage. Seconded by F. Lain. VOTE YEA NAY Hilts X Lain X McGrain X Siebold X Horne X Swix X Burgess X Motion carried by a vote of 7-0. BZA-3792.03, 2913 Andrew Avenue, has been approved. IV OLD BUSINESS A. BZA-3511.98, 901 N. Larch (no action) A. BZA-3553.99, 735 E. Michigan (no action) A. BZA-3554.99, 907 W. Saginaw(no action) V. PUBLIC COMMENT - none VI. APPROVAL OF MINUTES A. Minutes of October 9, 2003 G. Hilts moved to approve the minutes of October 9, 2003 as printed. Seconded by F. Lain. Unanimous voice vote to approve. VII. NEW BUSINESS A. Election of Officers Mr. Burgess stated that he would be happy to continue as chairman. G. Hilts moved, seconded by G. Swix to keep Bud Burgess as Chairman and Frank Lain as Vice-Chairman. On a voice vote, the motion carried 7-0. B. Consequences of building without a permit. Ms. Horne stated that people are doing a lot of construction without building permits and then they apply for variances to make it right. She said that there should be some penalty for doing construction without a permit. Ms. Stachowiak stated that they used to be able to charge double permit fees for beginning construction without a permit. However, they can, and are charged a re-inspection fee by the Building Safety Office. VIII. ADJOURNMENT AT 9:38 p.m. Respectfully submitted, Susan Stachowiak, Zoning Administrator