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HomeMy WebLinkAboutBoard of Zoning 2010 Minutes Board of Zoning Appeals Minutes October 21, 2010 Page 1 MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS October 21, 2010 6:30 P.M. Conference Room— 1435 E. Miller Road I. ROLL CALL The meeting was called to order by Emly Horne at 4:00 p.m. Ms. Horne read the BZA introduction. Roll call was taken. Present: E. Horne M. Alling K.Whitfield B. Williams A. Shinn Absent: G. Hilts M. Mayberry B. McGrain Staff: S. Stachowiak A quorum of at least five members was present, allowing voting action to be taken at the meeting. II APPROVAL OF AGENDA M. Alling moved, seconded by B. Wiliams to approve the agenda, with the addition of "Electing a Temporary Vice-Chairperson" under New Business. On a voice vote, the motion carried 5-0. III. HEARINGS/ACTION A. BZA-3964.10, 217 Rita Avenue This is a request by Dorral & Kimberly Goforth to construct a 900 square foot,-detail cl garage at 217 Rita Avenue that would have a 30 foot front yard setback. The applicant is also proposing to construct a 516 square foot, attached carport at this location. Section 1248.03(b) of the Zoning Code requires a front yard setback of 60 feet for a detached garage, limits the size of a detached garage at this location to 840 square feet and limits the total allowable square footage of all accessory structures to 1,200 square feet. Variances of 30 feet to the front yard setback requirement, 60 feet to the allowable garage square footage and 216 square feet to the total allowable accessory structure square footage are therefore, being requested. Staff recommended denial of a variance of 60 feet to the allowable garage area and approval of variances of 30 feet to the front yard setback requirement to permit a new detached garage and 156 square feet to the total allowable accessory structure square footage to permit a 516 square foot attached carport at 217 Rita Avenue based on a finding that only the front yard setback and combined accessory structure square footage variances are consistent with the practical difficulty criteria of Section 1244.06 (c) and the impact criteria of Section 1244.06 (e), as detailed in the staff report for this application. Ms. Stachowiak stated that she originally she recommended denial of the variance for the combined accessory structure square footage. However, at the public hearing that was held on October 14, 2010 it was revealed that the majority of the area that is labeled as a Board of Zoning Appeals Minutes October 21, 2010 Page 2 "carport" on the site plan is actually just a covered porch. There will only be room for one car under the lean-to and therefore, the proposal will not be inconsistent with the intent and purpose of the ordinance or the criteria used to evaluate variances. Dorral Goforth, 217 Rita Avenue, spoke in support of his request. He said that he has no problem with complying with the 840 square foot detached garage limitation. He also said that the area behind the garage is a natural drainage area and if the setback variance is not approved, the garage will have to be located in this area which will create a drainage problem, not only for his property but for the adjoining neighbors as well. Barbara Falcsik, 211 Rita Avenue, spoke in support of the request. She said that she lives right next door to the Goforths and they have improved the property immensely since they moved in. She said that the proposal will further improve the property and hence, the neighborhood in general. At the public hearing held on October 14, 2010, the following individuals spoke: Ruth Taber, 230 Rita Avenue: Support the requests Ronald Whitney, 218 Rita Avenue: Supports the requests Kimberly Goforth, 217 Rita Avenue: Spoke in support of her request Dorral Goforth, 217 Rita Avenue: Spoke in support of his request. Ms. Horne stated that a lot of questions were asked and answered at the public hearing. She asked if any of the Board members had any other questions. Seeing none, Ms. Horne stated that she is supportive of the requests as recommended by the staff. She also stated that she would like to invite the Goforths to attend the Old Everett Neighborhood Association meetings. Ms. Ailing moved to deny a variance of 60 feet to the allowable garage area and approval of variances of 30 feet to the front yard setback requirement to permit a new detached garage and 156 square feet to the total allowable accessory structure square footage to permit a 516 square foot attached carport at 217 Rita Avenue based on a finding that only the front yard setback and combined accessory structure square footage variances are consistent with the practical difficulty criteria of Section 1244.06 (c) and the impact criteria of Section 1244.06 (e), as detailed in the staff report for this application. Seconded by B.Williams. Vote Yes No Shinn X Horne X Williams X Whitfield X Ailing X On a roll call vote (5-0), the variance was approved. Board of Zoning Appeals Minutes October 21, 2010 Page 3 B. BZA-3965.10, 2821 W. Jolly Road This is a request by Melissia Patton to permit a hair salon in the home at 2821 W. Jolly Road. The proposed hair salon would serve up to 12 customers per day and would include a hydraulic chair, commercial hair dryer and a shampoo sink. Section 1248.03(e)(7)of the Zoning Code states: "No equipment is used, except equipment which is normally used for purely domestic or household purposes. Equipment not normally used for purely domestic or household purposes may be installed if the Board of Zoning Appeals approves such use. The Board shall approve of such use if it is satisfied that the intensity of use will not be increased to a level that will adversely impact any lot within 300 feet of the lot seeking Board approval." The use of hair salon equipment for a home occupation 2821 W. Jolly Road is, therefore, being requested. Staff recommended approval of BZA 3965.10, based upon the findings of fact as detailed in this staff report, with the following conditions: (1) the applicant must live in the home and adhere to all of the conditions required for the operation of a home occupation; and (2) The hair salon is limited to one swivel chair, one professional hair dryer and one shampoo sink. Ms. Stachowiak stated that the criteria for evaluating home occupation requests is different from that of variances. She said that in this case, no practical difficulty or unnecessary hardship needs to be established. The Board just needs to find that the equipment will not negatively impact the surrounding area. Ms. Stachowiak stated that all property owners within 300 feet of 2821 W. Jolly Road were notified and not comments were received. Melissia Patton, 2821 W. Jolly Road, spoke in support of her request. She asked about the sign regulations for a home occupation and whether she could have a sign on the inside of the window. Ms. Stachowiak stated that the ordinance allows a one square foot sign, mounted flat against the wall of the house. At the public hearing held on October 14, 2010, the following individuals spoke: Melissia Patton: Spoke in support of her request Michael Brown: Supports the requests Ms. Horne asked if any of the Board members have questions. Seeing none, Ms. Horne stated that her only concern was parking and that issue has already been addressed. Ms. Shinn moved to approve BZA-3965.10, to permit a hair salon in the home at 2821 W. Jolly Road that would include a hydraulic chair, commercial hair dryer and a shampoo sink. on a finding that the request will not negatively impact the owners and occupants of property within 300 feet of the site, with the conditions that the applicant must live in the home and adhere to all of the conditions required for the operation of a home occupation, and the hair salon is limited to one swivel chair, one professional hair dryer and one shampoo sink. Seconded by B. Williams. Board of Zoning Appeals Minutes October 21, 2010 Page 4 Vote Yes No Shinn X Horne X Williams X Whitfield X Ailing X On a roll call vote (5-0), the variance was approved. C. BZA-3966.10 1436 Cambridge Road This is a request by Theodorus Wilbrink for a variance of 5 feet to the front yard setback requirement to permit the construction of an addition to the front of the garage 1436 Cambridge Road on a finding that the variance would be consistent with the practical difficulty criteria of Section 1244.06 (c) and the impact criteria of Section 1244.06 (e), as detailed in the staff report for this application, with the condition that the addition is consistent with the rest of the house in terms of design, materials and color. Theodorus Wibrink, 58 Apple Blossom Lane, Okemos, spoke in support of his request. He stated that there is a basement below the garage and since the pavement has cracked, liquids can leak into the house which would be a safety hazard to the occupants. Mr. Wilbrink stated that the garage will fit in with the setbacks and the design of the other houses in the area. At the public hearing held on October 14, 2010, the following individuals spoke: Rosemary Hocij: Spoke in support of her request John Hocij: Spoke in support of his request Theodorus Wilbrink: Spoke in support of his request Ms. Horne stated that there was a lengthy discussion about this case during the public hearing on October 14, 2010. She asked if any of the Board members have questions. Seeing none, Ms. Horne stated that the proposal will be a real asset to the neighborhood and hence, to the city in general. She said that it is nice to see the applicants investing in their property and she is supportive of the variance. Ms. Ailing moved to approve BZA-3966.10, for a variance of 5 feet to the front yard setback requirement to permit a new attached garage at 1436 Cambridge Road, on a finding that the variance will be consistent with the practical difficulty criteria of Section 1244.06 (c) and the impact criteria of Section 1244.06 (e), as detailed in the staff report for this application, with the condition that the garage addition is consistent with the existing house in terms of design, color and materials. Seconded by B. Williams. Board of Zoning Appeals Minutes October 21,2010 Page 5 Vote Yes No Shinn X Horne X Williams X Whitfield X Ailing X On a roll call vote (5-0), the variance was approved. VI. OLD BUSINESS VII. PUBLIC COMMENT Vill. APPROVAL OF MINUTES Minutes of Regular Meeting held September 9, 2010 B.Williams moved, seconded by M. Ailing to approve the minutes of September 9, 2010, as printed. On a voice vote,the motion carried unanimously (5-0). IX. NEW BUSINESS Temporary Vice-Chairperson B. Williams moved, seconded by K. Whitfield to elect Marcie Ailing Temporary Vice- Chairperson of the Board of Zoning Appeals. On a voice vote (5-0), the motion carried unanimously. X. ADJOURNMENT AT 4:40 P.M. Respectfully submitted, Susan Stachowiak, Zoning Administrator a Page 1 Board of Zoning Appeals Minutes Septernber 9,2010 g I Approved: 9/ /10 Clerk: 9/ /10 MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS September 9,2010 6:30 P.M. Conference Room—1435 E. Miller Road I. ROLL CALL The meeting was called to order by Brian McGrain at 6:30 p.m. Vice-Chairman Hilts read the BZA introduction. Roll call was taken. 1 Present: B. McGrain E. Horne M.Alling K.Whifield Absent: G. Hilts M. Mayberry B.Williams Staff: S. Stachowiak H. Stanley A quorum of at least four members was present, allowing voting action to be taken at the meeting. I( APPROVAL OF AGENDA M. Ailing moved, seconded by E. Horne to approve the agenda as printed. On a voice vote, the motion carried 4-0. III. HEARINGS/ACTION A. _BZA-3963 10 2305 Arlington Road This is a request by Kurt Hargrove to construct an addition to the garage at 2305 Arlington Road that would have a 3 foot setback from the side (north) property.tine. Section 1248.08 of the Zoning Code requires a side yard setback of 6 feet. A variandt�of 3 feet to the side yard setback requirement is therefore, being requested. Staff recommended approval of the request on a finding that the variance would be consistent with the practical difficulty criteria of Section 1244.06 (c)and the impact criteria of Section i 1244.06 (e), as detailed in the staff report for this application, with the condition that the addition is consistent with the rest of the house in terms of design, materials and color. Laurie Douglas, 2305 Arlington Road, spoke in support of her request. She said that she would like to be able to park one car in the garage and cannot do so right now because it is too small. Ms. Douglas said that she spoke with the neighbors about the variance and they did not have any concerns. Mr. McGrain asked if anyone else wished to address the Board. Seeing none, the Board I moved into the Committee of the Whole. Ms. Horne stated that she is supportive of the request. She said that the configuration of the lot constitutes a practical difficulty that warrants a variance. ''• Board of Zoning Appeals Minutes September 9, 2010 Page 2 Ms. Ailing moved to approve BZA-3963.10 for a variance of 3 feet to the side yard setback requirement to permit an addition to the garage on the north side of the house at 2305 Arlington Road, on a finding that the variance will be consistent with the practical difficulty criteria of Section 1244.06 (c) and the impact criteria of Section 1244.06 (e), as detailed in the staff report for this application,with the condition that the addition is consistent with the existing house in terms of design, color and materials. Seconded by E. Horne Vote Yes No Horne X McGrain X Whitfield X Ailing X On a roll call vote (4-0),the variance was approved. VI. OLD BUSINESS VII. PUBLIC COMMENT i Vill. APPROVAL OF MINUTES Minutes of Regular Meeting held August 12, 2010 E. Horne moved, seconded by M.Ailing to approve the minutes of August 12,2010 with the correction to pae 3 hat lists On a vloi a vote,the rather moti than n cart ed unan voted on imously(4-0) variance nu IX. NEW BUSINESS Mr. McGrain requested an excused absence from the August 12, 2010 meeting. M.Ailing moved, seconded by K.Whitfield to approve an excused absence for Mr.McGrain from the August 12,2010 meeting. On a voice vote (4-0),the motion carried unanimously. 1 X. ADJOURNMENT AT 6:45 P.M. I I I Respectfully submitted, Susan Stachowiak,Zoning Administrator i Board of Zoning Appeals Minutes August 12,2010 Page 1 Approved: 8/ /10 Clerk: 8/ /10 MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS August 12, 2010 4:00 P.M. Conference Room—1435 E. Miller Road 1. ROLL CALL The meeting was called to order by Vice-Chairman Hilts at 6:30 p.m. Vice-Chairman Hilts read the BZA introduction. Roll call was taken. Present: G. Hilts E. Horne M.Ailing K.Whifield B.Williams Absent: M. Mayberry B. McGrain Staff: S. Stachowiak H. Stanley 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, seconded by B.Williams to approve the agenda as printed. On a voice vote,.the motion carried 5-0. .-- III. HEARINGS/ACTION "- r"� A. BZA-3960.10, 1135 N.Jenison Street This is a request by Steve Kilpatrick to construct an addition to the south side of the house at 1135 N. Jenison Street that would have a setback of 2 feet from the side lot line. Section 1248.08 of the Zoning Code requires a side yard setback of 4.1 feet for the subject property. A variance of 2.1 feet to the side yard setback requirement is therefore, being requested. Staff recommended approval of the request on a finding that the variance would be consistent with the practical difficulty criteria of Section 1244.06 (c) and the impact criteria of Section 1244.06 (e), as detailed in the staff report for this application,with the following conditions: i 1. The new addition is consistent with the rest of the house in terms of design,. I materials and color, and 2. The applicant secure a 1 foot easement from the adjoining property owner to the south for maintenance along the side of the house/addition. Steve Kilpatrick, 1135 N. Jenison Street, spoke in support of his request. He said that his mother lives with him and she is 89 years old with limited mobility. Mr. Kilpatrick said that right now she has a bed in the kitchen because she cannot walk the stairs to get to i I i J 7 Board of Zoning Appeals Minutes August 12,2010 Page 2 the bedrooms. The addition would provide a first floor bedroom for his mother and the plumbing is available to provide her with a new shower as well. spoke in support of the request. He said that Geoff n tric door and N. Jenison he is willing to grant an easement for maintenance. He also said he livess next that the chain-link fence will be taken down. ' Mr. Hilts asked if anyone else wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Ms.Whitfield said that she works for the Ingham County Land Bank and this property is in one of their neighborhood stabilization program target areas. She said that this may be a conflict of interest. Mr. Hilts stated that Ms.Whitfield does not stand to personally gain anything, monetarily or otherwise, from the outcome of this request and therefore, she does not need to ! abstain from voting on this case. Ms. Horne said that she is very sympathetic to Mr. Kilpatrick's situation as she cared for her 100 year old mother at home. Mr. Hilts said that he is also sympathetic to the situation as his mother is 83. He stated that the staff report adequately describes the practical difficulty and he will be supporting this request. E. Horne moved to approve BZA-3960.10 for a variance of 2.1 feet to the side yard setback requirement to permit an addition on the house at 1135 N. Jenison Street, on a finding that the variance will be consistent with the practical difficulty criteria of Section 1244.06 (c) and the impact criteria of Section 1244.06 (e), as detailed in the staff report for this application, with the condition that the addition is consistent with the existing house in terms of design, color and re a 1 foot easement from the property and owneryto the southith the 'tion for maintenance t the applicant along then side of the houseladdi ion Seconded'ng by property M.Ailing. Vote Yes No Horne X Hilts X Whitfield X Ailing X Williams X On a roll call vote(5-0),the variance was approved. B. BZA 3961 10 1133 W Allegan Street This is a request by David Wayne Kallweit to construct a new 2"d story deck on the back of the house at 1133 W. Allegan Street that would have a setback of 17.5 feet from the rear lot line. Section 1248.09 of the Zoning Code requires a rear yard setback of 30 feet. I A variance of 12.5 feet to the rear yard setback requirement is therefore, being requested. Staff recommended approval of the request on a finding that the variance would be consistent with the practical difficulty criteria of Section 1244.06 (c) and the 1 I i i Board of Zoning Appeals Minutes August 12,2010 Page 3 I impact criteria of Section 1244.06 (e), as detailed in the staff report for this application. David Kallweit, 1133 W. Allegan Street, spoke in support of his request and reviewed some photographs of the back of the house. He explained that he wants to construct a deck that is supported by posts in the ground rather than using the roof of the rear addition for a deck. He stated that there is a door on the 2nd floor and if the deck is not constructed the door will not lead anywhere. i Mr. Hilts asked if anyone else wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Ms. Horne asked what type of materials will be used for the deck. Mr. Kallweit said that it will be 4"x 6"treated lumber. Ms. Alling said that the letter that Mr. Kallweit provided adequately describes the reason why the new deck is necessary. She also said that the practical difficulty is described in the staff report. M. Alling moved to approve BZA-3961.10, a variance of 12.5 feet to the rear yard setback requirement to permit a new deck on the back of the house at 1133 W. Allegan Street, on a finding that the variances will be consistent with the practical difficulty criteria of Section 1244.06 (c) and the impact criteria of Section 1244.06 (e), as detailed in the staff report for this application. Seconded by B.Williams. Vote Yes No Horne X Hilts X McGrain X Ailing X Williams X On a roll call vote(5-0),the variance was approved. C. BZA-3962.10, 1013 W. Mt.Hope Avenue This is a request by Thomas &Jane Ringenberg. The applicant is proposing to construct a new 2 story on the front of the house at 1013 W. Mt. Hope Avenue that would have a setback of 1 foot from the side lot line. Section 1248.08 of the Zoning Code requires a side yard setback of 4.25 feet for the subject property. A variance of 3.25 feet to the side yard setback requirement is therefore, being requested. Staff recommended approval of the request on a finding that the variance would be consistent with the practical difficulty criteria of Section 1244.06 (c) and the impact criteria of Section 1244.06 (e), as detailed in the staff report for this application,with the following conditions: I � 1. The addition is consistent with the rest of the house in terms of design, materials and color. 2. The applicant secure a 2 foot easement from the adjoining property owner to the east to allow for maintenance along the side of the addition. Board of Zoning Appeals Minutes August 12,2010 Page 4 Jane Ringenberg, 1013 W. Mt. Hope Avenue, spoke in support of her request. She stated that the existing house is very small with virtually no closets space and a utility storage areas. s• Ringenberg said that the addition will oset e house.ovide She stated that the t'new raddition hwill not that it will also balance the shape of t hbor be any closer to the east property line than the existing house and the next door ne g i already has a fence along the property line. Mr. Hilts asked if anyone else wished to address the Board. Seeing none, the Board ' moved into the Committee of the Whole. s case because 1 Ms. Stachowiak said that she is less concernbeeeasement establ shed whereas,in t n I the other case, the one foot side yard setback has are ad d. the reduced setback was just being past. Ms. Horne asked the applicants if they had ever been before the BZA in the p came before the Board 16 years ago. She said that they Ms. Ringenberg said that they investing in this property. She have lived there for over 30 years and would like to keep also said that they have reviewed their plans with the adjoining neighbors and they are II. both supportive of their proposal. e Avenue and the Ms. Horne said that a she eis familiar house and th he look very house at 1013 W Mt. Hop new addition will b permit that the variances E. Horne moved to approve BZA-3962.10, a variance of 3.25 venue,feet to the on aifnding ard e ysetback o icultY criteria of and the impact criteria an addition on the front of the house at 1013 W• Mt. Hop application,with the condition that the will be consistent with the practical�eidanthe staff report fort eistapp 1244.06 (c) of Section 1244.06(e), as detailed materials and color. addition is consistent with the rest of the house in terms of design, Seconded by B.Williams. No Yes Vote X Horne X Hilts X McGrain X Ailing X Williams On a roll call vote (5-0),the variance was approved. i I� VI. OLD BUSINESS i I Vll. PUBLIC COMM ENT II I i Board of Zoning Appeals Minutes August 12,2010 Page 5 Vill. APPROVAL OF MINUTES Minutes of Re ular Meetin held Jul 8 2010 B. Williams moved, seconded by M. Ailing to approve the minutes of July 8, 2010, as printed. On a voice vote,the motion carried unanimously(5-0). IX. NEW BUSINESS X ADJOURNMENT AT 7:09 P.M. Respectfully submitted, wick Zoning Administ Susan S , rator tacho I i i ,I I I I Board of Zoning Appeals Minutes July 8,2010 Page 1 Approved:8/ /10 Clerk: 8/ /10 MINUTES OF THE SPECIAL MEETING BOARD OF ZONING APPEALS July 8,2010 4:00 P.M. South Precinct Conference Room -3400 S. Cedar Street I I. ROLL CALL The meeting was called to order by Vice-Chairman Hilts at 6:30 p.m. Vice-Chairman Hilts read the BZA introduction. Roll call was taken. Present: G. Hilts E. Horne M.Ailing B. McGrain Williams Absent: M. Mayberry Staff: S.Stachowiak H. Stanley 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,seconded by M. Ailing to approve the agenda as printed. _ On a voice vote,the motion carried 5-0. Ill. HEARINGWACTION A. BZA-3958.10, 1105 Parkdale Street This is a request by Jeremy Francis to construct a porch on the front of the house at 1105 Parkdale Street that would have a front yard setback of 19 feet. Section 1248.07 of the Zoning Code requires a front yard setback of 22 feet for the subject property. A variance of 3 feet to the front yard setback requirements is therefore, being requested. Staff recommended approval of the request on a finding that the variance would be consistent with the practical difficulty criteria of Section 1244.06 (c)and the impact criteria of Section 1244.06 (e), as detailed in the staff report for this application. Jeremy Francis, 1105 Parkdale Street, spoke in support of his request. He said that the purpose of the new porch is to make the house more harmonious with the rest of the neighborhood. Mr. Francis said that the neighbors are enthusiastic about the proposal. Mr. McGrain said that the report indicates that the applicant purchased the property in 2003. He asked when the current porch was constructed. j Mr. Francis said that he is not sure when the existing porch was constructed. He also said that the porch will be designed to tie into the design/character of the house. i I I Board of Zoning Appeals Minutes July 8,2010 Page 2 Ms. Horne said that she went past the house yesterday and noticed that there is a new driveway. Mr. Francis said that he put the new driveway in 3 years ago and he worked with the neighbor since it is a joint driveway. I Mr. Hilts asked if anyone else wished to address the Board. Seeing none, the Board I� moved into the Committee of the Whole. I Mr. McGrain said that the proposed porch will be consistent with the porches that already exist on either side of the house. He also said that the existing metal porch roof is not i characteristic of houses from the 1920's. Mr. McGrain said that the new porch will fit in much better with the architecture of the house and the rest of the neighborhood. Ms. Horne stated that she is supportive of the request as long as there is a condition that the porch is consistent with the rest of the house in terms of design, color and materials. B. McGrain moved to approve BZA-3958.10 for a variance of 3 feet to the front yard setback requirement to permit a new covered porch on the front of the house 1105 Parkdale Street, on a finding that the variance will be consistent with the practical difficulty criteria of Section 1244.06 (c) and the impact criteria of Section 1244.06 (e), as detailed in the staff report for this application, with the condition that the porch is consistent with the existing house in terms of design, color and materials. Seconded by E. Horne. Vote Yes No i Horne X Hilts X McGrain X i Ailing X I Williams X On a roll call vote(5-0),the variance was approved. B. BZA-3959.10, 130 Regent Street, 131 & 135 Leslie Street I This is a request by David Muylle to construct a new house at 130 Regent Street that would have a front yard setback of 13 feet. The applicant also proposes to construct new houses at 131 and 135 Leslie Street that would have front yard setbacks of 16 feet. Section 1248.07 of the Zoning Code requires a front yard setback of 20 feet for these properties. Variances of 7 feet and 4 feet to the front yard setback requirements are therefore, being requested. Staff recommended approval of the request on a finding that the variance would be consistent with the practical difficulty criteria of Section 1244.06 (c) and the impact criteria of Section 1244,06 (e), as detailed in the staff report for this application. David Muylle, 124 Regent Street, spoke in support of his request. Mr. Muylle said that the new houses that are the subject of the variance request are part of a larger project that includes 14 total condominium units. He said that there is a 30 foot wide storm sewer easement that runs through the center of the property and will be used for common open space. The intent is to create a walkable community which is why the parking areas are going to be located around the edges of the site in order to separate Board of Zoning Appeals Minutes July 8,2010 Page 3 the vehicles from the pedestrian Aa l areas. Mr.here ylwas said a that design neighborhood thathas included design the project. In p Swanson and her husband of representatives from the neighborhood as well as Mary Swanson Design Studios• They drainage aand the existinve also dg the t eesmaster beplanning servedCprocess MraMuylle The site will have natural 9e area. He stated said that he lives in the ighbor hood a Streets are veveneralp closer l to Ithe front property line that some of the houses 9 cks that what is being proposed. The new houses will lhave in front maintain a strong and will have access to sidewalks and pedestrian pathways destrian pathways will be brick social connection through pedestrian interaction. The p or some type of permeable surface and the common area will be designed in a very aesthetically pleasing manner. a ,cottage" Mr. Muylle said that the houses will be relatively small in howeever, they emay not be atmosphere. Two parking spaces per unit are required, needed given the culture of the area. For that reas uses such as patios,gardens, the parking structures will be designed to have altern II� htfullyMary Swanson, Swanson Diihi� , 39 E. G �' spoke in support of the request. She said that Studios, be stick built and will be thou designed. It will not be a modular community. Lynne Martinez, 306 Leslie Street, spoke in support of the request. Ms. Martinez said that she lives about 2 bsaidktha Mr. Muylleehasid neta great job restoring houses favor on he of Mr. Muylles request. She east side and is ghat3t partner the proposal istconsistent her 9 w with the goaorhood ds of lthegmaster plan which is t Martinez saidear al areas with is create nodes of il ties. She residential he is working acmarket study to make public transportation facof age. aid the east side more friendly and marketable for plso thataolde�people an stayensthe that handicap accessible homes are veryimportant area. get help for the study from the MSU graduate Mr. Hilts said that Ms. Martinez could planning program. Scott Neumann, 327 Lathrop Street, spoke in support of the request. He stated that the support from the neighborhood for population tot is live as wellmi asnan envaonment that will lso said that the project offers a place for the aging I attract a younger population. Mr.Hilts asked if anyone Committeelof he Whole.address the Board. Seeing none, the Boar moved into the ` Mr. Hilts stated that brick pavers are a maintenance problem and cause people to trip because of the unevenness of the surface. They are also not wheelchair-friendly. e asked about barrier free access for the new units. ngs. There I no ll be a first Mr. Muylle said that there wlo the units and a large bathroom builds that an accoimmodate a I floor den or bedroom in e wheel chair if necessary. He said that he wants this to be an intergenerational development. Mr. McGrain said that it is great to see this project come to fruition. He asked if the units will be marketable. I i I Board of Zoning Appeals Minutes July 8,2010 Page 4 Mr. Muylle said that if they do not sell, he can rent them out. j Mr. McGrain said that this is a well thought out project that he is happy to support. He said that the trend should be to focus on smaller, in-fill homes. I Mr. Hilts said that the project fits in with the"Cool Cities" initiative as well. Ms. Horne stated that she has been involved in Lansing planning since 1972 and this project is a dream come true. She said that the project will help to retain the population I and will be very aesthetically pleasing. E Ms. Ailing commended Mr. Muylle for involving the neighborhood with the planning for j this project. She said that the process that Mr. Muylle took to develop this project should be a model for other projects in the city. I Mr. McCain said that the practical difficulty involves the easement that runs through the center of the development. He also said that this is a planned residential development being inserted into an existing neighborhood and the proposed setbacks will be consistent with the setback patterns that have already been established in the area. To that end, the spirit of the ordinance is being observed. M. Ailing moved to approve BZA-3959.10 variances of 7 feet and 4 feet to the front yard setback requirements to permit a new house at 130 Regent Street that would have a front yard setback of 13 feet and new houses at 131 and 135 Leslie Street that would have front yard setbacks of 16 feet, on a finding that the variances will be consistent with the practical difficulty criteria of Section 1244.06 (c) and the impact criteria of Section 1244.06 (e), as detailed in the staff report for this application. Seconded by B.McGrain. Vote Yes No Horne X Hilts X McGrain X Ailing X Williams X On a roll call vote (5-0),the variance was approved. Vl. OLD BUSINESS Vil. PUBLIC COMMENT j Bud Burgess, 6028 Rolfe Road, said that he is no longer on the Board. He said that he has enjoyed being on the Board and working with the other members. I � E. Horne thanked Mr. Burgess for his service on the Board and being such a great leader. I Mr. MGGrain thanked Mr. Burgess for his dedication and service. Board of Zoning Appeals Minutes July 8,2010 Page 5 VIII. APPROVAL OF MINUTES A. Minutes of Regular Meetin held June 10 2010 B. McGrain moved,seconded by M.Ailing to approve the minutes of June 10,2010, as printed. On a voice vote,the motion carried unanimously(5-0). i IX. NEW BUSINESS e said that she is ' Ms. Horne said that Police Department to alloecinct is w he BZA meetings to still as a result of the take place hat the S. Precinct working with the Po P but if it does not work out,we may need to find another venue. Mr. McGrain welcomed Mr.Williams to the Board. X. ADJOURNMENT AT 7:30 P.M. Respectfully submitted, Susan Stachowiak, Zoning Administrator 'I I I i Board of Zoning Appeals Minutes June 17, 2010 Page 1 MINUTES OF THE SPECIAL MEETING BOARD OF ZONING APPEALS June 17, 2010 4:00 P.M. South Precinct Conference Room -3400 S. Cedar Street I. ROLL CALL The meeting was called to order by Chairman Burgess at 4:00 p.m. Chairman Burgess read the BZA introduction. Roll call was taken. Present: B. Burgess E. Horne M. Ailing B. McGrain Absent: G. Swix M. Mayberry G. Hilts Staff: S. Stachowiak H. Stanley A quorum of at least four members was present, allowing voting action to be taken at the meeting. II APPROVAL OF AGENDA E. Horne moved, seconded by B. McGrain to approve the agenda as printed. On a voice vote, the motion carried 4-0. Ill. HEARINGS/ACTION -- ;�J A. BZA-3957.10, 822 Poxson Avenue This is a request by request by Habitat for Humanity. The applicant is proposing to construct a roof over the porch at 822 Poxson Avenue that would have a front yard setback of 13.3 feet. Section 1248.07 of the Zoning Code requires a front yard setback of 20 feet in the "B" Residential district which is the zoning designation of the property at 822 Poxson Avenue. A variance of 6.7 feet to the front yard setback requirements is therefore, being requested. Staff recommended approval of the request on a finding that the variance would be consistent with the practical difficulty criteria of Section 1244.06 (c) and the impact criteria of Section 1244.06 (e), as detailed in the staff report for this application. (public hearing held on 6/10/10) Charles Finkel, Habitat for Humanity, 1941 Benjamin Drive, spoke in support of his request. Mr. Burgess asked if anyone else wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Ms. Horne stated that she is supportive of the request as long as there is a condition that Board of Zoning Appeals Minutes June 17, 2010 Page 2 the porch is consistent with the rest of the house in terms of design, color and materials. Mr. McGrain stated that he is supportive of the request as it will improve the functionality of the porch and will make the house look much nicer. B. McGrain moved to approve BZA-3957.10 for a variance of 6.7 feet to the front yard setback requirement to permit a new covered porch on the front of the house at 822 Poxson Avenue, on a finding that the variance will be consistent with the practical difficulty criteria of Section 1244.06 (c) and the impact criteria of Section 1244.06 (e), as detailed in the staff report for this application, with the condition that the porch is consistent with the existing house in terms of design, color and materials. Seconded by E. Horne. Vote Yes No Horne X McGrain X Ailing X Burgess X On a roll call vote (4-0), the variance was approved. VI. OLD BUSINESS VII. PUBLIC COMMENT - None Vill. APPROVAL OF MINUTES A. Minutes of Regular Meeting held May 13, 2010 B. McGrain moved, seconded by M. Ailing to approve the minutes of May 13, 2010, as printed. On a voice vote,the motion carried unanimously(4-0). IX. NEW BUSINESS X. ADJOURNMENT AT 4:05 P.M. Respectfully submitted, Susan Stachowiak, Zoning Administrator Board of Zoning Appeals Minutes May 13, 2010 Page 1 MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS May 13, 2010 6:30 P.M. South Precinct Conference Room -3400 S. Cedar Street I. ROLL CALL The meeting was called to order by Chairman Burgess at 6:30 p.m. Chairman Burgess read the BZA introduction. Roll call was taken. Present: B. Burgess G. Swix E. Horne G. Hilts M. Alling B. McGrain Absent: A. Frederick M. Mayberry Staff: S. Stachowiak H. Stanley A quorum of at least five members was present, allowing voting action to be taken at the meeting. II APPROVAL OF AGENDA G. Swix moved, seconded by B. McGrain to approve the agenda as printed. On a voice vote, the motion carried 6-0. III. HEARINGS/ACTION A. BZA-3956.10, 230 Bingham Street This is a request by Jeremy Dowsett on behalf of Reformed Church of America,,et a[. The applicant is proposing to establish a church in the existing building at 230 Bingl am St. which is zoned "C" Residential. Section 1250.04(b) of the Zoning Code states that churches in the "C"district must be located on a collector, principal or minor arterial and must be located on a lot that is at least 2 acres in size. In addition, Section 1284.13(b)(1) requires one parking space for each 3 seats in the church sanctuary. Based on the proposed seating capacity, 25 parking spaces will be required. Staff recommended approval of the request on a finding that the variances would be consistent with the practical difficulty criteria of Section 1244.06 (c) and the impact criteria of Section 1244.06 (e), as detailed in the staff report for this application. Mr. Swix stated that there are other churches in the area that do not have two acres. He asked where people will park if the school to the north closes. Mr. Swix also asked about parking for the day care business that previously utilized the building at 230 Bingham. Ms. Stachowiak said that there are other properties in the area that the applicant could use for parking. She also said that the child care center utilized on-street parking and the 4 or 5 parking spaces that are on the site while the occupants of the upper level apartments were gone during the day. Ms. Stachowiak said that the zoning of the property is "C" Residential and therefore, the Board of Zoning Appeals Minutes May 13, 2010 Page 2 only use that could be established in the building by right is a duplex. There are already 2 units on the upper level of the building. The entire building is too large to be used exclusively for 2 residential units. Since there are only 4-5 on-street parking spaces on the site, and they are used for the 2 residential units, any use that would occupy the first floor of the building would need a parking variance. Ms. Stachowiak said that the child care center that previously operated in the building was also granted a parking variance. Ms. Stachowiak said that overuse of on-street parking in residential neighborhoods can become a real problem. She said that the church will focus in outreach efforts on the surrounding neighborhood so that most people can walk, rather than drive to the church. She said that the applicant is also in the process of securing an agreement from the church and the school to the north to accommodate parking. In addition, the church is going to be very small and therefore, it will not draw much vehicular traffic. Dan Dillinger, 618 Leslie Street, stated that he is representing Blacksoil Church on behalf of Jeremy Dowsett who is ill at this time. Mr. Dillinger said that the church has been in the city for about 5 years, but they have not had a permanent home. They are looking forward to having a permanent home and becoming more involved with the community. He said that they rarely have more than 10 cars associated with the church because most of their parishioners live in the area. Tom Poel, 526 Pack Avenue, Grand Rapids, said that Blacksoil Church is very focused on becoming a strong presence in the neighborhood. He said that a lot of their parishioners live in the neighborhood and walk or bike to the church which greatly reducing the traffic and parking burden on the neighborhood. Mr. Poe] distributed an email from Pilgrim Congregational Church, located one block to the north, approving the use of their parking lot on Saturday evenings for a period of six months. Mr. Swix asked Mr. Poel if the church will be buying or leasing the building. Mr. Poel said that they will be buying the property. Joan Nelson, 217 Rosamond Street, spoke in favor of the request. Ms. Nelson said that she is the director of the Allen Neighborhood Center but at this time, she is representing herself since the Board of Director's has not had a chance to officially endorse this proposal. However, Blacksoil Church has partnered with the center on many projects in the area including World Day at Hunter Park, litter pick-ups, community gardens, helping seniors in the area with repairs, lawn mowing, etc. She said that this church has a serious commitment to the neighborhood. They have even created a neighborhood organization in the area. Ms. Nelson stated that she lives 2 blocks away and owned the building at 230 Bingham from 1984-1994. The building was constructed in 1905 and has been an anchor in this neighborhood ever since. Over the past few years it has been neglected and she is looking forward to having a owner that is committed to the building. Mr. Burgess asked if anyone else wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Burgess said that he attends a church on the corner of Prospect and Holmes Street. Mr. Hilts said that churches and schools are good neighbors in residential areas. He said that some of his neighbors have participated in activities at Hunter Park with Blacksoil Church and they are becoming very hands-on in this neighborhood. Mr. McGrain said that the practical difficult was described in the staff report. He said that this is the only practical use for the building and he is happy to support the request. Board of Zoning Appeals Minutes May 13, 2010 Page 3 Ms. Horne said that there have been problems with on-street parking around St. Casimer Catholic Church. She said that vehicles block driveways and clog up the streets with traffic and at times is has been a real problem in the neighborhood. Ms. Horne said that she is sure that the church is doing good work in the neighborhood but feels that the ordinance requirements should be upheld. Mr. Poel stated that Ms. Stachowiak has been very helpful throughout this process. B. McGrain moved to approve BZA-3956.10 for variances to the street designation, lot size and parking requirements to permit a church at 230 Bingham street, on a finding that the variances will be consistent with the practical difficulty criteria of Section 1244.06 (c) and the impact criteria of Section 1244.06 (e), as detailed in the staff report for this application. Seconded by G. Swix. Vote Yes No Horne X McGrain X Hilts X Ailing X Swix X Burgess X On a roll call vote (6-0), the variance was approved. VI. OLD BUSINESS A. Rules of Procedure - No action Mr. McGrain asked about the status of the overlay district ordinance amendments. Ms. Stachowiak said that she met with the city attorney this morning and made the final changes to the document. She said that it will go up to the Mayor's Office next Wednesday, after which it will be placed on the City Council agenda for scheduling of a public hearing. VII. PUBLIC COMMENT - None Vill. APPROVAL OF MINUTES A. Minutes of Regular Meeting held April 8, 2010 B. McGrain moved, seconded by G. Hilts to approve the minutes of April 8, 2010, with the correction to excused absences stating that Ms. Ailing was excused for the April 8, 2010 meeting, rather than the January meeting. On a voice vote, the motion carried unanimously (6-0). Board of Zoning Appeals Minutes April 8, 2010 Page 4 IX. NEW BUSINESS A. Election of Chairman and Vice-Chairman Mr. Burgess stated that he is willing to continue serving as chairman. G. Swix moved, seconded by E. Horne to nominate Bud Burgess for chairman and to close the nominations and move for a unanimous ballot. On a voice vote (6-0), the motion carried unanimously. G. Swix moved, seconded by B. McGrain to nominate Grant Hilts for vice-chairman and to close the nominations and move for a unanimous ballot. On a voice vote (6- 0), the motion carried unanimously. X. ADJOURNMENT AT 7:10 P.M. Respectfully submitted, Susan Stachowiak, Zoning Administrator Board of Zoning Appeals Minutes April 8, 2010 Page 1 MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS April 8, 2010 6:30 P.M. South Precinct Conference Room -3400 S. Cedar Street I. ROLL CALL The meeting was called to order by Chairman Burgess at 6:30 p.m. Chairman Burgess read the BZA introduction. Roll call was taken. Present: B. Burgess G. Swix E. Horne A. Frederick G. Hilts Absent: M. Mayberry M. Alling B. McGrain Staff: S. Stachowiak H. Stanley 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, seconded by G. Hilts to approve the agenda with the addition of "excused absences" under new business. On a voice vote, the motion carried 5-0. III. HEARINGS/ACTION A. BZA-3954.10, 5701 S. Pennsylvania Avenue This is a request by RC Lansing LLC on behalf of Spartan Toyota. The applicant is requesting a variance to relocate a 30 foot high ground sign at 5701 S. Pennsylvania that would have a setback of 22 feet, 8 inches. Section 1442.12(5) of the Sign Ordinance requires a 30 foot setback for a 30 foot high ground sign. A variance of 7 feet, 4 inches to the setback requirement for a ground sign is therefore, being requested. Staff recommended approval of the request on a finding that the variance would be consistent with the applicable practical difficulty criteria of Section 1244.06 (c) and the impact criteria of Section 1244.06 (e), as detailed in the staff report for this application. Ms. Horne asked how the proposed setback compares to the setbacks of other signs in the area. Ms. Stachowiak said that the proposed sign will actually be further back that the majority of the other signs along S. Pennsylvania Avenue because of the large amount of excess right-of-way in this area. Jeff Keyes, Kebs, Inc. stated that they are currently in site plan review for a building addition and site improvements at 5701 S. Pennsylvania Avenue and they would like to do everything all at once, including relocating the sign. Board of Zoning Appeals Minutes April 8, 2010 Page 2 Mr. Burgess asked if anyone else wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Ms. Horne stated that staff has adequately described the practical difficulty. She said that she can support the variance since it is just relocating an existing sign and the proposed location is consistent with the setback of other signs in the area. E. Horne moved to approve BZA-3954.10, a variance of 7 feet, 4 inches to the setback requirement for a ground sign at 5701 S. Pennsylvania Avenue, on a finding that the variance would be consistent with the practical difficulty criteria of Section 1244.06 (c) and the impact criteria of Section 1244.06 (e), as detailed in the staff report for this application. Seconded by G. Hilts. VOTE YEA NAY Hilts X Frederick X Horne X Swix X Burgess I X Motion carried by a vote of 5-0. B. BZA-3955.10, 829 N. Foster Avenue This is a request by Adam Daniel Atkinson for a variance from the height requirement for a front yard fence at 829 N. Foster Avenue. The applicant is proposing to construct a six (6)foot high privacy fence in his E. Grand River Avenue front yard. 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 approval of the request on a finding that the variance would be consistent with the applicable practical difficulty criteria of Section 1244.06 (c) and the impact criteria of Section 1244.06 (e), as detailed in the staff report for this application, with the following conditions: 1. The top 3 feet of the fence is visually open and designed to match the fence located along the west property line, 2. A row of evergreen trees or shrubs be planted in front of the fence, and 3. The fence not extend into the Foster Avenue front yard of the property. Ms. Stachowiak stated that the applicant has some concerns about the condition requiring that the top 3 feet of the fence be visually open. She said that the applicant has met with the adjoining neighbor and her concerns about visibility would be satisfied if the fence were simply moved south of the tree that is located in the northwest corner of the lot. Mr. Hilts asked if the fence could be used as a trellis (climbing vines) to soften the appearance of the fence. Ms. Stachowiak stated that this would be ideal. Ms. Horne said that the shrubbery should be limited to 3 feet in height to prevent any visibility issues. Board of Zoning Appeals Minutes April 2010 Page 3 Officer Adam Atkinson, 829 N. Foster Avenue, spoke in favor of his request. He said that he has been accepted to the police K-9 unit and the purpose of the fence is to provide a safe and secure area to exercise and train the K-9 dog. Mr. Atkinson said that a 3 foot high fence will not hold a canine dog and the staff recommendation for keeping the top half of the 6 foot fence open e dog.be a reaHe I safety issue if someone said that he also cannot risk rtheodog put their hand through the fence to touch th getting hurt or lost because it cost approximately $15,000 to purchase and train a canine dog. He also said that he spoke to the neighbor directly to the west and her concerns oved south about blocking visibility wst will corneer of the site Th thee neighbor ence is to the south is the tree that is happyabout the located in the northwest fence because it will reduce noise and beautify the property. Officer Gary Heckman, 87 Red Cedar, East Lansing, said that he hi 9 h fence and the Officer for 10 years. He said that his K-9 dog can fump over a These dogs have to burn off energy safety of people and the dog is their top priority. because they are work dogs. Officer Heckman said that the neighbors in this area are excited to have a police dog nearby. Mr. Burgess asked if anyone ee of the wished to address the Board. Seeing none, the Board moved into the commit Mr. Frederick asked what Mr. Atkinson is going to name the dog. e is ring Mr. Atkinson said that will f t her be�rs'Bon nau cho or Bthe Jacksonono. He idpto ceat hoffice�that was calling him Bono in honor killed on March 9, 2010. Mr. Swix stated that the fence to the west that the new fence will connect is open and therefore, someone could stick their hand through that fence and get injured. Mr. Atkinson said that he will have to look into completely enclosing the fence on the west side in order to make is completely safe. Mr. Hilts said that the fence will rovide uffer the noise from alllvacy and make of the heavy traffic things09 quieter in the Grand River. house because it will b h the officer and Burgess said that dog tl be time when children are walking back going to work t (land forth befrom be on the property mostof the school. Mr. Swix asked if these dogs are cross-trained. Officer Heckman said that there is some cross-training. He said that MSU has 5 bomb dogs and 2 drugs dogs. He said that they are all multi-trained in other areas such as track people down. Ms. Horne said that she is supportive of the variance but would like there to be a condition that the shrubs cannot exceed three feet in height. Officer Atkinson said that he is Barberry red bushes. Mr. Frederick stated that these types of shrubs can be toxic to dogs. A. Frederick moved to approve BZA-3955.09, a variance of 3 feet to the height limitation for a front Board of Zoning Appeals Minutes April 8,2010 Page 4 ce be istent th Y and fence at 829 N. Foster Avenue, on a findingcandat the the mpactncriteria uof Section 1244.06'(e)the practical difficulty criteria of Section with the following conditions: detailed in the staff report for this application, 1, The fence is located south of the tree near the northwest corner of the lot, 2. A row of shrubs, planted and maintained at height not exceeding 3 feet, be planted in front of the fence, and ster Avenue front yard of the property. 3. The fence not extend into the Fo Seconded by G. Hilts. NAY VOTE YEA Hilts X Frederick X Horne X Swix X Burgess X Motion carried by a vote of 5-0. Vl. OLD BUSINESS A. Rules of Procedure - No action VII. PUBLIC COMMENT - None Vlll. APPROVAL OF MINUTES A. Minutes of Re ular Meetin held Januar 14 2010 A. Frederick moved, seconded by G. Swix to approve the minutes of January 14, 2010, as printed. On a voice vote, the motion carried unanimously (5-0). IX NEW BUSINESS A. Excused Absences Horne moved, seconded by G. Swix to approve an excused absence for M. E. E. Ho from the January 14, 2010 meeting. On a voice vote (5-0), the motion carried unanimously. E. Horne moved, seconded by G. Hilts to approve an excused absence for B. April 8, 2010 Board of Zoning Appeals Minutes Page 5 McGrain from the January 14, 2010 meeting. On a voice vote (5-0), the motion carried unanimously. B. Property Tax Expose' it Mr. Burgess said that he lived on Coulson axes and ins uhancerfordthelhouserontCoulsonal when hon moved to Rolfe Road. He said that the Court were paid through eschisca caused his ta and he did xes t bt know e late but he has sinat once the ce taken careof stops,the taxes increase. Th the taxes. C. Election of Officers n of officers. Ms. Stachowiak said that this item Mr. Burgess said that it is time for electio will be on the next BZA agenda. X. ADJOURNMENT AT 7:15 P.M. Respectfully submitted, Susan Stachowiak, Zoning Administrator Board of Zoning Appeals Minutes January 14, 2010 Page 1 MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS January 14, 2010 6:30 P.M. South Precinct Conference Room -3400 S. Cedar Street I. ROLL CALL The meeting was called to order by Chairman Burgess at 6:30 p.m. Chairman Burgess read the BZA introduction. Roll call was taken. Present: B. Burgess B. McGrain G. Swix M. Alling A. Frederick G. Hilts Absent: M. Mayberry E. Horne Staff: S. Stachowiak H. Stanley 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, seconded by G. Hilts to approve the agenda with the ,addition of,-- excused absence" under new business. On a voice vote, the motion carried 6-0. J III. HEARINGS/ACTION A. BZA-3951.09, 1909 W. Saginaw Street taw This is a request by Frank Delacruz for a variance to permit the sign on the roof of the building at 1909 W. Saginaw Street (Famous Taco). Section 1442.21(f) of the City Sign Code prohibits roof signs. Staff recommended approval of the request on a finding that the variance would be consistent with the applicable practical difficulty criteria of Section 1244.06 (c) and the impact criteria of Section 1244.06 (e), as detailed in the staff report for this application. Ms. Stachowiak stated that Icon Sign & Design applied for a permit to install a sign on the building at 1909 W. Saginaw Street. The permit could not be approved because the sign extended above the eave line, thereby making it a roof sign by Sign Code definition. The sign company apparently did not realize that they had to have the actual permit before the sign could be installed. Having submitted the application, the sign company erected the sign as it had been proposed. The City then contacted the sign company and the applicant to inform them of the situation. They elected to apply for a variance to allow the sign to remain as in its current location since the architecture of the building does not provide any other options for the installing a 16" x 23' (30.6 square foot) wall sign. Mr. Burgess asked if anyone wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Board of Zoning Appeals Minutes January 14, 2010 Page 2 Mr. Hilts stated that the BZA has had other cases of this nature where the building cannot accommodate a sign that is flat mounted against the wall of the building. He said that even with the sign in its current location, he almost missed it as he was driving by because it is so far back from the road. Mr. Swix stated that the sign is necessary to alert motorists before they go too far and have to slam on the brakes. Ms. Alling stated that the billboard and the architecture of the building make it impossible for the applicant to do anything else with signage. She said that the building is set back quite far from the road so it is already difficult to spot. Mr. McGrain stated that he supports the request. He stated that the ordinance was intended to prevent signs that sit on the top of the roof. This sign is located even with or slightly below the uppermost peak of the roof. G. Swix moved to approve BZA-3951.09, a variance to permit the sign on the roof of the building at 1909 W. Saginaw Street (Famous Taco), on a finding that the variance would be consistent with the practical difficulty criteria of Section 1244.06 (c) and the impact criteria of Section 1244.06 (e), as detailed in the staff report for this application. Seconded by G. Hilts. VOTE YEA NAY Hilts X Frederick X Ailing X Swix X Burgess X McGrain X Motion carried by a vote of 6-0. B. BZA-3952.09, 5468 S. MIL King This is a request by Haley Law Firm for a variance to construct a 135-foot high, monopole, telecommunications tower in the rear yard at 5468 S. ML King Blvd.. Section 1248.10(a) of the Zoning Ordinance permits a maximum height of thirty-five (35)feet in the "A" Residential District. A variance of 100 feet to the height limitation is therefore, being requested. Staff recommended approval of the request on a finding that the variance would be consistent with the applicable practical difficulty criteria of Section 1244.06 (c)and the impact criteria of Section 1244.06 (e), as detailed in the staff report for this application. Ms. Stachowiak stated that a special land use permit will be required to construct the proposed tower. There is already a lattice tower less than 200 feet to the north and since there has already been one other tower approved for construction in the area, the tower that is the subject of this application may or may not get approved. The applicant for the Board of Zoning Appeals Minutes January 14, 2010 Page 3 tower at 5404 S. ML King has recently submitted revised site plans and appears to be finally making some progress towards getting the new tower erected. If the proposed tower is to be erected, in addition to the height variance, the City Council will have to authorize exceptions to the setback and separation requirements contained in the new ordinance. The new ordinance gives the City Council sole authority over the setback requirements and the required separation distances between towers, as part of the special land use permit process. The issues surrounding the proliferation of towers in this area will be considered during the special land use permit process. The only issue that needs to be considered by the Board of Zoning Appeals is whether there is sufficient justification to warrant approval of the height variance. Wally Haley, Haley Law Firm, 8065 E. Grand River, Brighton, MI, spoke in favor of the request. He said that the reason there are cell phone towers in residential areas is because people are using cell phones instead of land lines in their homes. He said that this location was selected because it is a heavily wooded and is right next to the Consumer's Energy towers so it will blend in with the existed features in the area. Tim Haggard, 5405 S. ML King, stated that he represents the Pipe Fitters Union where the Vertical Properties tower is to be built. He said that the tower will get built and has only been delayed due to some Board of Water and Light issues with supplying power to the tower. Mr. Haggard said that the tower will get built this summer. Mr. Burgess asked if anyone else wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. McGrain asked about the height. Ms. Stachowiak said that all of the towers in the city are between 120-150 feet high. She said under the new ordinance, the City Council deals with all issues, except height. Mr. Swix asked if the Council can still approve or deny the tower, regardless of the height variance. Ms. Stachowiak said that the variance is irrelevant if the Council does not approve the Special Lane Use permit. Mr. Frederick stated that the cell phone towers have an inherent practical difficulty in meeting the height limitation in residential districts. A. Frederick moved to approve BZA-3952.09, a variance of 100 feet to the height limitation to construct a 135-foot high, monopole, telecommunications tower in the rear yard at 5468 S. ML King, on a finding that the variance would be consistent with the practical difficulty criteria of Section 1244.06 (c) and the impact criteria of Section 1244.06 (e), as detailed in the staff report for this application, with the following conditions: 1. The tower shall be "monopole"type. 2. The proposed monopole tower provide for a co-location of at least 3 antennas. 3. The tower shall not interfere with telemetry communications of local hospitals and emergency services. 4. Landscaping be added around the base of the tower to buffer the view of the base from surrounding properties. 5. The tower be appropriately accessible and fenced for security, without the use of barbed wire. Board of Zoning Appeals Minutes January 14, 2010 Page 4 6. The tower and any mechanical equipment shed be consolidated and placed in locations as far away from surrounding residential units so as to minimize the visual impact. Seconded by G. Hilts. VOTE YEA NAY Hilts X Frederick X Ailing X Swix X Burgess X McGrain X Motion carried by a vote of 6-0. C. BZA-3953.09, 4615 Tranter Street This is a request by Haley Law Firm for a variance to construct a 145-foot high, monopole, telecommunications tower in the rear yard at 4615 Tranter Street. Section 1274.09 of the Zoning Ordinance permits a maximum height of 120 feet in the "H" Light Industrial District. A variance of 25 feet to the height limitation is therefore, being requested. Staff recommended approval of the request on a finding that the variance would be consistent with the applicable practical difficulty criteria of Section 1244.06 (c) and the impact criteria of Section 1244.06 (e), as detailed in the staff report for this application. There is an existing 145 foot tall, lattice telecommunications tower located just south of the building at 4615 Tranter Street. CATA has purchased property to the south and is proposing to expand the building which will necessitate removal of the existing tower. The new cell tower ordinance encourages the removal of lattice towers and even allows them to be reconstructed as monopole towers without having to obtain a special land use permit or variance, as long as the tower is only moved 50 feet from its existing location. In this case, the tower will be moved 517 feet to the northeast of its current location in order to get it further away from the residential neighborhood to the west and to get it out of the way of any future development plans for the CATA operations. The new tower will allow for co-locations and will therefore, serve the needs of various carriers that need to obtain additional coverage. Thomas Hamlin, 4621 Devonshire Drive, asked if the tower is for the CATA operations or for cellular communications. Ms. Stachowiak stated that it is for both. She said that it replaces the existing CATA tower but will be able to accommodate cellular antennas as well. Mr. Burgess asked if anyone else wished to address the Board. Seeing none, the Board moved into the Committee of the Whole. Mr. Swix asked why.this tower is 145 feet high instead of 135 feet high like the one on MLK. Board of Zoning Appeals Minutes January 14, 2010 Page 5 Ms. Stachowiak said that the existing tower is 145 feet and this is just a replacement. B. McGrain moved to approve BZA-3953.09, a variance of 25 feet to the height limitation to construct a 145-foot high, monopole, telecommunications tower in the rear yard at 4615 Tranter Street, on a finding that the variance would be consistent with the practical difficulty criteria of Section 1244.06 (c) and the impact criteria of Section 1244.06 (e), as detailed in the staff report for this application,with the following conditions: 1. The tower shall be "monopole"type. 2. The proposed monopole tower provide for a co-location of at least 3 antennas. 3. The tower shall not interfere with telemetry communications of local hospitals and emergency services. 4. Landscaping be added around the base of the tower to buffer the view of the base from surrounding properties. 5. The tower be appropriately accessible and fenced for security. 6. The tower and any mechanical equipment shed be consolidated and placed in locations as far away from surrounding residential units so as to minimize the visual impact. Seconded by G. Swix. VOTE YEA NAY Hilts X Frederick X Ailing X Swix X Burgess X McGrain X Motion carried by a vote of 6-0. VI. OLD BUSINESS A. Rules of Procedure - No action B. BZA-3948.09, 1700 Lindbergh Drive Mr. McGrain made a motion, seconded by Ms. Ailing, to remove BZA 3948.09 from the table. On a voice vote (6-0), the motion carried unanimously. Ms. Stachowiak said that since this case was originally heard by the BZA, the applicant has supplied additional information to show that there is a grade change that warrants relief from the ordinance. She said that the photograph that she distributed illustrates this by showing how much that the house is higher than the fence. Mr. Frederick asked how the height of a fence is determined. Board of Zoning Appeals Minutes January 14, 2010 Page 6 Ms. Stachowiak said that it is measured at the grade where the fence is located to the top of the fence. Mr. Burgess said that the request could be approved as it is consistent with the intent of the ordinance. He said that it does not create a "wall' affect which is what the ordinance is intended to prevent. Mr. Frederick said that addressing line of site issues is a slippery slope when considering variances. Mr. Hilts said that he walked around the area. He said that Lansing is predominantly flat and therefore, the ordinance does not address situations where there is a lot of grade changes. He said that this is one area where the topography of the land is irregular and these unique situations are what variances are intended for. Mr. Hilts said that the fence does not have a "stockade" appearance and it is only visible to one or two neighbors and they are supportive of the fence. Mr. McGrain said that approval of the variance would be consistent with the spirit of the ordinance. He said that it is not a stockade fence, it is not in the front yard and there is a practical difficulty involving the grade change on the lot. William Guerin, 1700 Lindbergh Drive, spoke in support of his request. He stated that his neighbors spoke in favor of the fence. He said his neighbor is a contractor and often works in his garage and the fence provides privacy and acts as a sound barrier so he can still enjoy his back yard. G. Swix moved to approve BZA-3948.09, a variance of .8 feet to 1.8 feet to the height limitation for a rear yard fence at 1700 Lindbergh Drive, on a finding that the variance would be consistent with the practical difficulty criteria of Section 1244.06 (c) and the impact criteria of Section 1244.06 (e), as detailed in the staff report for this application. Seconded by G. Hilts. VOTE YEA NAY Hilts X Frederick X Ailing X Swix X Burgess X McGrain X Motion carried by a vote of 5-1. VII. PUBLIC COMMENT - None Vill. APPROVAL OF MINUTES Board of Zoning Appeals Minutes January 14, 2010 Page 7 A. Minutes of Regular Meetin held December 10 2009 he nutes of A. Frederick v On a voice vote,thy G.e motion cawix to rried urove nanimously ml ously(60 December 10, 2009, as printed. IX. NEW BUSINESS A. Excused Absences G. Swix moved, seconded by B. the December 0, 2009r ain to approve an excused absence for M. Mayberry frmeeting. On a voice vote (6 0), the motion carried unanimously. G. pprove an excused Swix moth' seconded December 10,2 009 mreeting.y McGain to a absence for E. On a va ce vote (6-), the Hmoti n Horne from carried unanimously. X. ADJOURNMENT AT 7:15 P.M. Respectfully submitted, Susan Stachowiak,Zoning Administrator