HomeMy WebLinkAbout1989 Board of Zoning Appeals Minutes Minutes of the Regular Meeting
Board of Zoning Appeals
January 12 , 1989 - 7 :30 p.m.
City Hall, Council Chambers. 10th floor
The meeting was called to order by Chairperson Mary Clark at 7 :30 p.m.
Roll call was taken.
Present Excused Absence
Mary Clark Priscilla Holmes
Christopher Steele H. P. Curran
Edward Spink
Bernard Christy Unexcused Absence
Tom Kane
Floyd Wright Grant Hilts
Staff
Vern Fountain, Zoning Administrator
Jim Ruff, Senior Planner
Elizabeth Gunter, Recording Secretary
Spink made a motion for an excused absence for P . Holmes, second by
Christy. Motion passed unanimously.
Tabled Appeal #2941 , 6835 S . Washington
Kane made a motion to remove appeal #2241 from the table. Second by
Wright. Motion carried unanimously.
Fountain - The property line dispute, which was an issue on this
appeal has been resolved. So now you just have to rule on the appeal
which consists of a request to allow a garage 144 sq ft over the al-
lowable size.
Brian Nesbitt - I canvassed my neighbors and no one really had a
problem. I wasn' t trying to increase the building size when I built
it for parking area that' s strictly to enjoy the property, its going
to be used as a patio, the added floor area never will be parking area
or storage area.
Steele made a motion to deny appeal #2941 . Second by Spink . No
hardship caused by the code.
Yeas : Clark, Spink, Kane, Steele
Nays: Christy, Wright
Motion to deny carried.
PAGE 1
Wright made a motion to approve appeal #2941 . Second by Christy.
Hardship on the property owner to have to destroy a portion of some-
thing that has been erected, which does not look out of place .
Yeas: Christy, Wright
Nays: Spink, Steele, Kane, Clark
Appeal #2941 DENIED.
There was a motion to approve the request which received a vote of 2
yeas and 4 nays. However, Section 1244 .07 of the zoning code requires
that the concurring vote of a majority of the members serving on the
board of appeals shall be necessary to reverse an order, requirement,
decision or determination of the Planning Division or to decide in
favor of the applicant a matter upon which is required to pass under
an ordinance, or to effect a variance of such ordinance. There are a
total of nine members serving on the board of appeals, thus requiring
at least five affirmative votes for approval.
Those members voting in favor of the request, did not believe the
structure contributed to over development of the site since the lot on
which the structure was built is larger than average. They also felt
the structure was attractive and not out of place with development in
the vicinity.
Those members voting against the variance did not believe there is a
hardship associated with the request, and that the code requirements
allow reasonable use of the property. They also felt that the vari-
ance request was self created, and could have been avoided.
Appeal #2947 - 650 South Francis
This is a request by Arthur Simmons to make substantial repairs to the
fire damaged residence located at 650 South Francis Street. The
property is located in the flood plain of the Red Cedar River.
A presentation was given by V. Fountain. Slides were shown of the
subject property and surrounding land use. The applicant is request-
ing to make substantial improvements to the existing structure leaving
the main floor elevation below the base flood elevation.
Arthur Simmons - I bought this property about 22 years ago, I 'm re-
tired now and I need it for income. I would just like to get my house
fixed.
Wright made a motion to approve appeal #2947 because it is a practical
hardship Second by Spink.
Yeas : Wright, Spink, Christy, Kane, Clark
Nays: Steele
Appeal #2947 APPROVED .
PAGE 2
The board is satisfied based on testimony and evidence that the repair
of the residence and replacement of the garage will not result in a
more intense use of the flood plain. The board believes that repair
as proposed will restore the residence to its condition previous to
the fire and that the relationship between the use of the residential
property and flood plain will not be altered.
The board recommends approval of this variance subject to approval of
a permit by the Michigan Department of Natural Resources for repair as
requested.
Appeal #2948 - 913/915 East St. Joseph
This is a request by Peter and Theresa Deluca for a variance to allow
913/915 East St. Joseph to continue to be used as a two family
dwelling
A presentation was given by J . Ruff. Slides were shown of the sub-
ject property and surrounding land use.
Frank DeLuca, appearing on behalf of Peter and Theresa DeLuca. There
was an application filed for inspection pursuant to the code requiring
inspection of rental properties and that ' s when this situation came
about this time, that it does not conform to zoning code. Its been
assessed as a duplex for some time. Its been in existence for a num-
ber of years, taxed as such, its been listed on the assessors ' s roles
as a duplex. Records at the Board of Water and Light indicate that
two meters were installed right at the outset both for water and
electricity. One family did reside in the premises but its always
been a two unit facility. I brought in pictures that show since the
building was erected St. Joseph Street has been blocked, it is a dead
end street, right at this house, the street does not go on through to
Pennsylvania. There is adequate area on the premise for parking. The
garage was built to the rear, there is an alley in the rear, so there
is access from both the front and back. The adjoining properties are
either commercial, duplex, and multiple dwellings. We would ask that
the appeal be granted so that the situation can continue we feel it
would be useless to have to alter the premises after this period of
time.
Earl Thompson, owner of Thompson Car Clinic - The lot does not have
enough parking, the garage is two feet on my property. Right now
there ' s three cars there that are not licensed, basically junkers
sitting out back. There ' s not enough room to operate.
David Spore, 911 Larned Street, moved there 2 1/2 years ago. I also
feel there is not sufficient room. I have some pictures to show.
There are junk cars on the lot. I do not recommend support of this
appeal.
Margaret Rush, 922 Larned. I agree there is not enough room for
parking for this structure. There are two junk cars there, they are
not driveable, there are no license plates on these cars and they are
full of junk. The garage itself is not being used as a garage. There
PAGE 3
is no possible way to get into the garage. This property, when you
look, at it is neglected, it is run down. I ' ve owned my property for
10 years. The value of property has decreased over the years. The
neighborhood is deteriorating and this neglected structure does not
help.
Communication
Tom Boss, 714 E. St. Joseph, Auto Works. Does not object to the
structure at 912/915 E. St. Joseph to be used as a two family.
Mrs. Nancy Wilhelm, 915 , E . St. Joseph, rear tenant of subject
property, is in favor of retaining, the structure as a two unit.
Louise Williams, 801 E. St. Joseph, across the street, no objec-
tions.
Albert & Myrtelle Dormer, 914 Larned Street, we are against it. Not
large enough for the number of people living there, a garage was built
and never finished.
Phillip Burch, 809 E. St. Joseph, has no objection.
Georgia Vaugh, 819 E. St. Joseph, it would be a shame to kick out
a family when there is a shortage of housing.
Geraldine Langston, 837 E. St. Joseph, has no objection.
Steele made a motion to approve appeal #2948 . Second by Kane.
Yeas: Christy
Nays: Spink, Kane, Wright, Steele, Clark
Appeal #2948 DENIED
The board, based on testimony and evidence does not believe there is a
hardship in this request and based on the existing and previous use of
this property, found that two units is too intensive for the subject
parcel.
Appeal #2949 - 3003 East Michigan Avenue
This is a request by Paul Gentilozzi for the 3003 Partners, Inc. to
renovate an existing building located at 3003 East Michigan where the
first floor elevation is approximately 5 .5 feet below the base flood
elevation.
A presentation was given by V. Fountain. Slides were shown of the
subject property and surrounding land use.
Bob Smith with Hobbs & Black Architect, I 'm representing 3003 Partners
Inc. the developers of this property. The site is entirely in the
flood plain and approximately 5 1/2 ' below the flood plain. The
building was built in the 1940 ' s as a car dealership and has always
been a car dealership. This is the first major renovation of the
building and it will continue to be a auto dealership. The hardship
would be to raise the floor of that building up 5 1/2 ' , obviously it
PAGE 4
would make that building unusable and to tear that down and build a
new building there with an auto show room 5 1/2 ' higher would be im-
practical . This has been reviewed by DNR, Planning Board and City
Council and as been approved. The renovation that the developer is
proposing is approximately $600 ,000 , so it will become a nice building
a nice addition to the city as opposed to the alternative of leaving
it vacant. So we would hope that your would approve this appeal.
Wright - As you know, I am acting as a liason between the Planning
Board and this board. On December 20 , 1988 the Planning Board voted
to approve the special land use for this property (SLU 14 ) , subject to
approval of this board. Also, city council approved it, but it is
contingent on what this board does.
Kate Young, Eastside Neighborhood Organization, sent a letter sup-
porting the variance request.
Wright made a motion to approve appeal #2949 . Second by Christy
Yeas: Christy, Spink, Kane, Steele, Wright, Clark
Nays: none
Appeal #2949 APPROVED
This request was approved subject to the entire electrical service
being elevated at or above the 100 year flood plain of the Red Cedar
River.
It is understood that the mechanical and heating system is presently
above the 100 year base flood elevation and any expansion of the
system will also be elevated, at or above the base flood level .
The subject property is zoned ' F' Commercial and was previously used
for a new and used car dealership. The applicant proposes to estab-
lish a new and used car dealership.
The board was satisfied based on testimony and evidence that the new
use will not be anymore intense than the previous use and is compati-
ble with other commercial activity in the area.
The board further found that there are other structures in the vicin-
ity that are constructed below the base flood elevation.
The board believes that the requirement to floodproof or elevate the
first floor level would limit the usefulness of the existing building
and could place unreasonable limitations on the use of the property.
The board believes that approval of this variance is in keeping with
the general intent of the code, however, the issuance of a variance to
construct a structure below the base flood level will result in in-
creased premium rates for flood insurance; and such construction below
the base flood level increases risk to life and property. Such noti-
fication shall be maintained with a record of all variance actions .
PAGE 5
Appeal #2950 - 5700 block Selfridge
This is a request by Judith Heppinstall to permit the construction of
a single family house on the vacant property located in the 5700 block
of Selfridge Boulevard (north side, approximately 105 ' to the north-
west of 5767 Selfridge) to be 9 .5 ' from the rear property line.
A presentation was given by V. Fountain. Slides were shown of the
subject property and surrounding land use.
Wright - There are several new homes near this lot, do the back yards
of these homes violate the set back requirements?
Fountain - They all meet code requirements .
Judith Heppinstall, 4915 Aspen Drive, Lansing - We propose to build a
3 bedroom ranch. I have a set of blueprints here. We do not propose
to set the house back anywhere but in line with all of the other new
homes.
Spink made a motion to approve appeal #2950 . Second by Wright.
Yeas: Kane, Spink, Steele, Christy, Wright, Clark
Nays: none
Appeal #2950 APPROVED
The board found based on testimony and evidence that a hardship exists
due to the orientation and size of the lot.
Appeal #2951 - 1235 Roth Drive
This is a request by Conrad Knape representing B-1221 Corporation to
place a building three feet from the rear (north) property line on the
property at 1235 Roth Drive. The property is zoned ' F' Commercial
District, of which Section 1268 .08 requires a rear yard setback of 25
feet. This variance request is for 22 feet.
A presentation was given by J . Ruff. Slides were shown of the sub-
ject property and surrounding land use.
Russell Peabody, architect, representing B-1221 Corporation - When we
looked at this project it became obvious that in order to put any kind
of building on the property we would have to put it off to one side or
the other. Having the ability to park in the front yard as we do in
the ' F' Commercial District dictated to us that parking in the back
was not a very viable option. If the building can be set to the back
property line or 3 ' from the property line we feel that this will be a
very good project for the area.
Steele - What is the proposed use of the building?
Peabody - The use will be small office space as well as open space for
people such as sales representatives, where they need an office space
to do paper work.
PAGE 6
Kane made a motion to approve appeal #2951 , 1235 Roth Drive. Second
by Steele. The hardship being the inability to develop the site ap-
propriately. The hardship is code related.
Yeas: Spink, Christy, Wright, Kane, Steele, Clark
Nays: none
Appeal #2951 APPROVED
The board found based on testimony and evidence that there is a hard-
ship based upon the configuration of the lot and the code established
building envelope. The board was satisfied based on testimony and
evidence that the lack of a substantial rear yard will not adversely
impact the abutting expressway.
Appeal #2952 - 2900 block Staten
This is a request by G . D. Mulder & Sons for a variance to construct
a duplex on property at the southwest corner of Staten Avenue- and
Trudy Lane, 24 ' of the east property line.
A presentation was given by V. Fountain. Slides were shown of the
subject property and surrounding land use.
Todd McMillan, representing G. D. Mulder & Sons - I attempted to
design this duplex so as to not infringe on any of the required set-
backs . The proposed buyers of the duplex wish to have garages for
both units . They want one on Staten and one on Trudy Lane. Holding
the variances on the other three sides in check, we felt that the 11 '
variance requested here tonight would be the least objectionable to
the neighbors in the surrounding area.
Warren McKenzie, I live and own 2921 , 2923 Trudy Lane - I have a let-
ter from Mr. & Mrs. Fred Moore, property owners at 2907 and 2909
Trudy Lane . They oppose the G .D. Mulder and Sons request for vari-
ance. We feel it would detract from the appearance of the area, de-
value our property and make our rental units less desirable to
tenants.
McKenzie - We have a very unsafe situation at the intersection of
Staten and Trudy Lane, it is an uncontrolled intersection and when the
residents who live on the cul-de-sac attempt to get in and out of the
area, we find it difficult to approach the intersection when vehicles
are approaching from the east or the west without feeling we are in
jeopardy. I think this particular setback is going to create more of
a hazard on that corner.
Doug , owner 2908 and 2910 Trudy Lane - I have a written letter
from my tenant at 2910 Trudy Lane who opposes the variance, if allowed
the request will completely block our residence from view from the
intersection entering our cul-de-sac.
Owner of 2908-2910 - oppose variance, the structure will block view at
intersection, parking is a problem in front of my place and it would
be taken away. The view would be taken away, and the ability to keep
tenants will be reduced.
PAGE 7
Beth Lott, I live at 2902 Staten - I oppose the appeal.
Steele - Were there any prior plans submitted for that lot?
McMillan - I 'm not aware of any.
A letter from Tony Hamilton, Steven Esch, residents of 2910 Trudy Lane
who oppose the variance. It blocks our residence from view from the
intersection entering the cul-de-sac.
A letter from Eleanor Frederickson, 3001 Staten - oppose the variance.
Kane made a motion to table appeal #2952 . Second by Spink. Motion
passed unanimously.
Appeal #2952 TABLED
This request was tabled to have the applicant consider redesigning the
plan with the thought of locating the proposed new dwelling further
back from Trudy Lane.
Appeal #2954 - 3122 East Grand River
This is a request by Quality Inn to construct a pool enclosure and
convert some rooms into suites at the hotel located at 3121 East Grand
River Avenue.
A presentation was given by J . Ruff. Slides were shown of the sub-
ject property and surrounding land use.
The various uses within the hotel require 184 parking spaces while 145
exists on site. Peak hours of operation for these uses (hotel rooms,
restaurant, meeting rooms, etc) do not overlap, according to Section
1284 .06 of the zoning code, the board of zoning appeals may permit a
variance for this joint use of spaces . The conversion of some of the
hotel rooms to suites will result in fewer available rooms .
Bob Cook, general manager of Quality Inn. - We acquired this hotel 7
1/2 years ago. We don' t have sufficient parking, but I can never re-
call us not having enough. Because of the meeting rooms which are
normally used during the day and the restaurant, and the motel rooms
at night, we have always had sufficient parking for these functions .
I have four letters from companies that do have meetings with us,
stating that they have never had a problem with the parking.
In the last two years the number of motel rooms in the greater Lansing
area has increased from 2200 to 3800 . All we want to do is renovate
to make it a better product, not only for customers but for the city,
because it is a one purpose building. We want to bring it up to to-
days standards .
Communications
PAGE 8
A letter from Ben Amber, Amber Apartments, back up to to motel. In
the past noise problems in the summer. We request adequate noise and
visual screening .
A letter from Zonta Club, parking adequate, we support the request.
A letter from The Michigan Live Stock Exchange, we use the Inn for
meetings, and have never encountered and problem with parking.
A letter from Michigan Millers Mutual Insurance Company, we hold
meetings at the Inn, and have never encountered a parking problem.
AAA Michigan, we use Inn for meetings and social events. At no time
have we encountered parking problems .
Spink made a motion to approve appeal #2954 . Second by Kane.
Yeas : Wright, Spink, Steele, Christy, Kane, Clark
Nays: none
Appeal #2254 APPROVED
The board was satisfied based on testimony and evidence that the ex-
isting 145 parking spaces would meet the needs of the multi-use motel
property. Also the peak hours of the multiple uses do not overlap.
Minutes
Wright made a motion to approve the minutes of the December 8, 1988
meeting. Second by Christy. Motion passed unanimously.
Old Business
Update of Eyde property on Mt. Hope.
Bernard Christy requests an excused absence for the February meeting.
There being no further business the meeting was adjourned at 9 :15 pm.
The next meeting will be February 9 , 1989 .
ern Founta n
Secretary
Board of Zoning Appeals
PAGE 9
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Minutes of the Regular Meeting
Board of Zoning Appeals
February 9 , 1989 - 7 : 30 p.m.
City Hall, Council Chambers. loth floor
The meeting was called to order by Chairperson Priscilla Holmes at
7 : 30 p.m.
Roll call was taken.
Present Excused Absence
Mary Claris Bernard Christy
Patricia Curran
Edward Spink
Grant Hilts
Floyd Wright
Tom Kane
Christopher Steele
Priscilla Holmes
Staff
Vern Fountain, Zoning Administrator
Jim Ruff, Senior Planner
Elizabeth Gunter, Recording Secretary
Kane made a motion to remove appeal #2952 , 2800 block Staten, from the
table. Second by Spink. Motion passed unanimously.
No one was present to speak in regard to the appeal. An alternative
site plan was not submitted.
Spink made a motion to deny appeal #2952 . Second by Steele.
Yeas: Clark, Curran, Spink, Hilts, Wright, Kane, Steele
Nays: none
Abstain: Holmes
Appeal #2952 DENIED
This action followed the Board tabling the request at the January 12 ,
1989 meeting, allowing time for an alternative site plan to be sub-
mitted illustrating a greater setback . An alternative site plan was
not submitted, therefore the Board took action to deny the petition.
The Board believes that the lot is of sufficient size to develop a
residential structure that will be compatible with development in the
vicinity.
Appeal #2953 , 221 West Saginaw
This is a request by Ladonna Hampton of Apple Blossom Learning Center
to convert the building at 221 West Saginaw Street from office to a
child day care facility.
A presentation was given by J . Ruff. Slides were shown of the sub-
ject property and surrounding land use.
The property is primarily zoned 'D-l ' Professional Office District
which allows the building to be used as a child care facility. The
guide lines for child care facilities require a total of 7550 sq ft of
open space for the proposed capacity of 50 children.
The property illustrates 570 sq ft of open spaces , thus requiring a
variance of 6980 sq ft.
Clark - Is there an easement off Saginaw to the building?
Ruff - Its a joint easement for the use of the two properties.
Clark - Is a parking variance required?
Ruff - No parking variance required. The site has by code the re-
quired parking spaces for the proposed child care facility.
How many are required for the day care center?
Ruff 15-16 spaces and there are 17 available.
Richard Cooley, Planning Consultant, I 'm here on behalf of the appli-
cant. Ladonna Hampton is the director of the Apple Blossom Day Care
Center. They have been in operation at their present location for six
years .
The staff has made recommendations to safeguard the play area for the
children on site, we concur that those things need to be done. For
the past six years the center has made a practice in nice weather of
taking small groups of children anywhere from 10-20 well supervised by
3-4 adults downtown to the Capitol, or just for walks . There ' s never
been any mishap with taking the children to off-site areas.
Curran - Are you going to be operating out of two buildings or will
everyone be moving to the proposed location?
Cooley - Everyone will be moving over to the new location.
Curran - Will this open space be fenced?
Cooley - We have it enclosed on two sides the other two sides are the
parking area, they could be fenced.
Clark - What kind of hours are you proposing?
Cooley - They start as early as 5 :30 am til 7 :30 p.m. Monday through
Friday then Saturday 7 :00 am - 5 :00 p.m.
Clark - How many offices are in the office building to the south of
you?
Cooley - I can' t tell you how many tenants there are in there, there
are two floors. There is a single business on the main floor and one
or two on the upper floor.
Clark - I presume they have traffic coming and going all day, and that
being the case how are you proposing to protect that open play area
from the cars going in and out and backing out of their spots that are
perpendicular to that area?
Cooley - I don' t have a real good answer for that. Its something we
intend to work out prior to the time we are in front of the Planning
Board for site plan approval . At this point, we would have some mov-
able barriers which could be moved from the edge of the parking space
near the open space out to the drive edge of the parking spaces .
Holmes - Does the State have minimum distance for off-site play area
that has to be provided?
Cooley - I don' t know.
Ladonna Hampton - They don ' t have a minimum, they just take each case
separately.
Holmes - Would you be able to use the drive off Seymour?
Cooley - Yes.
Mary Zeal, 421 West Madison, I have lived there for 7 years. I have
two children in Apple Blossom Learning Center. I feel very comfort-
able with the proposal to go to Durant Park for the play area because
the park itself is a whole block. There is ample space for the chil-
dren who live in the area and the children at Apple Blossom. I ' ve
been on some of the different trips the children have had, and they
are very well taken care of.
Communications
Nicollete McElroy called expressing concern for child safety.
Deb Mulcahey, owner of 608 Seymour called expressing concern re: 1 )
child safety when getting to Durant Park 2 ) Traffic safety to and from
the subject property 3 ) Additional strain on combined sewer system
with 50 kids .
Dan Schade, property owner on Seymour Street has no objection to the
request.
Mr. Panetta, 707 Seymour called. He has no objection but is con-
cerned about its placement near all the traffic.
Colleen McNamara called for the Downtown Neighborhood Association.
They support the day care center, however 1 ) they are concerned about
the shared driveway off Seymour, 2 ) peak child drop off & pick up will
be at the same time as Saginaw St. peak hours of traffic 3 ) concerns
of crossing Saginaw & Capitol to get to adequate play space. The site
does not contain enough.
Clark - If only half the site is being leased do they have adequate
parking?
Ruff - The building is being leased. The six spaces behind the
building are those designated for the office and the remainder are
designated for the child care facility and are sufficient to meet the
code.
Curran made a motion that appeal #2953 be approved subject to the
recommendation of the Planning staff. Second by Hilts.
Yeas : Curran, Hilts, Wright, Kane, Holmes
Nays: Spink, Clark
Abstain: Steele
Appeal #2953 APPROVED
The Board found, based on testimony and evidence, that the proposed
land use will be a reasonable use for the property but that special
care is required to provide safety for children when outdoors.
The Board believes that there is a hardship when attempting to utilize
an existing structure on a lot that is not large enough for most re-
habilitating proposals.
The Boards approval was contingent upon two conditions : 1 ) The out-
door play space being made safe and secure and made larger if at all
possible 2 ) The use be reviewed by the Planning Board with regard to
Chapter 1294 of the Zoning Code Regulations of Nonconformities.
This second condition requires the Planning Board to evaluate this
proposed use of the dimensionally nonconforming building, either as a
Class B substitution or as a Class A petition.
Appeal #2955 - 2305 East Michigan
This is a request by David Shakespeare for Michigan Bell to place a
12 ' x 24 ' electronic communications equipment building at the rear of
the lot at 2305 East Michigan Avenue.
A presentation was given by J. Ruff. Slides were shown of the sub-
ject property and surrounding land use.
The building is to be placed within 7 ' of the rear property line.
Code requires a 25 ' rear yard setback in the ' F-1 Commercial District.
Dave Shakespeare from Michigan Bell. I have a letter from the prop-
erty owner to the north and I also have some drawing of the building
exterior. The building exterior will be brick. A 6 ' stockade fence
is proposed as a buffer screen, asphalt to the fence and all around
the MBT building. The approximate size of the building will be
12 ' x24 ' and will contain virtually noiseless high technology elec-
tronic switching equipment.
Paul Wiegman, I own the house at 121 North Hayford. I am opposed to
the this variance. David Shakespeare wanted to put the building on my
property and certain people were opposed to it. They thought it would
be a disruption to the neighborhood. The lot is not designed for two
different types of uses . There will be heavy trucks coming in every
day to the small area and no where to turn around to get back onto
Michigan Avenue.
Kate Young, 301 Allen Street, president of Eastside Neighborhood Or-
ganization. We have been working with Michigan Bell on this for sev-
eral months now and we support their variance for a setback .
Dr. Gerald Hause, 4596 Sandstone, Williamston, I own the property
immediately west of the subject property. I have concerns . I have
been asked for an easement to be granted to MBT and that would cut
across my property. They want a strip 10 ' wide and 33 ' long along the
north end of the property. They want rights below ground and above
ground and this should be no problem, except that I had purchased the
property with eventually building a professional office building and
the square feet of professional office building I can build depends on
the number of parking spaces I can have. If I 'm unable to use this
easement for parking spaces it reduces the size of the building I can
build and takes it from a two suite office to a one suite which makes
it economically unfeasible to build. These are some of my concerns .
Kane - How often will this building be accessed?
Shakespeare - Once its built, 4-5 times a week for 15 minutes and a
regular type automobile will be used.
Spink - Does MBT intend to buy the entire piece of property?
Shakespeare - We are negotiating to buy a piece of property large
enough to put our building on and sufficient parking for 1 or 2 vehi-
cles the rest of property will be an easement out to the road for a
driveway. We do not intend to purchase the entire property.
Clark - Are you going to pave the lot?
Shakespeare - Yes we are proposing to pave the entire lot and put in a
catch basin.
Clark made a motion to approve appeal #2955 be approved on the basis
that substantial improvements are being made to the property, screen-
ing and buffering will be in place which is not there now and should
be, between residential and commercial uses. Second by Kane.
Yeas : Hilts , Wright, Curran, Clark, Spink, Steele, Kane, Holmes
Nays: none
Appeal #2955 APPROVED.
The board found based on testimony and evidence that the proposed
building would be smaller than the existing accessory building that
will be removed. The board found based on testimony and evidence that
the proposed use will not be intense and therefore should not cause an
adverse impact upon the surrounding property owners.
The Planning Division will need to review and approve the site plan
prior to approval of any permits. This site plan shall include land-
scape, screening and buffering, parking layout, and the location of
the proposed building.
Appeal #2956 - 2900 blk Maloney
This is a request by Gerry Marks to receive a rear yard variance to
the Zoning Code that will allow him to construct a single family home
18' from the rear lot line on the property located in the 2900 block
of Maloney Street.
A presentation was given by V. Fountain. Slides were shown of the
subject property and surrounding land use.
The east property line is the rear property line. The vacant lot is
located on the east side of the street just north of the corner lot at
Dunlap and Maloney. The code requires a rear yard of 30 ' in the 'A'
Residential District. The applicant is able to provide only an 18 '
rear yard setback due to the shallow lot. This is therefore a request
for a variance of 12 ' .
Gerry Marks, 4011 Truxton, Lansing. This lot backs up to 5 or 6 lots
that actually have frontage on Dunlap Street. Even though I 'm going
to be 18 ' from the property line there is going to be 300 ' between me
and the other people. Its basically all wooded back there. The ac-
tual size of the home will be 28 ' x 48 ' . I ' m going to be working with
Century Builders, if approved they will be putting the home on the
lot. It will be a quality home. Basically without the variance you
can' t put a home on the lot, not when you have only 16 ' to work with.
Holmes - Will this be your residence?
Marks - Yes I will be living there.
Spink made a motion to approve appeal #2956 . Second by Curran. Its a
legitimate hardship because of the depth of the lot.
Yeas : Clark, Spink, Curran, Hilts, Kane, Wright, Steele, Holmes
Nays: none
Appeal #2956 APPROVED
The Board found based on testimony and evidence that a significant
hardship exists in the shape and orientation of the lot necessitating
the rear yard variance. Also, the variance should not cause an ad-
verse impact on any of the surrounding properties.
Appeal #2957 - 5510 South Pennsylvania
This is a request by Kales Collision Service to erect a second free-
standing advertising sign ten feet from the front property line at
5510 South Pennsylvania.
A presentation was given by V . Fountain. Slides were shown of the
subject property and surrounding land use.
The Code permits only one freestanding advertising sign. The Code
requires that the sign be placed no closer than 20 feet to the front
property line. The applicant is requesting a variance to permit a
second freestanding sign which encroaches 10 ' into the required front
yard.
Paul Pawlusiak from Kales Collision Inc. , I have some picture and
statistics I would like to hand out. We are a national chain based
out of Detroit. We have over 40 stores and much of our business de-
pends on site recognition. We like to think of ourselves as not the
typical collision center. Our stores are all built brand new, they
have a nice color scheme, they are clean inside, and we don' t have
piles of junk cars and junk parts laying around. �ihat we asked for is
a little misunderstanding. What we need is more adequate signage.
Our business comes from site recognition and word of mouth. And the
way we get word of mouth is by fixing cars.
If we could put another sign on the site for the car wash and Goodyear
and just make the sign we have one face for us it would work out good
for us . The car wash, Goodyear and our business are all on one sign
pole.
Clark - If your not asking for another sign variance what are you
asking for?
Pawlusiak - If we can take the existing sign and drop it down and put
up larger sign faces it will help. If we can make our sign larger
where its at we would be happy with that.
Dave Schneider, representing the owner of 5540 South Pennsylvania, the
Auto Care Mall . We are opposed to this variance for the very reasons
we were denied a similar request a while back. Sign ordinances must
be enforced uniformly. We have 12 tenants in our Auto Care Mall but
one sign, if we can do it then I think three can do it.
Tim Hunter, I manage the Mid Mart gas station. Its Midstates feeling
that if Kales Collision is granted a variance than we would also like
to be granted a variance for our sign.
Communication
A letter from David Schneider, property manager, Stearns Investment
Corporation.We were denied a similar request. The Board stated it was
necessary to maintain the set back in order to retain the "parkway"
character of South Pennsylvania.
A letter from Charles D. Benson. Benson Animal Hospitals, 5438 South
Pennsylvania. I am opposed to the building of a sign which encroaches
10 feet into the required front yard set back. It would obstruct
visibility for my business and any future building I may place on the
vacant lot I own directly beside their project.
Curran made a motion to table appeal #2957 . Second by Hilts. Motion
carried unanimously.
The Board tabled the appeal to allow for sufficient time to investi-
gate all sign possibilities, some of which may not require a variance.
Appeal #2958 - 518 West Northrup
This is a request by Susan Stetler to allow an attached_ garage to be
constructed 3 ' from the side property line located at 518 West
Northrup.
A presentation was given by V . Fountain. Slides were shown of the
subject property and surrounding land use.
The Code requires lots at least 60 ' wide, where there is an attached
garage to have a minimum side yard of 6 ' .
Susan Stetler, 518 W. Northrup. I spoke with several of the neigh-
bors in the area and none of them had an objection. And I also got an
agreement from the people whose drive is right next to mine .
Communication
A letter from Mr. & Mrs. Roger Davis, 5604 Schafer Road. We have
spoken with the property owner and have seen her plans we see no fea-
sible argument with the construction.
Clark made a motion to approve appeal #2958 it is in keeping with the
code and will not cause a hardship for the people adjacent to the ga-
rage and also the topography of the lot creates a hardship. Second by
Spink.
Yeas : Hilts, Curran, Kane, Clark, Spink, Steele, Wright, Holmes
Nays: none
Appeal #2958 APPROVED
The Board found based on testimony and evidence that the proposed ga-
rage addition would not result in overdevelopment of the property.
Also, the proposed garage would not adversely impact the abutting
properties .
The board was satisfied that the sharp change in topography between
the end of the existing driveway and the rear yard creates a hardship
to develop a garage in the rear yard.
Appeal #2959 - 2901 Stabler Street
This is a request by Dr. Floyd G . Goodman to erect a sign 10 ' from
the front (west) property line in front of the Medical Office Building
at 2901 Stabler Street.
A presentation was given by J . Ruff. Slides were shown of the sub-
ject property and surrounding land use.
The Code requires a 20 ' front yard setback in the existing D-1 Pro-
fessional Office District. The proposed brick ground sign, 4 ' x 5 ' in
size has a two faced design and would set out in front of the middle
of the building. The sign is proposed to set perpendicular to Stabler
Street and be visible from the north and south.
Doug Falk, 4450 C.opperhill, I represent Douglas Signs, that would like
to put the sign up for Dr. Goodman. The spot in front is the best
location. We are not going to block any visibility from traffic from
either parking lot. Without a sign there is a lot of confusion in
which parking lot to use for the two doctors.
Communication
A letter from David Kreiger, Ingham Medical Center support the waiver
request by Dr. Goodman for an identifying sign.
Spink made a motion to approve appeal #2959 . Second by Curran.
Yeas: Clark, Curran, Spink, Hilts, Wright, Kane, Steele, Holmes
Nays: none
Appeal #2959 APPROVED
The board found based on testimony and evidence that the proposed sign
would help identify the uses within the building without adversely
impacting the surrounding properties or traffic movement.
The board further believes that a low profile ground sign will be more
attractive than a sign attached to the building .
Appeal #2960 - 200 Museum Drive
This is a request by Robert W. Smith, architect representing Commu-
nity Circle Players, Inc. to convert a portion of the existing ware-
house into a theater for the performing arts at 200 Museum Drive.
A presentation was given by i . Ruff. Slides were shown of the sub-
ject property and surrounding land use.
The theater, commonly known as the Riverwalk Theater, has a first
floor elevation approximately 1 .5 feet below the 100 year base flood
elevation. The Code requires that when "substantial improvements" of
non-residential buildings occur in the flood plain, the building shall
be floodproofed or the first floor elevation raised at or above the
100 year base flood elevation.
Clark - What is the parking situation for this site?
The parking is based upon the use of the public facilities around this
location.There ' s parking on both sides of the building, to the north
and to the south.
Clark - Who owns the parking lot to the north?
Ruff - Its not City owned.
Robert Smith, with Freeman, Smith Architects, I represent the Commu-
nity Circle Players. They have been working on this project for 4
years now trying to raise funds and we thought this issue had been
resolved. When we discovered there was a problem we looked into dif-
ferent alternatives for floodproofing of the building . One way was to
raise the floor and that would be very expensive. All our money is
from donations .
Holmes - Is all your mechanical things going to be above flood level?
Smith - Yes the only thing that would be affected would be entrances .
Curran made a motion that appeal #2960 be approved. Second by Spink.
Yeas: Spink, Clark, Curran, Hilts, Wright, Steele, Kane, Holmes
Nays: none
Appeal #2960 APPROVED
The Board found based on testimony and evidence that the improvements
would not impact the floodplain and that the request meets the crite-
ria for a variance as established in Section 1288 . 10 of the Zoning
Code.
The Board is hereby notifying the applicant that the proposed im-
provements will result in an increase in flood insurance premiums, and
construction below the base flood level increases risk to life and
property.
Appeal #2961 - 3214 Plymouth Drive
This is a request by Joan Johnson to establish a one chair beauty shop
for property located at 3214 Plymouth Drive.
A presentation was given by V. Fountain. Slides were shown of the
subject property and surrounding land use.
The Code prohibits equipment in the operation of a home occupation
other than that normally used for purely domestic household purposes.
Joan Johnson, 3214 Plymouth Drive. I have letters of support from my
neighbors that are adjoining my home. My house is 1900 sq ft. My
shop would be in the basement and take up about 250 sq ft. I plan to
have about 5-6 clients a day, (18-20 a week) , working approximately 3
days a week, two of the days would be from 12-7 pm one of the days
would be from 10-4 pm.
Clark - Are you planning on putting up a sign?
Johnson - No I am not.
Communications
A letter from Marjorie Hahn, 3212 Plymouth Drive support the request
provided it does not cause a traffic problem.
A.D. Atkins, 3201 Plymouth Drive, not opposed to home occupation.
A letter from Barbara Kenny, 3220 Plymouth Drive, no objection to the
establishment of a one chair beauty shop providing there is no outside
signing at that location or within the neighborhood.
Mary Ann Pierce, Attorney, 3216 Plymouth Drive, I live next door on
the south side and I have no objection.
Clark made a motion that appeal #2961 be approved. Second by Kane.
Yeas: Hilts, Wright, Curran, Clark, Steele, Kane
Nays : Spink, Holmes
Appeal #2961 APPROVED
The Board found based on testimony and evidence that the site contains
sufficient parking space for the proposed use and that the use of
hairstylist equipment will not adversely impact the surrounding area.
The boards approval is subject to the following conditions:
1 . No person other than a member of the family residing in the
dwelling unit shall engage in the home occupation.
2 . The use of the dwelling unit as a home occupation shall be inci-
dental and subordinate to its use for residential purposes.
3 . Not more than 20% of the gross floor area of the dwelling unit is
used in any way for the home occupation.
4 . No change occurs in the outside appearance of the dwelling .
5 . No sign shall be placed on the lot or building advertising the
business .
6 . The sale of goods shall not occur in the dwelling unit or on the
lot on which the dwelling unit is located.
7 . 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 appeals approve such use. In this case the board is re-
quested to approve beauty salon equipment.
8. Not more than one styling chair shall be installed.
9 . Not more than one customer or family of customers is on site at
one time.
10 . All parking shall be in the driveway.
11 . Approval of the variance shall be applicant and site specific .
The January minutes were not available, they will be approved at the
next meeting.
There was no old or new business to discuss .
There being no further business the meeting was adjourned at 9 :30 p.m.
The next meeting will be March 9 , 198X7 :30 4Fo
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Minutes of the Regular Meeting
Board of Zoning Appeals
March 9 , 1989 - 7 : 30 p.m.
City Hall, Council Chambers. 10th floor
The meeting was called to order by Chairperson Priscilla Holmes at
7 : 30 p.m.
Roll call was taken.
Present
Mary Clark
Christopher Steele
Edward Spink
Bernard Christy
Floyd Wright
Patricia Curran
Tom Kane
Grant Hilts 7 :40 p.m.
Priscilla Holmes
Staff
Emil Winnicker, Senior Planner
Eleanor Love, Senior Planner
Elizabeth Gunter, Recording Secretary
Tabled Appeal r2957 , 5510 South Pennsylvania
This is a request by Paul Pawlusiak of Kales Collision for a variance
to erect a second freestanding advertising sign 10 ' from the front
property line .
This appeal was tabled by the board at their meeting of February 9 ,
1989 .
Kane made a motion to remove appeal 02957 from the table . Second by
Spink.
The Planning staff attempted to get in contact with someone from Kales
Collision regarding whether or not they wanted to pursue this variance
request. We have been unsuccessful in contacting the applicant.
Spink made a motion that appeal #2957 be denied. Second by Curran .
Yeas : Clark, Curran, Spink, Christy, Wright, Kane, Steele, Holmes .
Nays: none
Appeal 7#2958 DENIED .
The board does not believe there is a hardship relating to this re-
quest.
Vnr_F i
The board was satisfied based on testimony and evidence that the ex-
isting advertising sign in its present location allows reasonable
identification for the uses on the property.
Hilts arrived at 7 :40 p.m.
Appeal #2962 - 1230 East Michigan
This is a request by Fisca Oil Co. to receive a variance to the rear
yard setback requirement of the Zoning Code that will allow for the
construction of a gasoline service station and convenience food sales
at 1230 East Michigan Avenue 3 ' from the rear lot line.
P_ presentation was given by E . Winnicker . Slides were shown of the
subject property and surrounding land use.
The gas service station is proposed to be constructed three feet from
the rear ( south) property line. The rear property line abutts a sur-
face parking lot at this location.
Donald Root Jr. , District Supervisor, representing Fisca Oil . We wish
to take out the old buildings and replace it with new facilities. We
need the variance to do this .
Clark - Is the property leased by Fisca?
Root - I think its owned by Fisca.
Christy - Will there be a convenience store in the station?
Root - Yes
Christy - What about parking?
Root - The parking facilities will be to the left of the building or
the east side.
Clark - What type of convenience store will this be?
Root - Food commodities.
Kate Young, 301 Allen Street, President of Eastside Neighborhood Or-
ganization. I ' m here tonight to pose some questions, we don ' t have a
position on this because we have so many questions . We are uncertain
what the parking requirements are for a convenience store. Its a very
small lot. We wondered about the hours of operation and whether the
applicant would be applying for a liquor license. We do not know of
any landscaping on the site plan. We are curious if this particular
facility would require the addition of a compressor to the rear of the
building . Will the underground gas tanks be removed or moved, how
will it take place. We ' re really not opposed to this we would just
like our questions answered.
Holmes - What is the required parking for this site?
Winnicker - One space for each 150 sq ft of useable floor area .
Holmes - Would any kind of landscape screening or buffering be re-
quired?
PAGE 2
Winnicker - Yes
Holmes - Will this gas station require a compressor?
Root - Yes, there is one there now, it will be housed within a build-
ing itself in a brick building.
Holmes - What are your proposed hours of operation?
Root - Proposed hours are 6 :00 am - 10 :00 pm, 7 days .
Holmes - Will you be removing the underground gas tanks?
Root - They would be moved and replaced with brand new tanks and put
in according to UL and DNR regulations.
Steele - Will you be applying for a permit to sell alcohol?
Root - Sometime in the near future there may be that possibility but
at this time it is not available to us .
Communications
A letter from Robert Wish, 120 S . Holmes, supports the variance re-
quest.
A letter from David Berridge, Transportation Engineer, a site plan
should be submitted to this office for review prior to .approval of the
variance .
Christy made a motion to table appeal #2962 . Second by Spink . Motion
carried unanimously.
The board tabled the request for further study and report.
Appeal #2963 - 3706 Stratford
This is a request by Johnny B. Henry to permit front yard parking on
the property located at 3706 Stratford.
A presentation was given by E . Winnicker. Slides were shown of the
subject property„and surrounding land use.
The Zoning Code does not allow the parking of vehicles in the front
yard other than on an approved driveway. This is a request for a
variance to allow parking that would extend in that area in front of
the house.
Johnny B. Henry, 3706 S . Stratford. Dominique Fosco, friend of the
petitioner We are asking for an extension of the driveway.
Curran - What you are asking for is to put a blacktop area to the
fence?
Fosco - Also to the back of the house.
Robert Grosvenor, 3726 Stratford Ave. My wife and I built the house
27 years ago. We have been concerned about the number of illegal cars
PAGE 3
parked there . We are concerned if the entire front yard will be con-
verted to a parking lot. We are strongly opposed.
Larry Anthony, 3727 Stratford, across the street. I wasn' t approached
by the neighbors about this, I received a notice in the mail. I am
opposed to parking in the front yard, if they use anything left- of the
garage. As far as illegally parked cars there has been a wrecked ve-
hicle on both sides of the house for months . I am opposed to anything
in the front yard.
Communications
Joseph Helminiak, 3800 Stratford, absolutely opposed.
A letter from Robert & Barbara Grosvenor, 3726 Stratford Avenue,
strongly opposed to allow front yard parking .
A letter from Deborah A. Young, 3607 Churchill Avenue, opposes the
request.
Margaret Rayna, 3719 Stratford, there are junk cars in the yard.
Mike Leonard, 3714 Stratford, does not want cars in the front yard.
Dan Despres, 3723 Stratford, not opposed to widening driveway for op-
erable vehicles , but not in favor of allowing additional parking next
to attached garage.
A letter from Richard McCarrich, 3613 Churchill, lived here for 3
years, would also like to park in front.
Wright - Define front yard parking?
Winnicker - Front yard parking, any parking that occurs in front of
the house, in front of the building line, other than an approved
driveway.
Spink made a motion to deny appeal #2963 . Second by Steele .
Yeas: Hilts, Wright, Curran, Clark, Spink, Steele, Christy, , Kane,
Holmes
Nays : none
Appeal 7#2963 DENIED .
The board does not believe there is a hardship associated with this
request and that the existing garage and driveway allows reasonable
off-street parking area.
Appeal n2964 - 113 , 117 , 119 , 121 , 129 North Pennsylvania
This is a request by Sparrow Development, Inc. to remove the existing
structures and to construct a day care center for approximately 120
children 10 feet from the rear property line on the premises known as
113 , 117 , 119 , 121 , 129 North Pennsylvania.
PAGE 4
In addition, the proposed facility requires 36 parking spaces onsite,
and play area of 18 ,050 square feet. The applicant wishes to provide
16 onsite parking spaces and 16 ,400 square feet of play space .
A presentation was given by E . Love. Slides were shown of the sub-
ject property and surrounding land use.
Therefore there are three variance requests: 1 ) a variance for a rear
yard of 15 ft. 2) a parking variance of 36 spaces 3 ) a variance for
play space of 18 ,050 sq ft. In addition a Special Land Use permit is
concurrently being sought by Sparrow Development, Inc . (SLU-1-89 )
Anita Malcomb, representing Sparrow Development, Inc. This is a re-
sult of a lot of hard work on the part of Sparrow Hospital task force
that recommended this after looking at a variety of sites and propos-
als . I would like. to clarify the parking . The 36 required.. spaces
includes 21 spaces for employees. They would be required to park at
the 703 lot . The outdoor space play area, there is a mix in the 120
children. We ' re going to be having 24 infants, and the 24 infants
would not be playing out in the grassy area . Also, its not a recess
time situation. Not all of the children go out at the same time, they
go out in shifts . The rear yard variance requires no explanation. A
suggestion that came out of a meeting we had with the Eastside Neigh-
borhood Organization, whether we would be willing to make these houses
available to be moved rather than tearing them down, and our response
was absolutely .
Holmes - How do you require employees to park in a certain space?
Malcomb - As they are hired have stickers on their car to park in
certain areas .
Curran - Have you spoke with DSS and are they prepared to issue a li-
cense with the amount of outside play space?
Malcomb - I have not spoken with them. We have worked with Gerber and
because they have day care centers in Michigan, they have been through
the system and they know how it works and they say we are fine, but I
have not spoken directly with them myself.
Kenneth Hoff, 812 Carlton, East Lansing. I am the co-owner operator
of Harold ' s Interior on Michigan Avenue. I ' m also a part owner of one
of the properties that is concerned with this development . The hos-
pital has always been a good neighbor to the eastside. They' ve always
kept their property in very good condition. As a business man who has
been on East Michigan my entire life. I would like the city to de-
velop a concept that the block north and south of Michigan Avenue,
should be a commercial area. All the buildings built on Michigan
Avenue back in 1900 were built with no parking . And that is what ' s
wrong with the retail establishment on East Michigan.
Rev. Herman Green, pastor of Paradise Baptist Church. I reside at
1816 West Kalamazoo. I am the pastor of the congregation that owns
the property at 129 Pennsylvania Avenue that Sparrow Hospital is try-
ing to acquire. I ' m here to support the request. We feel it would be
an upgrade to the neighborhood.
PAGE 5
John Fitzpatrick, 3019 Plymouth Drive, co-owner of property in the 900
block of East Michigan Avenue, adjacent to this proposal. I think its
a wonderful idea . The area needs it.
Kate Young, 301 Allen Street, I represent the Eastside Neighborhood
Organization. We think Sparrow Hospital should be commended for de-
veloping a day care center for their employees. So we support the
idea of a day care center. Our dilemma is that we don' t have enough
information from the site plan to be able to evaluate it. So we do
have questions and concerns . One question is landscape, screening and
buffering. We do have a concern about the play area, security for the
children. Traffic and parking - Sparrow Hospital is a major generator
of traffic and parking needs. Also concerned about the loss of hous-
ing units in the neighborhood. We are requesting that the board table
the issue to allow submission of a site plan that will provide infor-
mation and permit us to work with the applicant to work out these is-
sues .
John Day, 117 N. Pennsylvania. I don ' t think there is a parking
problem. The shuttle bus runs all the time.
Gene Miller, 1512 Prospect. While its admirable to have the staff
park off site it is necessary to have some kind of transportation
available for emergencies by staff in a day care center .
Rodney Stokes, 2914 Cooley Dr. I understand the ENO ' s concerns, but I
think if we table the plan it will delay Sparrow in their plans of
developing a plan.
Curran made a motion to separate the issues of the three variances .
Second by Kane. Motion carried unanimously.
Spink - I think we need a foot print plan before we can vote.
Clark made a motion to table appeal 02964 . Second by Kane.
Yeas : Clark, Spink, Curran, Kane, Steele, Holmes
Nays: Christy, Hilts , Wright
Appeal ;2964 TABLED
The appeal was tabled so that a more complete site plan could be
developed and submitted to the board for review.
A site plan that shall include, but not limited to the location of
buildings, off-street parking, drives, landscape, screening and
buffering, and the location of trash receptacles .
Spink left the meeting at 9 :00 p.m.
Appeal n2965 - 121/123 East Grand River
This is a request by Frank Basel, owner of the property at 121/123
East Grand River Avenue to build a new one story commercial building
where, prior to a major fire, a commercial building stood.
P A C:F. Fi
A presentation was given by E . Winnicker. Slides were shown of the
subject property and surrounding land use.
The proposed building is designed 36 ft wide and 80 ft deep on an 80
ft deep lot. The proposal does not include any provisions fora rear
yard set back or off-street parking . The proposed building would
contain two uses of about 2800 sq ft total, requiring approximately 15
parking spaces and a rear yard set back of 25 feet.
Frank Basel, 1219 N. Walnut. This property is registered with the
historic society. I am proposing to restore the first floor .
Holmes - What do you intend to use it for?
Basel - Realty outlet.
Communications
Walter Ransom, Parking Superintendent. The Transportation Division
recommends this request be denied and Mr. Basel submit a revised plan
which provides for a minimum of five employee parking spaces .
Terry Terry of Message Makers, 1217 Turner: Parking is a growing
problem in the area and a growing need. "Parking" should be a major
consideration regarding this appeal.
Veronica Wilson, 1131 Race Street - A variance should be given so the
existing building can be rebuilt.
Clark made a motion that appeal T2965 be denied, no hardship. Second
by Wright.
Yeas : Curran, Clark, Kane, Wright, Holmes
Nays: Hilts, Christy Steele
Appeal n2965 DENIED
The board does not believe that there is a hardship associated with
this request and if approved would promote overdevelopment of the
property, which is not in keeping with the general intent of the code.
The board further believes that the code requirements allow reasonable
use of the property.
Minutes
Christy made a motion to approve the January 12 , 1989 minutes . Second
by Clark. Motion carried unanimously.
Wright made a motion to approve the February 9 , 1989 minutes . Second
by Curran.
There being no further business the meeting adjourned at 9 : 15 p.m.
The next meeting will be April 13 , 1989 at 7 : 30 p.m.
-- �i _
L Vernon C. Fountain
Secretary
Board of Zoning Appeals
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Minutes of the Regular Meeting
Board of Zoning Appeals
March 9, 1989 - 7 :30 p.m.
City Hall, Council Chambers . 10th floor
The meeting was called to order by Chairperson Priscilla Holmes at
7 :30 p.m.
Roll call was taken.
Present
Mary Clark
Christopher Steele
Edward Spink
Bernard Christy
Floyd Wright
Patricia Curran
Tom Kane
Grant Hilts 7 :40 p.m.
Priscilla Holmes
Staff
Emil Winnicker, Senior Planner
Eleanor Love, Senior Planner
Elizabeth Gunter, Recording Secretary
Tabled Appeal #2957 , 5510 South Pennsylvania
This is a request by Paul Pawlusiak of Kales Collision for a variance
to erect a second freestanding advertising sign 10 ' from the front
property line .
This appeal was tabled by the board at their meeting of February 9,
1989 .
Kane made a motion to remove appeal #2957 from the table . Second by
Spink.
The Planning staff attempted to get in contact with someone from Kales
Collision regarding whether or not they wanted to pursue this variance
request. We have been unsuccessful in contacting the applicant.
Spink made a motion that appeal #2957 be denied. Second by Curran.
Yeas : Clark, Curran, Spink, Christy, Wright, Kane, Steele, Holmes .
Nays: none
Appeal #2958 DENIED.
The board does not believe there is a hardship relating to this re-
quest.
PAGE 1
The board was satisfied based on testimony and evidence that the ex-
isting advertising sign in its present location allows reasonable
identification for the uses on the property.
Hilts arrived at 7 :40 p.m.
Appeal #2962 - 1230 East Michigan
This is a request by Fisca Oil Co. to receive a variance to the rear
yard setback requirement of the Zoning Code that will allow for the
construction of a gasoline service station and convenience food sales
at 1230 East Michigan Avenue 3 ' from the rear lot line.
A presentation was given by E . Winnicker . Slides were shown of the
subject property and surrounding land use.
The gas service station is proposed to be constructed three feet from
the rear ( south) property line. The rear property line abutts a sur-
face parking lot at this location.
Donald Root Jr. , District Supervisor, representing Fisca Oil . We wish
to take out the old buildings and replace it with new facilities. We
need the variance to do this .
Clark - Is the property leased by Fisca?
Root - I think its owned by Fisca.
Christy - Will there be a convenience store in the station?
Root - Yes
Christy - What about parking?
Root - The parking facilities will be to the left of the building or
the east side.
Clark - What type of convenience store will this be?
Root - Food commodities.
Kate Young, 301 Allen Street, President of Eastside Neighborhood Or-
ganization. I 'm here tonight to pose some questions, we don' t have a
position on this because we have so many questions . We are uncertain
what the parking requirements are for a convenience store. Its a very
small lot. We wondered about the hours of operation and whether the
applicant would be applying for a liquor license. We do not know of
any landscaping on the site plan. We are curious if this particular
facility would require the addition of a compressor to the rear of the
building. Will the underground gas tanks be removed or moved, how
will it take place. We' re really not opposed to this we would just
like our questions answered.
Holmes - What is the required parking for this site?
Winnicker - One space for each 150 sq ft of useable floor area.
Holmes - Would any kind of landscape screening or buffering be re-
quired?
PAGE 2
Winnicker - Yes
Holmes - Will this gas station require a compressor?
Root - Yes, there is one there now, it will be housed within a build-
ing itself in a brick building.
Holmes - What are your proposed hours of operation?
Root - Proposed hours are 6 :00 am - 10 :00 pm, 7 days.
Holmes - Will you be removing the underground gas tanks?
Root - They would be moved and replaced with brand new tanks and put
in according to UL and DNR regulations.
Steele - Will you be applying for a permit to sell alcohol?
Root - Sometime in the near future there may be that possibility but
at this time it is not available to us .
Communications
A letter from Robert Wish, 120 S . Holmes, supports the variance re-
quest.
A letter from David Berridge, Transportation Engineer, a site plan
should be submitted to this office for review prior to approval of the
variance .
Christy made a motion to table appeal #2962 . Second by Spink. Motion
carried unanimously.
The board tabled the request for further study and report.
Appeal #2963 - 3706 Stratford
This is a request by Johnny B. Henry to permit front yard parking on
the property located at 3706 Stratford.
A presentation was given by E . Winnicker. Slides were shown of the
subject property and surrounding land use.
The Zoning Code does not allow the parking of vehicles in the front
yard other than on an approved driveway. This is a request for a
variance to allow parking that would extend in that area in front of
the house.
Johnny B. Henry, 3706 S . Stratford. Dominique Fosco, friend of the
petitioner We are asking for an extension of the driveway.
Curran - What you are asking for is to put a blacktop area to the
fence?
Fosco - Also to the back of the house.
Robert Grosvenor, 3726 Stratford Ave. My wife and I built the house
27 years ago. We have been concerned about the number of illegal cars
PAGE 3
parked there . We are concerned if the entire front yard will be con-
verted to a parking lot. We are strongly opposed.
Larry Anthony, 3727 Stratford, across the street. I wasn' t approached
by the neighbors about this, I received a notice in the mail. I am
opposed to parking in the front yard, if they use anything left of the
garage. As far as illegally parked cars there has been a wrecked ve-
hicle on both sides of the house for months . I am opposed to anything
in the front yard.
Communications
Joseph Helminiak, 3800 Stratford, absolutely opposed.
A letter from Robert & Barbara Grosvenor, 3726 Stratford Avenue,
strongly opposed to allow front yard parking.
A letter from Deborah A. Young, 3607 Churchill Avenue, opposes the
request.
Margaret Rayna, 3719 Stratford, there are junk cars in the yard.
Mike Leonard, 3714 Stratford, does not want cars in the front yard.
Dan Despres, 3723 Stratford, not opposed to widening driveway for .op-
erable vehicles, but not in favor of allowing additional parking next
to attached garage.
A letter from Richard McCarrich, 3613 Churchill, lived here for 3
years, would also like to park in front.
Wright - Define front yard parking?
Winnicker - Front yard parking, any parking that occurs in front of
the house, in front of the building line, other than an approved
driveway.
Spink made a motion to deny appeal #2963 . Second by Steele.
Yeas: Hilts, Wright, Curran, Clark, Spink, Steele, Christy, Kane,
Holmes
Nays : none
Appeal #2963 DENIED .
The board does not believe there is a hardship associated with this
request and that the existing garage and driveway allows reasonable
off-street parking area.
Appeal #2964 - 113 , 117 , 119,121 , 129 North Pennsylvania
This is a request by Sparrow Development, Inc. to remove the existing
structures and to construct a day care center for approximately 120
children 10 feet from the rear property line on the premises known as
113 ,117, 119, 121 , 129 North Pennsylvania.
PAGE 4
In addition, the proposed facility requires 36 parking spaces onsite,
and play area of 18 ,050 square feet. The applicant wishes to provide
16 onsite parking spaces and 16 ,400 square feet of play space.
A presentation was given by E. Love. Slides were shown of the sub-
ject property and surrounding land use.
Therefore there are three variance requests: 1 ) a variance for a rear
yard of 15 ft. 2) a parking variance of 36 spaces 3 ) a variance for
play space of 18,050 sq ft. In addition a Special Land Use permit is
concurrently being sought by Sparrow Development, Inc. (SLU-1-89 )
Anita Malcomb, representing Sparrow Development, Inc. This is a re-
sult of a lot of hard work on the part of Sparrow Hospital task force
that recommended this after looking at a variety of sites and propos-
als . I would like to clarify the parking. The 36 required spaces
includes 21 spaces for employees. They would be required to park at
the 703 lot. The outdoor space play area, there is a mix in the 120
children. We' re going to be having 24 infants, and the 24 infants
would not be playing out in the grassy area. Also, its not a recess
time situation. Not all of the children go out at the same time, they
go out in shifts . The rear yard variance requires no explanation. A
suggestion that came out of a meeting we had with the Eastside Neigh-
borhood Organization, whether we would be willing to make these houses
available to be moved rather than tearing them down, and our response
was absolutely.
Holmes - How do you require employees to park in a certain space?
Malcomb - As they are hired have stickers on their car to park in
certain areas .
Curran - Have you spoke with DSS and are they prepared to issue a li-
cense with the amount of outside play space?
Malcomb - I have not spoken with them. We have worked with Gerber and
because they have day care centers in Michigan, they have been through
the system and they know how it works and they say we are fine, but I
have not spoken directly with them myself.
Kenneth Hoff, 812 Carlton, East Lansing. I am the co-owner operator
of Harold' s Interior on Michigan Avenue. I 'm also a part owner of one
of the properties that is concerned with this development. The hos-
pital has always been a good neighbor to the eastside. They' ve always
kept their property in very good condition. As a business man who has
been on East Michigan my entire life. I would like the city to de-
velop a concept that the block north and south of Michigan Avenue,
should be a commercial area. All the buildings built on Michigan
Avenue back in 1900 were built with no parking. And that is what' s
wrong with the retail establishment on East Michigan.
Rev. Herman Green, pastor of Paradise Baptist Church. I reside at
1816 West Kalamazoo. I am the pastor of the congregation that owns
the property at 129 Pennsylvania Avenue that Sparrow Hospital is try-
ing to acquire. I 'm here to support the request. We feel it would be
an upgrade to the neighborhood.
PAGE 5
John Fitzpatrick, 3019 Plymouth Drive, co-owner of property in the 900
block of East Michigan Avenue, adjacent to this proposal. I think its
a wonderful idea. The area needs it.
Kate Young, 301 Allen Street, I represent the Eastside Neighborhood
Organization. We think Sparrow Hospital should be commended for de-
veloping a day care center for their employees. So we support the
idea of a day care center. Our dilemma is that we don' t have enough
information from the site plan to be able to evaluate it. So we do
have questions and concerns . One question is landscape, screening and
buffering. We do have a concern about the play area, security for the
children. Traffic and parking - Sparrow Hospital is a major generator
of traffic and parking needs. Also concerned about the loss of hous-
ing units in the neighborhood. We are requesting that the board table
the issue to allow submission of a site plan that will provide infor-
mation and permit us to work with the applicant to work out these is-
sues.
John Day, 117 N. Pennsylvania. I don' t think there is a parking
problem. The shuttle bus runs all the time.
Gene Miller, 1512 Prospect. While its admirable to have the staff
park off site it is necessary to have some kind of transportation
available for emergencies by staff in a day care center.
Rodney Stokes, 2914 Cooley Dr. I understand the ENO ' s concerns, but I
think if we table the plan it will delay Sparrow in their plans of
developing a plan.
Curran made a motion to separate the issues of the three variances .
Second by Kane. Motion carried unanimously.
Spink - I think we need a foot print plan before we can vote.
Clark made a motion to table appeal #2964 . Second by Kane.
Yeas: Clark, Spink, Curran, Kane, Steele, Holmes
Nays: Christy, Hilts, Wright
Appeal #2964 TABLED
The appeal was tabled so that a more complete site plan could be
developed and submitted to the board for review.
A site plan that shall include, but not limited to the location of
buildings, off-street parking, drives, landscape, screening and
buffering, and the location of trash receptacles .
Spink left the meeting at 9 :00 p.m.
Appeal #2965 - 121/123 East Grand River
This is a request by Frank Basel, owner of the property at 121/123
East Grand River Avenue to build a new one story commercial building
where, prior to a major fire, a commercial building stood.
PAGE 6
A presentation was given by E . Winnicker. Slides were shown of the
subject property and surrounding land use.
The proposed building is designed 36 ft wide and 80 ft deep on an 80
ft deep lot. The proposal does not include any provisions for a rear
yard set back or off-street parking. The proposed building would
contain two uses of about 2800 sq ft total, requiring approximately 15
parking spaces and a rear yard set back of 25 feet.
Frank Basel, 1219 N. Walnut. This property is registered with the
historic society. I am proposing to restore the first floor.
Holmes - What do you intend to use it for?
Basel - Realty outlet.
Communications
Walter Ransom, Parking Superintendent. The Transportation Division
recommends this request be denied and Mr. Basel submit a revised plan
which provides for a minimum of five employee parking spaces .
Terry Terry of Message Makers, 1217 Turner: Parking is a growing
problem in the area and a growing need. "Parking" should be a major
consideration regarding this appeal.
Veronica Wilson, 1131 Race Street - A variance should be given so the
existing building can be rebuilt.
Clark made a motion that appeal #2965 be denied, no hardship. Second
by Wright.
Yeas : Curran, Clark, Kane, Wright, Holmes
Nays: Hilts, Christy Steele
Appeal #2965 DENIED
The board does not believe that there is a hardship associated with
this request and if approved would promote overdevelopment of the
property, which is not in keeping with the general intent of the code.
The board further believes that `he code requirements allow reasonable
use of the property.
Minutes
Christy made a motion to approve the January 12 , 1989 minutes . Second
by Clark. Motion carried unanimously.
Wright made a motion to approve the February 9 , 1989 minutes . Second
by Curran.
There being no further business the meeting adjourned at 9 :15 p.m.
The next meeting will be April 13 , 1989 at 7 :30 p.m.
PAGE 7
-' Vernon C. Fountain
Secretary
Board of Zoning Appeals
PAGE 8
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Minutes of the Regular Meeting
Board of Zoning Appeals
April 13 , 1989 - 7 :30 p.m.
City Hall, Council Chambers . 10th floor
The meeting was called to order by Chairperson Priscilla Holmes at
7 :50 p.m.
Roll call was taken.
Present
Mary Clark
Christopher Steele
Edward Spink
Bernard Christy
Patricia Curran
Tom Kane
Grant Hilts
Floyd Wright
Priscilla Holmes
Staff
Vern Fountain, Zoning Administrator
Emil Winnicker, Senior Planner
Elizabeth Gunter, Recording Secretary
Tabled Appeal #2962 , 1230 East Michigan
This is a request by Fisca Oil Co. to receive a variance to the rear
yard setback requirement of the Zoning Code that will allow for the
construction of a gasoline service station and convenience food sales
at 1230 East Michigan Avenue 3 ' from the rear lot line.
Kane made a motion to remove appeal #2962 from the table. Second by
Spink. Motion carried unanimously.
A presentation was given by E. Winnicker.
A memo from David Berridge, Transportation Engineer, this site is not
large enough to support four pump islands . Therefore, the site must
be limited to two pump islands.
Holmes - Are we suppose to ignore the environmental study?
Winnicker - No.
Kate Young, Eastside Neighborhood Organization - no objection.
Clark made a motion that appeal #2962 be approved. Second by Christy.
Yeas : Clark, Curran, Spink, Hilts, Christy, Wright, Kane, Steele,
Holmes
TT/.T l
Nays: none
Appeal #2962 APPROVED
The board was satisfied based on testimony and evidence that the
variance and subsequent -construction of a new building is a reasonable
approach to improving the property and that the impact of the variance
on the surrounding use of land will be minimal.
The Traffic Engineer of the City has cited several design problems
with the preliminary site plan that must be resolved prior to issuance
of a building permit . The matter of finalizing a landscape, screening
and buffering plan and off street parking plan must be addressed.
Tabled Appeal #2964, 113 ,117,119, 121 & 129 N. Pennsylvania
Curran made a motion to remove appeal #2964 from the table. Second by
Kane. Motion carried unanimously.
This is a request by Sparrow Development, Inc. to remove the existing
structures and to construct a day care center for approximately 120
children 10 feet from the rear property line on the premises known as
113 ,117 ,119,121 , 129 North Pennsylvania.
In addition, the proposed facility requires 36 parking spaces on site,
and play area of 18,050 square feet. The applicant proposes to pro-
vide 23 on site parking spaces and 15 ,824 square feet of play space.
A presentation was given by V. Fountain.
Anita Malcomb, representing Sparrow Development, Inc. In regards to
the three variance stated that The Sparrow Hospital employees will
park at the #703 lot and use the shuttle bus. Mark Horning, consul-
tant, presented a site plan for the parking. And stated that the
playground area will be fenced in. The children will have constant
supervision.
Kate Young, Eastside Neighborhood Organization, 301 Allen Street. We
have discussed our concerns with Sparrow Hospital staff and reviewed a
more detailed site plan. We are supporting the request (see at-
tached) .
Rev. Green, 1816 W. Kalamazoo, no objection. It will upgrade the
neighborhood.
Spink made a motion to approve the rear yard variance of 15 ' . Second
by Clark.
Yeas : Spink, Clark, Curran, Christy, Hilts, Wright, Steele, Kane,
Holmes
Nays: none
Curran made a motion to approve an open space variance of 2 ,226 sq ft.
Second by Kane.
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Yeas : Clark, Curran, Christy, Hilts, Wright, Steele, Kane, Spink,
Holmes
Nays: none
Clark made a motion to- approve a parking variance of 13 spaces. Sec-
ond by Kane.
Yeas: Curran, Christy, Hilts, Wright, Clark, Spink, Steele, Kane,
Holmes
Nays: none
Clark made a motion that the approval is site use and applicant spe-
cific. Second by Holmes. Motion carried unanimously.
In granting these variances, the Board found no impact upon surround-
ing uses by reducing the rear yard by 15 feet. The Board believes the
open space provided will be- adequate due to the number of infants in
the program and the staggered use of the play area. The waiver of 13
parking spaces should not have a substantial impact, since the board
understands that the day care center employees will be required to
park in the "703 " shuttle lot.
The Board further found that the general impact on the surrounding
area will be positive and that the new facility should provide an ap-
propriate transition between the residential uses to the north and
west and the non residential to the south and east. The Board also
found that a Special Land Use permit had been issued regarding this
proposal which incorporates a number of conditions that will enhance
compatibility with the surrounding area.
Appeal #2966 - SW corner Hylewood and Turner
This is a request James W. Fox & Associates to construct a single
family home 11 .2 feet from the front property line ( along Hylewood
Avenue) on the lot located at the southwest corner of Turner Street
and Hylewood.
A presentation was given by V. Fountain. Slides were shown of the
subject property and surrounding land use.
James Fox, 3310 Bardaville Drive - Would like to build a house 24 ' x
32 ' . If the request is not granted it would force us to build the
house only 21 ' wide. We need the house to be 24 ' wide.
Holmes - Isn' t there a large elevation change, what about the drainage
problem?
Fox - There ' s not that drastic of an elevation change. We will bring
in any amount of fill dirt that will be necessary.
Communication
George Williams, 3414 Turner Street, objects to the request.
A letter from Gloria Workman, 3419 N. Turner Street, object to the
request. Would be too close to her house.
Kane made a motion to approve Appeal #2966 based on the site plan
submitted which shows the- driveway access off Hylewood.
Yeas : Hilts, Wright, Curran, Clark, Spink, Steele, Christy, Kane,
Holmes
Nays: none
Appeal #2966 APPROVED.
The board found that strict application of the code reduces the
buildable width of this corner lot below the required width for a
single family dwelling. Therefore a justifiable hardship does exist.
The board does not believe the change will have any adverse impact on
the adjacent property.
Appeal #2967 - 4703 North Grand River
This is a request by Tom Maurer to receive a variance to the rear yard
setback requirement of the Zoning Code to allow for the construction
of two additions to the existing building located at 4703 North Grand
River Avenue.
A presentation was given by E. Winnicker. Slide were shown of the
subject property and surrounding land use.
Both additions proposed in this case would come within 15 ' of the rear
property line, the same distance the existing structure is now located
from the line. Code requires a rear yard setback of 25 ' in the 'F'
Commercial District.
Clark - Is that property zoned commercial?
Winnicker - Yes.
Kane - Is landscape, screening and buffering required?
Winnicker - Its required where the property is not compatible, or
where the property abuts a residential use.
Tom Maurer, owner was present.
Curran - What will the store be used for?
Maurer - Dry cleaning store.
Clark - How far does the fence extend
Maurer - To the property line.
Clark - Are you planning to extend the fence?
Maurer - Yes
Clark - Is the conveyor very noisey?
Maurer - No.
PA(�F. 4
Clark - Will you be using the lot to the west?
Maurer - In the future.
Spink - Are the lots combined to one parcel?
Maurer - No.
Communication
Jerry Campbell, Campbell Catering, 4616 N. Grand River Avenue sup-
ports the variance request for 4703 N. Grand River.
Wright made a motion to approve appeal #2967 . Second by Christy.
Yeas: Christy, Curran, Hilts, Kane, Wright, Holmes
Nays: Clark, Spink, Steele
Appeal #2967 APPROVED
The board believes that since the existing structure is already lo-
cated that distance from the rear lot line, little impact on the res-
idential area can be expected to occur if that relationship is ex-
tended. They also believe that the reduced setback will allow for a
more attractive and efficient development on the site.
Several site improvements and modifications to the preliminary site
plan will be necessary prior to issuance of building permits. These
include addition of landscape, screening and buffering, elimination of
some parking space shown on the plan and revised access to the site.
Appeal #2968 - 5834 Haag Road
This is a request by Bruce D. Pettit Jr. of 5834 Haag Road to con-
struct an addition onto his garage that would be 2 ' 8" from the side
(south) lot line.
A presentation was given by V. Fountain. Slides were shown of the
subject property and surrounding land use.
Mr. Pettit proposes this addition to extend the existing garage 6 '
south and 14 ' west to line up the rear of the garage with the rear of
the house.
Bruce Pettit, there is no room to walk around my car. I will have to
park the car outside when using the work bench or doing any repair
work, like painting windows.
Holmes - Is it a two car garage?
Pettit - No
Clark made a motion to approve a setback of 4 .8 feet. Second by
Christy.
Yeas : Curran, Hilts, Clark, Christy, Spink, Kane, Steele, Wright,
Holmes
Nays: none
PAGE 5
Appeal #2968 APPROVED
The board was satisfied based on testimony and evidence that the ex-
isting attached garage is too narrow to accommodate reasonable storage
and access of a full size automobile. The board believes that the
additional width allowed with this approval will alleviate the prob-
lem, and should not have any adverse impact on the adjacent residen-
tial development.
Appeal #2969 - 1132 North Washington
This is a request by El Renacimiento to receive a variance to the on
site parking requirements of the Zoning Code to allow for substantial
renovation of the building used for commercial and residential activ-
ity located at 1132 North Washington Avenue. The Zoning Code requires
18 parking spaces for the site. The applicant proposes to lease 11
spaces from the City in the adjoining parking lot. Therefore a vari-
ance of 7 spaces is required.
A presentation was given by E. Winnicker. Slides were shown of the
subject property and surrounding land use. The applicant would not be
able to renovate beyond 35% assessed value due to current non-
conforming status.
The owner proposes to make substantial improvements to the non-
conforming building upon approval of Class A non-conforming status by
the Planning Board. Parking must be provided or accounted for to gain
Class A status.
Holmes - What percent of the building is used?
Winnicker - 80%
Spink - How many parking spaces are required?
Winnicker - 18 spaces.
Manuel Delgado Jr. , 1132 N. Washington, representing applicant.
There are six apartments upstairs. The downstairs is commercial use.
Renovating the building will be an improvement to the area and to the
businesses.
Spink made a motion to approve appeal #2969 . Second by Clark.
Yeas: Hilts, Curran, Kane, Clark, Spink, Steele, Christy, Wright,
Holmes
Nays: none
Appeal #2969 APPROVED
It is the understanding of the board that a variance is needed to
account for the on site parking requirement that is necessary to ob-
tain Class A non-conforming status on the property. It is also the
understanding of the board that Class A status is desired to allow
substantial improvement to the structure.
P A C1 F. Fi
The Board of Zoning Appeals based their decision on input received
from the City Transportation engineer indicating he will recommend to
the Traffic Board that eleven spaces on City Lot #17 be made available
for lease to E1 Renaciemiento to partially account for the eighteen
parking spaces required--- by Code. The Transportation Engineer also
indicated support for the variance based on low paid utilization of on
street metered parking on East Grand River Avenue and North Washington
Avenue and the availability of that parking to he businesses in the
building.
The approval of the variance is contingent on approval of the lease
arrangement by the Traffic Board and City Council.
Approval is also based on approval of Class A non-conforming status by
Planning Board.
Minutes
The minutes of March 9, 1989 were approved unanimously.
Meeting adjourned 9: 15 p.m.
l
Vernon C. Fountain
Secretary
Board of Zoning Appeals
PAGE 7
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Minutes of the Regular Meeting
Board of Zoning Appeals
May 11 , 1989 - 7 :30 p .m.
City Hall , Council Chambers . 10th floor
The meeting was called to order by Vice Chairperson Mary Clark at 7 :30
p .m.
Roll call was taken.
Present Excused Absence
Mary Clark Tom Kane
Christopher Steele Priscilla Holmes
Edward Spink
Bernard Christy
Patricia Curran
Grant Hilts
Floyd Wright
Staff
Vern Fountain , Zoning Administrator
Emil Winnicker , Senior Planner
Elizabeth Gunter , Recording Secretary
Appeal #2970 - 2426 Kuerbitz
This is a request by Mr . Harold Cummings for a zoning variance . Mr.
Cummings proposes to construct a 6 ' x 12' sun room addition on the
front of his home at 2426 Kuerbitz. This addition, as proposed , will
be 38 ' from the front lot line .
A presentation was given by E. Winnicker . Slides were shown of the
subject property and surrounding land use. Code requires a front yard
set back equal to that established by homes in the same block face
( with a minimum of 201 ) . In this case the established set back is
401 . This is a request for a 2 ' variance .
Marita Cummings, wife of Harold Cummings. This has been our family
home for 30 years . We want to expand , we need the room area for our
family gatherings . We have the money now. It will make it more liv-
able for us . The addition of the sun room will be attractive and add
to the appearance of the house. Mr . Cummings canvassed the neigh-
borhood and there were no complaints .
There were no objections .
Spink made a motion that appeal #2970 be approved . Second by Hilts .
Yeas : Curran , Spink, Hilts , Christy, Wright , Steele, Clark
Nays : none
PAGE 1
Appeal #2970 APPROVED
The board was satisfied based on testimony and evidence that the
change would not have any adverse impact on the adjacent properties
and to allow the 2 ' encroachment is reasonable and is in keeping with
the general intent of the Zoning Code .
Appeal #2971 - 2420 South Cedar
This is a request by G & T Holding to receive a variance from the
front yard setback requirement of the zoning code that would allow for
the reconstruction of Coscarelli ' s Party Store located at 2420 South
Cedar on the front lot lines of Cedar Street and Lincoln.
A presentation was given by E . Winnicker . Slides were shown of the
subject property and surrounding land use. Mr. Coscarelli proposes
to reconstruct the party store that was destroyed by fire , similar to
the original structure .
Tom Coscarelli , 2420 S . Cedar Street - I just want to rebuild the
store where it originally was.
No one spoke in opposition .
Spink made a motion to approve appeal #2971 with the two front yard
variances. Second by Curran.
Yeas : Spink, Curran, Christy, Hilts , Wright , Steele , Clark
Nays : none
Appeal #2971 APPROVED.
The board found based on testimony and evidence that the request will
allow the reconstruction of a commercial building , having setbacks
comparable to the adjacent structure to the north.
It was also recognized that other commercial structures in the vicin-
ity are built close to the front lot line . Therefore the board be-
lieves that this request is reasonable and approval is in keeping with
the general intent of the code .
Appeal #2972 - 2524 Dillingham
This is a request by William Luginsland to erect an attached garage on
the property known as 2524 Dillingham to be located 23 feet from the
rear property line . The code requires 30 ' . A variance of 7 ' is re-
quested .
A presentation was given by V . Fountain . Slides were shown of the
subject property and surrounding land use .
The applicant proposes to construct a two car garage , attached to the
house by a breezeway, east of the existing house.
PAGE 2
Bill Luginsland , 4101 Delta River Drive , I am a builder representing
the owner Dorothy Crowl. She would like to build a garage at the rear
of the house and connect the garage to the house with the breezeway.
And the breezeway would serve two purposes. One , we would put a first
floor laundry in the breezeway and also give access to the garage so'
she does not have to go outside to get to the garage .
Curran made a motion to approve appeal #2972 . Second by Spink .
Yeas : Hilts , Wright , Curran , Spink, Steele , Christy, Clark
Nays : none
Appeal #2972 APPROVED.
The board was satisfied based on testimony and evidence that the cor-
ner lot size limits reasonable development of the property, and to
allow relief from strict application of the code is in order . The
board does not believe the change will have any adverse impact on ad-
jacent properties .
Appeal #2973 - 1115 South Pennsylvania
This is a request by Ingham Medical Center to place a second free
standing on premise advertising sign to identify the• new Occupational
Health Service Clinic which will occupy a portion of the building at
1115 South Pennsylvania . The Zoning Code allows one on premise sign ,
which is presently located on the south side of the building .
A presentation was given by V . Fountain . Slides were shown of the
subject property and surrounding land use . The purpose of the sign is
for direction and identification .
The applicant proposes to establish an Occupational Health Services
Clinic in the building with its main access from the north .
Clyde Stretch, Ingham Medical Center . Mr . Stretch presented
sketches .
Christy - Will that sign interfere with the visibility of northbound
traffic on Pennsylvania?
Stretch - No
Hilts - Can you negotiate anything with Hager Fox for additional
signage on their existing sign pole?
Stretch - No
Communication
A letter from Joseph Pandy, Board of Water & Light in support of the
request . They own land and buildings in the area.
A letter from Capital Wholesale , 1149 S . Pennsylvania, no objection
to the sign.
PAGE 3
A letter from John Fox , Hager Fox Electric and E. C. Fox , General
Manager Hager Fox , no objection to the sign.
Christy made a motion to approve appeal #2973 , with staff recommenda-
tions. Second by Wright';--
Christy withdraw motion and moves to table for one month. Motion does
not pass .
Wright made a motion to approve appeal #2973 with staff recommenda-
tions . Second by Christy.
Yeas : Curran, Christy, Wright
Nays : Hilts , Spink, Steele , Clark
Appeal #2973 DENIED.
There was a motion made and supported to approve the request , this
motion received a vote of 3 yeas and 4 nays. The concurring vote of a
majority of the members serving on the Board of Zoning Appeals shall
be necessary to reverse an order , requirement , decision or determina-
tion of the Planning Division or to decide in favor of the applicant a
matter upon which it is required to pass under an ordinance , or to
effect a variance of such ordinance .
Since there are nine members serving on the Board of Zoning Appeals it
requires five affirmative votes to approve the request .
Those members voting in favor of the request were satisfied that the
proposal for the second sign would help alleviate a directional and
location problem for the new office location, this was especially
noted and related to the potential difficulty of accessing the site
from Pennsylvania Avenue, a principal arterial street with high vol-
umes of traffic . They also did not believe the second sign would have
any adverse impact on adjacent properties .
Those members voting in opposition to the change were satisfied that
reasonable identification could be accomplished without a variance ,
and if approval were given it would establish precedent for future
sign requests .
Minutes
Spink made a motion to approve April 13 , 1989 minutes . Second by
Steele . Motion passed unanimously.
There being no further business the meeting adjourned at 8 :30 p.m.
The next meeting will be June 8 , 1989 at 7 :30 p .
Vernon C. Fountain
Secretary
Board of Zoning Appeals
PAGE 4
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r-
Minutes of the Regular Meeting
Board of Zoning Appeals
,Tune 8 , 1989 - 7 :30 p .m.
City Hall, Council Chambers . 10th floor
The meeting was called to order by Chairperson Priscilla Holmes at
7 :30 p .m.
Roll call was taken .
Present Excused Absence
Mary Clark Bernard Christy
Patricia Curran
Edward Spink
Grant Hilts
Floyd Wright
Tom Kane
Christopher Steele
Priscilla Holmes
Staff
Vern Fountain , Zoning Administrator
Emil Winnicker , Senior Planner
Elizabeth Gunter , Recording Secretary
Appeal #2974 - 801 South Logan
This is a request by Marathon Petroleum Company. The applicant wishes
to construct a 36 ' x 48 ' canopy over the gas pump islands at 801 South
Logan. Street . As proposed the canopy will have a set back of 6 ' from
the west property line ( Logan Street side) .
A presentation was given by E. Winnicker . Slides were shown of the
subject property and surrounding land use .
Robert Reverman of Marathon Petroleum Company. The variance we are
asking for is a 6 ' variance for the canopy. The portion of the canopy
that will be 6 ' from the property line is the overhang . The canopy
size is 36 ' x 481 . The centerline of the canopy support columns are
17 ' from the property line . The clearance from grade to the bottom of
the canopy is 141 , which would not be an obstruction to the traffic .
The overall height is 18 ' 3" .
Spink made a motion that appeal #2974 be approved . Second by Curran .
The placement of the building on the property prohibits the canopy
from meeting code requirements causing a hardship. The surrounding
uses will not be obstructed .
Yeas : Clark, Curran, Spink , Hilts, Wright , Kane , Steele , Holmes
Nays : none
Appeal #2974 APPROVED.
PAGE 1
The board was satisfied based on testimony and evidence that the
canopy would not adversely affect the surrounding land uses. The
board was also satisfied that the canopy would not restrict sight
distances and will be an improvement to the property.
Appeal #2975 - 1512 Prospect
This is a request by Gene Mellen to receive variances from .the build-
ing and lot coverage limitations established in the zoning code for
the ' C' Residential District to allow for the construction of a new
garage, addition to the rear of the house, and a driveway and patio
addition at 1512 Prospect .
A presentation was given by E. Winnicker . Slides were shown of the
subject property and surrounding land use .
Holmes - Is the driveway considered in the lot area coverage?
Winnicker - Not included in the building coverage , but its included in
the total lot area coverage .
Holmes - Is the garage as proposed allowable?
Winnicker - Yes
Gene Mellen , 1512 Prospect . I was unaware that the Planning Depart-
ment was opposing this . The drive we are proposing , the extension of
it is intended to be brick and sand . We also plan to have a concrete
drain tile along the east side of the driveway where the water cur-
rently drains out of the yard . We had an architect draw up the plans
for the addition that' s paid for. We feel that we need a two car ga-
rage and some workspace in the back to make the house habitable if we
want to live in it .
No one spoke further in favor or in opposition to the appeal .
Curran made a motion to table appeal #2975 • Second by Clark. Motion
passed unanimously.
The appeal was tabled for additional information.
Appeal ,#2976 - 1014 Raider
This is a request by Albert Roggow, Jr. to permit the construction of
a roof over the existing porch at 1014 Raider which is 24 feet from
the front property line . The code requires a set back of 29 feet .
A presentation was given by E. Winnicker . Slides were shown of the
subject property and surrounding land use .
The petitioner proposes to build a roof over the existing 6 ' wide by
22 ' long porch to be attached to the front of the structure . This is
a small single family home measuring 27 ' w x 381d - 670 square feet .
PAGE 2
Albert Roggow Jr . , 1014 Raider . I would like to construct a roof over
my porch to improve it , to protect the front of the home . I have
signatures from my neighbors that do no oppose .
William Devont, 1010 Raider, next door . He' s been trying to improve
his house , and I along with the rest of the neighbors support him.
Spink made a motion that appeal #2976 be approved . Second by Wright .
Yeas : Hilts , Wright , Curran , Clark, Spink, Steele , Kane , Holmes .
Nays : none
Appeal #2976 APPROVED.
The board found based on testimony and evidence -that the roof addition
will not appreciably alter the existing structure and will be compat-
ible with development in the neighborhood .
Appeal #2977 - 6070 South Logan
This is a request by Eric S. Clark of 6070 South Logan to utilize a
portion of the existing building for a pizza delivery business in ad-
dition to the existing bicycle sales .and service shop , with 16 parking
spaces available .
A presentation was given by V . Fountain . Slides were shown of the
subject property and surrounding land use .
Curran - Will it be in the new building?
Fountain - No it will be in the existing building .
Eric Clark, I own the bicycle shop at 6070 South Logan . Dan Baker ,
515 W. Grand River, East Lansing, proposed tenant for the pizza
store . We are asking for the variance of the six parking spaces , we
believe we can operate the business without causing any problems to
the egress off Logan Street . Our two businesses will operate at dif-
ferent times . His peak hours will be 14 :00 -6 :00 . Our hours are from
10 :00 am - 5 :00 pm. Ours is just a seasonal business .
Communication
Lee Butler , 6040 S. Logan, of Butler Soft Water has no objections .
Gordon Zeigler , 2136 Newark, supports the variance .
Hilts made a motion to approve appeal #2977 , subject to staff recom-
mendations . Second by Kane .
Yeas : Clark, Spink , Curran, Hilts , Kane , Wright , Steele , Holmes
Nays : none
Appeal #2977 APPROVED
The board found based on testimony and evidence that there is a hard-
ship based upon the configuration of the lot and the location of the
structure on the lot . The board was satisfied that the lack of six
PAGE 3
parking spaces would not adversely impact the neighboring properties .
The board' s decision included the following conditions :
1 . The parking area requiring such be hardsurfaced by the end of this
( 1989) construction season,
2 . Landscape , screening and buffering be added to adequately screen
the parking areas from abutting residential properties. This re-
quires plan approval from the Planning Division .
3 • This site be cleaned up , free of the outside storage of parts or
inoperable .
Appeal #2978 - 530 West Ionia
This is a three fold request by the Michigan Optometric Association at
530 West Ionia for a wall identification sign. The zoning code allows
one sign not to exceed 20 square feet in area, to be located at least
20 feet from the front property line .
A presentation was given by V . Fountain . Slides were shown of the
subject property and surrounding land use .
The proposed second sign is requested to be located on a brick wall
just off the west side of the building 9 feet from the property line .
The existing sign and the proposed 36" wide x 54 " high directory sign
totals 31 .5 square feet in area.
The existing sign is on the south wall of the building facing Ionia
Street . The proposed sign is to be located at the main entrance on
the west side of the building facing Pine Street .
Bill Dansby, Executive Vice President of the Michigan Optometric As-
sociation , located at 530 West Ionia Street . We want the sign because
tenants in our building want recognition to the public . I asked the
builder to put up this wall for a dual purpose . One for signage and
to cover up the meters . The sign we are proposing to put up will be
an unobtrusive sign, it will be aniodized aluminum black in color ex-
cept for the letters . It will add to the attractiveness of the
building .
A letter from Walter P . Maner , Michigan Distributors and Vendors As-
sociation, Inc . in favor of the request .
Spink made a motion to approve appeal #2978 . Second by Kane .
Yeas : Curran , Hilts , Clark, Spink, Kane , Steele , Wright , Holmes
Nays : none
Appeal #2978 APPROVED.
The board found based on testimony and evidence that there is a hard-
ship based upon the one way street pattern and the locations of the
off-street parking and the buildings entrance . The board was satis-
fied based on testimony and evidence that the second sign located as
proposed will not adversely impact the abutting properties .
PAGE 4
Appeal #2979 - 1729 West Jolly
This is a request by John O' Connor of 1729 West Jolly Road to permit a
new detached garage ( 30 ' x 321 ) to be constructed on the existing
foundation and to retain 5 other existing storage sheds on the site
for a total of 1 ,342 square feet of accessory buildings .
A presentation was given by V . Fountain . Slides were shown of the
subject property and surrounding land use .
John O' Connor , 1729 West Jolly Road . I had a welding shop for 140
years and it was a welding shop before . I had it , since 1929 . Arson
was the cause of the fire that burned the building . Now with the new
laws I can' t do any more welding . I will be removing 36 ' in the back
and 36 ' in front . I will be losing my garage which was a car and a
half on the house. I like antique cars . I would like to build back
960 sq ft garage and keep the five little barns .
Curran - Will you be doing welding?
O' Connor - No
James Tisdale , 1621 West Jolly. I' m in favor of the request . I have
been there nine years and he' s kept his place neat .
Communication
A letter from eight neighbors in support of the request .
A letter from Louis Wisner . 5021 Christiansen Road , in favor of the
request .
A letter from James Perkins, 1816 West Jolly in favor of the request .
Kane made a motion that appeal #2979 be approved for a variance of 102
. sq ft over the 1 ,000 sq ft allowed by code for accessory structure .
This would allow a garage to be constructed not to exceed 720 sq ft .
Second by Clark .
Yeas : Hilts, Curran , Kane , Clark , Spink , Steele , Wright , Holmes
Nays : none
Appeal #2979 APPROVED
The request was approved subject to the following conditions :
1 . Removal of the fire damaged structure containing 2 ,070 square
feet .
2 . Conversion of the attached garage into living space .
3 • Cessation of the previous welding business .
4 . Hardsurfacing of the driveway to the new garage .
5 . Removal of scrap metal and vehicle parts presently stored in the
open on the property.
The board found based on testimony and evidence that the new garage
will permit the storage of motor vehicles while the existing small
storage sheds provide lawn and garage equipment storage .
PAGE 5
The board believes that this variance will be compatible with neigh-
borhood development, enhance the property, and not cause a negative
impact on future development .
Appeal #2981 - 803 North Larch
This is a request by T. Flores to receive a variance from the lot
area requirement of the zoning code to allow for the conversion of the
single family dwelling unit located at 803 North Larch into a two
family unit . Each unit will have one bedroom. The property is zoned
' C' Residential . The code requires 5600 square feet . The lot has
5445 square feet .
A presentation was given by E. Winnicker . Slides were shown of the
subject property and surrounding land use .
Representative for T. Flores . Mr . Flores does not speak very good
English. He has remodeled and fixed up the entire house .
Holmes - Will Mr. Flores live in the house?
Representative He will live in the lower unit and rent the upper
unit .
No one spoke in favor or opposition .
Clark made a motion that appeal #2981 be approved subject to staff
recommendations . Second by Spink . .
Yeas : Clark, Curran , Spink , Hilts , Wright , Kane , Steele , Holmes
Nays : none
Appeal #2981 APPROVED
The board approved the request subject to the following conditions :
1 . That the garage at the back of the house be removed and that the
driveway be extended to provide an additional parking space .
2 . That all parking area be hardsurfaced .
3 . That all building code requirements be met .
The board was satisfied based on testimony and evidence that the house
is large enough to accommodate the proposed use and off street parking
can be provided . The board indicated that they felt that this is a
transitional area and to encourage improvements to existing develop-
ment , would be in keeping with the general intent of the Code .
The board does not want this approval to be looked at as establishing
precedence for any future requests , that may be similar in nature , but
rather a situation where relief was approved based on site and land
use relationships and the need to encourage improvements to existing
housing conditions .
Appeal #2982 - 1113 Pierce
PAGE 6
This is a request by Pamela Eaton-Champion to expand the existing day
care facility at 1113 Pierce Road to add a large motor skills devel-
opment room to the west end of the building .
A presentation by V . Fountain was given. Slides were shown of the
subject property and surrounding land use .
The developer wishes to expand the day care center by adding a large
motor skills development room 28 x 35 .5 feet . Proposes to .locate the
building 10 ' from the rear property line and 10 ' from the front prop-
erty line . The code requires a 20 ' front yard and a 30 ' rear yard .
Pamela Eaton-Champion, 1323 West Michigan. My lot does present dif-
ficulty .and hardship, I am completely surrounded by a commercial area .
I have a letter from my neighbor across the street and a letter from
the neighbors next to the play yard and they are in total agreement
with the proposal. In Michigan, we cannot go out and play every day
and it is important for the children to have as much motor activity. as
possible. It' s not my intention to increase the number of children,
but to allow the present children an indoor facility. We would meet
any parking requirements should the full amount come up . We have an
excellent pre school program. Presently our building is almost at
that 10 ' setback line , so we are asking for the continuance of some-
thing that is already in existence . On behalf of the children and the
residence in the area that use the facility and along with the neigh-
boring business employees who use the facility for their children we
would appreciate your approval of this request .
Communication
A letter from Mr . & Mrs. Roy Stevens , 1118 Pierce Road , we have
lived here for over 30 years , we have witnessed positive changes and
changes that have not been good . Jeff & Pam Champion have been the
best neighbors. We feel the new attachment will be a positive addi-
tion . We have no problems or concerns in what they are proposing to
do .
A letter from Mike & Jamie Sleep , 1209 Pierce Road , right next to
Pam' s preschool program. We have no problem living next door to this
kind of business . We think her plans are a good idea and it would
present no problems to us .
Curran made a motion to approve appeal #2982 with front yard variance
of 10 ' and rear yard variance of 20 ' subject to staff recommendations .
Second by Clark .
Yeas : Spink, Clark , Curran, Hilts , Wright , Steele , Kane , Holmes
Nays : none
Appeal #2982 APPROVED
The request was approved subject to the following conditions :
1 . Compliance with local , state and federal laws regarding child care
facilities .
PAGE 7
2 . Assurance that parking lease agreements meet requirement set forth
by the attorney' s office .
3 • Apprival of a Special Land Use Permit by Lansing City Council .
The Board found that the extremely shallow depth of the lot would not
permit any reasonable expansion of the existing building . The board
further found that the effort to retain the large maple tree as a part
of the aesthetic natural environment was also a legitimate reason for
requesting the configuration of the addition as proposed .
The board believes the location and size of the addition will be a
positive improvement and enhance the day care program without nega-
tively influencing the neighborhood . Adequate play space and parking
( by lease agreement) will be provided according to code requirements .
The Board of Zoning Appeals has granted the request but Planning Board
and City Council must approve a Special Land Use Permit to expand the
facility.
Minutes
Spink made a motion to approve the Minutes of the May 11 , 1989 meet-
ing . Second by Clark. Motion carried unanimously.
Old Business
Appeal #2937 , 214 Harris Street was denied by the Board at their No-
vember 10 , 1988 meeting . Mr . Robert Irwin is here tonight to request
a rehearing .
Robert Irwin, at the November meeting the neighbor that was so
strongly opposed has since moved. I have a new neighbor now who says
they have no objection .
Kane made a motion to reconsider 214 Harris Street . Second by Hilts .
Motion carried unanimously.
There being no further business the meeting was adjourned at 9 :30 p .m.
thy_
Vern Fountain
Secretary
Board of Zoning Appeals
PAGE 8
Minutes of the Regular Meeting
Board of Zoning Appeals
July 13 , 1989 - 7 :30 p .m.
City Hall, Council Chambers . loth floor
The meeting was called to order by Chairperson Priscilla Holmes at
7 :30 p .m.
Roll call was taken.
Present
Mary Clark
Christopher Steele
Edward Spink
Bernard Christy
Patricia Curran
Floyd Wright
Tom Kane
Grant Hilts
Priscilla Holmes
Staff
Vern Fountain , Zoning Administrator
Emil Winnicker , Senior Planner
Elizabeth Gunter , Recording Secretary
Election of Officers
Spink - I nominate Mary Clark , President ; Patricia Curran, Vice
President; Vern Fountain, Secretary, further move that the nominations
be closed and an unanimous ballot be cast with the new officers taking
office at the conclusion of this meeting . Second by Kane .
Motion passed unanimously.
Tabled Appeal #2975 - 1512 Prospect
Holmes - This appeal was tabled at the last meeting to clarify some
information.
Spink made a motion to remove appeal #2975 from the table . Second by
Kane . Motion passed unanimously.
Additional information was given by E . Winnicker .
Gene Mellen - 1512 Prospect Street . I have letters of support from
neighbors on each side who would be most affected by drainage issue .
We would like the board to consider this in two parts. First would be
the construction of the p�j oposed 22 ' x 27 ' or 594 sq ft garage and
driveway which would be reduced to 800 sq ft from the previous dimen-
PA(:F. 1
sion of 848 sq ft . This would require only a variance for total lot
coverage of about 62% . The second consideration to vote on would be
the proposed garage and house addition without the indicated deck in
the original plan and with the same reduced driveway, for a total
coverage of 2600 sq ft or 71 % of lot and a structure coverage of 1751
sq ft or 48% of the lot .
We plan to improve the view of green space in the center of the block
by removing the existing garage, after construction of the new garage
and adding raised planting beds along the inside curb of the driveway.
As to the current hardship , the basement of our home currently has 6 '
ceilings , which is particularly inadequate for reasonable use of the
south half of the basement due to overhead duct work. For this reason
the extra width of the garage work space in the proposed 22 x 27 ga-
rage cannot be compromised without loss of practicality of property.
As will be seen in the accompanying slides , taken within a block or
two around our home , 2 car garages, some even larger than that , are
not uncommon in our neighborhood .
We have attempted to address the drainage issue for our neighbors and
for ourselves by contracting for a drain study by Fred White Engi-
neering .
We also propose a brick and sand driveway extension which is well
known to reduce run off compared to a concrete driveway.
Kate Young , Eastside Neighborhood Organization , 301 Allen Street . We
are supporting this request for a variance for the following reasons .
We think the petitioner is making the best of a bad situation . . This
particular block the lots sizes are small and that presents problems
for owners who wish to make improvements to their property. We feel
the drainage issue will be addressed and improve the situation .
The first variance requires only a 2% variance on total lot coverage.
The second variance requires a variance of 11 % for total coverage and
8% for structure coverage .
Clark - ( the first variance , the garage and revised driveway area)
Move to approve, reason, for utilization of the lot it is reasonable .
Second by Curran .
Yeas : Clark, Curran, SPink , Hilts , Christy, Wright, Kane , Steele ,
Holmes .
Nays : none
Approved .
Second variance for total lot coverage as amended . Kane made a motion
to approve . Second by Christy.
Yeas : Curran , Hilts , Christy, Wright , Kane , Steele , Holmes
Nays : Clark, Spink.
Approved .
PAGE 2
The board did not approve the request as filed . However , the board
did approve a variance of 2% o the lot area coverage that will allow
you to construct a garage and install a driveway as presented in the
revised proposal .
The board also approved. variances that will allow for lot and building
coverages not to exceed 71% and 48% respectively. This will allow for
the garage , driveway and addition to the home as presented in the re-
vised proposal .
The board was satisfied that the development as proposed will not have
an adverse impact on adjacent properties provided proper drainage is
installed and all other codes met .
Appeal #2983 - 3102 Creston
This is a request by Charles Handley by Northern Home Improvements for
a variance to allow the replacement of a porch and awning measuring 6 '
x 11 ' with a completely enclosed porch 8 ' x 11 ' in ' size .
A presentation was given by V . Fountain. Slides were shown of the
subject property and surrounding land use .
Code requires a 25 ' front yard setback from the property line for an
enclosed porch along this street frontage . The proposed porch will
have an 18 ' setback. This requires a variance of 7 ' .
Mrs . Handley, I just want my porch enclosed . I talked to my neigh-
bors on either side and across the road and they don' t care. My hus-
band had a stroke last year, he' s 77 and he has difficulty getting
around and I thought it would be nice that he could go out there and
sit . I' m 70 and I just thought that it would be nice and it would
improve the house and the neighborhood . After we add the porch then
we were going to have it sided , and the whole house sided , and have a
new door on the side , and make improvements to the entrance way.
Kane made a motion to approve appeal #2983 . Second by Wright . It
will not increase the intensity of the use .
Yeas : Spink , Clark , Curran, Christy, Hilts , Wright, Steele , Kane ,
Holmes
Nays : none
Appeal #2983 APPROVED.
The board was satisfied based on testimony and evidence that the en-
closure will not adversely impact the adjacent properties , and will
not be out of character with existing development . No increase in
land use intensity will occur .
Appeal #2984 - 214 Harris Street
This is a request by Robert Irwin to receive a variance from the
zoning code that will allow him to keep an existing 10 ' x 12' storage
PAGE 3
shed located within one foot of the east property line on property
located at 214 Harris Street .
A presentation was given by E . Winnicker . Slides were shown of the
subject property and surrounding land use .
Code requires that an accessory • structure be located at least three
feet from the side property line .
Robert Irwin, 214 Harris . When I came before the board last November ,
my neighbor, who made the complaint next door, came up here and said
things that were not true . When I had the shed built I asked the
contractor about the laws and building permits and he assured me that
this type of structure was legal where it was at . Therefore I went
around and built the foundation, the raised beds the underground ir-
rigation system, designed everything around the structure . The
neighbor that complained has since left and there is a new owner there
now. The new owner has written a letter to the board stating that
there is no problem. He has no problem with the shed . The shed is
maintenance free .
Communication
A letter from the adjoining property stating they have no problem with
the shed . (Lyle Keckler, 218 Harris) .
A petition signed by 17 neighbors stating that they are in support .
A letter from Helen E. Brija, 212 E. Jackson, no objection,
Wright made a motion to approve the request for appeal #2984 based on
the fact that there is a hardship. Second by Christy.
Yeas : Hilts , Wright , Curran, Clark , Spink , Steele , Christy, Kane ,
Holmes
Nays : none
Appeal #2984 APPROVED.
The board found that the storage building is not likely to interfere
with the use and enjoyment of the adjoining property.
The board further found that the adjoining property owner has agreed
'to allow you to enter upon his property to maintain that side of the
building .
Appeal #2985 - 1008/10 South Washington
This is a request by the Society of St . Vincent De Paul to receive
two variances from the zoning code to allow for the construction of a
building directly on the east property line along South Washington
Avenue and on their north property line on property located at 1020
South Washington.
D A n V 11
A presentation was given by E . Winnicker . Slides were shown of the
subject property and surrounding land use .
Code requires a front yard setback of 20 ' in the ' F' Commercial and
' G-2' Wholesale Districts . A side yard setback of at least 10 ' is
required .
Pete Ellena, I' m representing the Society of St . -Vincent De Paul .
The current building we have drawn out encompasses the entire lot ,
which is 60 x 80 . And if we went by code without variance we would be
reducing it to 50 ' x 601 . We feel it will curtail the programs we
have planned inside it . Secondly, all the buildings on Washington
Avenue are built on the property line . Property wise we own from Elm
Street to Hazel to the river . I talked with Don Clawson who owns the
building on the right and he has no problem with us building there .
Holmes - Could you tell us how the building will be used?
Elllna - The building is going to be a clinic . This clinic will take
people from the streets , give them a clean change of clothing ,
showers . We have volunteer doctors and nurses that will be coming in
for health problems and hygiene problems . We will also provide them
with a doughnut and a cup of coffee in the morning while they are
waiting to take showers and we might give them a bowl of soup at noon.
We will have a full time staff persons running the place and will be
supervised by our general council .
Holmes - What will be your hours?
Ellena - The hours in that building will be from 10 :00 am to 5 :00 p .m
Holmes - Has St . Vincent ever run an operation like this before?
Ellena - Not in Lansing , we have them in many places throughout the
country.
Steele - What is the parking requirement?
Fountain - Based on the square footage and that will be determined
when we get the final floor plan . Parking must be adequate .
Howard Jones, 426 West Barnes , I' m president of the South Central
Neighborhood Organization. We knew nothing about the proposal until
two days ago. It would appear to me that out of fairness to the peo-
ple in the neighborhood organization the board table this and give us
a chance to meet with Pete and his group to come to some kind of a
better understanding on how this will be operated and what the intent
of the program really is .
Kane made a motion to table the appeal . Second by Spink . Motion
passed unanimously.
The request was tabled for further study and report .
Appeal #2986 - 412 N. Walnut
PAGE 5
This is a request by Earl Daup Signs , representing the property owner
( Accent Leasing) to construct a ground identification sign 30 square
feet in size , three feet from the front property line of the property
at 412 North Walnut .
A presentation was given by V . Fountain. Slides were shown of the
subject property and surrounding land use .
The property is zoned ' D-1 ' Professional which allows a 20 square foot
sign placed a minimum of 20 feet from the front property line. The
sign is proposed to stand a total of seven feet above ground and
identify the office uses within the building as well as the address .
Chris Marty, from Earl Daup Signs , Flint , Michigan. The actual sign I
requested, the setback for that sign is 20 ' from the right-of-way and
the right-of-way is 26 ' 3" from the curb , meaning you could not put any
sign whatsoever in the front part of the building. As for the in-
crease in size , I have a sketch of the sign . If its only 20 sq ft in
size the print will be so small it won' t be readable .
Clark - Why did you choose 3 ft?
Marty - I would like to get it as close to the road as possible . But
we do not want to create a visibility problem.
James Weed , I' m the owner of 'the building . The real difficulty is the
house sits 24 ' inside the large brick house just south of us. So you
pass the building before you see it .
Setback Variance : Steele made a motion to approve a 17 ' setback
variance due to the configuration of the lot and the right-of-way
hardship. Second by Clark.
Yeas : Curran , Hilts , Clark , Christy, Spink , Kane , Steele , Wright ,
Holmes
Nays : none
Setback variance approved .
Size of Sign : Kane made a motion to deny a 30 sq ft sign. Second by
Clark.
Yeas : Hilts , Curran, Kane , Clark, Spink, Steele , Christy, Wright ,
Holmes
Nays : none
Size of sign requested denied .
The board found based on testimony and evidence that the Zoning Code
placed a practical hardship on the property by requiring the sign to
be 20 ' from the front property line . Therefore , the board approved
your request to place the sign 3 ' from the front property line .
However , the board did not find a prevaling hardship that would sup-
port the need to exceed the code maximum of 20 square feet in size for
a sign in the ' D-1 ' Professional Office District . Therefore , the
board denied the size portion of the variance request .
PAGE 6
The boards action therefore allows the petitioner to request the nec-
essary sign permit for a sign, not exceeding 20 square feet , to be
placed 3 ' from the front property line for the property at 412 North
Walnut Street .
Holmes asked to be excused from the discussion and voting of Appeal
#2987 reason being that she is doing consulting work on 802 E .
Shiawassee .
Appeal #2987 - 802 East Shiawassee
This is a request by Rose Norwood , President of Community Builders ,
Inc . to substantially renovate the structure at 802 East Shiawassee
with less parking then is required by the Planning and Zoning Code .
A presentation was given by V . Fountain. Slides were shown of the
subject property and surrounding land use .
The property will be rehabilitated for continued use as four one bed-
room units . Six parking spaces are required , five spaces will be
provided .
Rose Norwood , 1423 Jerome Street , President of Community Builders.
Community Builders is anon-profit neighborhood revitalization group .
Our membership and our board are all residents of the Eastside Neigh-
borhood . Our goal is to improve our neighborhood by buying and
rehabing housing . We will be utilizing city rental rehab funds to
renovate the four unit structure . All of the units are currently oc-
cupied by low income tenants . We are also purchasing 806 , we have an
offer that' s been accepted . Its a two unit which shares a driveway
with 802 . The variance is not substantial but it is necessary for us
in order to obtain the rental rehab money.
Curran made a motion to approve appeal #2987 , reason to upgrade the
property. Second by Kane .
Yeas : Curran, Spink , Hilts , Christy, Wright , Kane, Steele
Nays : Clark
Abstain : Holmes
Appeal #2987 APPROVED.
The board approved the request to reduce the number of required park-
ing spaces from six to five as long as the structure continues to be
used for not more than four one bedroom units in the DM-3 District .
With the approval all dimensional criteria including setbacks and re-
quired lot area are met . According to zoning regulations , the struc-
ture and lot are now conforming and no limitations or restrictions for
nonconforming use apply.
The board was satisfied . based on testimony and evidence that approval
of this request will facilitate improvements to this property for a
use that is in character with development in the vicinity, which con-
sists of mixed single and milti family structures.
PAGE 7
Minutes
Fountain asked the board to read and confirm the conditions attached
to their approval of appeal #2979 , 1729 West .Jolly Road . They did so .
Kane made a motion to approve the minutes as amended ( spelling cor-
rection) . Motion approved unanimously.
Meeting adjourned at 9 : 15 p.m.
Vernon C. F u i
Secretary
Board of Zoning Appeals
PAGE 8
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Minutes of the Regular Meeting
Board of Zoning Appeals
August 10 , 1989 - 7 :30 p .m.
City Hall, Council Chambers . 10th floor
The meeting was called to order by Chairperson Mary Clark at 7 :30 p .m.
Roll call was taken .
Present Excused Absence
Priscilla Holmes Tom Kane
Christopher Steele
Edward Spink
Floyd Wright
Patricia Curran
Bernard Christy
Grant Hilts
Mary Clark
Staff
Vern Fountain , Zoning Administrator
Emil Winnicker , Senior Planner
Elizabeth Gunter ; Recording Secretary
Tabled Appeal #2985 , 1008/10 South Washington
Holmes made a motion to remove appeal #2985 from the table . Second by
Steele .
A letter from Pete Ellena, Director , Society of St . Vincent de Paul .
At their board meeting they decided for the good of the neighborhood
to cancel all plans to build a clinic on property located at 1008/10
South Washington .
Holmes made a motion to accept the withdrawal of appeal #2985 • Second
by Spink. Motion carried unanimously.
Appeal #2988 - 2506 Kuerbitz
This is a request by Alfredo Martinez to receive a variance to the
front yard setback requirement of the zoning code that will allow for
the construction of a front deck with roof 32.1 from the front lot line
on the premises known as 2506 Kuerbitz Drive .
A presentation was given by E. Winnicker . Slides were shown of the
subject property and surrounding land use .
The proposed covered deck would be built not closer than 321 to the
front property line . Wolmanized treated building material will be
used for the addition .
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Holmes - The porch willnotbe enclosed .
Whittaker - No it will consist of just a roof and deck .
Steele made a motion to approve appeal #2988 . Second by Wright .
Yeas : Holmes , Curran , Spink, Hilts , Christy, Wright , Steele , Clark
Nays : none
Appeal #2988 APPROVED
The board established that the impact of the proposed improvement
would be minimal and would not interfere with the view enjoyed by
other residents in the area. The board also believes that the modest
project proposed is a reasonable request and in character with nearby
development
Appeal #2989 - Lot 84 Parkdale Subdivision
This is a request by Stan Bauer to construct a new home on the vacant
lot on the southwest corner of Shubel and Pershing Streets ( 1700 block
of Shubel Street) . The petitioner requests to build the ranch style
home 20 ' from the Shubel Street property line and 27 .5 ' from the rear
.( south) property line .
A presentation was given by E. Winnicker . Slides were shown of the
subject property and surround.ing land use .
Section 1248 .07 (b) requires the structure to be 30 ' from the Shubel
Street property line, in line with the existing homes and Section
1248 .09 requires the structure to be 30 ' from the rear property line .
This is a request for variances of 10 ' and 2 .5 ' respectively.
Stan Brauer , 1409 Sunnyside . I have lived here for 27 years , just two
blocks from the proposed home site. My wife and I want to stay in the
area. The other lots are 170 feet deep , that' s why they established
the earlier setback. We will be 37 feet from the next house . I vis-
ited the neighbors , Mr . Dell and Mrs . Johnson and there are not any
problems with them. We are far enough back from each corner so we
won' t be interfering with traffic . We have lived in the neighborhood
for over 40 years and would like to stay there .
Holmes - Will this be your primary residence?
Brauer - Yes .
Communication
A letter from Miss Pauline Bellinger , 1801 Alpha Street , against the
granting of a variance. I do not live in the immediate block but I
have been a home owner at the above address for 33 years .
Holmes made a motion to approve appeal #2989 . Second by Steele .
, Yeas : Spink, Holmes, Curran , Christy, Hilts , Wright , Steele , Clark.
Nays : none
Appeal #2989 APPROVED
The Board found based on testimony and evidence that the established
front yard setbacks required for the property limited the construction
possibilities for this vacant corner lot . The Board believes that the
use and location of the structure will be in keeping with the general
intent of the code , and should not adversely impact the neighborhood .
Appeal #2990 - 520 W. Barnes
This is a request by Mr . Vern Sayers representing Mr. Howard Sugden
who is the property owner and lives at 520 West Barnes . The property
owner wishes to have a library addition constructed on the east side
of the single family home at 520 West Barnes . The addition will ex-
tend to 16 .5 ' from the front lot line ( south) and 14 ' from the rear
lot line ( east) .
A presentation was given by V . Fountain . Slides were shown of the
subject property and surrounding land use . There are two variances
requested for the proposed library; 3 .5 ' front yard and 16 ' rear yard .
Dennis Dolan, 2420 Emerald Forest , East Lansing , representing Pastor
Sugden . Pastor Sugden and Mrs Sugden are in Canada this week at a
conference and could not be here . The Sugden' s have lived in the home
for 25 years . They plan to maintain their residence there , and would
like to construct this room to the east of the home , as a library ad-
dition . It will not be a bedroom, it will be a library room that they
might have for study.
Vern Sayers , builder in the area for over 32 years , 1652 Parkdale ,
East Lansing . I' ve know the Sugden' s 35 years . I was .approached to do
the library and the first thing we had done was a survey to find out
which is the rear yard and side yard . .The house is an unusual home ,
its a story and a half with a porch . The addition will go on the east
end . We will match the existing roof lines . I circulated letters in
the area and I have 19 letters from people who have signed with no
objection .
Holmes - Where will the entry way be located?
Sayers - The entrance way will be on the east end of the house, the
main entry to the library will be from the main part of the house .
Communication
A letter from Rob Haughton, 512 W. Barnes , next door to the east of
the Sugden residence . No objection to their proposal .
The following are letters of endorsement from residents in the sur-
rounding area : Jeanne Kerr , 510 W. Barnes; Kirt Chapin, 517 Moores
River Dr ; Ernest Julian, 513 Moores River Dr ; Philip Siebert , 501
Moores River Dr; Michele & Mark Bosche , 509 Moores River Dr; Patricia
Buffington, 1613 Osband ; Kent Maher , . 1621 Osband; JoAnn May, 1618
Osband; Irene Nosal, 601 W. Barnes; Linda Vasquez-Vincent , 619 W.
Barnes ; Harold Dunckle Jr . , 607 W. Barnes ; Eloisa Fish , 616 W.
Barnes; Tammy Barnes , 618 W. Barnes; Vic & Dorothy Torok, 615 W.
Barnes ; Marcus Gonzalez, 1715 Osband; Melissa Clark, 1723 Osband;
Matthew Mardigian, 601 Moores River Dr ; Diana Martin, 1610 Osband;
James & Laura Darrow, 1720 Osband; Laurence Moore, 1620 Osband .
Christy made a motion to approve Appeal #2990 . Second by Holmes .
Spink requested that the motion include the condition that there will
be no entrance off the porch into the addition and the addition con-
form in character to the current architecture of the house .
Yeas : .Hilts , Wright , Curran, Holmes , Spink, Steele , Christy, Clark
Nays : none
Appeal #2990 APPROVED
Approval was given with the condition that no access to the new addi-
tion shall be from the existing porch, and access shall only be from
the internal living area .
The board found that if the addition is constructed so that it is
architecturally compatible with the existing home and there is no en-
trance from the addition to the existing front porch, that there would
be minimal impact on the neighborhood .
The approval of the building permit application for the proposed ad-
dition will require that these details be verified .
Mr . Christy left the meeting at 8 : 15 p .m.
Appeal #2991 - 4001 South Logan
This is a request by Dan Johnson of Johnson Sign Company to permit the
erection of a sixth free standing sign at Shaheen Chevrolet located at
4001 South Logan to be used as a directional sign to their body repair
shop .
A presentation was given by V . Fountain. Slides were shown of the
subject property and surrounding land use .
The code states that there shall be not more than one accessory free-
standing sign.
Holmes - If they added to the sign, what would be the size?
Fountain - Same as the Parts Service sign.
Dan Johnson, Johnson Sign Co . , 5812 South Cedar . There are only 4
existing pole signs up now, the Geo sign, Used Car , Main ID, Body
Shop . I think it would be ideal to put the Body Shop sign below the
Parts Service sign, but GM specs will not allow two signs on the same
structure for appearance and structure wise . They want it on a sepa-
rate pole. That' s why we' re asking for a fifth sign. The hardship
would be not having a body shop sign and it would cause a lot of
traffic problems , for people not knowing where to pull in.
Michael Booth , Owosso , Michigan, Body Shop Manager for Shaheen
Chevrolet . The hardship is created for us , we experienced quite a
growth in our body shop facility over the last 3 years . We have ap-
proximately 300-400 people coming into the body shop per week , I no-
ticed from the comments of the people that they said it would be nice
if they knew where to go, which entrance way to use . Traffic is heavy
on Logan Street . It would be nice to put .a sign up to direct people
to the body shop .
Curran- Where are you planning on putting the sign?
Booth - On the other side of the driveway, the entrance way coming in.
On the other side of the Part Service sign.
Communication
A letter from Sharon Huber , 3915 Walton Dr . object to another sign
being erected .
A phone message from Tom 'Brady, Evergreen Terrace , apartment at
Cavanaugh and Logan will not impact his property.
Steele made a motion to deny appeal #2991 on the basis that no hard-
ship has been shown. Second by Holmes.
Yeas : Holmes , Spink, Curran , Hilts, Wright , Steele , Clark
Nays : none
Appeal #2991 DENIED
The board does not believe that there is a hardship associated with
this request , and further found , based on testimony and evidence, that
several other free standing signs exist on the property. The board
believes there are other options as to where and how the sign could be
installed without creating an additional free standing sign.
Appeal #2992 - 434 South Jenison
This is a request by Anthony Rogers to receive a variance to the rear
yard setback requirement established in the zoning code to allow for
the construction of an addition 24 ' x 14 ' in size to the rear of the
home located at 434 South Jenison. The applicant proposes to con-
struct a bedroom and family room, 20 ft . from the rear lot line .
A presentation was given by E . Winnicker . Slides were shown of the
subject property and surrounding land use .
Spink - Where would the garage be placed?
Winnicker - He could build a detached garage on the west side of the
house .
Mark Buren, builder , 4822 Grand Wood Drive. The concern that the
Rogers have in respect to building the garage is that there is no
other possible place to add additional space . This home is only 832
sq ft . It has two small bedrooms one living room and kitchen. Their
concern is they have two children and need more space . The addition
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is 24 ' in total width on the rear of the home and the home itself is
301 . Taking everything into consideration that is really the only
place it can be put on . Also , its an odd shaped corner lot .
Curran made a motion to approve appeal #2992 , based on the irregular
shape of the lot and the neighbors do not have a problem with it .
Second by Holmes .
Yeas : , Curran, Hilts , Holmes , Spink, Steele , Wright , Clark
Nays : none
Appeal #2992 APPROVED
The Board was satisfied based on testimony and evidence that the ad-
dition to the home is a reasonable request justified by the small size
and existing layout of the structure . The Board noted the legitimate
hardship created by the irregular shape of the corner lot.
Appeal #2993 - 311 Community Street
This is a request by Ball' s Remodeling to construct an attached garage
four feet from the side ( east) property line at property located at
311 Community Street .
A presentation was given by E. Winnicker . Slides were shown of the
subject property and surrounding land use . Code requires an attached
garage to be setback from the side lot line a minimum of six feet .
Gary Ball , 715 Community, I' m here for Mrs . Alleman. The reason we
want the larger room, you can see that the stoop coming from the house
narrows the space , by giving her the extra 21 , will allow them to open
their door more readily. I talked with a couple of the neighbors and
there was no problem.
Patrick Boughton , 319 Community Street . My house is six feet from the
property line on both sides. About three years ago , the people on the
other side of me their house caught fire and their house almost burnt
mine down. The distance between the two structures is 16 feet . If
this . house is built with a garage , there will only be 10 feet . It
really scares me , I don' t like it at all.
Hilts made a motion to deny appeal #2993 on the basis that there is an
alternative, they could build a 22' garage without a variance, and the
reservation of the next door neighbor .
Yeas : Hilts , Curran, Holmes , Spink, Steele, Clark
Nays : Wright
Appeal #2993 DENIED
The board does not believe that there is a hardship associated with
this request , and found further , based on testimony and evidence , that
other alternatives exst that would allow to build and attached two car
garage. The board believes that the garage would be built too close
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to the east property line if allowed to come as close as 4 feet to the
side property line , thus creating an overcrowding situation with the
residents to the east .
Appeal #2994 - 2000 Hamelon
This is a request by Dart Parsons to complete construction of an above
ground • pool and deck in the northwest corner of the property at
2000/2002 Hamelon which is within the defined front yard .
A presentation was given by V . Fountain. Slides were shown of the
subject property and surrounding land use .
Code requires that accessory structures be located no closer than 60 '
from the front property line . The pool deck edge is 2" from both
front property lines.
Spink - What is the height of the fence in front?
Fountain - Its higher that what is allowed. Its a nonconforming
fence .
Dart Parsons , 2000 Hamelon . The pool was put in over 4th of July
weekend , not knowing you need a building permit for an above ground
pool , which I was told by other people , we went ahead and put it in
the only logical place in the yard , which at that time I thought was a
side yard , it ended up being the front yard . It is in the corner ,
inside the chain link fence . The chain link fence will go around the
pool itself. It will be totally enclosed . The top of the 4 ' x 4 '
will be a 2' x 6 ' horizontally running around the 4 ' x 4 ' with 4 '
lattice down to the deck boards . And then 2' lattice underneath en-
closing the bottom of the deck, making it match the swing set . The
fence or deck is not obstructing any traffic coming off of Hamelon.
Holmes - Do you rent this structure?
Parsons - Yes , I rent from my father-in-law and mother-in-law, the own
the duplex .
Holmes - What do your neighbors say about the pool?
Parsons - The neighbors south on Aurelius , their opinion is they don' t
care they don' t want it to look like a zoo . The people across the
street on Hamelon Avenue in favor. I have a petition that I took
around the neighborhood , I have 24 signatures from people that support
the pool .
Spink made a motion to deny appeal #2994 . Motion failed for lack of
support .
Holmes made a motion to approve appeal #2994 . Second - by Hilts .
Yeas : Holmes , Curran, Hilts , Wright , Steele
Nays : Spink , Clark
Appeal #2994 APPROVED
r
The Board found based on testimony and evidence that the orientation
and placement of the structure as well as the location of the tree
create a practical difficulty in effectively using the only available
outdoor recreation space .
The Board believes that the request is reasonable and has therefore
granted the appeal.
While this satisfies the zoning requirements , all Building Safety Di-
vision regulations must be met prior to issuance of the appropriate
building permits .
Appeal #2995 - 3701 Weger Place
This is a request by Joseph and Patricia Filko to expand the width of
the driveway at 3701 Weger Place from 12' to approximately 241 .
A presentation ' was given by V . Fountain . Slides were shown of the
subject property and surrounding land use .
The code limits the- width of a driveway in the front yard to 12 ' if
there is no garage or a one car garage .
Patricia Filko , 3701 Weger Place . There are 34 houses in the circle
drive and 15 of them have the widen driveway. I also have a petition
in support of this .
Joe Filko , additional parking would be nice and we do have the support
of the neighbors .
Spink made a motion to deny appeal #2995 • Second by Holmes .
Yeas : Curran , Holmes , Spink, Steele, Clark
Nays : Hilts , Wright
Appeal #2995 DENIED
The Board found that the requested additional width served only as a
convenience feature, not a practical difficulty.
The Board also believes that the aesthetic character of the lot would
not be enhanced by this proposal.
Since the petition was denied , the area adjacent to the driveway
should be returned to its previous lawn condition.
Minutes
Holmes made a motion to approve the July 13 , 1989 minutes . Second by
Curran. Motion carried unanimously.
There being no further business the meeting was adjourned at 9 : 15 p .m.
e'rnon C. Foun ain
Secretary
Board of Zoning Appeals
� 0
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Minutes of the Regular Meeting
Board of Zoning Appeals
October 12 , 1989 - 7 :30 p .m .
City Hall , Council Chambers , 10th floor
The meeting was called to order by Chairperson Mary Clark at 7 :30 p .m .
Roll call was taken .
Present Excused Absence
Priscilla Holmes Hilda Patricia Curran
Edward Spink Christopher Steele
Bernard Christy
Tom Kane
Grant Hilts
Floyd Wright
Mary Clark
Staff
Vern Fountain , Zoning Administrator
Emil Winnicker , Senior Planner
Elizabeth Gunter , Recording Secretary
Appeal #3004 - 615 South Capitol
This is a request by The Shinberg Insurance Agency to construct a
1314 " x 24 ' addition on the front of the building at 615 South Capitol
Avenue . The property at 615 South Capitol is zoned ' D-1 ' Professional
Office District . Code requires a 20 ' front yard setback .
A presentation was given by E. Winnicker . Slides were shown of the
subject property and surrounding land use .
Holmes - Is this request for a front yard variance?
Winnicker - Yes .
Holmes - Will there be any green space left?
Winnicker - There will not be a lot of green space , it is a tight
parking situation .
Kane - What is the staff' s intent of recommending that the exterior
design be sensitive to the original architecture of the building?
Winnicker - We did not want the addition to look like an add on but
more as an integral part of the original structure .
There was no applicant representation to this request at this time .
Kane made a motion to table the appeal until the end of the agenda .
Second by Hilts . Motion carried unanimously.
PAGE 1
Appeal #3005 - 507 Dunlap
This is a request by Richard Byam of 507 Dunlap for a second private
garage structure . In addition to this existing single car attached
garage lie has constructed an attached carport . A carport is consid-
ered a ' private garage' in the zoning code .
A presentation was given by E . Winnicker . Slides were shown of the
subject property and surrounding land use .
Spink - Does the carport meet the setback requirements?
Winnicker - Yes .
Holmes - Is a fire wall required for the carport?
Winnicker - No .
Richard Byam, 507 Dunlap - I have a new truck that is over 20 ' long
and I have no other way to keep it covered . There is only room for my
car in the garage .
Communication
A letter from The Petersons , 517 Dunlap Street indicating they have no
problem with the carport . The garage is set back from the house so it
looks right .
Holmes made a motion to approve appeal #3005 . Second by Hilts .
Yeas : Hilts , Wright , Holmes , Christy , Kane , Clark
Nays : Spink
Appeal #3005 APPROVED.
The board was satisfied based on testimony and evidence that the
carport does not have a negative impact on the surrounding properties .
The board further believes that if the carport remains open► as con-
structed it will not adversely affect light , air , and view on the ad-
jacent residential use .
Appeal #3006 - 120 Olympia
This is a request by John Youngblood to construct an attached garage
five feet from the side property line at 120 Olympia. The code re-
quires an attached garage to be set back from the side lot line a
minimum of six feet . This is a variance of 11 .
A presentation was given by V . Fountain . Slides were shown of the
subject property and surrounding land use .
John Youngblood , 5846 Haverhill , Contractor , representing Druman Shah .
I wanted to go three feet in but there are side steps . The owner has
one car now, but will need more room in the near future . It could not
go in the back because there is a drastic slope. This new addition
will tie into the existing roof line .
PAGE 2
Spink - What is the size of the stoop , the top of the landing?
Youngblood - Approximately 41x4 ' , it will be taken out and three steps
will be put in .
Kane made a motion to approve appeal #3006 . Second by Holmes .
Yeas : Holmes , Spink , Christy, Hilts , Kane , Wright , Clark
Nays : none
Appeal #3006 APPROVED
The board found based on testimony and evidence that there is a hard-
ship in terms of the topography and layout of the House on the lot .
The board does not believe the change will adversely impact the adja-
cent property .
Appeal #3007 - 3414 Aurelius
This is a request by J . R. Reynolds of the Motorola Corporation to
replace an existing 300 foot communications tower with another 300
foot tower to be located slightly north of the present one on the same
parcel of land at 3414 Aurelius Road . Attached to the tower will be
an FI4 frequency radio amplifier .
A presentation was given by V . Fountain . Slides were shown of the
subject property and surrounding land use .
Kane - Will the old tower be removed?
Fountain - Yes , the old one is unsafe .
J . R. Reynolds , 26211 Central Park , Southfield . The old tower is
twenty plus years old . It is not up to specifications . We are re-
questing to put up a new and improved tower .
Spink made a motion to approve appeal #3007 . Second by Kane .
Yeas : Hilts , Holmes , Christy, Spink, Kane , Wright , Clark
Nays : none
Appeal #3007 APPROVED.
This approval is subject to the following conditions : 1 ) installation
of hazard lighting; 2) adequate surge suppression techniques for the
purpose of protecting the subject property and adjacent properties
from damage by lighting; 3) fencing of the equipment building for
safety and security; 4) one parking space to service the facility; 5)
appropriate FCC and FAA approvals .
The board found based on testimony and evidence that the height of the
tower should not have any negative impacts upon the surrounding de-
velopment and will provide modernized equipment which will assure
technical and safety improvements .
PACE 3
Appeal #3010 - 205 Potter
This is a request by Edith Grice , 225 Potter Street to remove an 8 ' by
8 ' open front porch and replace it with a 14 ' by 8 ' enclosed porch 24 '
from the front property line .
A presentation was given by V . Fountain . Slides were shown of the
subject property and surrounding land use .
Paul Reader , 2795 Delmar Drive , Okemos , Builder , representing Mrs .
Grice . She has asked me to enclose the porch for protection from the
weather .
Glenn Otter , 100 E . Potter - She needs it for entering the house . It
will be an improvement .
Communication
Joyce Church , 204 Potter , objects to the request . It does not affect
me but I do not think its fair to the people that live on either side .
Irene Leyko , 204 E. Everettdale - I am against the request , adding an
enclosed front porch would really off set the block face .
Letha Eytcheson , 208 E . Everettdale - It would be a hazard for the
neighbors on both sides of her when they are backing out of their
driveways .
Spink made a motion to approve appeal #3010 . Second by Hilts .
Yeas : Hilts , Kane, Holmes , Spink, Christy , Wright , Clark
Nays : none
Appeal #3010 APPROVED.
The board found based on testimony and evidence that it is a reason-
able request that the proposed addition will be in harmony with de-
velopment in the neighborhood .
Kane made a motion to remove Appeal #3004 from the table . Second by
Spink. Motion passed unanimously.
No one announced an interest at this time of the meeting .
Holmes made a motion to table appeal #3004 . Second by Kane . There
was no representation , therefore the board tabled the appeal until the
next meeting .
Minutes
Holmes made a motion to approve the minutes of the September 14 , 1989
meeting . Second by Kane . Motion carried unanimously.
PAGE !I
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Minutes of the Regular Meeting
Board of Zoning Appeals
September 14 , 1989 - 7 :30 p .m.
City Hall , Council Chambers . 10th floor
The meeting was called to order by Chairperson Mary Clark at 7 :30 p .m.
Roll call was taken.
Present
Priscilla Holmes
Bernard Christy
Christopher Steele
Edward Spink
Patricia Curran
Tom Kane
Grant Hilts
Floyd Wright
Mary Clark
Staff
Vern Fountain , Zoning Administrator
Emil Winnicker , Senior Planner
Elizabeth Gunter , Recording Secretary
Appeal #2996 - 3101 South Cedar Street
This is a request by Denver C. Harless , Vice President and General
Manager of Jon' s Country Burgers restaurant to enlarge the existing
ground sign that is 5 ' from the front property line ( following the
Cedar Street widening project) for the property at 3101 South Cedar ,
Street . The code requires a 20 ft . setback.
A presentation was given by E. Winnicker. Slides were shown of the
subject property and surrounding land use .
The applicant wishes to add a changeable copy sign on top of the ex-
isting sign to advertise specials .
Denver Harless , Vice President and General Manager - We want to make
the existing ground sign larger by adding a changeable copy section to
advertise food service specials .
Holmes made a motion to approve appeal .#2296 . Second by Curran.
Yeas : Holmes , Curran, Spink, Hilts , Christy, Wright , Kane , Steele ,
Clark
Nays : none
Appeal #2996 APPROVED
The board found based on testimony and evidence that a practical dif-
ficulty is created with the expansion of South Cedar Street . The
board further found that the applicant will eliminate one of the ex-
isting signs on the property leaving only one advertising sign , which
the board believes will reduce the visual impact .
Appeal #2997 - 507 Fulton
This is a request by Mr . & Mrs . Ciprioni to receive a variance to
the rear yard set back requirement of the zoning code to allow for the
construction of a sunroom 9 ' x 9 ' in size 15 ' from the rear lot line
at 507 Fulton. The code requires a setback of 30 ' .
A presentation was given by E . Winnicker . Slides were shown of the
subject property and surrounding land use .
Bob Fletcher , R. & J Construction representing the Ciprioni' s . There
will not be a deck right now but probably in the future. It will not
be attached .
A letter from JoAnne Giddings , 1706 Osborn, objects to variance , back
yard is .crowded due to developments around the property.
Curran made a motion to- approve appeal #2997� Second by Kane .
Yeas : Spink, Holmes, Curran , Christy, Hilts , Wright , Steele , Kane ,
Clark
Nays : none
Appeal #2997 APPROVED.
The board believes that the shallow depth of the lot presents a hard-
ship when attempting to make any reasonable expansion to the existing
home . The Board does not believe the small addition will adversely
affect the adjacent property and therefore the minimal expansion is in
keeping with the general intent of the code .
Appeal #2998 - 1003 North Washington
This is a request by Kristin Cunningham for a waiver to permit a mas-
sage therapist office within 300 sq ft of residentially zoned land
located at 1003 North Washington .
A presentation was given by V . Fountain. Slides were shown of the
subject property and surrounding land use .
Mary Cunningham and Kristin Cunningham, 1003 N. Washington . We wish
to establish an - office which will utilize a State Board certified
massage therapist , as a theraputic technique to relieve stress . The
Stress Management Institute receives referrals from chiropractors ,
medical doctors , dentists and other health care personnel to assist in
the treatment of stress induced problems by the use of massage by
certified qualified persons . It will be by appointment only, no
walk-ins. It will be during normal working hours , between 8 and 5 .
A letter from Dr . Sandra Amundsen, 1035 N. Washington , no objection .
The board was satisfied based on testimony and evidence that there is
a practical difficulty due to the reconstruction and widening of Cedar
Street .
The board also found that redevelopment of the property will require
improved landscape , screening and buffering , which they believe will
improve the land use relationship between the proposed office devel=
opment and the adjacent residential uses.
Appeal #3002 - 2200 West Holmes Road
This is a request by MPD Petroleum to receive a variance that will
allow for the placement of a free standing sign on the southeast cor-
ner of the property located at .2200 West Holmes Road one foot from the
front property lines on Pleasant Grove and Holmes Road . The code re-
quires a 20 ' setback .
A presentation was given by E . Winnicker . Slides were shown of the
subject property and surrounding land use . .
Jim Bischoff, Fabricraft Inc . representing MPD Petroleum. They would
.like to place the sign where the existing poles are , it would be less
expensive .
Hilts - What would the height of the sign be?
Bishoff - 19 ' 3"
Hilts made a motion to deny appeal #3002 . Second by Kane .
Yeas : Holmes, Curran, Spink, Hilts, Christy, Wright , Kane , Steele,
Clark
Nays : none
Appeal #3002 DENIED
The board does not believe there is a hardship associated with this
request . The board believes that existing advertising on the building
allows reasonable identification , and if an additional sign is desir-
able there are on site locations that will meet minimum code require-
ments .
Appeal #3003 - 3315 East Michigan
This is a request by Healthcor Fitness Center for a waiver to permit ,
retention of a health club within 300 ' of residentially zoned land
upon the premises known as 3315 East Michigan .
A presentation was given by E. Winnicker . Slides were shown of the
subject property and surrounding land use .
Manager - We would - like to retain the existing health club which of-
fers coed facilities . The health club is located in the Frandor Plus
shopping center . It has been there since December 1985 . The activi-
ties are primarily for fitness and exercise .
pars �
Holmes made a motion to approve appeal #3003 , subject to 1 ) the ap-
proval is site, applicant and use specific ; 2) the applicant maintains
a valid current health club license ; 2) . the applicant continues to
meet the minimum parking code requirements for vehicular parking; 4 )
no adult entertainment activities are offered at this facility. Sec-
ond by Curran .
Yeas : Spink , Holmes, Curran, Christy, Hilts , Wright , Steele, Kane ,
Clark
Nays : none
Appeal #3003 APPROVED
The board found based on evidence and testimony that the existing fa-
cility is located in the ' F' Commercial District which is appropriate
for this type of use and that adequate parking exists on the site .
The board believes that the present coed facilities under the above
stated conditions do not appear to have any negative impacts upon
surrounding land use , circulation, environmental features or future
patterns of development .
MINUTES
Holmes made a motion to approve the August 10 , 1989 minutes . Second
by Curran. Motion carried unanimously.
There being no further business the meet ' g as adjourned at 9 :00 p .m.
Vern C. Fountain
Secretary
Board of Zoning Appeals
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Minutes of the Regular Meeting
Board of Zoning Appeals
November 9 , 1989 - 7 : 30 p .m.
City Hall , Council Chambers . 10th floor
The meeting was called to order by Chairperson Mary Clark at 7 :30 p .m .
Roll call was taken.
Present Excused Absence
Priscilla Holmes Tom Kane
Christopher Steele
Edward Spink Hilda Patricia Curran
Bernard Christy
Grant Hilts
Floyd Wright
Mary Clark
Staff
Vern Fountain , Zoning Administrator
Emil Winnicker , Senior Planner
Elizabeth Gunter , Recording Secretary
Holmes made a motion to remove appeal #3004 from the table. Second by
Hilts . Motion carried unanimously .
Appeal #3004 - 615 South Capitol
This is a request by Shinberg Insurance Agency to construct a 1314 " x
24 ' addition on the front of the building at 615 South Capitol Avenue .
A presentation was given by V . Fountain . Slides were shown of the
subject property and surrounding land use .
The property is zoned ' D-1 ' Professional Office District . The addi-
tion will be 8 ' from the front property line and 3 ' from the side
property line . Code requires a 20 ' front yard setback and a 10 ' min-
imum side yard setback.
Hilts - Is Capitol Avenue ever going to be widened?
Fountain - Not to my knowledge .
The appellant was not present .
Hilts made a motion to table appeal #3004 . Second by Spink . Motion
carried unanimously.
APPEAL #3004 TABLED.
PAGE 1
This request was tabled with the understanding that the applicant will
be submitting a revised site plan for the Board and staff to review at
their meeting of December 114 , 1989 .
Appeal #3011 - 1020 South Washington
This is a request by Pete Ellena of the Society of St Vincent DePaul
to construct a 40 x 64 foot rear addition to the existing building at
1020 South Washington Avenue were the first floor elevation will be
approximately two feet below the 100 year flood elevation.
A presentation was given by V . Fountain . Slides were shown of the
subject property and surrounding land use.
Holmes - What is the difference between "storage" and "warehouse"?
Fountain - Storage is normally found in conjunction with the principal
use . A warehouse is normally the principal use .
Pete Ellena, Director of the Society of St. Vincent DePaul . A couple
of reasons that we are asking for the variance are ; the storage has
become a real problem with incoming and outgoing merchandise. We
service many needy families daily and many of these families don' t
have the transportation on the spot to haul goods out , so currently we
have a three day hold . This enlargement of our building would enable
us to hold goods longer and bring in more merchandise to service the
needy in the community. Second reason, construction costs are in-
creased considerably when you put a building up on pillars . Thirdly,
we are having a problem in the community with the homeless, we dont' t
want to create an outdoor motel where people can be under the building
sleeping and using it for many different purposes .
Holmes - Is this going to be a one story or a two story building?
Ellena - It will be ground level and one above which is level with our
current store .
Holmes - Are you using the lower of your existing building for stor-
age?
Ellena - No , its only about 20 x 20 . Mechanical room for the boilers
the heat exchanges .
Spink made a motion to approve appeal #3011 subject to the following
conditions ,and the present usage of the building meets all building
code requirements .
1 . Approval of the Michigan Department of Natural Resources . 2 .
Elevation of all mechanical and electric services at or above the 100
year flood elevation . 3.. An evacuation plan be developed and re-
tained on file to be implemented should an actual flood occur .
Second by Steele .
Yeas : Spink , Holmes , Christy, Hilts , Wright , Steele , Clark
Nay : none
Appeal #3011 APPROVED.
PAGE 2
The board further places you on notice that : 1 . The issuance of a
variance to construct a structure below the base flood level will re-
sult in increase premium rates for flood insurance up to amounts as
high as twenty-five dollars for one hundred dollars of insurance cov-
erage . 2 . Such construction below the base flood level increases
risk to life and property. Such notification shall be maintained with
a record of all variance actions .
It was found that the required off-street parking is available ,
therefore the board believes that providing all conditions are met the
variance will allow expansion of an existing use without jeopardizing
the City of Lansing flood plain program.
Appeal #3012 - 540 Community
This is a request by Garry Ball to enlarge an existing 24 ' x 24 ' de-
tached garage to an overall size of 24 ' x 40 ' or 960 square feet on
the property known as 540 Community Street .
A presentation was given by V . Fountain. Slides were shown of the
subject property and surrounding land use .
The code limits the size of a private garage to a maximum size of 720
square feet for lots containing 5 ,000 or more square feet in size .
Garry Ball , I' m doing this for Donald Updike, who is here also . One
of the reasons he wants the larger garage is because he has a 4 wheel
drive vehicle , a large lawn mower that he maintains both lots with .
He does not have the room in his garage for a work area . He would
like the addition for a little work area and to store his equipment .
He could not build a storage building because of the sewer line so
that' s why he decided to put it off the back of the garage . The
neighbors have written in stating they have no objection to the
building .
Clark - Are these two separate lots?
Ball - Mr . Updike owns both lots and the drain runs down the middle
and the one lot is not usable .
A letter from Vickie Price , 541 Community Street has no objections to
the request .
A letter from Robert DiBlase , 531 E . Paulson , it is ok with me if
they add to this garage .
A letter from Beulah M. Davis and Bertha Webb , 545 E. Paulson, they
have no objection .
A letter from Elaine Johnson , 544 Community Street has no objections .
Spink made a motion that appeal #3012 be denied . Second by Holmes .
Yeas : Hilts , Wright , Holmes , Spink , Steele , Christy, Clark
Nays : none
Appeal #3013 DENIED .
PAGE 3
The board does not believe there is a hardship associated with this
request . The board was satisfied based on testimony and evidence that
the existing code requirements allowed reasonable use of the property ,
and there are alternatives for adding more storage space on the prop-
erty.
Appeal #3013 - 1201 Southfield
This is a request by Richard A . Harmon of 1201 Southfield Avenue to
keep a six foot high fence in an area of his yard , next to the adja-
cent properties driveway.
A presentation was given by V . Fountain . Slides were shown of the
subject property and surrounding land use .
The code prohibits fences which obstruct vision, to be over three feet
high within an area that is necessary to allow visibility when enter-
ing or exiting a driveway with a motor vehicle . The fence extends to
within one foot of the driveway at 6214 Barker Street and the
petitioners driveway on Barker Street .
Wright - What is the distance from the fence to the curb line .
Fountain - Approximately 10 feet .
Harmon - I measured it today and it is 11 112 feet .
Richard Harmon - I have a few letters here from the neighbors . The
fence is there for a purpose . I' m having problems with the kids in
the neighborhood throwing rocks at my dogs . I have a large lab that
has tried to jump the chain link and that' s only 4 feet . They pester
the dogs so they are barking all the time . Its there strictly for the
protection of my family and my animals .
A letter from Deanna Hasbany and Matthew Hasbany, 1213 Southfield ,
have no objection to the six foot fence.
A letter from Lois Reid , John F . Reid , I have been in both driveways
and I have had no trouble backing out of either driveway. Mrs . Paul ,
a widow lady likes having the large dog close to her klouse .
A letter from Helen J . Paul , 6214 Barker Street , I hereby give per-
mission to maintain a 6 ' privacy fence ( adjacent to my property) .
Spink made a motion to deny appeal #3013 . Second by Holmes .
Yeas : Holmes , Spink , Christy, Hilts , Wright , Steele , Clark
Nays : none
Appeal #3013 DENIED
The board does not believe there is a hardship .
The board found based on testimony and evidence that the fence as
constructed obstructs view from the public right-of-way on Barker
Street . The board believes that the existing situation creates a
safety problem, and denial of this request is in the best interest of
both the applicant and the community.
PAGE 4
Appeal #3014 - 203 North Clippert
This is a request by Dan Collard , representing the owner , for a vari-
ance to allow the erection of an on-premise, commercial free standing
sign ten feet from the front property line of the property at 203
North Clippert Street .
A presentation was given by V . Fountain . Slides were shown of the
subject property and surrounding land use .
The property is zoned ' F' Commercial District and code requires a
front yard setback of 20 feet .
Dan Collard - All the buildings on the street are at the 20 ' setback
with the exception of the bank, building and/or sign setback are
closer . There is no clear visibility for a sign that would be set
back 20 feet . We are trying to keep within reasonable visibility
given some of the competing structures including signs and buildings
on the street .
A letter from Henry J . Novakoski , 3220 S . Pennsylvania , objects to
any sign being placed within 10 ' to the front property line .
Spink made a motion to table appeal #3014 . Second by Holmes . Motion
carried unanimously.
This request was tabled to give the applicant an opportunity to submit
alternative locations that would be less objectionable from their
point of view.
Minutes
Holmes made a motion to approve the October 12 , 1989 minutes . Second
by Hilts . Hotion carried unanimously.
New Business
Revisions of the Zoning Code - Work Session .
The board requested that the Planning Division explain the proposed
zoning code amendments at one of the future meetings .
There being no further business the meeting adjourne t 8 :45 p .m.
Ve 'n Fountai
Secretary
Board of Zoning Appeals
PAGE 5
There being no further business the meeting adjourned at 8 :30 P •m-
;ern Fountain
ecretary
Board of Zoning Appeals
PAGE 5
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OFFICIAL PROCEEDINGS
of the
BUILDING BOARD OF APPEALS
January 17, 1989
A special meeting of the City of Lansing Building Board of Appeals
was held on Tuesday, January 17, 1989, at 2:00 p.m. in the Building
Safety Division, 119 North Washington Square, Lower Level , Lansing,
Michi.gan.
The meeting was called to order by Chairman Richard Stuckman at
2:03 a.m. with the roll call showing the following members present:
Richard Stuckman, Chairperson
Richard Jones , Vice Chairperson
Frank Throop, Member
Members Absent:
Randall Kamm, Member
Mark Harger, Member
Staff Present:
Jack Nelson, Chief Plan Review Analyst
Joseph Delaney, Chief Plumbing Inspector
Robert O'Brien, Fire Marshal
On a motion by Mr. Throop, supported by Mr. Stuckman, the minutes
of the December 13, 1988, meeting were approved subject to the
following corrections:
Page 3 - Item #3 - 4th line: Change 2h to 2 hours.
Page 3 - Item #4 - 5th line: Change pass to passed.
Page .3 - Item #4 - oth line: Change 10s to 10 Sections.
OLD BUSINESS: None
NEW BUSINESS:
Appeal #89-001: Ganton Retirement Center
An application for appeal has been filed by Lloyd G. Ganton seeking
relief from the enforcing officers decision to require that garbage
disposals . be installed in all kichenettes at the Edgewood Living
Center which is located at 200 W. Edgewood Blvd. , Lansing, Michigan.
Building Board of Appeals
Minutes
January 17, 1989
Page 2
Chairman Stuckman explained the Rules of Procedure to Mr. Ganton,
as established by the By-Laws.
Chairman Stuckman requested Mr. Ganton to explain his request to
the Board. The following is a snyopsis of Mr. Gantons presentation.
This type of facility does not involve significant meal prepara-
tion. The services to the Senior Citizens includes meals,
housekeeping and laundry service. Along with the housekeeping
services include daily trash pick-up at each apartment by a
hostess. With this type of service the need for a garbage
disposal is greatly reduced.
The Installation of disposals involves a serious maintenance
problem because the residents will not use them. The units
will "set-up" for lack of use.
This type of ",,facility and management policy is new to the
congregate care field. We have three other facilities and our
concept of independent living has become very successful .
After Mr. Ganton's presentation, the Board voiced reservations in
granting a variance to allow deletion of the disposal units, but
were aware that the circumstances surround this use are unique and
a variance could be issued when conditioned upon regulations which
would mitigate negative impacts.
Chairman Stuckman requested Chief Plumbing Inspector Delaney to
present his case. The following is a synopsis of Mr. Delaney's
presentation.
In October 1960 the City of Lansing adopted Ordinance No. 20
which required that garbage disposals be required in all
commercial and residential kitchens, when constructed or when
kitchens are remodeled. It appears that the Ordinance was
inadvertently omitted in the ordinance revisions in 1988,
consequently language specific to requiring garbage disposals
is not in the Codified set of Ordinances.
The Department is currently drafting language to require
disposal units per the previous ordinance. In the interim,
the Department is citing Section 321 of the Lansing Uniform
Plumbing Code as authority to require disposals.
Mr. Jones moved, and supported by Mr. Throop, that the variance be
granted subject to compliance with the following conditions:
1. Daily pick-up and housekeeping services shall be
provided.
2. The units shall be wired for disposals .
Building Board of Appeals
Minutes
January 17, 1989
Page 3
3. The concept of providing one meal a day must be
continued.
4. The basic precepts of managing the facility must
be maintained; e.g. serving meals, housekeeping,
trash pick-up. etc.
5. The approval is for this facility only and does
not extend to other congregate facilities.
Motion carried unanimously.
In support of this decision, the Board makes the following findings
of. fact:
1. The congregate care concept as purported by Mr.
Ganton, which includes the serving of one meal a
day, and the daily pick-up of trash and garbage
will not necessitate the need for garbage disposals
in each unit.
2. Existing code language raises the question of legal
necessity of disposals in all use groups.
3. Should management change its philosophy in regards
to trash pick-up and serving meals , the Board is
requiring that the units be wired for disposal
units. The wiring shall be in accordance with
N.E.C. requirements.
It was moved by Mr. Throop, seconded by Mr. Jones to adjourn the
meeting at 3: 10 p.m.
Respectfully submitted,
Qc'
k A. elson
Minutes approved on:
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LANSING CITY CLERK
OFFICIAL PROCEEDINGS
of the MAY li 3 a6PM`89
BY
BUILDING BOARD OF APPEALS �'�"'
May 9, 1989
The regular meeting of the City of Lansing, Building Board of Appeals
was held on Tuesday, May 9, 1989, at 2:00 p.m. in the Building
Safety Division, 119 N. Washington Square Annex, Lower Level , Lansing
Michigan.
The meeting was called to order by Chairman Richard Stuckman at
3:00 p.m. with the roll call showing the following members present:
Members Present:
Richard Stuckman, Chairman
Frank Throop, Member
Randall Kamm, Member
Members Absent:
Richard Jones
Staff Present:
Jack Nelson, Chief Plan Review Analyst
Robert O'Brien, Fire Marshal
On a motion by Mr. Throop, supported by Mr. Kamm, the minutes of
the January 17, 1989, special meeting were approved as printed.
OLD BUSINESS: None
NEW BUSINESS:
Appeal #89-003: Chirstman Company
An application for appeal was filed by Mr. Larry Macklin of the
Christman Company, 221 South Grand Avenue, Lansing, Michigan. The
appeal request was made to construct an 8' high fence conforming to
Section 4407(c) of the Uniform Building Code, 1985 Edition as a
means of pedestrian protection. The fence would be constructed
from the Northwest corner of the Black and Tan Bar, then East 88' ,
a distance of 6' from the bar. The fence would create an exitway
to Grand Avenue for the required exit from the bar.
Section 4407(a) of the Lansing Uniform Building Code requires a
fence and canopy since the subject area is within the sphere of
influence of the proposed grand tower.
Building Board of Appeals
Minutes
May 9, 1989
Page 2
Mr. Macklin presented his case stating that the operating hours of
the bar are 10:00 a.m. - 2:00 a .m. from the small bar located in
the front of the building, and 9:00 p.m. to 2:00 a.m. for the large
assembly area located in the rear of the bar. Mr. Macklin stated
that the occupants who would exit through the two North exits would
do so primarily during periods when no construction is in progress,
thus posing no danger of falling objects to pedestrians.
Further discussion on the topic substantiated that the northwest
exit door which opened on to the unprotected area was a required
exit for the smaller front bar which had a calculated occupant load
of 92.
After continued discussion, Mr. Kamm moved that a variance be granted
from Section 4407(c) of the Lansing Uniform Building Code. The
variance will allow the use of 8' high opaque fence for use as
pedestrian protection along the North side of the building except
the Northwest exit shall be protected from the exit discharge to
Grand Avenue a sufficient distance to discharge occupants outside
of the sphere of influence. Motion seconded by Mr. Throop. Motion
carried unanimously.
In support of this variance the Board makes the following findings
of fact:
The entire length of the exit need not have a canopy
since the second exit (the Northeast) exit will only be
utilized during non-working hours.
This variance is predicated upon compliance with the following condi-
tions:
1. The construction of the pedestrian protection shall
comply with Chapter 44 of the Uniform Building
Code.
2. The enclosed portion of the pedestrian protection
shall be lighted.
3. Should the hours of operation of the Black and Tan
change such that the Northeast exit is utilized
during construction hours , a protective canopy shall
be constructed immediately.
4. The applicant shall submit written confirmation of
the hours of operation of the Black and Tan.
Building Board of Appeals
Minutes
May 9, 1989
Page 3
Appeal #89-004
An application for appeal was filed by Daniel R. Johnson of Hobbs
and Black Associates, Inc. , 100 N. State Street, Ann Arbor, Michigan.
The appeal was filed on behalf of Gentilozzi Real Estate. The
nature of the request concerned how the separation between the
exterior wall of the proposed Grand Tower and the property line
would be measured. Section 1803(b) of the Building Code requires
that the separation distance be measured from the exterior wall of
a building to the adjacent properlty line or center line of a
public way. The Grand Tower is apparently being constructed on a
parcel of property which was purchased from the City of Lansing and
has an irrevocable life-time lease for public access through the
property. Consequently, a question has risen as to whether the
distance for protection of openings on the North and South wall
should be measured to the property line, or the center of the
easement.
After considerable discussion, Mr. Throop moved that action on the
case be tabled until the next Board meeting in order to provide
time for the consummation of the written agreements between the
concerned parties. Upon completion of the following items the
appeal will be granted.
Second, that the Board of Appeals recommend that language be drafted
as a part of the agreement between the parties which would define
the public access easement as not adversely effecting the construc-
tion of the Grand Tower Building; that is to say for purposes of
construction the City would not treat the easement as a public way.
Third, that Gentilozzi Real Estate grant an easement to the Black
and Tan Restaurant/Bar, which is located directly South of the
proposed Grand Tower, to allow ingress/egress across the property
line.
Fourth, that in the future, buildings which are constructed on
parcels adjoining the site to the North and South shall comply with
Building Code Requirements for set-back from the property line and
shall not be allowed to utilize the easement as a credit for
compliance with Building Code requirements.
Motion seconded by Mr. Kamm, motion carried unanimously.
In support of this decision the Board make the following findings
of fact:
A public way is normally located outside of a public
property. In this case the easement is located inside
Building Board of Appeals
Minutes
May 9, 1989
Page 4
the applicants property. Consequently, it is the Boards
holding that the distance for protection of openings
shall be measured from the building fact to the property
line and not to the center of easement.
If the conditions which are recommended by the Board
are integrated into the agreement, it will ensure that
building set-backs in accordance with the Uniform
Building Code will be maintained.
Upon satisfactory completion of the conditions of the
recommended agreement, the Building Board of Appeals
will formally grant the appeal .
It was moved by Mr. Kamm, seconded by Mr. Throop to adjourn.
Motion carried.
Meeting adjourned at 5: 12 p.m.
Respectfully submitted,
ack A. Nelson
ecretary
Minutes Approved On:
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CONSTRUCTION SERVICES
Main Office: 408 Kalamazoo Plaza,Lansing,MI 48933-1990 Phone: 517/462-1488
P.O.Box 14120,Lansing,MI 48901-4120
'r V Flint Office: G-3512 W.Bristol Road,Flint,MI 48507-3177 Phone: 313/234-6633 Mow
P.O.Box 248,Flint,MI 48501-0248
May 16, 1989
Mr. Jack Nelson
City of Lansing
119 North Washington Square
Lansing, Michigan 48933
Dear Jack:
The enclosed signed letter serves as an agreement made by Jocelyn Starr that
the northeast door to the Black and Tan will not be used durin!' construction.
This is as requested by the Appeals Board.
If there are any other problems or conditions to this, please let me knot
immediately. Thank you for your liel.p.
Sincerely,
THE CHRISTMAN COMPANY
Lawrence W. Macklin
Project Superintendent
LWM/11
cc: Mark Sands—The Christman Company
Pete Holz, Dan Johnson. . .Hobbs + Black
Enclosure
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OFFICIAL PROCEEDINGS
of the
BUILDING BOARD OF APPEALS
November 14, 1989
The regular meeting of the City of Lansing, Building Board of Appeals
was held on Tuesday, November 14, 1989, at 2:00 p.m. in the Building
Safety Division, 119 N. Washington Square Annex, Lower Level ,
Lansing, Michigan.
The meeting was called to order by Vice-Chairman Richard Jones at
2:00 p.m. with the roll call showing the following members present:
Members Present:
Frank Throop
Richard Jones
Randall Kamm
Joe Wilcox
Members Absent
Richard Stuckman
Staff Present:
Jack Nelson, Recording Secretary
Robert O'Brien, Fire Marshal
Others Present:
Russ Hinkle of Stein, Hinkle, Dawe, Wood and Johnson
Jim Abuchon, of same
On a motion by Mr. Throop, supported by Mr. Kamm, that the minutes
of May 9, 1989, Building Board of Appeals be approved. Motion
carried.
OLD BUSINESS: Appeal 89-004 not acted on.
NEW BUSINESS:
Appeal #89-005 Main Street Day Care
An application for appeal was filed by Mr. Russell Hinkle of the
architectural firm of Stein, Hinkle, Dawe, Wood and Johnson on
behalf of the Main Street Day Care Center.
Building Board of Appeals Minutes
11/14/89
Page 2
The Appeal , if granted, would authorize the use of the second floor
of the facility for day care use. Section 802(2) (C) of the Building
Code requires the entire building to be sprinkled if day care use
is above the first floor. The applicant states that the second
floor will be sprinkled and a smoke detection system will be installed
on the first floor.
Acting Chairman Jones requested Mr. Hinkle to present his case.
Mr. Hinkle presented the following findings in support of the appeal :
If only the first floor is used for day care use, the first floor
does not need to be sprinkled. The second floor used for educational
purposes, third grade and above, need not sprinkle the entire build-
ing. Because the building is classified as a day care facility,
any use of the second floor would require automatic sprinklers.
The second floor has three separate one-hour fire enclosed stairs
which lead directly to exterior. The code requirement is exceeded
by one additional exit stair enclosure.
The buildings first floor area is 18,192 sq. ft. and the second
floor area is 8,399 sq. ft. Building occupancy E Type V-N would
allow maximum area of 18,200 sq. ft. with 100% increase for open
area without automatic sprinkler. The actual building construction
is a Type II-N which would allow a maximum floor area of 27,000 sq.
ft. The Building is constructed of thick masonry walls, poured
concrete floors, and steel joist roof supports with poured concrete
roof deck. This construction far exceeds what is required by the
code.
The first floor and second floor are separated by a poured concrete
floor which would afford a two-hour separation. There are some old
air shafts between floors which have been closed off behind old
recessed locker areas; air duct openings have fire dampers. Existing
classroom storage cabinets are being separated by one-hour enclosures
to air shafts. The air shaft enclosure is a minimum of one-hour
separation. Possibly there is a two-hour separation but the actual
construction is not known until the classroom storage units are
removed during the second floor remodeling.
The first floor was remodeled approximately two years ago. This
floor is occupied five days a week from 7:00 a.m. to 6:00 p.m. , 52
weeks a year. Installation of automatic sprinklers would be very
disruptive to the day care program and very time consuming. As an
alternative to installing automatic sprinklers on the first floor,
it is proposed to install a smoke detection system throughout the
Building Board of Appeals Minutes
11/14/89
Page 3
first floor. This system would be connected to the existing fire
alarm panel which is monitored by the local fire department.
Robert O'Brien, City of Lansing, Fire Marshal presented his position:
Mr. O'Brien indicated that without fire suppression on the first
floor conflagration could adversely impact the exiting system. It
is true that smoke detection would alert the tenants of a fire,
however, its containment would not be reached until fire service
personnel were on the site. A fire suppression system on the other
hand would control the fire until the fire department could react.
In this case it would be more advantageous to have suppression on
the first floor, and smoke detection on the second floor.
Board Member Frank Throop presented his position:
Mr. Throop stated that smoke detection and a higher construction
classification does not equate with a sprinkler system in his opinion.
There was general discussion concerning the case.
Chairman Jones asked if there was any further questions. Hearing
none, Mr. Throop moved that Appeal #89-005 be denied, motion seconded
by Mr. Kamm. Motion carried 3 yea, 0 nay.
Resolution of Denial :
The City of Lansing Building Board of Appeals does hereby resolve
to deny Appeal #89-005. This denial is based upon the following
findings of fact:
1. Smoke detection and/or an increase in Construction Type, in
the Boards opinion, does not equate to a fire suppression
system.
2. The Appeal was precipitated, in part, by the feeling that the
installation of the suppression system on the first floor would
disrupt day care activities. It is the Boards opinion that
sprinkler installation could be accomplished in a manner which
would not disrupt the day care activities through temporary
rearrangement of classes and installation during non-occupancy
hours.
3. The benefits denied from the fire suppression out-weigh any
short term economic difficulties.
4. The applicant has not shown where strict application of the
code would cause practical difficulties.
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Building Board of Appeals Minutes
11/14/89
Page 4
5. The request substantially deviates from the performance required
by the Building Code, since smoke detection is not deemed as a
trade-off for fire suppression.
OTHER BUSINESS:
Mr. Nelson apprised the Board that a December meeting has been
scheduled for Tuesday, December 12, 1989, at 2:00 p.m. in the
Conference Room in the Building Safety Division.
It was moved by Mr. Kamm, seconded by Mr. Throop to adjourn the
meeting. Motion carried.
Meeting adjourned at 2:45 p.m.
Respectfully submitted,
Yk A. Nelson
rding Secretary
Minutes Approved On:
OFFICIAL PROCEEDINGS
of the
BUILDING BOARD OF APPEALS
December 12, 1989
The regular meeting of the City of Lansing, Building Board of Appeals
was held on Tuesday, December 12, 1989, at 2:00 p.m. at Impression
5 Science Museum, 200 Museum Drive, Lansing, Michigan.
The meeting was called to order by Chairman Richard Stuckman with
the roll call showing the following members present:
Members Present:
Richard Stuckman
Richard Jones
Joe Wilcox
Members Absent
Randall Kamm
Frank Throop
Staff Present:
James W. Kzeski , Director
Robert O'Brien, Fire Marshal
Others Present:
Kenneth Gruber
On a motion by Mr. Jones, supported by Mr. Wilcox, the minutes of
November 14, 1989, were approved. Motion carried.
OLD BUSINESS: Appeal 89-004 not acted on.
NEW BUSINESS:
Appeal #89-006 Impression 5 Science Museum
An application for appeal was filed by Mr. R. Kenneth Gruber,
Director, Impression 5 Science Museum. The Appeal requested that a
portion of the first floor be designated as an R-1 occupancy as
Building Board of Appeals
December 12, 1989
Page 2
defined by ,Chapter 12 of the 1988 U.B.C. , for the purpose of sleeping
approximately 75 children between the age of 8 and 13 years at the
Impressions 5 Science Museum. See attached letter dated November
8, 1989.
The entire museum is contained within a two story structure with
exterior masonry walls and heavy timber roof and floor construc-
tion. The principal use of this building is classified as A-2.1.
The Board completed a walk-through of the facilities to include the
first floor.
The proposed first floor sleeping area has two direct exits to the
outside, operational sprinklers and a smoke detection system. The
walls and ceilings are constructed of materials affording at least
one-hour fire resistive construction. Mr. Gruber stated that all
interior partitions within the sleeping area were to be removed to
provide unobstructed vision to the two exterior exits.
Mr. Jones moved to classify this space as an . R-1 occupancy as
defined by the 1988 Edition of the U.B.C. Mr. Jones further moved
that the appeal be granted providing the following conditions were
complied with:
1. Smoke detection system up-graded as required by the Fire
Marshal .
2. No combustibles to be located in lower office area.
3. Bathroom on lower level shall be put back in service.
4. Campers are fully instructed on exit location and other safety
precautions as maybe required by the Fire Marshal .
5. Inspection by the Fire Marshal to be completed on six month
intervals.
6. East exit to be provided with vehicle barricades to prevent
obstruction of exit door.
7. Adult supervision provided by Impression 5 Science Museum staff
to be present and awake at all times.
There was discussion concerning the R-1 occupancy designation as
defined by the code. It was determined that R-1 did, in fact, most
closely reflect the use of the proposed sleeping area. The motion
was supported by Joe Wilcox. Motion carried unanimously.
Meeting adjourned at 3:30 p.m.
j pectfully submitted,
ames W. zeski
Secretary
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