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HomeMy WebLinkAbout2007 Planning Baord Oct-Dec Minutes FINAL Approved as written 1-8-08 Draft to Clerk December 12,2007 Approved January 8,2008 To Clerk January 10, 2008 Minutes of the Regular Meeting ' LANSING PLANNING BOARD 7:00 p.m., Tenth Floor, Council Chambers Lansing City Hall C�; Tuesday, December 4, 2007 1. OPENING SESSION J The meeting was called to order at 7:10 p.m. by Mr. Frederick, Chair. A. Roll call: Present: Frederick, Cordill, Williams. B. Staff Attending: Stachowiak. C. Excused absences: Bruch. D. Absent: Ruge. Ms. Cordill made a motion, seconded by Mr. Williams to approve an excused absence request from Dr. Bruch for tonight's meeting. On a voice vote, the motion carried unanimously (3-0). 2. APPROVAL OF AGENDA Ms. Stachowiak added the Amendments to the Planning and Zoning Code regarding a minimum lot width for duplexes in the "C" Residential District under the Public Hearings section. Mr. Williams made a motion, seconded by Ms. Cordill to approve the agenda as amended. On a voice vote, the motion carried unanimously (3-0). 3. COMMUNICATIONS — None. 4. HEARINGS A. Z-14-2007, Vacant Lot West of 517 Baker Street, "F" Commercial District to "C" Residential District This is a request by the Greater Lansing Housing Coalition to rezone the property west of 517 Baker Street, more specifically described as: East 2 Rods of Lots 10 & 11, Rollin H. Person Addition, City of Lansing, Ingham County, MI from "F" Commercial District to "C" Residential District. The purpose of the rezoning is to combine the vacant property with the adjoining lot at 517 Baker Street and utilize the entire parcel for one single family residential house. PLANNING BOARD MINUTES December 4, 2007 Page 2 Ms. Stachowiak gave a brief overview. Seeing no one wishing to speak, Mr. Frederick closed the public hearing for Z-14-2007, Vacant Lot West of 517 Baker Street, "F" Commercial District to "C" Residential District. B. Amendments to the Planning and Zoning Code — Duplex Amendment This is a request to consider an amendment to Chapter 1250, Section 1250.06 of the Planning and Zoning Code, being Part 12 of the Lansing Code of Ordinances. The proposed amendment to the Planning and Zoning Code would amend Chapter 1250, Section 1250.06, to include a minimum lot width requirement of fifty (50) feet for establishing a duplex on property in the "C" Residential zoning district. Ms. Stachowiak gave a brief overview. She stated that she received a petition of support for this amendment that was signed by several neighborhood presidents and other neighborhood leaders in the City. Mr. Frederick asked how the Planning Office arrived at the 50 foot width. Ms. Stachowiak stated that she just put down 50 feet and it can certainly be reviewed. There are a lot of lots in the area that are 33 feet wide. Mr. Frederick inquired about the required width for a residential lot in the City. Ms. Stachowiak stated that if someone was creating a new lot, it would have to be 60 feet wide. Mr. Frederick stated that if the intent is to gain control over duplexes and rather than appear arbitrary on the width of the lot by choosing 50 feet, he believes there would be more justification in saying the lot width should be the same as the requirements for any other new lot. To him, building a new duplex would be the same thing as converting a house to a duplex. All of the single family houses that are currently in Lansing that are on lots that are less than 60 feet wide are essentially nonconforming. Ms. Stachowiak stated that were all grandfathered in. She did not want to be overly restrictive where this is concerned and maybe take away somebody's property rights. Mr. Frederick stated that he would definitely support it if it were changed to 60 feet rather than 50 feet wide. Ms. Cheryl Valleau, resident of 226 S. Eighth Street, stated that a long time ago they wrote the Green Oaks plan and one of their biggest goals was to reduce density. They have lost eight units based on the fact that they could go into these very narrow lots and make multiple units. They are hoping that this will stop that and that they will revert to one unit. They 1 do have a lot more owner occupied units than they did 15 to 16 years ago. This is another step in the right direction and she really encouraged the Board to approve the change. This will make the neighborhoods a better PLANNING BOARD MINUTES December 4, 2007 Page 3 place. Everyone she has talked to from the downtown neighborhood areas was very enthusiastic because they are all in the same boat with these narrow lots. Ms. Nancy Parsons-Mahlow, resident of 430 N. Fairview and President of the Eastside Neighborhood Organization, stated that she is in agreement with this change and that what is being proposed keeps everything together. The density needs to be cut down within the neighborhoods. They are trying to promote more owner occupied units and bring in more families for the schools. She hopes that the Board will support this change. Ms. Cordill asked if there would be a Zoning and Ordinance Committee meeting before the next Planning Board meeting in January. Ms. Stachowiak stated maybe there can be 6:30 p.m. Committee meeting on that day if needed. Otherwise, it can be referred to the Committee of the Whole. Seeing no one else wishing to speak, Mr. Frederick closed the public hearing for the Amendments to the Planning and Zoning Code — Duplex Amendment and referred it to the Committee of the Whole for discussion at the January 8, 2008 meeting. 5. COMMENTS FROM THE AUDIENCE (3 minutes each) Seeing no one wishing to address the Board, Mr. Frederick closed the public comment period. 6. RECESS was not taken by the Board. 7. BUSINESS SESSION A. Consent Items 1. Minutes for Approval: November 20, 2007 The minutes of November 20, 2007 were APPROVED. 2. Z-14-2007, Vacant Lot East of 517 Baker Street, "F" Commercial District to "C" Residential District This is a request by the Greater Lansing Housing Coalition to rezone the property east of 517 Baker Street, more specifically described as: PLANNING BOARD MINUTES December 4, 2007 Page 4 East 2 Rods of Lots 10 & 11, Rollin H. Person Addition, City of Lansing, Ingham County, MI from "F" Commercial District to "C" Residential District. The purpose of the rezoning is to combine the vacant property with the adjoining lot at 517 Baker Street and utilize the entire parcel for one single family residential house. Ms. Cordill asked if someone could assemble enough "C" Residential lots in the Baker-Donora neighborhood to build duplexes instead of single family homes. Ms. Stachowiak stated that someone could do it but that area currently is almost entirely zoned "C" residential. The Planning Office is trying to keep the zoning consistent. Otherwise, it is spot zoned. Ms. Stachowiak stated that it would be very tough because there are houses on all sides of this lot. She does not think that there would be any risk of that happening. Ms. Cordill stated that she is in favor of having the down zoning to a residential district as opposed to the commercial district. She was concerned with someone assembling lots because of the new proposed legislation and we do not know the outcome of the minimum lot width for duplexes. Mr. Frederick asked about the process for assembling lots. Ms. Stachowiak stated that in this case there needs to be 2 to 3 lots combined into one lot in order to accommodate a duplex. This means they would have to demolish a house just so they can put another unit in one. Mr. Frederick asked about the process for making more than one lot into one parcel. Ms. Stachowiak stated that if they are vacant, it is just a matter of filling out a form at the City Assessor's Office. To combine lots is a very simple process but they have to be vacant. There can only be one structure on the parcel. There is no fee. Ms. Stachowiak stated that there are established homes on all sides of this property. The Greater Lansing Housing Coalition's goal is owner occupied residential. There is a 15 year covenant on the land that it has to be kept owner occupied. Ms. Stachowiak stated that the properties have to be under the exact same ownership with the exact same mailing address in order for them to be combined. The zoning would not matter. APPROVED w/o objection. PLANNING BOARD MINUTES December 4, 2007 Page 5 B. Committee Reports 1. Zoning and Ordinance Committee, Mr. Frederick Next meeting, Wednesday, January 16, 2008, at 4:00 p.m. 316 N. Capitol Ave., Department Conference Room. 2. URBAN DEVELOPMENT COMMITTEE, Ms. Cordill, Chair Next meeting, Tuesday, January 29, 2008, at 4:00 p.m. 316 N. Capitol Ave., Department Conference Room. Mr. Williams made a motion, seconded by Ms. Cordill to dissolve into the Committee of the Whole. On a voice vote, the motion carried unanimously (3-0). 3a. COMMITTEE OF THE WHOLE a. ACT-18-2007, 300 N. Larch Street, Easement for a Storm Sewer This is a request by Site Services Inc. on behalf of Robert Underwood of Business Machine Corporation at 300 N. Larch Street. As part of a parking lot paving project, the applicant is requesting a 20 foot wide easement from the City of Lansing to construct a storm sewer necessary for drainage and to provide an outlet for separating the storm sewer in accordance with the city's combined sewer overflow project. The easement would extend across the city parking lot at the southwest corner of Shiawassee Street and Pere Marquette Drive and into the Pere Marquette right-of-way. Public Act 285 , Section 125.36 of Act 285, PA 1931, as amended, requires an evaluation of the character, location and extent of the proposal involving the private use of public land. Ms. Stachowiak gave a brief overview. Mr. Frederick stated that he read an article in the New York Times regarding repaving of the alleys. Whenever any of the alleys need repaving, instead of using regular pavement, they are using either permeable concrete or permeable asphalt. They are built on a special base that allows the storm water that collects in these alleys to drain down and join up with the ground water having filtered through this sub base underneath. Then it goes down through the ground and into the groundwater. He referred staff to the article. PLANNING BOARD MINUTES December 4, 2007 Page 6 Ms. Cordill stated that the permeable surface may be real suitable for Lansing because there is a lot of clay under the top soil. Mr. Frederick made a motion, seconded by Ms. Cordill to recommend approval of ACT-18-2007, 300 N. Larch Street, Easement for a Storm Sewer. On a voice vote, the motion carried unanimously (3-0). b. Amendments to the Home Occupation Section of the Planning and Zoning Code The proposed amendment to Chapter 1248, Section 1248.03(e) of the Planning and Zoning Code, being Part 12 of the Lansing Code of Ordinances, would prohibit any activity related to a "Home Occupation" that adversely impacts the surrounding neighborhood or the right of surrounding residents to the quiet enjoyment of their property. Mr. Frederick made a motion, seconded by Ms. Cordill to remove from the table the Amendments to the Home Occupation Section of the Planning and Zoning Code. On a voice vote, the motion carried unanimously (3-0). Ms. Stachowiak provided the Board with an update regarding whether or not 5 pick ups and deliveries was an appropriate number. The City Attorney's Office came up with this number and the Board's recommendation on it is important. Ms. Stachowiak stated that when the City Attorney's Office talked trips, they were looking at it differently than what the staff considers a trip. In Transportation language, a trip is one way and you cannot have 5 trips. It would have to be an even number. When the City Attorney's Office was talking about 5 trips, it was 5 trips there and back. It is the terminology that they use. What needs to happen is define a trip as one way and then it needs to be changed to 10. This would allow five customers a round trip every single day since that was the intent anyway. Ms. Stachowiak stated that five trips are more than generous every day and she would not personally support anything more than that. People who have home occupations need to respect their neighbors and if they want to do business, then do it in a business district. PLANNING BOARD MINUTES December 4, 2007 Page 7 Ms. Cordill asked if it matters as to the means that someone arrives and could they be walking or is it assumed that they are driving. Ms. Stachowiak stated that it is assumed that the people would be driving and it could be stated as vehicular trips. Mr. Williams is concerned about the art or music instruction in the home. He cannot support this without some sort of nod to those folks and he does not know the best way to approach it. Mr. Frederick stated that considering the ingenuity of residents, more people could come to something if they were dropped off a distance away and walk the final distance. It probably would not happen but you never know. The thing that bothers him the most is that picking 5 was done arbitrarily and not based on any experience. Ms. Stachowiak stated that if she would have done it, she would have chosen only three. Mr. Frederick asked if there was a way to come up with some language that would cover the arts and still remain at 5. Mr. Williams stated that there are two ways to do it: 1) Add language that states that this subsection is in no way intended to be interpreted to inhibit the instruction of the arts, or 2) Have pick ups and deliveries not include transportation of human beings. Mr. Frederick and Ms. Stachowiak stated that is too broad. Mr. Williams stated that he would be in favor of exempting fine arts and musical instruction. Mr. Frederick made a motion, seconded by Ms. Cordill to recommend approval of Amendments to the Home Occupation Section of the Planning and Zoning Code as amended, excluding the instruction of fine arts from the 5 trip limitation. On a voice vote, the motion carried unanimously (3-0). Mr. Frederick made a motion, seconded by Ms. Cordill to arise from Committee of the Whole. On a voice vote, the motion carried unanimously (3-0). 3b. COMMITTEE OF THE WHOLE a. ACT-18-2007, 300 N. Larch Street, Easement for a Storm Sewer i This is a request by Site Services Inc. on behalf of Robert Underwood of Business Machine Corporation at 300 N. Larch Street. As part of a parking lot paving project, the applicant is requesting a 20 foot wide easement from the City of Lansing to construct a storm sewer necessary for drainage and to provide an outlet for separating the storm sewer in accordance PLANNING BOARD MINUTES December 4, 2007 Page 8 with the city's combined sewer overflow project. The easement would extend across the city parking lot at the southwest corner of Shiawassee Street and Pere Marquette Drive and into the Pere Marquette right-of-way. Public Act 285, Section 125.36 of Act 285, PA 1931, as amended, requires an evaluation of the character, location and extent of the proposal involving the private use of public land. Mr. Williams made a motion, seconded by Ms. Cordill, to recommend approval of ACT-18-2007, 300 N. Larch Street, Easement for a Storm Sewer. Frederick Aye Cordill. Aye Williams . . . . . . . . . . . . . . . . . . . . . Aye . . . . . . . . . . . . . . . . . . . On a roll call vote, there were: Ayes: 3; Nays: 0; carried; unanimous. Approved. b. Amendments to the Home Occupation Section of the Planning and Zoning Code The proposed amendment to Chapter 1248, Section 1248.03(e) of the Planning and Zoning Code, being Part 12 of the Lansing Code of Ordinances, would prohibit any activity related to a "Home Occupation" that adversely impacts the surrounding neighborhood or the right of surrounding residents to the quiet enjoyment of their property. Mr. Willams made a motion, seconded by Ms. Cordill, to recommend approval of Amendments to the Home Occupation Section of the Planning and Zoning Code, excluding the fine arts instruction from the 5 trip limitation. Frederick . . . . . . . . . . . . . . . . . . . . Aye Cordill. . . Aye Williams . . Aye . . . . . . . . . . . . . . . . . . . On a roll call vote, there were: Ayes: 3; Nays: 0; carried; unanimous. Approved. 4. EXECUTIVE COMMITTEE C. Old Business — None. PLANNING BOARD MINUTES December 4, 2007 Page 9 D. Report from Planning Manager Ms. Stachowiak stated that there are three new Board members who will be sworn in before the January 8th meeting and that will bring them to a full Board. Ms. Stachowiak stated that Laurie Stocker will be contacting each of them to get their garage passes. Ms. Stachowiak asked Mr. Williams if he will be attending the dinner. He cannot attend because he will be out of town. Ms. Cordill stated that she can not attend the dinner either. E. Pending Items: Future action required 1. Zoning and Ordinance Committee 2. Urban Development Committee a. Master Plan Project 3. Committee of the Whole 4. Planning Board 8. NEW BUSINESS — None. 9. COMMENTS FROM CHAIRPERSON — None. 10. COMMENTS FROM BOARD MEMBERS — None. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS — None. a. Dollar Store-Willow Street&MLK Blvd.-landscaping & buffering (May 20, 2003) b. 2714 W.Jolly Road-church with large statue in front yard (January 20, 2004) c. W.Willow Street-Grace Tabernacle Church-no landscaping (May 4, 2004) d. Michigan Ave& Shepard Street-sign business-several banner signs nailed to the outside of building (May 4, 2004) e. 2702 S. Cedar Street-no landscaping (May 18, 2004) f. 2410 S. Pennsylvania Ave.- no landscaping (November 3, 2004) g. 2200 W. Holmes Road- Bad Habits-excessive signs(May 3, 2005) h. 2618 Cavanaugh Road. -registered rental &front yard paved, used for parking (October 4,2005) i. Keeps Party Store-Aurelius Road-illegal signs(July 5, 2006, July 18, 2006& September 5, 2006) j. Clarion Hotel—two big signs advertising Great Lakes Condominiums(December 5, 2006) k. The Firm—review requirements for fenced outdoor patio(December 5, 2006) I. 928 Pacific Ave.—6 foot fence in front yard on a corner lot(February 6, 2007) m. 4311 S. Cedar Str.—barber shop in a residential neighborhood&illegal signs (April 3, 2007) n. 1409 Eureka Str.—large hole in roof of the porch (July 17, 2007) With Item b, Ms. Stachowiak stated that the church has completely vacated the property and the statue has been removed. With item d, she stated that there is one banner still up on the side of the property and technically they are not out of violation right now and are allowed to have it PLANNING BOARD MINUTES December 4, 2007 Page 10 there for 20 days. She will call the owner and ask him to remove it. For the most part, the owner is in compliance. With item I, she checked the property today and stated that the Code Compliance Office must have handled the violation. There is currently no violation. With item n, she stated that the hole in the roof has been repaired. With item i, when she drove by there today, Keeps Party Store had no temporary signs anywhere on the site. As of today, they are in compliance. This has been a reoccurring problem and staff will keep an eye on the property. Ms. Cordill asked about 2819 Lasalle Gardens regarding front yard parking. There are four cars at a given time and they are parking in the grass next to the house. Ms. Stachowiak stated that she took the phone message and emailed it to the Code Compliance officer for that area. She will follow up with the Code Compliance officer. 12. ADJOURNMENT - Meeting was adjourned at 7:55 p.m. Respectfully submitted, William C. Rieske, Secretary, Planning Board PBMinutes.120407.doc i I Approved as written 12-4-07 Draft to Clerk November 28, 2007 Approved December 4, 2007 To Clerk December 5, 2007 Minutes of the Regular Meeting LANSING PLANNING BOARD 7:00 p.m., Tenth Floor, Council Chambers Lansing City Hall Tuesday, November 20, 2007 - rat 1. OPENING SESSION c.� C,- l The meeting was called to order at 7A 0 p.m. by Mr. Frederick, Acting CIJaJr. A. Roll call: Present: Frederick, Ruge, Bruch, Williams. B. Staff Attending: Stachowiak. C. Excused absences: Cordill. D. Absent: None. Mr. Williams made a motion, seconded by Mr. Ruge to approve an excused absence request from Ms. Cordill for tonight's meeting. On a voice vote, the motion carried unanimously (4-0). 2. APPROVAL OF AGENDA Ms. Stachowiak added the NEZ for the Kalamazoo Gateway development under the Committee of the Whole. Mr. Williams made a motion, seconded by Dr. Bruch to approve the agenda as amended. On a voice vote, the motion carried unanimously (4-0). 3. COMMUNICATIONS — None. 4. HEARINGS A. Z-11-2007, 1441 Lyons Avenue & 809 Baker Street, "F" Commercial District to "A" Residential District This is a request by Cynthia Pattison and the Greater Lansing Housing Coalition to rezone the properties at 1441 Lyons Avenue and 809 Baker Street, more specifically described as: p LOTS 9 & 11 BLOCK 2, ASSESSORS PLAT NO 20, CITY OF LANSING, INGHAM COUNTY, MI from "F" Commercial District to "A" Residential District. The purpose of the rezoning is to bring the single family dwellings at these locations into compliance with the Zoning Ordinance. PLANNING BOARD MINUTES November 20, 2007 Page 2 Ms. Stachowiak gave a brief overview. Dr. Bruch asked if it was possible to rezone all the properties that are currently zoned "F" Commercial District. Ms. Stachowiak stated that the City is trying to do that not only for this area but for an area on East Grand River as well. The property owners have to agree to it. There is not a neighborhood organization in this area. She stated that the City will try to get a group together and maybe Greater Lansing Housing Coalition would take the lead to go out and have the owners sign on to a rezoning application. The City would certainly support it. Seeing no one wishing to speak, Mr. Frederick closed the public hearing for Z-11-2007, 1441 Lyons Avenue & 809 Baker Street, "F" Commercial District to "A" Residential District. B. Z-12-2007 & ACT-17-2007, 500 Block E. Kalamazoo Street, "H" Light Industrial District to "G-1" Business District, Sale of Property This is a request by The Lenawee Company to rezone the property on the north side of the 500 block of E. Kalamazoo St., more specifically described as: S 2 RODS OF N 8 RODS OF W 112 LOT 4 BLOCK 241 ORIGINAL PLAT LOT 8 JOHNS SUBDIVISION, ALSO S 41.25 FT OF W 112 LOT 4, W 112 LOTS 5 & 6, AND S 57.75 FT OF N 132 FT OF E 112 LOT 5 EXCEPT E 114.5 FT BLOCK 241, ORIGINAL PLAT AND S 112 R OF E 112 LOT 5 & N 1.5 R OF E 112 LOT 6, BLOCK 241 ORIG PLAT, ALSO LOTS 1 THRU 7 INCL, JOHNS SUB REC L 1 P 51, CITY OF LANSING, INGHAM COUNTY, MI from "H" Light Industrial District to "G-1" Business District. The purpose of the rezoning is to permit a mixed use development (retail, office, residential) at this location. Ms. Stachowiak gave a brief overview. Seeing no one wishing to speak, Mr. Frederick closed the public hearing for the Z-12-2007 & ACT-17-2007, 500 Block E. Kalamazoo Street, "H" Light Industrial District to "G-1" Business District, Sale of Property and referred it to the Committee of the Whole for this evening. C. Z-13-2007, 509 Jason Court, "F" Commercial District to "A" Residential District I This is a request by Jeff Deehan to rezone the property at 509 Jason Court, more specifically described as: PLANNING BOARD MINUTES November 20, 2007 Page 3 COM 60 FT W OF NE COR LOT 6, TH W TO PT 75 FT SE'LY MEAS D AT RT ANGS TO CL US 127, S 11 DEG 47MIN W 61.35 FT, E TO PT 60 FT W OF E LINE LOT 7, N TO BEG; ROLLIN H PERSON ADD, CITY OF LANSING, INGHAM COUNTY, MI from "F" Commercial District to "A" Residential District. The purpose of the rezoning is to bring the single family dwelling at this location into compliance with the Zoning Ordinance. Ms. Stachowiak gave a brief overview. Mr. Frederick stated that because of the site losing its nonconformity, the zoning code has essentially turned it into an unusable piece of property, which is not allowed. The only decision the Board can make is to support the rezoning Seeing no one wishing to speak, Mr. Frederick closed the public hearing for the Z-13-2007, 509 Jason Court, "F" Commercial District to "A" Residential District and was referred to the Committee of the Whole for this evening. 5. COMMENTS FROM THE AUDIENCE (3 minutes each) Mr. Steven Bacon, resident of 1321 Illinois Avenue, spoke regarding Z-9-2007 & LS-19-2007. He does not understand the whole process and asked what had happened before he arrived this evening. Ms. Stachowiak stated that the staff did send him an agenda in the mail. He did not receive it. Ms. Stachowiak stated that the meeting was cancelled last Wednesday because there was not a quorum. The case was referred to the Committee of the Whole which met at 6:00 p.m. prior to this meeting. She stated that the case had been discussed in Committee but not acted upon. The Board will act on the case later this evening. Mr. Bacon stated based on the information Ms. Stachowiak had sent him, none of the agencies have any complaints. As far as compatibility with the surrounding land use, he polled the neighborhood. He went on-line and drove the streets. He stated that 1210 Allen Street is a 2-unit: a small efficiency unit and a 2 or 3 bedroom unit. He stated that 1016 Shepard is also a 2-unit or a multi family dwelling and 916 Bensch Street is a large apartment house with 5 or 6 different units. There are some houses that have been converted into 2-unit dwellings and they are scarce. He stated that if Woodman Road was rezoned to "C" Residential, it would not look awkward on the zoning map. As far as the impact on vehicular and pedestrian traffic, he stated that he has had I three ladies living in the upstairs apartment at one time and two ladies living in the basement. They all drove and there were five vehicles. There was always plenty of room for parking. The parking area is only 25 percent of the existing lot. PLANNING BOARD MINUTES November 20, 2007 Page 4 If the lots were split and the size of the property increased, there would be no problem with the 60 percent impervious lot coverage. He stated that this is a NEZ zone and he feels that if someone cannot enterprise, then what is the sense of the NEZ to begin with? He thinks the City of Lansing should look at this and have a little more diversity in the decision making and how these neighborhoods are going to be. These are older neighborhoods and they need to be private. People are not wanting to stay in Lansing and are moving out of the city. Code Compliance has stated that the bedrooms do not comply with the housing code requirements for egress windows and even if the rezoning were to be approved, the applicant would still have critical housing code violations that would be very difficult to overcome. He stated that this is not true. It will cost him more money to tear out what is existing then to just fix a few minor things like an egress window. There are slider windows in there and if he swaps those windows for casement windows, they would meet the 5.0 cubic feet for egress requirement on a first floor apartment. Financially, this will hurt him if this request is not allowed. He will lose a lot of money. He does not see why he can turn it in to a 4 or 5 bedroom single family dwelling with five people living in the house, and if the family had teenage kids, it would make four vehicles. Compared to two units, the upper unit would be a two bedroom and the lower unit would be a one bedroom. This would be approximately the same number of people. What is the difference if it is a single family or a multi family unit? He asked the Board to think it over and requested that the rezoning be approved for "C" Residential and the lot split also be approved. Mr. Jeff Deeham, resident of 4801 W. Willow Hwy., stated that he had an issue on a similar property and he supports Mr. Bacon's request. If someone comes into the City in these areas that are trashed, is willing to put money into the properties and turn them into sensible investments, he thinks it is completely reasonable to allow it. As long as the owner is held accountable by Code Compliance and the properties are well maintained, he does not see any reason why the Board should deny something like this. He rents to Cooley students and they all have cars. Whether or not a property is split into two units or it is a single family residence, the same amount of cars and traffic are going to be there. The bottom line is if it makes sense to the investor, the investor is going to be willing to spend money in Lansing to improve these properties. If it does not make sense to the investor, the houses are just going to sit there and look bad, which a lot of them currently do. He thinks it is completely reasonable to allow someone to do this as long as what they are doing is good work to the properties. Seeing no one else wishing to address the Board, Mr. Frederick closed the public comment period. PLANNING BOARD MINUTES November 20, 2007 Page 5 6. RECESS was not taken by the Board. 7. BUSINESS SESSION A. Consent Items 1. Minutes for Approval: November 7, 2007 The minutes of November 7, 2007 were APPROVED. 2. Z-11-2007, 1441 Lyons Avenue & 809 Baker Street, "F" Commercial District to "A" Residential District This is a request by Cynthia Pattison and the Greater Lansing Housing Coalition to rezone the properties at 1441 Lyons Avenue and 809 Baker Street, more specifically described as: LOTS 9 & 11 BLOCK 2, ASSESSORS PLAT NO 20, CITY OF LANSING, INGHAM COUNTY, MI from "F" Commercial District to "A" Residential District. The purpose of the rezoning is to bring the single family dwellings at these locations into compliance with the Zoning Ordinance. APPROVED w/o objection. 3. Z-13-2007, 509 Jason Court, "F" Commercial District to "A" Residential District This is a request by Jeff Deehan to rezone the property at 509 Jason Court, more specifically described as: COM 60 FT W OF NE COR LOT 6, THWTOPT75FTSE'LY MEAS D AT RT ANGS TO CL US 127, S 11 DEG 47MIN W 61.35 FT, E TO PT 60 FT W OF E LINE LOT 7, N TO BEG; ROLLIN H PERSON ADD, CITY OF LANSING, INGHAM COUNTY, MI from "F" Commercial District to "A" Residential District. The purpose of the rezoning is to bring the single family dwelling at this location into compliance with the Zoning Ordinance. APPROVED w/o objection. PLANNING BOARD MINUTES November 20, 2007 Page 6 4. Z-8-2007, 5920 S. ML King Blvd., "A" Residential District to "E- 2" Local Shopping District This is a request by Ronald Kinney to rezone the property at 5920 S. ML King Blvd., more specifically described as: Lots 4 & 5, Webster Farm Subdivision No 1, City of Lansing, Ingham County, MI from "A" Residential District to "E-2" Commercial District. The purpose of the rezoning is to allow for commercial use of the building at 5920 S. ML King Blvd. APPROVED w/o objection. B. Committee Reports 1. Zoning and Ordinance Committee, Mr. Frederick Mr. Frederick stated that there was not a quorum so there was not meeting. Next meeting, Wednesday, January 9, 2008, at 4:00 p.m. 316 N. Capitol Ave., Department Conference Room. 2. URBAN DEVELOPMENT COMMITTEE, Mr. Williams Mr. Williams stated that the Committee was scheduled to meet this evening at 6:00 p.m. but the meeting was replaced by a Committee of the Whole meeting. Next meeting, Tuesday, November 20, 2007, at 4:00 p.m. 316 N. Capitol Ave., Department Conference Room. 3. COMMITTEE OF THE WHOLE a. Z-10-2007, 1342 N. Walnut Street, "B" Residential District to "C" Residential District This is a request by Ahmed Assaf to rezone the property at 1342 N. Walnut Street, more specifically described as: South 21 Feet of Lot 8 & North 26 Feet of Lot 7; Smith's Subdivision of Lot 3 & Part of Lot 4 Block 25, City of Lansing, Ingham County, MI PLANNING BOARD MINUTES November 20, 2007 Page 7 from "B" Residential District to "C" Residential District. The purpose of the rezoning is to permit a duplex at 1342 N. Walnut Street. Dr. Bruch gave a brief overview. Mr. Ruge stated that his reason for opposing the request is because it is a very densely developed area and when he visited the site, there were cars parked all over the place. It did not look to him like it would be good to increase the density of the area. Dr. Bruch made a motion, seconded by Mr. Ruge, to recommend denial of Z-10-2007, 1342 N. Walnut Street, "B" Residential District to "C" Residential District. Frederick . . . . . . . . . . . . . . . . .. . . . Ave Ruge. . . Aye Bruch . . . . . . . . . . . . . . . . . . . . . . . Aye Williams . . Aye On a roll call vote, there were: Ayes: 4; Nays: 0; carried; unanimous. Denied. b. Z-9-2007 & LS-19-2007, 1242 Allen Street & Vacant Lot to the South "B" Residential District to "C" Commercial District, Lot Split Variance Z-9-2007 is a request by Steven Bacon to rezone the property at 1242 Allen Street and the vacant lot to its south, more specifically described as: Lots 108 & 109 Parkview Land Co. Addition, City of Lansing, Ingham County, MI from "B" Residential District to "C" Commercial District for the purpose of allowing duplexes on both lots. LS-19-2007 is a request to remove 8.35 feet from the vacant lot and add it to the property directly to the north at 1242 Allen Street; thereby, creating two lots that would each be 41.35 feet in width. Section 1236.07(b) requires a minimum lot width of 60 feet for the lot at 1242 Allen Street and 70 feet for the vacant lot. Variances to the minimum lot width requirements are therefore, being requested. Dr. Bruch gave a brief overview. Dr. Bruch stated that this case was bothersome in the way it was handled and the way it developed. Getting the permits for a single family residential and then doing the upgrades so that PLANNING BOARD MINUTES November 20, 2007 Page 8 is became a duplex. In Committee, the members discussed some of the issues that needed to be fixed in order for the property to comply and she stated that there are a lot of issues to make it work. Because of those reasons, she opposes the request. Mr. Frederick stated that having two duplexes on the two properties would be a density of 14 units per acre and that far exceeds the density being advanced in the Master Plan. Going against the Master Plan is something that is extremely difficult for him to do. He has to have some real justification in order to be able to do that. He stated that the lot split is a good idea and there are potentially two buildable lots there, where there currently is not. They are buildable for single family units. Mr. Frederick stated that it is clearly spot zoning as the area is almost entirely zoned "B" Residential. There may be some houses that are legally nonconforming before the zoning code was enacted but those nonconforming properties can lose their nonconformacy and convert back to what is required by the zoning code. He saw no justification for adding another piece of spot zoning in this neighborhood. It will put too much pressure on a marginal neighborhood. Mr. Frederick stated that when he visited the area, there are lots of areas that could very easily be considered nice neighborhoods. As far as the NEZ, he stated that it certainly is available but when someone applies for NEZ benefits, they have to do it beforehand. NEZs have rules and regulations and it does not mean that someone can go in and do free enterprise. It is a good thing and it can rejuvenate a neighborhood. Perhaps that is something that could be looked at by the applicant. There might still be some opportunity there if it is done appropriately and according to the rules. Mr. Williams stated that from the staff report, there is a comment that there are some "C" Residential zoned sites on Shepard Street but those are being used as single family properties as well. Because the building permit was pulled as a single family unit and then converted into a multi family dwelling, this was bothersome to him and he agreed that denial of this request would be appropriate. i Dr. Bruch made a motion, seconded by Mr. Williams, to recommend denial of Z-9-2007, 1242 Allen Street, "B" Residential District to "C" Commercial District. PLANNING BOARD MINUTES November 20, 2007 Page 9 Frederick . . . ... . . . . . . . . . . . . . . . Ave Ruge. . . . . . . . . . . . . . . . . . . . . . . . Ave Bruch . . . . . . . . . . . . . . . . . . . . . . . Aye Williams . . . . . . . . . . . . . . . . . . . . . Ave On a roll call vote, there were: Ayes: 4; Nays: 0; carried; unanimous. Denied. Dr. Bruch made a motion, seconded by Mr. Williams, to recommend approval of LS-19-2007, Vacant Lot to the South, Lot Split Variance. Frederick . . Aye Ruge. . . . . . . . . . . . . . . . . . . . . . . . Aye Bruch Aye Williams Aye On a roll call vote, there were: Ayes: 4; Nays: 0; carried; unanimous. Approved. c. Z-12-2007 & ACT-17-2007, 500 Block E. Kalamazoo Street, "H" Light Industrial District to "G-1" Business District, Sale of Property and the Kalamazoo Neighborhood Enterprise Zone (NEZ) This is a request by The Lenawee Company to rezone the property on the north side of the 500 block of E. Kalamazoo St., more specifically described as: S 2 RODS OF N 8 RODS OF W 112 LOT 4 BLOCK 241 ORIGINAL PLAT LOT 8 JOHNS SUBDIVISION, ALSO S 41.25 FT OF W 112 LOT 4, W 112 LOTS 5 & 6, AND S 57.75 FT OF N 132 FT OF E 112 LOT 5 EXCEPT E 114.5 FT BLOCK 241, ORIGINAL PLAT AND S 112 R OF E 112 LOT 5 & N 1.5 R OF E 112 LOT 6, BLOCK 241 ORIG PLAT, ALSO LOTS 1 THRU 7 INCL, JOHNS SUB REC L 1 P 51, CITY OF LANSING, INGHAM COUNTY, MI from "H" Light Industrial District to "G-1" Business District. The purpose of the rezoning is to permit a mixed use development (retail, office, residential) at this location. Dr. Bruch gave a brief overview. Dr. Bruch made a motion, seconded by Mr. Williams, to recommend approval of Z-12-2007 & ACT-17-2007, 500 Block E. Kalamazoo Street, "H" Light Industrial District to "G-1" Business District, Sale of Property and the Kalamazoo Neighborhood Enterprise Zone (NEZ). Frederick . . . . . . . . . . . . . . . . . . . . Aye Ruge. . . Aye . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bruch . . Aye Williams . . Ave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PLANNING BOARD MINUTES November 20, 2007 Page 10 On a roll call vote, there were: Ayes: 4; Nays: 0; carried; unanimous. Approved. d. ACT-16-2007, W. of the 1600 Bilk. N. Larch, Sell Surplus BWL Property This is a request by the Lansing Board of Water and Light (BWL), 1232 Haco Drive, to sell surplus property located west of the 1600 Blk. of N. Larch Street. The BWL has determined that this specific property is no longer needed for their operations. Dr. Bruch gave a brief overview. Mr. Ruge stated that he did not see a reason why the Board would not let BWL get rid of the property. Mr. Frederick stated that if the property is not being used by BWL, it is not doing anything and should get sold and generate property taxes. Dr. Bruch asked if that area needs a green space and stated that it would be ideal to turn it into something like that. Ms. Stachowiak stated that there is nobody in that area to use green space. Mr. Frederick stated that perhaps some semi pervious parking lot surface could be taken into consideration by the Planning Department. Dr. Bruch made a motion, seconded by Mr. Ruge, to recommend approval of ACT-16-2007, W. of the 1600 Bilk. N. Larch, Sell Surplus BWL Property. Frederick . . . . . . . . . . . . . . . . . . . . Ave Ruge. . . Ave Bruch Ave Williams Ave On a roll call vote, there were: Ayes: 4; Nays: 0; carried; unanimous. Approved e. Amendments to the Home Occupation Section of the Planning and Zoning Code The proposed amendment to Chapter 1248, Section 1248.03(e) of the Planning and Zoning Code, being Part 12 of the Lansing Code of Ordinances, would prohibit any activity related to a "Home Occupation" that adversely impacts the surrounding neighborhood or the right of surrounding residents to the quiet enjoyment of their property. PLANNING BOARD MINUTES November 20, 2007 Page 11 Dr. Bruch stated that this request was tabled during the Committee of the Whole meeting. 4. EXECUTIVE COMMITTEE C. Old Business — None. D. Report from Planning Manager Ms. Stachowiak stated that the Board and staff dinner will be December 20t" and the members should let Sarah know if they will be attending. Ms. Stachowiak stated that Sarah is working diligently on getting the Board member IDs for the basement. Ms. Stachowiak stated that the Planning Board is not the only board by a long shot that is having a problem getting members. It is everybody. This was a topic of discussion in the weekly manager's meeting with Mr. Johnson. He will see what he can do to get something done. When Mr. Johnson was Chief of Staff under David Hollister, he handled it and kept it going. Mr. Johnson will take this responsibility and that will help. Dr. Bruch asked about Planning staff. Ms. Stachowiak stated that the Planning Office does not anticipate getting additional staff members. E. Pending Items: Future action required 1. Zoninq and Ordinance Committee a. Z-1-2006, 310/312 Chestnut b. Z-3-2006,W. Edgewood c. Z-17-2005, Polly& Benjamin d. Z-12-2006& SLU-7-2006 2727 Lyons Avenue 2. Urban Development Committee a. Master Plan Project 3. Committee of the Whole 4. Planning Board 8. NEW BUSINESS A. Election of Officers Dr. Bruch nominated Mr. Frederick for Chairman and there were no objections. On a voice vote, the motion carried unanimously (4-0). Dr. Bruch nominated Mr. Williams for Vice Chairman and there were no objections. On a voice vote, the motion carried unanimously (4-0). PLANNING BOARD MINUTES November 20, 2007 Page 12 9. COMMENTS FROM CHAIRPERSON Mr. Frederick asked if the Board members were happy about their Committee assignments. Dr. Bruch stated that next semester she will have a conflict because her class lets out at 4:30 p.m. She was not sure if it would be possible to shift the meeting time to later in the day. Ms. Stachowiak asked if she could make the meetings at 5:00 p.m. Dr. Bruch said she could. 10. COMMENTS FROM BOARD MEMBERS — None. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS — None. a. Dollar Store-Willow Street&MLK Blvd.-landscaping& buffering (May 20, 2003) b. 2714 W.Jolly Road-church with large statue in front yard (January 20, 2004) c. W.Willow Street-Grace Tabernacle Church-no landscaping (May 4, 2004) d. Michigan Ave& Shepard Street- sign business-several banner signs nailed to the outside of building (May 4, 2004) e. 2702 S. Cedar Street- no landscaping (May 18,2004) f. 2410 S. Pennsylvania Ave.-no landscaping (November 3, 2004) g. 2200 W. Holmes Road-Bad Habits-excessive signs(May 3, 2005) h. 2618 Cavanaugh Road. - registered rental &front yard paved, used for parking (October 4, 2005) i. Keeps Party Store-Aurelius Road-illegal signs(July 5, 2006, July 18,2006&September 5,2006) j. Clarion Hotel—two big signs advertising Great Lakes Condominiums (December 5, 2006) k. The Firm—review requirements for fenced outdoor patio (December 5, 2006) I. 928 Pacific Ave.—6 foot fence in front yard on a corner lot(February 6, 2007) m. 4311 S. Cedar Str.—barber shop in a residential neighborhood & illegal signs (April 3, 2007) n. 1409 Eureka Str.—large hole in roof of the porch (July 17, 2007) Ms. Stachowiak stated that the Code Compliance Manager split these up among the officers according to their areas. She has not had an opportunity to go out and see if any of them have been corrected. She was not able to get any updates. With item j, Mr. Frederick stated that Great Lakes Condominiums has gone out of business and there is a new business doing the same thing. One sign was painted white and there is no lettering on it, and the other big sign has been changed to the different company. With item k, Mr. Frederick stated that there is another patio not obeying the rules and it is made permanent for the Washington Square Tavern. He stated that they did not leave enough room on the sidewalk. Mr. Williams stated that with the construction going on further down, that makes the problem worse. Mr. Frederick requested a report from the Principal Shopping District regarding the action taken for this. Mr. Ruge asked if they have control down there. Ms. Stachowiak stated that the PSD has control. Mr. Frederick stated for The Firm, it was very convenient with the workman doing some remodeling or repairs. They set up their saws out there and did not have any problems. PLANNING BOARD MINUTES November 20, 2007 Page 13 12. ADJOURNMENT - Meeting was adjourned at 7:55 p.m. Respectfully submitted, William C. Rieske, Secretary, Planning Board PBMinutes.112007.doc Approved as written 11-20-07 Draft to Clerk November 14, 2007 Approved November 20, 2007 To Clerk December 5,2007 Minutes of the Regular Meeting LANSING PLANNING BOARD 7:00 p.m., Tenth Floor, Council Chambers Lansing City Hall Wednesday, November 7, 2007 1. OPENING SESSION CD The meeting was called to order at 7:00 p.m. by Mr. Frederick, Acting Chair. C�:4 A. Roll call: Present: Frederick, Bruch, Cordill, Williams. B. Staff Attending: Stachowiak, Boone, Witherspoon. - C. Excused absences: Ruge. D. Absent: None. Ms. Cordill made a motion, seconded by Dr. Bruch to approve an excused absence request from Mr. Ruge for tonight's meeting. On a voice vote, the motion carried unanimously (4-0). 2. APPROVAL OF AGENDA Mr. Williams made a motion, seconded by Ms. Cordill to approve the agenda. On a voice vote, the motion carried unanimously (4-0). 3. COMMUNICATIONS A. Email from Ms. Adeline Metzler from the Center for Financial Health regarding the importance of providing support for housing counseling agencies and staff who provide foreclosure prevention counseling; and supports the 2009 Action Plan. B. Letter from the Allen Neighborhood Center regarding needs, views, and proposals regarding the use of CDBG program funds for FY 2009; and supports the 2009 Action Plan. C. Letter of support from Habitat for Humanity regarding the 2009 Action Plan. D. Letter of opposition from Eleazar Montes regarding Z-9-2007 4. HEARINGS A. 2009 Action Plan Community Needs Public Hearing Ms. Dorothy Boone gave a brief overview. Ms. Sharon Dade, Representative for the Greater Lansing Homeless Resolution Network and Senior Manager of Social Services for Volunteers of America, encouraged and thanked the Board for its PLANNING BOARD MINUTES November 7, 2007 Page 2 continued support of emergency services for the community, particularly emergency shelter services. In the atmosphere of shrinking funds, she knows it is difficult to make these decisions and she and the community appreciate it. She stated from a network standpoint, the GLHRN has mostly in the Lansing area and certainly the Lansing/East Lansing area, served 3,220 unique individuals that were homeless during 2006. The number of homeless people is not shrinking. Twenty-seven percent of this number represents children and youth under the age of 18 years. The GLHRN is seeing that the fastest growing part of the homeless community is really about children and families, and keeping people from falling into homelessness and moving them out quickly. The GLHRN has adopted a best practice of disbursal and really trying to rapidly move those individuals who are ready for housing into permanent housing solutions. By adopting the funds for the emergency shelter, the Board has certainly been a part of that solution. The GLHRN thanked the Board and encouraged continuous support. It is definitely needed. To be able to have someone housed who was once homeless and then help them remain housed is a critical and important part of this community being successful. Dr. Bruch asked how many homeless people are in the city of Lansing. Ms. Dade stated that she does not have a specific answer. By instituting a homeless management information system, it would have all of the member agencies using it and this system would enable the GLHRN to count the number of homeless being served. The GLHRN is developing outreach strategies so that they can reach others. This would be an approximate number of who they are serving. Mr. Williams asked how their numbers have moved over the past six years, increasing or decreasing, and within this number is the GLHRN seeing the number of chronically homeless (25%) shift as well? Ms. Dade stated from an agency standpoint, the numbers have been relatively static. What she has seen is a change in who is being served. Certainly there has been a growth in the number of families, two-parent families, and children being served versus the single adults. In the past, homelessness used to be about the single adults, primarily males, and they are starting to see the face of homelessness change. They are looking at how to address these issues. In addition, there has been some increase in chronic homelessness because they have seen some folks who are just having great difficulty because of disabilities (i.e. mental illness) and the reduction of services for mental health as well as physical disabilities, which makes it difficult for people to move out of homelessness. It does become a longer term problem for them. Seeing no one else wishing to speak, Mr. Frederick closed the public hearing for the 2009 Action Plan Community Needs Public Hearing. PLANNING BOARD MINUTES November 7, 2007 Page 3 B. Amendments to the Planning and Zoning Code — Home Occupation Amendment This is a request to consider an amendment to Chapter 12, Section 1248.03(e) of the Lansing Codified Ordinances by revising the definition of "Home Occupation" to prohibit the adverse impact upon the surrounding neighborhood of a home occupation. The proposed amendment to Chapter 12, Section 1248.03(e) would prohibit any activity related to the occupation that adversely impacts the surrounding neighborhood or the right of surrounding residents to the quiet enjoyment of their property, including but not limited to, the creation of noise, vibrations, odors, heat, glare, or electrical interference detectable beyond the property line; or have any pick-up or delivery by motor vehicle before 7:00 a.m. or after 7:00 p.m. and not more than a total of five pick- ups or deliveries each day during the permitted time. Ms. Stachowiak gave a brief overview. Dr. Bruch inquired about pick-up and delivery with music lessons. Ms. Stachowiak stated that the line needs to be drawn with what is and is not reasonable, and if it is something that is not really a problem, the City will not know about it. Ms. Stachowiak stated that the new zoning statute says that cities, townships, villages, etc. must allow the teaching of a craft or an art as a home occupation. The City cannot prohibit that; it has to be allowed. This would include piano, art and sewing lessons. As long as the traffic does not become a nuisance, there will not be a problem. If traffic becomes a problem for the neighborhood, this will give the City the resources to do something about it. Ms. Cordill asked about detached accessory structures (page 3, item 6) of 1,000 square feet or more and stated that it seemed high for an accessory structure. Ms. Stachowiak stated that is the existing language and the only item proposed for change is the item in capital letters (pages 6-7). Within the past three years, this Board set that language. The way the ordinance is written, there is a sliding scale (page 2) that tells what the lot area is and based on that lot area, how much square footage is allowed for a garage. Ms. Cordill asked about a through lot (page 3, item 8). Ms. Stachowiak stated that a through lot is a lot that fronts on one street and has two interior lot lines that run straight through to another street. It would have two road frontages but is not a corner lot. Mr. Williams asked how this change in the ordinance would impact people who have in-home daycares. Ms. Stachowiak stated that this change would have no impact whatsoever. Daycare is not considered a home PLANNING BOARD MINUTES November 7, 2007 Page 4 occupation and has a completely separate category in the ordinance under "Daycare". Daycares are dealt with specifically in the ordinance. Mr. Williams asked about state law not allowing the City to restrict the teaching of a craft. Ms. Stachowiak stated that it did not allow the City to prohibit it. Conditions can be put on it but it cannot be prohibited. Mr. Williams stated that when his mom taught piano lessons, there were a half a dozen to ten students a day. Depending on who the student is, it can certainly disrupt your ability to enjoy your property quietly. He questioned whether five is a reasonable number. When dealing with piano lesson teachers, he believes that five is a bit restrictive. Maybe there is a way to include a waiver if the neighbors approve it. Ms. Cordill asked if pick-up and delivery include UPS services. Ms. Stachowiak stated that is only related to the home occupation. Seeing no one else wishing to speak, Mr. Frederick closed the public hearing for the Amendments to the Planning and Zoning Code — Home Occupation Amendment and referred it to the Zoning and Ordinance Committee. C. Z-8-2007, 5920 S. ML King Blvd., "A" Residential District to "E-2" Local Shopping District This is a request by Ronald Kinney to rezone the property at 5920 S. ML King Blvd., more specifically described as: Lots 4 & 5, Webster Farm Subdivision No 1, City of Lansing, Ingham County, MI from "A" Residential District to "E-2" Commercial District. The purpose of the rezoning is to allow for commercial use of the building at 5920 S. ML King Blvd. Ms. Stachowiak gave a brief overview. Mr. Frederick asked if the rezoning is approved, would there be required improvements to the building? Ms. Stachowiak stated that she is not sure if there would be any improvements required for the building. Depending on what use goes into the building, the applicant may be required to bring the building up to code or he may have to make some structural alterations to the building. Otherwise, there may be some site improvements required (i.e. landscaping, paving). Mr. Ron Kinney, resident of 3004 Westchester Road and property owner, stated that the property has been in his wife's family for close to 50 years and there have been ten to twelve different occupants. It has all PLANNING BOARD MINUTES November 7, 2007 Page 5 been commercial and the building functions as commercial. A half mile to the south is the 1-96 interchange and everything from the interchange up to his property includes 7 houses total for both sides of the road. North of the property is primarily all commercial. He was surprised to find the property zoned as residential and now he wants to do the right thing and get it rezoned for the use it has been all this time. Ms. Yvonne Young McConnell, resident of 5930 S. MILK Blvd., stated that she lives two doors south of the proposed property and was glad to receive the postcard in the mail regarding this proposal. She has been in consistent communication with the South Precinct and the City Attorney's Office. For the past three summers, the residents of that area have not been able to get any sleep because of the motorcycle gang that was there. It was horrible not being able to sleep. When people are working and have small children, the residents have been trying to get the gang moved for quite some time. She was glad to see about six weeks ago, the motorcycle gang was removed and the residents were very instrumental in that. She would have people converging on her porch and any day of the week she would come home and sometimes people would even be sitting on her porch waiting for her. They came to her because she is a Commissioner for the City of Lansing. Her neighbors know that she represents the Third Ward on the Fire Commission so they come to her thinking she can do something about it. It was good to see that something different is going to be done and it is good to see the motorcycle gang gone. She stated that she has tons of notes and reports that she has pulled for LPD and the City Attorney's Office regarding all of the complaints, noise and everything that the residents had to deal with for the last three summers. She asked the Board to please keep the residents informed of what type of business is going in there. There are small children in that area and many of the residents are employed. She has to be to work at 7:00 a.m. She is very thankful the motorcycle club is gone because they used to be up there until 5:00 a.m. singing karaoke and it was absolutely ridiculous. She asked whatever business is going into this property, that the residents be kept abreast and aware of it prior to rezoning. Mr. Frederick stated that the Board does not have the authority to make any determination of what business goes in. The Board can only make a recommendation of what types of businesses will be allowed. The Board would have no way of knowing when a business moves in or leaves. If she would like to continue to follow this process, this request will go before the Zoning and Ordinance Committee on November 14, 2007, in the department conference room. Ms. Stachowiak stated that the zoning designation that is being considered for that property (E-2 Local Shopping District) would not permit a motorcycle club or similar use at that location without a special land use permit. This would mean that the residents would receive another PLANNING BOARD MINUTES November 7, 2007 Page 6 postcard notifying them of the use that would be considered and then the residents would have an opportunity to go before the Board again and comment on that specific use. Ms. Cordill asked for clarification of what uses would be allowed in the E-2 Shopping District. Ms. Stachowiak stated that retail and office, restaurant but no fast food, are allowed. Seeing no one else wishing to speak, Mr. Frederick closed the public hearing for the Z-8-2007, 5920 S. ML King Blvd., "A" Residential District to "E-2" Local Shopping District and was referred it to the Zoning and Ordinance Committee. D. Z-10-2007, 1342 N. Walnut Street, "B" Residential District to "C" Residential District This is a request by Ahmed Assaf to rezone the property at 1342 N. Walnut Street, more specifically described as: South 21 Feet of Lot 8 & North 26 Feet of Lot 7; Smith's Subdivision of Lot 3 & Part of Lot 4 Block 25, City of Lansing, Ingham County, Ml from "B" Residential District to "C" Residential District. The purpose of the rezoning is to permit a duplex at 1342 N. Walnut Street. Ms. Stachowiak gave a brief overview. Dr. Bruch asked about the width of the lot and if it was wider than all of the other properties. Ms. Stachowiak stated that it is 47 feet wide. Majority of the other properties are 33 feet wide, a few of them are 44 feet wide and the property to the north is 75 feet wide. There are some odd shaped properties and there is not a consistent lot size in the area. Mr. Ahmed Assaf, resident of 5945 York Way and property owner, spoke in favor of his request and stated that the house has two furnaces and two water heaters. He stated that this is the largest house in the neighborhood and that the rent is too high for a single family unit. Seeing no one else wishing to speak, Mr. Frederick closed the public hearing for the Z-10-2007, 1342 N. Walnut Street, "B" Residential District to "C" Residential District and was referred to the Zoning and Ordinance Committee. E. Z-9-2007 & LS-19-2007, 1242 Allen Street & Vacant Lot to the South "B" Residential District to "C" Commercial District, Lot Split Variance PLANNING BOARD MINUTES November 7, 2007 Page 7 Z-9-2007 is a request by Steven Bacon to rezone the property at 1242 Allen Street and the vacant lot to its south, more specifically described as: Lots 108 & 109 Parkview Land Co. Addition, City of Lansing, Ingham County, MI from "B" Residential District to "C" Commercial District for the purpose of allowing duplexes on both lots. LS-19-2007 is a request to remove 8.35 feet from the vacant lot and add it to the property directly to the north at 1242 Allen Street; thereby, creating two lots that would each be 41.35 feet in width. Section 1236.07(b) requires a minimum lot width of 60 feet for the lot at 1242 Allen Street and 70 feet for the vacant lot. Variances to the minimum lot width requirements are therefore, being requested. Ms. Stachowiak gave a brief overview. Mr. Frederick asked how long ago the building was constructed. Ms. Stachowiak stated that the building permit was pulled in 2003 and was finalized in January 2004. Mr. Frederick asked if the work that made it into a two-family dwelling happened sometime subsequently before the permit and presumably unpermitted. Ms. Stachowiak stated that the work was unpermitted. Mr. Steven Bacon, resident of 1321 Illinois Ave and property owner, stated that the basement was converted illegally into a small two bedroom apartment. It was not intentional but it was in the process. He was given an occupancy permit in January 2004 and in the spring, he did the driveway, sidewalks, landscaping and the yards. In the summer, the basement was converted into a small apartment with some help from friends and family. In September, he went to the City office to fill out the paperwork for a rental property, and on that paperwork he said it was a duplex. The paperwork went straight to the City Assessor's Office and he was given a reassessment from it being a single family to a multi-family dwelling. He was charged more taxes because the SEV was increased from 40,000 to 70,000. He is now capped there at 43,000. Since he did this illegally, he is trying to rectify the situation. He did not know the zoning code or the zoning law back then. He does not want to destroy something that is a useful space. He has rented it for three years. The basement and the upstairs are brand new and there is nothing wrong with it. When the inspector came over, he was told that he had to demolish everything. He said that he would find out what he needed to do to rectify the situation. If the lot split is approved, he would have enough square footage but then it is the rezoning that is the issue because of the neighborhood. On Shepard Street, the zoning is "C" Residential District. Whitman Avenue is not zoned. What is beyond Potter's Park is zoned for single family PLANNING BOARD MINUTES November 7, 2007 Page 8 dwellings. On Allen Street, the properties are single family dwellings. The two houses directly across the street from the proposed site are owned by the Lansing Housing Commission. If all of these were connected on a map, it would create a lag onto Shepard Street that would not look awkward on a map. Therefore, creating "C" Residential that would conform with Shepard Street. He stated that he did this illegally and is now trying to rectify it although this has been condoned by the neighborhood, the City and the City Assessor's Office for three years now without incident. The tenants he has had were college students and people who were trying to get their lives together, go to school and work. They want affordable housing so he has been working with the Student Life Office at LCC to cater to the students. Mr. Bob McCrumb, resident of 1236 Allen Street, stated that his property is adjacent to the proposed site and that the property has not been condoned by the neighbors for 3 years. Since Mr. Bacon dug a hole three feet from his fence, he has been complaining to everybody he can think of. He has even been to the Mayor's Office and they keep sending inspectors out. The thing around the house that is supposed to catch the water and run it off the property, still runs onto his property. The edge of Mr. Bacon's roof now lays right over his fence. He was told for years that you cannot build on a 33 foot lot but Mr. Bacon comes in and builds a duplex, intentionally know it is going to be a duplex. There is a front and back entrance to the upstairs and there is a front and back entrance for the lower level. He stated that Mr. Bacon did this himself and is too close to the line. He stated that Mr. Bacon would not listen to him and when he asked Mr. Bacon to move it away a little bit, Mr. Bacon said that he could do anything he wanted because he knew the inspector. He has put up with this for three years and now somebody heard about all of this being illegal from the beginning. He stated that he has letters from people who could not be here tonight because of physical reasons. He has a petition to stop this rezoning. Mr. Frederick stated that these items will be included in the packet to the Zoning and Ordinance Committee. Mr. McCrumb stated that as far as he is concerned, the building needs to be burned or tore down and properly constructed on a lot of the proper size. If Mr. Bacon receives a variance, then he is allotted the proper size and he can put it somewhere other than over his fence. ? PLANNING BOARD MINUTES November 7, 2007 Page 9 He believes that his mother's life was cut short because of the stress of all of the fighting going on during the construction and since then. She passed away in 2005. He does not think the stress from 2003 to 2005 helped her. He would have preferred to have her around a little longer. Seeing no one else wishing to speak, Mr. Frederick closed the public hearing for the Z-9-2007 & LS-19-2007, 1242 Allen Street & Vacant Lot to the South "B" Residential District to "C" Commercial District, Lot Split Variance and was referred to the Committee of the Whole for this evening. 5. COMMENTS FROM THE AUDIENCE (3 minutes each) Mr. Steven Bacon, resident of 1321 Illinois Ave and property owner, stated that Mr. McCrumb is not on the tax roll and does not live on Allen Street. His home is not his mother's home. Mr. Bacon stated that he has had problems with him. When he built the house, Mr. McCrumb said that he built it too close to the lot line. He was working with the neighborhood planning and building office. The building part of is was constructed to code requirements: 3 feet away from the lot line, 20 foot wide building with 10 feet on the other side. Mr. McCrumb is incorrect. Mr. Bacon stated that he did have problems with Mr. McCrumb. Now he is trying to rectify the situation and trying to not destroy the basement. He would like to keep it the way it is. He has been in that neighborhood for four years and is on the higher tax end. He has lived in Lansing his whole life and does not have plans to leave. He plans on investing in the city of Lansing and in this neighborhood, especially with these two lots. He, his wife and children shovel snow there in the winter and rake leaves in the fall. They do spring clean up and mow the grass in the summer. They maintain both properties. The appearance of 1242 Allen Street is not a run down and dilapidated structure but a newer and well kept property. From the street it does not appear to be a typical duplex and it is not even an eye sore to anyone driving down Allen Street. On Allen Street, there are several houses that are red-tagged, condemned, vacant or for-sale. He benefits this block by having pride in being a property owner and his will to maintain his properties. In the past three years since this has been a multi-family dwelling, he has marketed this unit to college students. He has great success finding great people to reside in his building. The individuals he had rented to, have always told him that they love the neighborhood and enjoy being there. He does realize that he has made a very big mistake and that it was not done intentionally. This was done out of his shear PLANNING BOARD MINUTES November 7, 2007 Page 10 ignorance of not knowing the zoning code. He is not perfect and sometimes he does not always think of everything and make good decisions. He is human. He hopes that this request will be granted so that he can continue serving this community as a responsible tax payer, property owner and landlord. If the request is granted, he will work with the neighborhood planning office to make sure that all required items (i.e. permits, inspections) have been completed to make this a safe, code compliant residence. He apologized for any inconveniences that this has caused the City of Lansing or the neighborhood. He thanked the Board for its time and consideration. Seeing no one else wishing to address the Board, Mr. Frederick closed the public comment period. 6. RECESS was not taken by the Board. 7. BUSINESS SESSION A. Consent Items 1. Minutes for Approval: August 21, 2007 The minutes of August 21, 2007 were APPROVED. Minutes for Approval: September 4, 2007 The minutes of September 4, 2007 were APPROVED. Minutes for Approval: September 18, 2007 The minutes of September 4, 2007 were APPROVED. B. Committee Reports 1. ZONING AND ORDINANCE COMMITTEE, Dr. Bruch, Vice Chair Next meeting, Wednesday, November 14, 2007, at 4:00 p.m. 316 N. Capitol Ave., Department Conference Room. 2. URBAN DEVELOPMENT COMMITTEE, Ms. Cordill, Chair Ms. Cordill stated that the Committee did meet on October 23rd. No action was taken but there were discussions on the Master Plan project and the Grand Vision project. Next meeting, Tuesday, November 20, 2007, at 6:00 p.m. 124 W. Michigan Ave., City Council Conference Room. PLANNING BOARD MINUTES November 7, 2007 Page 11 3. COMMITTEE OF THE WHOLE 4. EXECUTIVE COMMITTEE C. Old Business — None. D. Report from Planning Manager Ms. Stachowiak gave a brief explanation about the parking passes and stated that the City would like to have these passes to the Board members within the new couple of weeks. The Board members will need to have their photos taken and we will schedule a day where they can come down at any time during the day without being restricted to specific time. E. Pending Items: Future action required 1. Zoning and Ordinance Committee a. Z-1-2006, 310/312 Chestnut b. Z-3-2006,W. Edgewood c. Z-17-2005, Polly& Benjamin d. Z-12-2006&SLU-7-2006 2727 Lyons Avenue 2. Urban Development Committee a. Master Plan Project 3. Committee of the Whole 4. Planning Board 8. NEW BUSINESS — None. 9. COMMENTS FROM CHAIRPERSON Mr. Frederick stated that he had an unfortunate incident after the last UDC meeting. The woman operating the gate for the parking structure had him going back and forth and it made him so flustered that he back right into Ms. Cordill. They are putting in a automated machine to take money and they forgot that some people go through and do not have to pay. Mr. Williams said it was a mess. Mr. Frederick stated that he is not sure if it is fixed or not but someone should ask what needs to be done. Ms. Stachowiak stated that there are a lot of flaws with it. If you owe a dollar and you put in a $20 bill, it will give you $19 in coins. Ms. Stachowiak stated that the Planning Office now has pre-validating tickets for parking and half of them do not work. People bring them back to the office because they cannot get out of the ramp. The system has tons of flaws and they are trying to get them all ironed out. a 1 10. COMMENTS FROM BOARD MEMBERS th Dr. Bruch stated that she will be out of town December 15 through January 6th PLANNING BOARD MINUTES November 7, 2007 Page 12 Ms. Stachowiak stated that the Planning Office is looking at having the Annual Dinner on December 18ti, Ms. Cordill asked about more Board members. Ms. Stachowiak stated that letters have gone out and Mr. Rieske has been applying pressure where he can as well. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS — None. a. Dollar Store-Willow Street&MLK Blvd.- landscaping& buffering (May 20, 2003) b. Grovenburg property-dumpster in ROW(July 1,2003) c. 2714 W. Jolly Road-church with large statue in front yard (January 20, 2004) d. W.Willow Street-Grace Tabernacle Church-no landscaping (May 4, 2004) e. Michigan Ave&Shepard Street-sign business-several banner signs nailed to the outside of building (May 4, 2004) f. 2702 S. Cedar Street-no landscaping (May 18, 2004) g. 2410 S. Pennsylvania Ave. -no landscaping (November 3, 2004) h. 2200 W. Holmes Road- Bad Habits-excessive signs (May 3, 2005) i. 2618 Cavanaugh Road. -registered rental &front yard paved, used for parking (October 4,2005) j. Keeps Party Store-Aurelius Road-illegal signs (July 5,2006, July 18, 2006&September 5, 2006) k. Clarion Hotel—two big signs advertising Great Lakes Condominiums (December 5, 2006) I. The Firm—review requirements for fenced outdoor patio(December 5, 2006) m. 928 Pacific Ave.—6 foot fence in front yard on a corner lot(February 6, 2007) n. 4311 S. Cedar Str.—barber shop in a residential neighborhood&illegal signs (April 3, 2007) o. 1409 Eureka Str.—large hole in roof of the porch (July 17, 2007) Mr. Frederick stated that in the City Pulse a week ago, there was a comment regarding the lengths of time that the code enforcement items have been on the agenda. Ms. Stachowiak stated that she is working with Code Compliance to resolve all of the violations. 12. ADJOURNMENT - Meeting was adjourned at 8:15 p.m. Res e tfully submitted, 1 �r"y William C. Rieske, Secretary, Planning Board PBMinutes.1 10707.doc Regular Meeting LANSING PLANNING BOARD 7 p.m., Tenth Floor City Council Chambers, Lansing City Hall Tuesday, October 16, 2007 ; AGENDA _�' fc Sig Cll'► #;'�-'�'. Cale The PlanningBoard meetin g scheduled for Tuesday , October 16 , 2007 has been cancelled .