ZONING BOARD OF APPEALS Quality Services for a Quality Community

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1 ZONING BOARD OF APPEALS Quality Services for a Quality Community MEMBERS Chair Brian Laxton Vice Chair Caroline Ruddell Andrea Ditschman Konrad Hittner Jon Jorgensen John Robison Vacancy Alternate 1 James Bradley Alternate 2 Erik Altmann City Council Liaison Erik Altmann Staff Liaison David Haywood (517) City of East Lansing DEPARTMENT OF PLANNING, BUILDING & DEVELOPMENT 410 Abbot Road East Lansing, MI (517) AGENDA April 11, :00 p.m. 54-B District Court, Courtroom Linden Street 1) OPENING A) Roll Call B) Approval of Agenda C) Approval of Minutes March 7, ) COMMUNICATIONS A) Written B) Oral 3) NEW BUSINESS A) A variance request from Mohamed Shetiah for the property located at 947 Trowbridge Road, in the B-2, Retail Sales Business District from the following requirement of Chapter 50 Zoning Code of the City of East Lansing Section (2) Minimum number of stacking spaces for restaurant uses of 10 per window. 4) OLD BUSINESS The applicant is proposing a Biggby coffee shop with a drive-thru window with six (6) stacking spaces. A) A variance request from Ross Realty VIII for the property at 401 W. Grand River Avenue, in the RM-32 City Center Multiple Family Residential District. The variance requested is for the following section of Chapter 50- Zoning Code of the City of East Lansing: Section (4)(g).1 Building setback, to decrease the side-yard setback to 4 ft. minimum where 8 ft. minimum is required. The applicant is requesting a 4 foot minimum side-yard setback. East Lansing Zoning Board of Appeals Agenda April 11, 2018, Page 1 of 2

2 B) A variance request from John Johnson for the property at 909 Sunset Lane, in the R-2 Medium Density Single-Family Residential District. The variance requested is for the following section of Chapter 50- Zoning Code of the City of East Lansing: 5) STAFF REPORTS Section Ground Coverage, to increase the ground coverage from 39.4% to 47.7% where 40% is allowed. The applicant is proposing to build a larger garage and increase the width of the driveway 6) BOARD MEMBER CONCERNS 7) ANNOUNCEMENTS 8) ADJOURNMENT East Lansing Zoning Board of Appeals Agenda April 11, 2018, Page 2 of 2

3 East Lansing Zoning Board Review Process The Zoning Board meets the first Wednesday of each month. The Board is composed of six citizen volunteers selected by the City Council. The Board is empowered to authorize upon an appeal specific variances from such dimensional requirements as lot area and width regulations, building heights, bulk regulations, yard width, side and depth regulations and off-street parking requirements. All of the Board meetings are open to the public and use the following process: 1. Board Secretary reads the public notice which describes the location, applicant, zoning district and subject matter of exception request. 2. Applicant's presentation - applicant may speak on his/her own behalf or may be represented. 3. Public comment - comments are taken from all who are interested, including any written comments. 4. Rebuttal/additional comments by applicant. 5. Questions by Board members. 6. Closing of public portion, deliberative phase. 7. Closing of hearing followed by Board's discussion and action. The concurring vote of four members is necessary to grant any variance or to decide in favor of the applicant on any matter upon which they are required to pass. Guidelines for Public Comment 1. If you are interested in speaking on an agenda item, please state your name, address and the specific concern or question you wish the Board to consider as clearly and concisely as possible. 2. To minimize redundancy, if previous speakers have already raised similar concerns or questions, simply note that you concur with them. 3. Direct your comments to the Board. Dialogue with the applicant or the audience is discouraged. 4. Written comments submitted to the Board automatically become part of the public record. It is not necessary to also read them. You may give a summary of the comments Members Chair Brian Laxton Caroline Ruddell Vice Chair Andria Ditschman Jon Jorgenson John Robison Vacancy Alternate 1 James Bradley Erik Altmann Alternate 2 Erik Altmann, Council Liaison David E. Haywood, Secretary (517)

4 Department of Planning & Community Development Staff Contact: David Haywood Phone Number: ZBA Agenda: April 11, 2018 STAFF REPORT 947 Trowbridge Road April 6, 2018 Proposal A variance request from Mohamed Shetiah for the property located at 947 Trowbridge Road, in the B-2, Retail Sales Business District from the following requirement of Chapter 50 Zoning Code of the City of East Lansing: Section (2) Minimum number of stacking spaces for restaurant uses of 10 per window. The applicant is proposing a Biggby coffee shop with a drive thru window with six stacking spaces. The applicant is proposing to renovate the front 35 feet 6 inches and reconstruct the rear 15 feet 4 inches of the existing building, and reconstruct the parking lot for a Biggby Coffee Shop, with drive-through window, and future commercial space on the existing 0.51 site. The proposed parking area will total 20 parking spaces to serve the proposed coffee shop and future retail space. The site plan shows five (6) stacking spaces for the drive-through window, storm water management, including bio-retention basin, landscaping, refuse storage, and public water main extension.

5 947 Trowbridge Road Page 2 Background The existing property was formerly occupied by the Quality Dairy convenience store. The site has two points of access to Trowbridge Road. The site is relatively flat with a minor slope toward Trowbridge Road. Adjacent to the subject property to the west is the Chalgian & Tripp Law Offices, zoned B-2, Retail Sales Business. To the east is the Better Asian Mart also zoned, B-2. To the north is the Trowbridge Lofts mixed-use development with various retail suites on the first floor, zoned B-2, Retail Sales Business, with residential above. To the south is the railroad rightof-way. Farther south is the Capital Area Transportation Authority Capital Area Multimodal Gateway, zoned M-1, Manufacturing Industry. Standards of Review In order to grant a variance, the Zoning Board must first find that the application satisfies certain required conditions stated in Section 50-64(3)(a) of the Code, as follows: (1) The variance shall not be contrary to the public interest or the general intent and purpose of the Zoning Code; (2) The variance shall not permit the establishment of a use within a given district which is prohibited therein; (3) The variance shall not be a variance so commonly recurring as to make reasonably practical the formulation of a general regulation by the City Council; (4) The variance shall not cause substantial adverse effect to properties in the immediate vicinity or in the zoning district where the variance is located; and (5) The variance shall relate only to property that is described in the application for the variance. In addition, the Zoning Board must find that the application meets one of three special findings stated in Section 50-64(3)(b) of the Code, as follows: 1. Special Finding (1), that there are practical difficulties or unnecessary hardships resulting from the physical characteristics of the property in question which make it unfeasible to carry out the strict letter of the Zoning Code; 2. Special Finding (2), that there are exceptional or extraordinary circumstances or conditions which apply to the property in question that do not apply to other properties and which have not resulted from any act of the applicant subsequent to the adoption of the Zoning Code; 3. Special Finding (3), that such variation is necessary for the preservation of a substantial property right possessed by other properties within the same zoning district.

6 947 Trowbridge Road Page 3 Additionally, in granting a variance the Board may specify in writing such other conditions regarding the location, character, landscaping, or other treatment that will, in the Board's judgment, be reasonably necessary to the furtherance of the intent of the Zoning Code and the protection of the public interest. The breach of any such condition shall automatically invalidate the permit granted. Staff Comments Section (2) of the City Code requires 10 stacking spaces for the proposed coffee shop drive-thru. The applicant has provided a site plan that shows six (6) stacking spaces. The applicant contends that only six (4) spaces are needed as experienced at their four (4) other Biggby locations. The applicant indicates that drive-thru coffee shops will not create a stacking demand beyond six (6) spaces, that the stacking standard for restaurants should not be applied to coffee shops, that there is more parking provided than required any obstructed parking spaces as a result of stacked space back-up will not negatively impact the overall site parking availability, and that the peak parking demand is different than the retail side of the building. Possible Actions Following the public hearing on this appeal, if the Zoning Board finds that the application satisfies the required conditions stated above, it could grant the variance in accordance with, Special Finding ( ), (language of special finding); based on the following grounds:

7 CITY OF EAST LANSING AERIAL PHOTOGRAPH TROWBRIDGE ROAD HARRISON ROAD Zoning Board of Appeals Quality Services for a Quality Community

8 Arbor La CITY OF EAST LANSING ZONING MAP Lilac Daisy t Rebecca Tanager Narcissus Sever oe Palmer Trowbridge Road TR B1-General Office Business B2-Retail Sales Business B3-City Center Commercial B4-Restricted Office Business B5-Community Retail Sales Business BC*-Dewitt RA-Residential Township Ag - Business C-Community Facilities RM08-Planned Unit Development RM14-Low Density Multiple Family RM22-Medium Density Multiple Family RM32-City Center Multiple Family Res R1-Low Density Single-Family Residential R2-Medium Density Single-Family Residential R3-Single & Two Family Residential Planning Commission Quality Services for a Quality Community

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17 Department of Planning & Community Development Staff Contact: David Haywood Phone Number: ZBA Agenda: April 11, 2018 STAFF REPORT 401 W. Grand River Ave. April 6, 2018 Proposal A public hearing will be held to consider a variance request from Ross Realty VIII for the property located at 401 West Grand River Avenue, in the RM-32, City Center Multiple Family Residential zoning district from the following requirement of Chapter 50 - Zoning Code of the City of East Lansing: Sec Building setback, to decrease the side-yard setback to 4 ft. minimum, where 5 ft. minimum is required. NOTE: This request was originally published as a variance from Section (4)(g)1. Since that time, it was found that the structure is classified as a single-family dwelling, since there is only one unit in the structure where all four occupants will be living within. Therefore, Section (1) applies, which refers back to , which requires a five foot setback. The structure has an existing setback of four feet. Therefore, a one-foot variance is necessary.

18 401 W. Grand River Ave. Page 2 The applicant is proposing to increase the occupancy of the single-family structure from two to four unrelated persons. The structure is currently non-conforming, in that it does not meet the side yard setback standard of five feet. The existing structure is set back four feet from the side (west) property line. Background The subject property is located within the RM-32, City Center Multiple-Family Residential zoning district. The surrounding properties are located in the same district, with the exception of the property to the east, which is B-2, Retail Sales Business. The property is currently licensed as a Class III, which allows for a family or two unrelated persons. The property is currently occupied by two unrelated persons. The applicant is seeking to re-license the property to a Class IV, which would allow for three or more unrelated persons. The applicant is also seeking modifications to the parking area to accommodate four vehicles. The proposed parking modifications meets the zoning standards for parking and access facilities. Standards of Review In order to grant a variance, the Zoning Board must first find that the application satisfies certain required conditions stated in Section 50-64(3)(a) of the Code, as follows: (1) The variance shall not be contrary to the public interest or the general intent and purpose of the Zoning Code; (2) The variance shall not permit the establishment of a use within a given district which is prohibited therein; (3) The variance shall not be a variance so commonly recurring as to make reasonably practical the formulation of a general regulation by the City Council; (4) The variance shall not cause substantial adverse effect to properties in the immediate vicinity or in the zoning district where the variance is located; and (5) The variance shall relate only to property that is described in the application for the variance. In addition, the Zoning Board must find that the application meets one of three special findings stated in Section 50-64(3)(b) of the Code, as follows: 1. Special Finding (1), that there are practical difficulties or unnecessary hardships resulting from the physical characteristics of the property in question which make it unfeasible to carry out the strict letter of the Zoning Code; 2. Special Finding (2), that there are exceptional or extraordinary circumstances or conditions which apply to the property in question that do not apply to other properties and which have not resulted from any act of the applicant subsequent to the adoption of the Zoning Code;

19 401 W. Grand River Ave. Page 3 3. Special Finding (3), that such variation is necessary for the preservation of a substantial property right possessed by other properties within the same zoning district. Additionally, in granting a variance the Board may specify in writing such other conditions regarding the location, character, landscaping, or other treatment that will, in the Board's judgment, be reasonably necessary to the furtherance of the intent of the Zoning Code and the protection of the public interest. The breach of any such condition shall automatically invalidate the permit granted. Staff Comments Section (7) states that an increase of occupancy of a non-conforming single-family structure beyond that of a family shall be deemed an enlargement which increases the nonconforming use. By definition a family is two or more related by blood or two unrelated. Section (3) states that a non-conforming use shall not be extended throughout any part of the building that was not originally designed for such use. Therefore, the variance is necessary to remove the non-conforming status. Possible Actions Following the public hearing on this appeal, if the Zoning Board finds that the application satisfies the required conditions stated above, it could grant the variance in accordance with, Special Finding ( ), (language of special finding); based on the following grounds: Concerns from Commissioners March 7, 2018 ZBA meeting At the March meeting, commissioners requested additional data to support the applicant s variance request. The applicant has contacted staff and informed that they are compiling supporting rental housing data relative to the RM-32 zoning district and will have a complete submittal available Monday, April 9. Staff will forward upon receipt. The applicant provided various maps of nonconforming rental properties around the city which are attached to the end of the packet.

20 CITY OF EAST LANSING AERIAL PHOTOGRAPH W. GRAND RIVER AVE. HILLCREST AVE. Zoning Board of Appeals Quality Services for a Quality Community

21 Ardson CITY OF EAST LANSING Marshall ZONING MAP B Dorothy Fores CITY OF EAST LANSING ZONING MAP Evergreen Elm Center Clifton Zoning Board EAST of Appeals VILLAGE Beal Rosewood CITY OF EAST LANSING ZONING MAP A* - Dewitt Township - AG B1-General Office Business B2-Retail Sales Business B3-City Center Commercial B4-Restricted Office Business B5-Community Retail Sales Business BC*-Dewitt Township - Business C-Community Facilities C-1* -Meridian Township Commercial D* - Bath Township - Development M1-Manufacturing Industry Louis Hillcrest 401 W. Grand River Ave. A* - Dewitt Township - AG B1-General Office Business Oakhill B2-Retail Sales Business B3-City Center Commercial Hillside B4-Restricted Office Business B5-Community Retail Sales Business BC*-Dewitt Township - Business C-Community Facilities Delta College Valley CITY OF EAST LANSING ZONING MAP C-1* -Meridian Township Commercial D* - Bath Township - Development EAST VILLAGE A* M1-Manufacturing - Dewitt Township Industry - AG B1-General M4*-Dewitt Township Office Business - Multiple Family B2-Retail OIP - Office Sales Industrial Business Park B3-City P- Parking Center Commercial B4-Restricted R1-Low Density Office Single-Family Business Residential B5-Community R2-Medium Density Retail Single-Family Sales Business Residential BC*-Dewitt R3-Single & Township Two Family - Business Residential C-Community R3* Dewitt Township Facilities C-1* RA-Residential -Meridian Township Ag Commercial D* RDD*-Meridian - Bath Township Township-Multiple - Development Family Low Dens EAST RM08-Planned VILLAGEUnit Development M1-Manufacturing RM14-Low Density Industry Multiple Family M4*-Dewitt RM22-Medium Township Density - Multiple Family OIP RM32-City - Office Center Industrial Multiple Park Family Res P- RM54-University Parking Oriented Multiple Family Re R1-Low U- University Density Single-Family Residential R2-Medium Density Single-Family Residential R3-Single & Two Family Residential R3* Dewitt Township RA-Residential Ag RDD*-Meridian Quality Services Township-Multiple for a Quality Family Community Low Dens RM08-Planned Unit Development

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30 Section 50-64(3)(a) Satisfaction of Required Conditions 1- The Variance requested is not contrary to the public interest or the general intent and purpose of the Zoning Code. a) The neighbor bordering the property to the West completely supports this Variance request. Additionally, this neighbor has granted a driveway easement which was necessary for: (1) East Lansing Housing approval for parking lot access; (2) Expansion for the parking lot. b) The Variance requested is compliant with the spirit of the RM-32 zoning code, c) The Variance will not be materially detrimental to the purpose of the Ordinance, or to property in the zone or vicinity, or otherwise conflict with the objectives of any East Lansing plan or policy. 2- The Variance requested does not permit the establishment of a use within this district which is prohibited therein. a) The neighborhood is zoned RM-32 and contains mostly higher density structures, b) The Variance is necessary to utilize the RM-32 zoning more fully, c) This Variance does not change the RM-32 zoning which currently does allow a structure up to 4 stories with retail on the ground floor. 3- The Variance requested is not a variance so commonly recurring as to make reasonably practical the formulation of a general regulation by the City Council. a) The conditions upon which this Variance relates are not applicable generally to other property within this same zoning district, b) Research of all Zoning Board meetings from 2012 to present yield very few, if none, other RM-32 setback Variance requests for older single family housing structures, c) The closeness of the structure to the property line seems uncommon in the RM-32 district. 4- The Variance requested will not cause substantial adverse effect to properties in the immediate vicinity or in this zoning district where this Variance is located. a) The Variance will not: (1) Impair an adequate supply of light and air to adjacent property; (2) Substantially increase the hazard from fire or other dangers to the property or adjacent properties; (3) Otherwise impair the public health, safety, comfort, morals or general welfare of the inhabitants of East Lansing; (4) Diminish or impair the property valves with the neighborhood; (5) Create a nuisance; or (6) Result of an increase in public expenditures. b) The Variance is the minimum necessary that will make possible the reasonable use of the structure. 5- The Variance requested will only relate to this property that is identified in my application for Variance. a) The Variance will continue the RM-32 conformity of the district, b) The Variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood.

31 Section 50-64(3)(b) Meeting of Special Findings 1- Special Finding (1), that there are practical difficulties or unnecessary hardships resulting from the physical characteristics of the property in question which make it unfeasible to carry out the strict letter of the Zoning Code. a) The particular physical condition of this specific property would bring particular hardship if the strict letter of the zoning regulation were to be carried out, b) The property cannot reasonably be used, as allowed, for full RM-32 uses as permitted in this district, c) Granting this Variance will not alter the essential character of the area, d) The structure was built in 1939, prior to the current setback requirements, e) Moving the structure closer to the East to meet the 5' setback isn't feasible because of the topography where the slope and height of the property to the East is extreme. The cost to grade the land and move the structure into compliance would be a hardship, f) The existing structure and infrastructure would have to be destroyed in order to utilize the property for another use without the Variance. The cost to do this would be a hardship, g) The Variance is the minimum necessary that will make possible the reasonable use of the structure and alleviate this hardship. 2- Special Finding (2), that there are exceptional or extraordinary circumstances or conditions which apply to the property in question that do not apply to other properties and which have not resulted from an act of the applicant subsequent to the adoption of the Zoning Code. a) Strict compliance with dimensional requirements would be unnecessarily burdensome and would prevent using the property for full RM-32 permitted uses, b) The problem is not self-created. The structure was built in 1939; long before the current Zoning code was adapted as well as, most likely, previous Zoning codes even before that for the area. Had the original building developer been able to anticipate future Zoning restrictions, the structure would have probably been erected without this encumbrance, c) This plight is due to the unique circumstances of this property and the age of the structure and from our research, is not shared by neighboring properties in the same zone. 3- Special Finding (3), that such variation is necessary for the preservation of a substantial property right possessed by other properties within this same zoning district. a) The Variance requested is for the preservation of the RM-32 property right possessed by other properties within this same zoning district, b) The Variance requested is the minimum necessary that will make possible the reasonable use of the structure, c) This Variance would provide substantial justice and allow for full RM-32 permitted uses.

32 Rental Units Rental Units Address Display String Name Responsible Party Zoning Type of Structure Cert Type Actual Billing 615 GLENMOOR RD 1B GREBNER MARK RM32 Condo Class III OAKHILL AVE SRP MANAGEMENT RM32 Single Family Class III MULBERRY LN SMITH SANDI RM32 Condo Class III W SAGINAW ST 202 SAHYOUNI ABDULLAH RM32 Condo Class III W SAGINAW ST 303 ABDEL-AZIM ASMAA RM32 Condo Class III W SAGINAW ST 102 KHALIL AMINA (TRUST) RM32 Condo Class III W SAGINAW ST 103 TASIE OYINKANSOLA & LENIS RM32 Condo Class III W SAGINAW ST 203 TASIE OYINKANSOLA & LENIS RM32 Condo Class III W SAGINAW ST 204 NOMAN SIBBIR RM32 Condo Class III W SAGINAW ST UNIT 10 KELLOGG SARAH RM32 Condo Class III W SAGINAW ST UNIT 12 NING HAORUO RM32 Condo Class III W SAGINAW ST UNIT 16 MARKETPLACE HOMES RM32 Condo Class III W SAGINAW ST UNIT 29 GREBNER MARK L RM32 Condo Class III W SAGINAW ST UNIT 30 1st CHOICE PROPERTY MGMT LLC RM32 Condo Class III W SAGINAW ST UNIT 34 MULTANI SURJIT & KATHERINE & RM32 Condo Class III W SAGINAW ST UNIT 35 TOMLINSON CAROLE RM32 Condo Class III W SAGINAW ST UNIT 36 RENAISSANCE PROPERTY MANAGEMEN RM32 Condo Class III W SAGINAW ST UNIT 41 MARKETPLACE HOMES RM32 Condo Class III W SAGINAW ST UNIT 46 PRIME PROPERTY RM32 Condo Class III W SAGINAW ST UNIT 47 SANDY'S PROPERTY MGMT RM32 Condo Class III W SAGINAW ST UNIT 58 1ST CHOICE REAL ESTATE RM32 Condo Class III OAK HILL AVE APT 200 AAAJ HOLDING COMPANY RM32 Condo Class III OAK HILL AVE APT 201 DTN MANAGEMENT COMPANY RM32 Condo Class III OAK HILL AVE APT 202 DTN MANAGEMENT COMPANY RM32 Condo Class III OAK HILL AVE APT 204 SALVETTE EMILY & JOHN RM32 Condo Class III OAK HILL AVE APT 205 GILL LIZA RM32 Condo Class III OAK HILL AVE APT 206 DTN MANAGEMENT COMPANY RM32 Condo Class III OAK HILL AVE APT 300 PRIME PROPERTY RM32 Condo Class III OAK HILL AVE APT 301 SCHUPBACH MARJORIE LYNN RM32 Condo Class III OAK HILL AVE APT 302 DTN MANAGEMENT COMPANY RM32 Condo Class III OAK HILL AVE APT 303 STUMPOS LESLIE RM32 Condo Class III OAK HILL AVE APT 304 VERMEULEN MARGAUX RM32 Condo Class III OAK HILL AVE APT 305 DTN MANAGEMENT COMPANY RM32 Condo Class III

33 351 OAK HILL AVE APT 306 DTN MANAGEMENT COMPANY RM32 Condo Class III HILLSIDE CT #100 POLANSKI, KRISTEN RM32 Condo Class III HILLSIDE CT #101 DTN MANAGEMENT COMPANY RM32 Condo Class III HILLSIDE CT #102 DTN MANAGEMENT COMPANY RM32 Condo Class III HILLSIDE CT #103 DOUGLAS SHARON & TED & JONATHON RM32 Condo Class III HILLSIDE CT #104 PARKER STEPHEN & DEENA RM32 Condo Class III HILLSIDE CT #105 DTN MANAGEMENT COMPANY RM32 Condo Class III HILLSIDE CT #106 DTN MANAGEMENT COMPANY RM32 Condo Class III HILLSIDE CT #107 BRADY ELISE & RYAN RM32 Condo Class III HILLSIDE CT #2 YANG XIAOBING & ZHUO RAN RM32 Condo Class III HILLSIDE CT #3 TRAN HUONG & TRAN VINH RM32 Condo Class III HILLSIDE CT #4 DTN MANAGEMENT COMPANY RM32 Condo Class III HILLSIDE CT #5 DTN MANAGEMENT COMPANY RM32 Condo Class III HILLSIDE CT #7 DTN MANAGEMENT COMPANY RM32 Condo Class III HILLSIDE CT #8 CIESLIK MICHAEL, DAVID & PATRICIA RM32 Condo Class III W GRAND RIVER AVE ROSS REALITY VIII RM32 Single Family Class III GLENMOOR RD 1C HERNANDEZ RUDY RM32 Condo Class III GLENMOOR RD 2A SHERBY THOMAS & MARY (TRUST) RM32 Condo Class III GLENMOOR RD 2D SWITALSKI ANDREW RM32 Condo Class III GLENMOOR RD 3A & B KHADER GEORGE & RAWAN RM32 Condo Class III GLENMOOR RD 3D NYQUIST JEFFREY RM32 Condo Class III GLENMOOR RD 1B FAIRVIEW REALTY & MANAGEMENT RM32 Condo Class III GLENMOOR RD 2B NYQUIST JEFFREY RM32 Condo Class III GLENMOOR RD 2C LEE SUNG RM32 Condo Class III GLENMOOR RD 1B GREBNER MARK L RM32 Condo Class III GLENMOOR RD 2B BIGELOW RITA MACDONELL RM32 Condo Class III GLENMOOR RD 3B BIGELOW RITA MACDONELL RM32 Condo Class III ELM ST BC HOUSES LLC RM32 Single family Class IV LINDEN ST NEW MILLENIUM INVEST PROP LLC RM32 Single Family Class IV N HARRISON RD WELLS GOODSIR WELLS RM32 Single Family Class IV M A C AVE SETAS JAMES RM32 Single Family Class IV W GRAND RIVER AVE NEW MILLENIUM INVEST PROP LLC RM32 Single Family Class IV S HARRISON RD JG & JW INVESTMENT PROPERTIES LLC RM32 Single Family Class IV OAK HILL AVE HAGAN REALTY MANAGEMENT RM32 Single Family Class IV MILFORD ST HAUER II JOHN RM32 Single Family Class IV DURAND ST HAGAN REALTY INC RM32 Single Family Class IV

34 1780 WOODSIDE DR HAGAN REALTY INC RM32 Single Family Class IV N HARRISON RD HAGAN REALTY INC RM32 Single Family Class IV N HARRISON AVE NEXT GENERATION INVEST PROP LLC RM32 Single Family Class IV BEAL ST 222 BEAL STREET LLC RM32 Single Family Class IV ELIZABETH ST MROZOWSKI TIMOTHY & RITA & RM32 Single Family Class IV LINDEN ST MTH MANAGEMENT RM32 Single Family Class IV ELIZABETH ST BAIRD GARY & CATHERINE RM32 Single Family Class IV CHARLES ST HAGAN REALTY INC RM32 Single Family Class IV CHARLES ST DJH REALTY INC RM32 Single Family Class IV M A C AVE WALSH RAYMOND RM32 Single Family Class IV M A C AVE ROMIG GREG RM32 Single Family Class IV CHARLES ST SRP MANAGEMENT RM32 Single Family Class IV M A C AVE CASCADE BUILDING CO RM32 Single Family Class IV M A C AVE MTH MANAGEMENT RM32 Single Family Class IV ANN ST DJH REALTY INC RM32 Single Family Class IV M A C AVE GDI PROPERTIES INC RM32 Single Family Class IV M A C AVE SRP MANAGEMENT RM32 Single Family Class IV M A C AVE MTH MANAGEMENT RM32 Single Family Class IV M A C AVE SH RENTALS LLC RM32 Single Family Class IV M A C AVE GTW INVESTMENT PROPERTIES LLC RM32 Single Family Class IV ABBOT RD HAGAN REALTY INC RM32 Single Family Class IV ALBERT AVE METZGER REALTY INC RM32 Single Family Class IV ABBOT RD MTH MANAGEMENT RM32 Single Family Class IV M A C AVE WELLS GOODSIR HINER RM32 Single Family Class IV M A C AVE WITCZAK BREE RM32 Single Family Class IV ELM ST CRON MANAGEMENT RM32 Single Family Class IV M A C AVE MTH MANAGEMENT RM32 Single family Class IV ELM ST CRON MANAGEMENT RM32 Single Family Class IV SEVER DR PERVOLARAKIS, EMMANUEL RM32 Single Family Class IV OAK HILL AVE SRP MANAGEMENT RM32 Single Family Class IV KEDZIE ST THE THREE LITTLE PIGGIES LLC RM32 Single Family Class IV DURAND ST HAGAN REALTY INC RM32 Single Family Class IV ELIZABETH ST SRP MANAGEMENT RM32 Single Family Class IV DIVISION ST DJH REALTY INC RM32 Single Family Class IV M A C AVE GARRIEPY PAUL RM32 Single Family Class IV CHARLES ST METZGER REALTY INC RM32 Single Family Class IV

35 409 ANN ST DTN MANAGEMENT COMPANY RM32 Single Family Class IV ANN ST DJH REALTY INC RM32 Single Family Class IV M A C AVE CLARIZIO HARVEY AND DONNA J RM32 Single Family Class IV ABBOT RD SRP MANAGEMENT RM32 Single Family Class IV M A C AVE JG & JW INVESTMENT PROPERTIES LLC RM32 Single Family Class IV ABBOT RD SRP MANAGEMENT RM32 Single Family Class IV ABBOT RD SRP MANAGEMENT RM32 Single Family Class IV ABBOT RD HAGAN REALTY MANAGEMENT RM32 Single Family Class IV M A C AVE HAGAN REALTY MANAGEMENT RM32 Single Family Class IV W GRAND RIVER AVE WELLS GOODSIR INVESTMENT PROPER RM32 Single Family Class IV M A C AVE WHITMORE BRETT RM32 Single Family Class IV M A C AVE NEW MILLENIUM INVEST PROP LLC RM32 Single Family Class IV N HARRISON RD MTH MANAGEMENT RM32 Duplex Class III N HARRISON RD CLARIZIO HARVEY AND DONNA J RM32 Duplex Class IV BEECH ST SPIRIDAKOS GREGORY D RM32 Duplex Class IV LINDEN ST MTH MANAGEMENT RM32 Duplex Class IV BEECH ST SPIRIDAKOS GREGORY D RM32 Duplex Class IV HILLCREST AVE BAIRD GARY & CATHERINE RM32 Duplex Class IV S HARRISON RD SRP MANAGEMENT RM32 Duplex Class IV N HARRISON RD CLARIZIO HARVEY AND DONNA J RM32 Duplex Class IV & 233 BEAL ST CRON MANAGEMENT RM32 Duplex Class IV BEAL ST & 243 CRON MANAGEMENT RM32 Duplex Class IV CHARLES ST JG & JW INVESTMENT PROPERTIES LLC RM32 Duplex Class IV & 513 ALBERT AVE NEW MILLENIUM INVEST PROP LLC RM32 Duplex Class IV & 726 ALBERT AVE MTH MANAGEMENT RM32 Duplex Class IV SHORT ST THE THREE LITTLE PIGGIES LLC RM32 Duplex Class IV ALBERT AVE METZGER REALTY INC RM32 Triplex Class IV

36 Department of Planning & Community Development Staff Contact: David Haywood Phone Number: ZBA Agenda: April 11, 2018 STAFF REPORT 909 Sunset Lane April 6, 2018 Proposal A public hearing will be held to consider a variance request from John Johnson for the property located at 909 Sunset Lane, in the R-2, Medium Density Residential District from the following requirement of Chapter 50 - Zoning Code of the City of East Lansing: Sec Ground coverage, to increase the ground coverage from 39.4 percent to 47.7 percent, where 40 percent is allowed. The applicant is proposing to build a larger garage and replace the existing driveway. Background The applicant indicates that the existing garage is in disrepair and recently had a tree fall on it making it unstable. The proposal is to replace the existing garage, which is 18 feet by 18 feet, with a larger structure at 24 feet by 28 feet. The driveway is proposed to be replaced with slightly larger area. The existing shed will be removed.

37 909 Sunset Ln. Page 2 The subject property is located in the R-2, Medium Density Single-Family zoning district. The surrounding properties immediately adjacent to the subject parcel are all within the R-2 district as well. The subject property and surrounding properties are owner occupied. Standards of Review In order to grant a variance, the Zoning Board must first find that the application satisfies certain required conditions stated in Section 50-64(3)(a) of the Code, as follows: 1. The variance shall not be contrary to the public interest or the general intent and purpose of the Zoning Code; 2. The variance shall not permit the establishment of a use within a given district which is prohibited therein; 3. The variance shall not be a variance so commonly recurring as to make reasonably practical the formulation of a general regulation by the City Council; 4. The variance shall not cause substantial adverse effect to properties in the immediate vicinity or in the zoning district where the variance is located; and 5. The variance shall relate only to property that is described in the application for the variance. In addition, the Zoning Board must find that the application meets one of three special findings stated in Section 50-64(3)(b) of the Code, as follows: 1. Special Finding (1), that there are practical difficulties or unnecessary hardships resulting from the physical characteristics of the property in question which make it unfeasible to carry out the strict letter of the Zoning Code; 2. Special Finding (2), that there are exceptional or extraordinary circumstances or conditions which apply to the property in question that do not apply to other properties and which have not resulted from any act of the applicant subsequent to the adoption of the Zoning Code; 3. Special Finding (3), that such variation is necessary for the preservation of a substantial property right possessed by other properties within the same zoning district. Additionally, in granting a variance the Board may specify in writing such other conditions regarding the location, character, landscaping, or other treatment that will, in the Board's judgment, be reasonably necessary to the furtherance of the intent of the Zoning Code and the protection of the public interest. The breach of any such condition shall automatically invalidate the permit granted. Staff Comments The applicant states that the variation is necessary for the preservation of a substantial property right possessed by other property owners within the same zoning district. Whether

38 909 Sunset Ln. Page 3 the proposal rises to the level of preserving a substantial property right is up to the discretion of the Board. Possible Actions Following the public hearing on this appeal, if the Zoning Board finds that the application satisfies the required conditions stated above, it could grant the variance in accordance with, Special Finding (., (language of special finding. ; based on the following grounds: Follow-Up March 7, 2018 ZBA meeting The board requested more information on similar variances that have been approved near this property. Here are the recent variances that have been approved at addresses for properties in the surrounding blocks: 809 Westlawn (3 approved variances). The first two variances for this property were approved in One was approved for permitting a new driveway and garage where all on-site parking and access facilities do not comply with the code, specifically that there is no side yard driveway setback from the property line where 3 feet is required. Second, this property was permitted to have a ground coverage limit of 42.1% where 40% is required. In 2016 the ground coverage was again change to permit 44% total ground coverage, an increase on the previously approved variance by 1.09%. The variance in 2011 was approved for an extended driveway and garage that went around a tree in the yard, and in 2016 for the construction of a new porch. 836 Sunset. In 2016 a variance was approved to allow a 2.8 side-yard setback for an accessory building that is adjacent to a street, which means 20 is required, in order for the applicant to construct a new garage and driveway. The applicant stated that the property was small, and the garage was old and too small for their vehicles. The applicant also stated the garages on properties to the south of this lot were setback a lesser amount than the required setback as well. The proposed new garage was 24 x28. This is a corner lot, located on Centerlawn Avenue and Sunset Lane. For record of comparison the lot at 909 Sunset is acres, while the lot at 809 Westlawn is acres and the lot at 836 Sunset is acres. All lots are similarly sized. Since the March meeting, the applicant submitted a new site plan with decreased lot coverage of 44.67% instead of the initial request of 47.7%

39 CITY OF EAST LANSING AERIAL PHOTOGRAPH SUNSET LANE Zoning Board of Appeals Quality Services for a Quality Community

40 Grove Poplar oodcrest Red Oak Laurel Spu Hill Tulip Tree Pinoak CITY OF EAST LANSING ZONING MAP Sabron CITY OF EAST LANSING ZONING MAP Clarendon Oxford A* - Dewitt Township - AG B1-General Office Business B2-Retail Sales Business B3-City Center Commercial B4-Restricted Office Business Whitehills B5-Community Retail Sales Business od Glenhaven Ardson Clifton eal Zoning Board EAST of Appeals VILLAGE ter Rosewood Stuart Marshall illcrest Westlawn Baldwin CITY OF EAST LANSING ZONING MAP A* - Dewitt Township - AG B1-General Office Business B2-Retail Sales Business B3-City Center Commercial B4-Restricted Office Business B5-Community Retail Sales Business BC*-Dewitt Township - Business C-Community Facilities C-1* -Meridian Township Commercial D* - Bath Township - Development M1-Manufacturing Industry Dorothy Oakhill Hillside Delta Sunset 909 Sunset llege Forest Valley BC*-Dewitt Township - Business C-Community Facilities Centerlawn Evergreen Fern Library CITY OF EAST LANSING ZONING MAP C-1* -Meridian Township Commercial D* - Bath Township - Development EAST VILLAGE A* M1-Manufacturing - Dewitt Township Industry - AG B1-General M4*-Dewitt Township Office Business - Multiple Family B2-Retail OIP - Office Sales Industrial Business Park B3-City P- Parking Center Commercial B4-Restricted R1-Low Density Office Single-Family Business Residential B5-Community R2-Medium Density Retail Single-Family Sales Business Residential BC*-Dewitt R3-Single & Township Two Family - Business Residential C-Community R3* Dewitt Township Facilities C-1* RA-Residential -Meridian Township Ag Commercial Park Albert Ridg D* RDD*-Meridian - Bath Township Township-Multiple - Development Family Low Dens EAST RM08-Planned VILLAGEUnit Development M1-Manufacturing RM14-Low Density Industry Multiple Family M4*-Dewitt RM22-Medium Township Density - Multiple Family OIP RM32-City - Office Center Industrial Multiple Park Family Res P- RM54-University Parking Oriented Multiple Family Re R1-Low U- University Density Single-Family Residential R2-Medium Density Single-Family Residential R3-Single & Two Family Residential R3* Dewitt Township RA-Residential Ag RDD*-Meridian Quality Services Township-Multiple for a Quality Family Community Low Dens RM08-Planned Unit Development

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46 From: To: Date: Subject: Attachments: John Johnson 4/2/2018 5:03 PM 909 Sunset Lane Photos.zip David, I visited my neighbor at 809 Westlawn whose previous owner had a variance approved I believe in He has a similar lot to mine, being small narrow with the garage being behind the house. This pretty much forces you to have a long driveway to get to the garage. The variance required use of pervious concrete. Unfortunately the pervious concrete has not held up. I have added some photos of the driveway. This just increases my objection to the use of pervious concrete on my project with the clay soils on my lot. I have reduced my driveway width request from 10 feet to 8 feet which reduces the total first proposed non-green space of 3293 sq. ft. (47.7%) to 3084 sq. ft. (44.67 %). Thanks -- John Johnson

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