City of Dearborn Zoning Board of Appeals Wednesday, July 18, 2012 Minutes

Transcription

1 Called to Order: 5:35 p.m. City of Dearborn Zoning Board of Appeals Wednesday, July 18, 2012 Minutes Commissioners Present: Christopher Gibbs (Chairperson), Stephen Gedert (Vice Chairman) Kenneth Gusfa (Secretary), Susan Binder, and Gizela Weaver. Commissioners Absent: Gary Jefferson. Technical Advisors: Thomas Paison, Zoning Administrator; Stephen Guile, Commercial Services; Matt Zalewski, Assistant City Attorney. Approval of Minutes. Motion by Commissioner Binder, supported by Commissioner Gusfa that the minutes of the previous regular meeting of Thursday, June 21, 2012 are approved as recorded. Appeal # Mr. Ali Ftouni requested to have his appeal moved later into the hearing in order to give Mr. Mike Kobeissi, his architect, time to arrive. Chairperson Gibbs agreed and this item was moved to the end of the agenda with the concurrence of the Board. Appeal # From Nina Hadbah, Edna Street, Dearborn, MI requesting to retain a gazebo, pergola and tree house constructed without required permits and zoning approvals. The property size being 80' x 148', in a One-Family Residential (RA) zoning district at: Edna Nina Hadbah, Edna Street, Dearborn, was introduced. Mr. Paison summarized the city staff report dated June 28, 2012 into the record. Mr. Paison explained that the 4 variances requested are based on the accessory structure requirements. The first variance deals with fire separation requirement. City staff has determined that pergolas and gazebos have no significant impact on fire safety issues so long as they don t create a bridge between a storage building and the house. The decision to retain the tree house basically depends on the Zoning Board because tree houses are not a listed permitted accessory structure and Board approval is required for unlisted structure type. The standard in those cases falls to compatibility with the principal use and structure in most cases. Mr. Paison reported that there continues to be discussion within the Staff and Administration as to what is acceptable regarding the dimensions of gazebos and pergolas and this issue may be revisited soon. The Board has permitted larger gazebos on larger lots in the past. With regard to the issue of the work being done without permits Mr. Zalewski reported that the contractor that built these has been prosecuted and heavily fined for working without permits. Mr. Paison reported to the Board that there are no issues with pavement or lot coverage

2 for this property. The appellant has been approved to combine parcels and will have the assigned parcel ID in January, Mr. Paison explained the following key facts bearing on this appeal: The lot is larger then typical for Dearborn and the immediate area. The site as proposed would meet the lot coverage and setback requirements, so it appears to have adequate capacity to accommodate the accessory structures. The structures have been examined by field inspectors and are well built and attractive. Millard Berry, Edna, Dearborn, supports this appeal and finds no issue with keeping the structures. Chairperson Gibbs reported that there were several outside correspondences supporting this appeal. RESOLUTION. Motion by Commissioner Gusfa, supported by Commissioner Binder, for the reasons and subject to the facts, representations and stipulations stated on the record during the public hearing, to APPROVE WITH CONDITIONS, the variances detailed below: 2.03(C.2.d) Setback from house. Zoning requirement: 10 feet. Plan to provide: 5 feet is APPROVED WITH CONDITIONS (DZO 32.05, F.1.m). 2.03(D.3) Other accessory structures. Zoning requirement: ZBA approval. Plan to provide: Tree house w/ storage space below is APPROVED WITH CONDITIONS (DZO 32.05, F.1.m). 2.03(D.3) Gazebo size. Zoning requirement: Max. 100 s.f. Plan to provide: 140 s.f. is APPROVED WITH CONDITIONS (DZO 32.05, F.1.m). 2.03(D.3) Pergola size. Zoning requirement: Max. 100 s.f. Plan to provide: 480 s.f. is APPROVED WITH CONDITIONS (DZO 32.05, F.1.m). Approval of this appeal is CONDITIONED as follows: 1) None of the structures shall be rebuilt in the future except in full conformance with the code in effect at the time. The rules for the maintenance of nonconforming structures shall be followed with regard to the gazebo, pergola and tree house included in this appeal. Appeal # From William Ruch, Oxford, Dearborn, MI requesting to build a new garage to

3 replace an existing garage damaged by a tree fall. The property size being 40' x 142', in a One-Family Residential (RA) zoning district at: Oxford William Ruch, Oxford, Dearborn, was introduced. Mr. Paison summarized the city staff report dated June 29, 2012 into the record. Mr. Paison explained that the previous garage was 1 foot from the property and the appellant would like to build the new garage in roughly the same location due to the configuration of the lot and pool location. He recommended that the requirement for gutters and pavement along the side of the garage for 18 inch setbacks on narrow lots be applied here as well. Mr. Ruch informed the Board that a new slab and rat wall will be installed, the existing one having been badly damaged when the tree fell and was removed. Mr. Paison explained the following key facts bearing on this appeal: The lot is deeper then typical for Dearborn. The home was built in The existing garage was damaged by a tree fall; this was not an elective demolition. There is an existing aboveground pool in the yard alongside the garage location that limits the ability to freely relocate the structure. RESOLUTION. Motion by Commissioner Gusfa, supported by Commissioner Gedert, for the reasons and subject to the facts, representations and stipulations stated on the record during the public hearing, to APPROVE WITH CONDITIONS, the variances detailed below: 2.03(C.2.b) Garage side setback. Zoning requirement: 3 feet. Plan to provide: 1.5 feet is APPROVED WITH CONDITIONS (DZO 32.05, F.1.h, j). Approval of this appeal is CONDITIONED as follows: 1) The garage shall meet the requirements for the exception for an 18 inch setback on 35 foot wide lots. Appeal # From Mrs. Celia & Mr. Mahmoud Nasser, Yogurtown, 708 S. Brady, Apt A, Dearborn, MI requesting to renovate and reoccupy an existing commercial building for use as a restaurant. The property size being 15.5' x 200', in a General Business (BC & BD) zoning district at:

4 22055 Michigan Mrs. Celia & Mr. Mahmoud Nasser, Yogurtown, 708 S. Brady, Apt A, Dearborn, were introduced. Mr. Paison summarized the city staff report dated June 29, 2012 into the record. Mr. Paison reported that this building shares a parking lot that straddles three separate parcels with a nearby wig shop and Mexican restaurant, which was approved by the City in Mr. Paison stated there is public parking to the south of this site, providing more parking for this property. He stated that the code requirement for off-street parking is 12 spaces, not 28 spaces as indicated in the city staff report. Mr. Paison explained the following key facts bearing on this appeal: The building was constructed in 1927 and appears to have been dependent on public parking to some degree for decades. There are over 500 public parking spaces in lots within 300 feet of the site. Chairperson Gibbs reported that there were outside correspondences opposing this appeal based on their concerns of parking issues from the neighboring businesses. Mr. Paison and Mr. Guile explained the specifics of Special Assessment Districts to Commissioner Gusfa. Commissioner Gusfa suggested that the appellant be subject to any Special Assessment District that may be established for parking, should nearby public paid parking be eliminated. Chairperson Gibbs reported that Parking Variance Advisory Committee report, dated July 3, 2012, approves the parking variance for this appeal. RESOLUTION. Motion by Commissioner Gusfa, supported by Commissioner Gedert, for the reasons and subject to the facts, representations and stipulations stated on the record during the public hearing, to APPROVE WITH CONDITIONS, the variances detailed below: 17.03(F) Off-street parking. Zoning requirement: 12 spaces. Plan to provide: 0 spaces is APPROVED WITH CONDITIONS (DZO 32.05, F.1.j,n). Approval of this appeal is CONDITIONED as follows: 1) If the nearby public paid parking is ever eliminated, this property shall be subject to any Special Assessment District that may be established for parking. Appeal # From Mike Kobeissi, Kobeissi Associates, Inc., Michigan, Dearborn, MI requesting to renovate and reoccupy an existing industrial building for selective recycling of automotive components. The property size being irregular, in a Intensive Industrial (IC) zoning

5 district at: 8501 Brandt Mike Kobeissi, Kobeissi Associates, Inc., Michigan, Dearborn, was introduced. Commissioner Binder recused herself from this appeal due to her participation regarding Special Land Use and Site Plan approval for this project at a previous City Planning Commission meeting. Mr. Paison summarized the city staff report dated June 28, 2012 into the record. Mr. Paison reported that the site plan had been approved at the City Planning Commission on July 9, 2012, allowing special land use for auto wrecking and selective recycling of high value automotive components. The proposed auto recycling did not exist when the code requirements for junk yards was implemented and probably are not entirely appropriate to this use. Mr. Paison reported that the site will need a substantial amount of maintenance and the appellant will have to take measures in order to prevent vandalism on this property. He also explained that the property sits on an irregularly shaped site and abuts a railroad R.O.W. and other industrial properties. Mr. Paison suggested the conditions of storing no more than 25 cars on this site at one time and that the cars shall not be stacked higher than the screening wall nor be visible from the outside of the property over the wall. Mr. Kobeissi reported that the proposed business is a part of a recycling chain and submitted a copy of the sequence of operation to the Board. Mr. Kobeissi then explained the process of the operation to the Board and added that the building will be completely renovated with an alarm system. Mr. Ali Ftouni, 5643 Dacosta, Dearborn Heights, business owner, explained to the Board that the cars will be moved by an hi-lo and that the business is not a junk yard business, but a recycling business. He explained that the cars will not remain on the property longer than a few days and will be removed once the wanted components are removed from each vehicle. Mr. Ftouni stated that the 25 cars will include vehicles on the inside and outside of the building and the cars will not be stacked. RESOLUTION. Motion by Commissioner Gusfa, supported by Commissioner Weaver, for the reasons and subject to the facts, representations and stipulations stated on the record during the public hearing, to APPROVE WITH CONDITIONS, the variances detailed below: 7.02(I.1) Min. lot area. Zoning requirement: Min. 5 acres. Plan to provide: 0.53 acres is APPROVED WITH CONDITIONS (DZO 32.05, F.1. j, l). 7.02(I.2) Setbacks. Zoning requirement: Min. 100 feet. Plan to provide: 6' 5" is APPROVED WITH CONDITIONS (DZO 32.05, F.1. j, l). Approval of this appeal is CONDITIONED as follows: 1) No more than 25 cars shall be stored on this site at one time. 2) Cars shall not be stacked; they shall not be visible from outside the site over the top of the wall.

6 Meeting Adjourned: [6:38] p.m. Approval of Minutes on August 16, Motion by Commissioner Binder, supported by Commissioner Gedert that the minutes the regular meeting of July 18, 2012 are approved as recorded.