ZONING BOARD OF APPEALS Quality Services for a Quality Community

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ZONING BOARD OF APPEALS Quality Services for a Quality Community MEMBERS Brian Laxton Chair John Cahill Vice Chair Nicholas Kipa Caroline Ruddell Travis Stoliker Chris Wolf Vacancy City Council

1 ZONING BOARD OF APPEALS Quality Services for a Quality Community MEMBERS Brian Laxton Chair John Cahill Vice Chair Nicholas Kipa Caroline Ruddell Travis Stoliker Chris Wolf Vacancy City Council Liaison and Alternate Ruth Beier Staff Liaison Darcy C. Schmitt (517) City of East Lansing DEPARTMENT OF PLANNING, BUILDING & DEVELOPMENT 410 Abbot Road East Lansing, MI (517) AGENDA March 4, :00 p.m. 54B District Court, Courtroom Linden Street 1) OPENING A) Roll Call B) Approval of Agenda C) Approval of Minutes January 7, ) COMMUNICATIONS A) Council Liaison B) Written C) Oral 3) NEW BUSINESS A) An appeal from Gerald G. Kaplan for the property located at 831 Grand River Avenue, in the RM32, City Center MultipleFamily Residential District, from the following requirement of Chapter 50 Zoning Code of the City of East Lansing: 4) OLD BUSINESS 5) STAFF REPORTS a. Article V. Sec (2)(e) Ground Coverage, to increase the ground coverage from 63.6 % to 66.5 % where 60% is allowed. The applicant is proposing a small addition to the existing building and a patio 6) BOARD MEMBER CONCERNS 7) ANNOUNCEMENTS 8) ADJOURNMENT East Lansing Zoning Board of Appeals Agenda March 4, 2015, Page 1 of 1

2 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 offstreet 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 Nicholas Kipa Travis Stoliker Vacancy John Cahill Vice Chair Caroline Ruddell Chris Wolf Alternate Ruth Beier Darcy C. Schmitt, Secretary (517)

3 ZONING BOARD OF APPEALS Quality Services for a Quality Community MEMBERS Chair Brian Laxton Vice Chair John Cahill Nick Kipa Nathan Mitchell Caroline Ruddell Travis Stoliker Chris Wolf City Council Liaison and Alternate Ruth Beier Staff Liaison Darcy C. Schmitt (517) City of East Lansing DEPARTMENT OF PLANNING, BUIL.DING & DEVELOPMENT 410 Abbot Road East Lansing, MI (517) MINUTES January 7, :00 p.m. 54B District Court, Courtroom Linden Street Present: Absent: Staff Present: 1) OPENING Cahill, Kipa, Laxton, Mitchell, Ruddell, Stoliker, and Wolf None Schmitt A) Roll Call Schmitt called the meeting to order at 7:00 p.m. At the calling of the roll, all members were present. B) Election of Chair and Vice Chair Motion: It was moved by Mitchell and seconded by Ruddell to nominate Laxton as Chair. Vote: All yeas. Motion carried unanimously by a vote of 7 to 0. Motion: It was moved by Ruddell and seconded by Laxton to nominate Cahill as Vice Chair. Vote: All yeas. Motion carried unanimously by a vote of 7 to 0. C) Approval of Agenda Motion: It was moved by Kipa and seconded by Stoliker that the agenda be approved. Vote: All yeas. Motion carried unanimously by a vote of 7 to 0. D) Approval of the Minutes Motion: It was moved by Cahill and seconded by Wolf that the minutes of November 5, 2014 be approved as presented. Vote: All yeas. Motion carried unanimously by a vote of 7 to 0. 2) COMMUNICATIONS East Lansing Zoning Board of Appeals Minutes January 7, 2015 Page 1 of 4

4 A) Council Liaison None B) Written None C) Oral None 3) NEW BUSINESS A) 1521 Cahill Drive APPEAL from Michael Philip and Elizabeth Martin requesting a variance for the property located at 1521 Cahill Drive, in the R1, Low Density SingleFamily Residential District, from the following requirement of Chapter 50 Zoning Code of the City of East Lansing: a. Article III. Section 50144(6), to allow a window well to encroach into 37.5% of the required yard setback where a 25% encroachment is allowed. The applicant is requesting the variance to install a retaining timber wall around an egress window. Cahill stated for the record that the Cahill Gardens Platt was built by a relative (first cousin of his paternal grandfather) but presents no conflict of interest. D. Schmitt presented the Staff Report noting the location and zoning of the property and the surrounding area. Cahill asked what the requirement is for how wide an egress window has to be. Schmitt replied that she does not know what year the Michigan Building Code required a standard width but the City uses the 2012 Code which has a requirement for any living space in the basement. Wolf stated that he was unaware of the standards for any living space as he thought it was only for bedrooms. Michael Philip, 1521 Cahill Drive, the applicant addressed the Commission and gave a brief history of the basement. Mr. Philip stated that when the house was built in the 1950 s it was built to the maximum available size in comparison to the lot. He further stated that there is a deck and porch on the rear of the house and the entire back of the house cantilevers two feet over the foundation; which by Code makes it impossible to install an egress window. Motion: It was moved by Cahill and seconded by Stoliker to grant variance approval for the request from Michael Philip and Elizabeth Martin for the property located at 1521 Cahill Drive, from the following requirements of Chapter 50 Zoning of the Code of the City of East Lansing: a. Article III. Section 50144(6), to allow a window well to encroach into 37.5% of the required yard setback where a 25% encroachment is allowed. East Lansing Zoning Board of Appeals Minutes January 7, 2015 Page 2 of 4

5 The Board finds that under 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; based on the following grounds: 1. It is a minimal encroachment of the setback. 2. Presence of an egress window encourages safety. 3. Practical difficulties in placing the egress window at the front of the house since it would need to be located under a first floor window. 4. The building codes have changed since the structure was built to require an egress window. Laxton stated that he would be supporting the variance request for the reasons stated by Cahill and as Schmitt stated that there is conflict in the codes. He continued that based upon the characteristics of the home the side would be by far the best location for the required window well. Wolf stated that he would also be voting in favor of the variance request for the same reasons already stated but mostly he is convinced by the fact that when the house was building the code did not require an egress window. He further stated that the variance request is due to the current code requirement and the other locations around the house are impractical. Vote: All yeas. Motion carried unanimously by a vote of 7 to 0. B) Approval of the 2015 Zoning Board of Appeals Meeting Schedule Motion: It was moved by Ruddell and seconded by Kipa to approve the 2015 meeting scheduled of the Zoning Board of Appeals. Vote: All yeas. Motion carried unanimously by a vote of 7 to 0. 4) OLD BUSINESS None 5) STAFF REPORTS None 6) BOARD MEMBER CONCERNS Wolf asked for an update on the Lingg Brewer s project. Schmitt replied that they have filed an appeal with the Circuit Court; however, they are now asking that it be held because they are submitting a new plan. Cahill commended and thanked Wolf for his service as Chair of the ZBA. He further stated that he enjoyed working under Wolf s leadership and appreciated his attention to detail and adherence to the Code. Laxton echoed Cahill s comments and thanked Mitchell as well. 7) ANNOUNCEMENTS Mitchell stated that he has sold his house and will be moving out of state. East Lansing Zoning Board of Appeals Minutes January 7, 2015 Page 3 of 4

6 The Board discussed the need to fill Mitchell s vacancy and the need for an alternate. 8) ADJOURNMENT There being no further business, the meeting was adjourned at 7:34 pm. Brian Laxton Chair Darcy C. Schmitt Secretary East Lansing Zoning Board of Appeals Minutes January 7, 2015 Page 4 of 4

7 Department of Planning & Community Development Staff Contact: Darcy C. Schmitt Phone Number: ZBA Agenda: March 4, 2015 STAFF REPORT February 28, East Grand River Avenue Proposal Gerald G. Kaplan is requesting a variance for the property located at 831 Grand River Avenue, in the RM32, City Center MultipleFamily Residential District, from the following requirement of Chapter 50 Zoning Code of the City of East Lansing: a. Article V. Sec (2)(e) Ground Coverage, to increase the ground coverage from 63.6 % to 66.5 % where 60% is allowed. The applicant is proposing a small addition to the existing building and a patio. Background The existing building at 831 East Grand River Avenue is a two and onehalf story brick building built in approximately Plans for the current building were approved by the City Council in 1987, subject to a series of conditions. Since its construction, the building has been licensed as a Class B apartment building, which allows boarding rooms that have no independent cooking facilities, similar to a fraternity/sorority building. The rental license is up to date and allows up to 60 persons to reside in the building. The basement is not habitable. The property has frontage on both Grand River Avenue and Kedzie Street, and the alley located between Grand River Avenue and Ann Street. Parking can be accessed from either the alley or Kedzie Street. The surrounding area is a mix of uses, as the property is located on the edge of downtown. The site is zoned RM32, City Center MultipleFamily Residential. The properties immediately to the north and the west are also zoned RM32. The properties to the north include a singlefamily home that has been converted to a rental property and two apartment buildings. The properties to the west include the Christian Men's CoOperative and the Sigma Chi fraternity. Further to the north are properties zoned R2, Medium Density, SingleFamily Residential district. These properties are largely singlefamily homes that have been converted to rental properties. To the east, the properties are zoned B2, Retail Sales Business district. There are multiple one and twostory office/commercial buildings east in the next block. The property immediately to the east is currently under construction for a fourstory, mixeduse structure, replacing the previous onestory office building. And to the south is the campus of Michigan State University, which is zoned U, University.

831 East Grand River Avenue Page 2 The applicant is proposing an interior renovation and an addition to the building to accommodate 16 additional occupants where 60 occupants are currently allowed

8 831 East Grand River Avenue Page 2 The applicant is proposing an interior renovation and an addition to the building to accommodate 16 additional occupants where 60 occupants are currently allowed for an overall occupancy of 76. The 764 square foot addition is proposed for the south side of the building. A 1050 sq. ft. patio is also proposed at the southeast corner of the building. At their January 14, 2015 meeting, the Planning Commission took action on a Site Plan and Special Use Permit. With nine (9) members present the Planning Commission voted unanimously to recommend City Council approve the application conditioned on the applicant receiving a variance. At their February 17, 2015 meeting, the City Council approved the application conditioned on the applicant receiving a variance. 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 5064(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

9 831 East Grand River Avenue Page 3 (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 5064(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 following are calculations showing how each improvement increases the ground coverage. If the Board finds that the application meets the standards of approval and chooses to approve the application, Staff recommends that any new paving be of pervious material as approved by the Director of Public Works. Existing Ground Coverage 63.6% Existing Ground Coverage plus building addition 64.2% Existing Ground Coverage plus building addition and patio 66.5%

10 CITY OF EAST LANSING AERIAL PHOTOGRAPH Zoning Board of Appeals Quality Services for a Quality Community

11 CITY OF EAST LANSING ZONING MAP GRAND RIVER AVENUE Zoning Board of Appeals Quality Services for a Quality Community

12 Bailey Bogue Orchard Kedzie Durand River Milford Cornel RENTAL MAP Snyder Division Alley R Sycamore e Legend Class I Class II torium Class III Class IV Class V Class VI Butterfield Chittenden Alley Physics Linden Cedar Ann Short Waters Edge Gunson Stoddard Albert Woodmere Stoddard Stodda Spartan Beec Frye

13 CITY OF EAST LANSING ZONING VARIANCE APPLICATION 1/9/15 PROPERTY ADDRESS: PARCEL ID NO(S): PROPERTY OWNER: (Or its legal representative) Mailing Address: Address: Office/Cell/Fax Numbers: APPLICANT: (If not property owner) Mailing Address: Address: Office/Cell/Fax Numbers: 831 E. Grand River, E. Lansing, MI Lots 14, 15, 16, 17 Fairview, Section 18, T4N, R1W Western Golf Association / Jeff Harrison, VP Education 1 Briar Road, Golf, I harrison@wgaesf.org (847) ext Gerald G. Kaplan, AIA 5062 Arrowhead, W. Bloomfield, MI gkap001@gmail.com (248) LEGAL STANDING: (If nonowner applicant) Consultant/Architect PROPOSED ACTION(S): Expansion of the existing building by a total of 798 SF (two stories) and (Describe proposed improvements) replacement of existing wood deck on west side by new patio on east side, plus landscaping improvements. Also, minor walkway repairs/additions and adding bicycle rack areas per city requirements (repl. wood patio). The addition would enlarge existing bedrooms and allow for an increase in number of scholars to 76. VARIANCE REQUESTED: Chapter 50 Section: (i.e. setback, coverage, etc.) (Staff) RATIONALE FOR VARIANCE: In order to grant a variance, the Zoning Board must find that the application meets several required Variance Conditions and one of three Special Findings, as specified in Section of the Zoning Code. Please read Section 5064 (attached) and describe below how your application would satisfy one or more of the Special Findings. 1. The building's capacity is currently maximized, and allows for 60 students. This project will allow the Evans Scholarship Program to add 16 more students. 2. The existing wood deck (707 SF) is insufficient in size and is in poor shape. The new patio (1,050 SF)will add aesthetical and practical value to the facility. [Continued on next page]

14 I (we) hereby grant permission for members of the East Lansing Zoning Board of Appeals, its staff and its consultants the right to enter onto the property described in this application in my (our) absence for the purpose of gathering information, including but not limited to the taking and use of photographs. Please check one: Yes No X By the signature(s) below, I (we) certify that the information provided in this application, including the accompanying plans and other documentation is, to the best of my (our) knowledge, true and accurate. 1/30/15 1/30/15 Owner (mandatory) Date Applicant Date INSTRUCTIONS: 1. Complete all sections of the application; add additional sheets or information as needed. The current property owner must sign the application. 2. A nonrefundable $ filing fee, payable to the City of East Lansing, must be paid at time of filing an application. 3. At a minimum you must provide a survey, plot plan or accurate site plan for all specific variances from such dimensional requirements as lot area and width regulations, building height, bulk regulations, yard width, side and depth regulations and offstreet parking and loading requirements. Other information, such as pictures and building plans, may be useful. 4. All applications must be received by the Department of Planning & Community Development four weeks prior (see schedule) to the date of the Zoning Board's meeting, to be placed on the Board's agenda. 5. It is essential to appear at the hearing in person or to be represented by a duly authorized agent. SUBMIT TO: Department of Planning, Building and Development East Lansing City Hall, Room 222, 410 Abbot Road, East Lansing, MI Phone: (517) Fax: (517) dschmitt@cityofeastlansing.com For Office Use: DATE RECEIVED: ZBA HEARING: MATERIALS SUBMITTED Site Plan/Survey Building Plan(s) Written Information Other Fee: $ Check No: Date: By: Wetland: Y N Flood Plain: Y N Historic District: Y N DDA Area: Y N Note: If the application involves property which falls within any of the above designated special areas, review by one or more other City boards or commissions will likely be required and may affect the overall review schedule.

15 DESIGNED BY: CHECKED BY: APPROVED BY: DWG'S MOD BY: PLOTTED BY: FEDEWA, GARY 1/8/2015 9:14 AM S:\2014\140163_EvansScholarsHouse\Drawings\sheets\ Evans House Site Plan Display.dwg PROPOSED SITE PLAN C2AE.STANDARD.STB WE RECYCLE REVISIONS 2014 C2AE. NOT TO BE REPRODUCED OR DISTRIBUTED WITHOUT PRIOR WRITTEN CONSENT FROM C2AE. ALL RIGHTS RESERVED. SCALE: AS SHOWN PROJ. #: DATE: NOV 7, 2014 SHEET C101 PROPOSED SITE PLAN EVANS SCHOLARSHIP HOUSE ADDITION 831 E. GRAND RIVER AVE., EAST LANSING, MICHIGAN elevating human achievement SITE PLAN SUBMITTAL

ZONING BOARD OF APPEALS Quality Services for a Quality Community

ZONING BOARD OF APPEALS Quality Services for a Quality Community MEMBERS Brian Laxton Chair Caroline Ruddell Vice Chair Konrad Hittner Patrick Marchman Eric Muska John Robison Travis Stoliker Alternate