BOARD OF ZONING APPEALS AGENDA

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1 Chairperson BOARD OF ZONING APPEALS AGENDA 0BCity Hall Council Chambers- Lower Level 1B611 E. Grand River - Howell, MI Visit us online at Board members and other officials normally in attendance: 1. Vacant Board Member 2. David Holmes Board Member 3. Ken Keith Co-Chairperson 4. Victoria Hertrich Board Member 5. Sean Munsey Chairperson 6. Jacob Schlittler Board Member 7. Randall Mattson Board Member 8. Deanna Robson Recording Secretary 9. Timothy R. Schmitt Community Dev. Director 10. Dennis Perkins City Attorney 11. Vacant Board Member-Alternate 12. Vacant Board Member-Alternate Thursday, September 13, :00 p.m. 1. Approve minutes of the August 8, 2018 Meeting 2. # Lake Street (PID # ) Building Setback 3. Adjourn WELCOME! Visitors are cordially invited to attend all meetings of the Board of Zoning Appeals. If you wish to address the Board, you will be recognized by the Chairperson. NOTE: Please turn off or silence pagers and cell phones during meetings. In the case of An emergency, if page/call needs to be taken, please leave the Council Chambers.

2 City of Howell Board of Zoning Appeals August 8, 2018 City Hall Council Chambers 611 E. Grand River Howell, MI The meeting of the Board of Zoning Appeals was called to order by Chairman Munsey at 7:01 p.m. Present:, Sean Munsey, Ken Keith, Victoria Hertrich, Jeannette Ambrose, Jacob Schlittler, David Holmes, Randall Mattson (arrived at 7:02 p.m.), City Attorney Dennis Perkins, Community Development Director Timothy Schmitt, and Recording Secretary Deanna Robson. Absent: None. Guests: Theresa Dubiel and Patrick Glowacki. APPROVAL OF MINUTES OF June 13, 2018 MOTION by Hertrich, SUPPORT by Keith, To approve the minutes of the June 13, 2018 meeting. MOTION CARRIED (6-0). # WEST HIGHLAND ROAD (PID # ) FRONT YARD PARKING Chairman Munsey opened the public hearing at 7:02 p.m. Patrick Glowacki, 1114 S. Washington Ave., Lansing, stated that extra parking in the front of the lot is needed for meetings and visitors. Chairman Munsey closed the public hearing at 7:03 p.m. MOTION by Mattson, SUPPORT by Hertrich, To approve the requested variance to allow the majority of parking to be located in the front yard, where the ordinance requires the majority of parking to the located in the side or rear yard, based on the findings of fact below: A. That the restrictions of this Zoning Ordinance unreasonably prevent the owner from using the property for a permitted purpose of would render conformity unnecessarily burdensome; B. That the variance would do substantial justice to the applicant as well as to other property owners in the district and a lesser relaxation than that requested would not give substantial relief to the owner of the property or be consistent with the justice to other property owners; C. That the plight of the landowner is due to the unique circumstances of the property. D. That the alleged hardship has not been created by any person presently having an interest in the property. MOTION CARRIED (7-0).

3 Board of Zoning Appeals Meeting August 8, 2018 OTHER BUSINESS - SEPTEMBER MEETING DATE The Board scheduled the next meeting for Wednesday, September 12, ADJOURN MOTION by Mattson, SUPPORT by Ambrose, To adjourn the meeting at 7:05 p.m. MOTION CARRIED (7-0). Deanna Robson, Deputy City Clerk 2

4 CITY OF HOWELL VARIANCE ANALYSIS APPLICANT INFORMATION APPLICANT: ADDRESS: Paul Friday 313 Lake Street PROPERTY ID #: ZONING: R-1, Single Family Residential DATE: September 7, 2018 VARIANCES REQUESTED The applicant is requesting a variance to allow for the construction of a carport adjacent to the existing single-family detached home at 313 Lake Street. The following variance is being requested to allow the carport to be built as proposed: Section 5.02 Accessory Buildings, Structures, and Uses to allow the construction of the attached carport within one foot of the side property line where a minimum of three feet is required and within one foot of the main house where a minimum of ten feet is required. SUMMARY OF PROJECT The lot has an existing single family home on it with a partially paved driveway. There is no garage on the property, but there is a shed in the back corner of the lot. The lot was is an unplatted acreage lot was created from land adjacent to the Thompsons Addition to the City of Howell plat, which was platted in The current owners purchased the house in November They are proposing to add a carport over the driveway on the right had side of the property. They had the lot surveyed and provided a copy to Staff for review. Upon investigation, Staff determined that the survey was showing a smaller lot than the Friday s believed they purchased. In discussing the matter with the City Assessor, the legal description that exists for the lot doesn t close and approximately 14 feet of the lot where the driveway is located is not included in the legal description for this lot, or any of the surrounding lots. Determining the actual ownership of the area in question will take some surveying and legal research time. In the interim, the applicant has chosen to pursue a variance to build the carport on their lot.

5 #18-16 Variance Request 313 Lake Street Side Yard Setback Page 2 VARIANCE CONSIDERATIONS Section (Powers and Duties) of the City of Howell Zoning Ordinance gives the BZA the power to review applications for variances, review appeals from either administrative decisions or decisions of the Planning Commission, and grant variances from the strict provisions of the Zoning Ordinance when extraordinary or exceptional conditions exist for which the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to, or exceptional undue hardship upon, the owner of property. Relief from the Zoning Ordinance may be granted, but only without substantial detriment to the public good and without substantially impairing the intent and purpose of the Zoning Ordinance. To grant a use variance, the BZA must state the grounds upon which it justifies the granting of a variance, which is commonly called finding of fact. The BZA must provide findings of fact to show that if the Zoning Ordinance is applied strictly, practical difficulties are held against the applicant, including the following (from Section (e)): A. That the restrictions of this Zoning Ordinance unreasonably prevent the owner from using the property for a permitted purpose of would render conformity unnecessarily burdensome; The applicant cannot add a modern sized garage or carport adjacent to the house, due to the legal description issues. Even resolving the issue, placing a carport adjacent to the house will be difficult, to the angle of the eastern property line from back to front. B. That the variance would do substantial justice to the applicant as well as to other property owners in the district and a lesser relaxation than that requested would not give substantial relief to the owner of the property or be consistent with the justice to other property owners; The variance being requested is the smallest one that allows the applicant to build what they are asking for. If they are able to resolve the legal description issue, the setback would increase slightly, but a variance would still be required. There is no lesser relaxation of the standard or variance that would give the owner substantial justice. C. That the plight of the landowner is due to the unique circumstances of the property. The lot, as described by survey, has two issues that are causing the need for a variance. First, the lot that the owners thought they purchased is described as being approximately 14 feet narrower than they understood it to be. Secondly, the eastern property line angles towards the house from front to back, narrowing the lot. Combining the two issues creates a situation where the setback for an attached or detached accessory structure adjacent to the house will be extremely difficult. D. That the alleged hardship has not been created by any person presently having an interest in the property.

6 #18-16 Variance Request 313 Lake Street Side Yard Setback Page 3 The applicant did not create the legal description issue on the lot, but are working to try and resolve the issue if possible. STAFF REVIEW AND RECOMMENDATION This is the first time that Staff has run across a legal description that does not close to this extent. Typically, in this situation, one of the neighboring properties would also not close and the two property owners would be able to determine who owns what area. In this case, the neighboring lot is accurate along the property line in question and the error likely goes back to a surveying error when rods and chains were used as measuring descriptors. Additionally, it could be the case that the neighboring property owner actually does own the property in question. In any circumstance, the applicant has requested a variance to proceed with construction of a carport on their lot. The carport is technically not attached, so the setbacks for a detached structure apply. But this also requires a setback of ten feet from the main house. In this case, there is no way to build a two car garage or carport without either not meeting the setbacks or not meeting the building separation. Therefore, the applicant has requested the variance. They have not caused the situation, it was only discovered through the surveying of the lot done for the permit request to build the carport. Staff would recommend approval of the variance request. The applicant will still need to obtain all necessary building permits for the construction on the house and garage prior to work commencing.

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8 NS TAT E ST MON ROE ST LAKE ST INS Subject Property ST NB AR NA RD ST NC OU RT ST HIG G Date: 9/7/2018 Source: Livingston County & City of Howell GIS # Variance Lake Street Friday Residence

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