PROPOSED AGENDA CHARTER TOWNSHIP OF BRIGHTON APRIL 26, 2017 ZONING BOARD OF APPEALS REGULAR MEETING 4363 BUNO ROAD 7:00 P.M. BRIGHTON, MI 48114 (810) 229.0562 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. CALL TO THE PUBLIC E. AGENDA F. MINUTES 1. MARCH 22, 2017 REGULAR MEETING G. BUSINESS 1. ZBA APPLICATION#: 17/02; LOCATION: 8278 WOODLAND SHORE DRIVE; TAX ID#: 12-18-304-042; OWNER AND APPLICANT: STEVEN BELANGER; ZONING: R-5 (WATERFRONT RESIDENTIAL) a. Variance from Article 3-03(a), District Regulations, Natural Features/Waterfront Setback, of the Zoning Ordinance. b. Variance from Article 3-03(a), District Regulations, Lot Coverage, of the Zoning Ordinance. H. REPORTS AND CORRESPONDENCE I. CALL TO THE PUBLIC J. ADJOURNMENT The Charter Township of Brighton will provide the necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and audiotapes of printed materials being considered at the meeting to individuals with disabilities at the meeting upon 10 days notice to the Charter Township of Brighton, Attn: Township Manager. Individuals should contact the Charter Township of Brighton by writing or contacting the following: Kelly Mathews, 4363 Buno Road, Brighton, MI 48114. Telephone: 810-229-0562 or e-mail at planner@brightontwp.com.
MEMORANDUM TO: BRIGHTON TOWNSHIP RESIDENTS FROM: ANN M. BOLLIN, CLERK SUBJECT: ZONING BOARD OF APPEALS ELECTRONIC PACKETS DATE: MAY 6, 2016 Packets for the Brighton Township Zoning Board of Appeals meetings posted to the website contain scanned original documents. These electronic packets are subject to change based on meeting material presented to the Zoning Board of Appeals throughout the course of the meeting. For a complete original packet following the Zoning Board of Appeals meeting contact the Clerk s Office at 810-229-0560 or via email: clerk@brightontwp.com
PROPOSED MINUTES CHARTER TOWNSHIP OF BRIGHTON MARCH 22, 2017 ZONING BOARD OF APPEALS REGULAR MEETING 4363 BUNO ROAD 7:00 P.M. BRIGHTON, MI 48114 (810) 229.0562 Chairperson F. Grapentien called the meeting to order at 7:00 P.M. The Pledge of Allegiance was said. Present: F. Grapentien, J. Dorset, S. Theis, J. Cogley, J. Gibbons, J. McKeon, J. Stinedurf CALL TO THE PUBLIC None. AGENDA J. Dorset moved and J. McKeon seconded to approve the agenda as presented. Motion carried. MINUTES J. Dorset moved and J. Gibbons seconded to approve the January 25, 2017 regular meeting minutes as presented. Motion carried. ZBA APPLICATION # 17/01; LOCATION: 5454 OLD 23; TAX ID # 12-32-104-077; OWNER AND APPLICANT: PDK GROUP LLC/PAUL ALMASHY (ULTIMATE BODY); ZONING: B-3 (SPECIAL BUSINESS) a. Variance from Article 17-06(24)g., Aggregate Wall and Window Signage, and Article 17-06, Amount of Glass Surface for Window Signage, of the Zoning Ordinance. b. Interpretation of the term "mural", Article 25, Sec. 25-10, of the Zoning Ordinance. Applicant Representatives Kevin Rocheleau and Ron Overbeck, W-4 Signs, and Applicant Paul Almashy, were in attendance. Applicant Representative K. Rocheleau explained their request of variances from Article 17 of the Zoning Ordinance, Sign Regulations; specifically, the applicant is requesting additional window signage and glass coverage to allow the car graphics to be included on the south and west elevations. K. Mathews reviewed her report dated January 25, 2017. The ZBA had a lengthy conversation on window signage. PUBLIC HEARING The public hearing opened at 7:38 P.M. Nick Fiani - Spoke about the definition of "mural" in the Zoning Ordinance; the cost that the owner has invested in the graphics; the cost of removal of the graphics if required. The public hearing closed at 7:39 P.M. J. Stinedurf moved and J. Dorset seconded to discuss the interpretation of the term "mural". Ayes: J. Dorset, S. Theis, J. Stinedurf, F. Grapentien, J. Cogley Nays: J. McKeon, J. Gibbons Motion carried. The ZBA reviewed the description of "mural" in Article 17-06 (18) and the definition of "mural" in Article 25, Sec. 25-10. b. S. Theis moved and J. Stinedurf seconded to interpret the term "mural" to allow the window graphics as presented in the ZBA packet to fall within the guidelines of the Brighton Township Zoning Ordinance, Sec. 17-06 (18), for ZBA Application # 17/01; Location: 5454 Old 23; Tax ID # 12-32-104-077; Owner Page 1 of 2 Charter Township of Brighton - ZBA Minutes - March 22, 2017 Regular Meeting Approved-
and Applicant: PDK Group LLC/Paul Almashy (Ultimate Body); Zoning: B-3 (Special Business) due to the clarifying language "shall" in Sec. 17-06 (18) of the Zoning Ordinance. Ayes: S. Theis, J. Gibbons, J. Stinedurf, J. Dorset, F. Grapentien, J. Cogley Nays: J. McKeon Motion carried. a. Variance from Zoning Ordinance Article 17-06(24)g., Aggregate Wall and Window Signage, and Article 17-06, Amount of Glass Surface for Window Signage. This motion ws not acted on due to it being moot since the motion above was to interpret the term "mural" to include the graphics presented by the Applicant. REPORTS AND CORRESPONDENCE F. Grapentien - Board of Review (Veterans' exemptions) and Utilities Committee (None). J. Stinedurf - Planning Commission update including Encore Village and Wholesale Motor Sports. S. Theis - Township Board update including Encore Village and budget planning. CALL TO THE PUBLIC None. J. Cogley moved and J. Dorset seconded to adjourn. Motion carried. The meeting adjourned at 8:15 p.m. Respectfully submitted, Frank Grapentien, Chairperson John Gibbons, Secretary Kelly Mathews, Recording Secretary Ann M. Bollin, CMC, CMMC, Clerk Page 2 of 2 Charter Township of Brighton - ZBA Minutes - March 22, 2017 Regular Meeting Approved -
8278 Woodland Shores Drive N A 0 10 20 40 60 Charter Township of Brighton 80 Feet
V 0401t. l id Livingston County, Michigan Information Technology Department G.I.S. Division 517.548.3230 Feet 20 10 0 20 40 60 12-18-304-042 'COO S Orthopholos Flown Spring 2015 Printed Dale: March 15, 2017 Parcel lines are a representation only; Not intended for survey purposes.
CHARTER TOWNSHIP OF BRIGHTON!aft I ITLITI M111 11 I Lam Ill rrumi mai 141 Lidi LE1[1111 Malan I 1111.1111.1111 111 4363 Bu o Rd. Brighton, Michigan 48114-9298. Telephone: (810)229-0550 Fax: (810) 229-1778 www.brightontwp.com ZON NG BOARD OF APPEALS APPLICATION I. Date Filed 3. ZBA Number 2. Meeting Date 4. Fee Paid 5. Applicant Information Name Address City/State/Zi Phone Email Te aci -Er (P). cikt-orn M't g / le VO-,121-7, W18.0 Fax e6 3 '7 Interest in the Property (e.g. fee simple, land option, etc.) `taproperty Owner Other (Specify) 6. Current Property Owner Information bla css, Cal REik111 1 MAR 2 2017 Name Address City/State/Zip Phone Length of Ownership brk A6x) L Fax 7. Location of Property for which the Variance is Requested Address Cross Streets Tax I.D. # 3,27g uk)(0a tavo 8. Property Information _ Zoning District Area (Acreage) 121 )06 Width Current Use Q-e.S 6.-e AQ,...A Depth
Charter Township of Brighton Page 2 Zoning Board of Appeals Application 9. Variance Request Total Number of Variances Requested Describe your Request L oo k'k Co ot 1-'0k, (.1.4 1-0 v.,. 3, a 3 (9.7 evk. Lo 4\ co o-c.d.actt 1-, 0 cs F \v,,l\ S, A-kSo -e_ k c. eas. -E o 5t.25 5t APPY" 030 K 1<= ok Q-e c eca e ysru'a To ',Jana Lo,J2c_ r 0 Lre_r \-so.1,.) 0,, g oi,(an Section(s) of the Zoning Ordinance OS A 10. Criteria for a Dimensional Variance Please respond to the following statements. The application must meet all criteria in order to obtain a variance. a. How would the strict compliance with the area, setbacks, frontage, height, bulk, density, or other non-use matters unreasonably prevent the owner from using the property for a permitted purpose or render the conformity unnecessarily burdensome? 14 W4LAc - r LA k- c c t..),s 7 t, c-nor Gt unaa.\-l, bbc Lidu LQOUld \-\ -e_ ci n. b. How would a variance do substantial justice to the applicant as well as to other property owners in the district? -14 w ola31 \-\-6--ip us 3 ok-aj CIA'30 7 ou'r Woit-tr fro tvic,tvt LL3-1-,\A, o L.:\ 1" 1.-L < (>40 Ls&s-%A... LAx \-0.1 j le, +6\ril W1 1\ "h-e\,(3 ea ct. 1,64-14,,o vv v
Charter Township of Brighton Page 3 Zoning Board of Appeals Application c. Would a lesser variance than the requested give substantial relief to the applicant and or be more consistent with justice to other properties? If not, please explain why? n cue- Pc-5 kca ki,..1 C O 0-e rakdt r Ttz, I-0 i,a4a. la) 0 Li Us d. Have the special conditions and circumstances relating to the variance request resulted from the actions of the applicant? Ye-5 I w OLA.t. V->t kc I 9 pi CleC-4 7 c f-e;'n 6 e.. (.) Tt, 7 6 Los-VS'la..( e. Is the variance requested the minimum amount necessary to overcome the inequality inherent in the particular property or mitigate the practical difficulty? `-des f. Will the granting of the variance materially impair the intent and purpose of this ordinance? 1_,Qt 11 0-. u inecd,l.y\zylvt.c4 v16i--
Charter Township of Brighton Page 4 Zoning Board of Appeals Application 11. Criteria for a Use Variance Please respond to the following statements. The application must meet all criteria in order to obtain a variance. a. Can the site be reasonably used for any of the uses allowed within the current zoning designation? \r\oviit4 \r\d"ij.: C.1,'\ 0,1 Cilt Mict \Alsi LAI\ \k- V\ 0 \CAdc... Tt) C.C.\ C-f_A k f\-\n-l Th-e coe.,(1). Yo-tc.L_ wit \\ 1142.\ ei0c b. Are there unique circumstances peculiar to the property and not generally applicable in the area to other properties in the same zoning district? ow-ri C)e cics 0_1 (seild. (Pix C'e e J 'FL L&- Cb u4a/1 toc4c12.- (A) Ar---\eA Z-cice_. medo clail c 10u, 70 ca.k,d-p--, c. Was the need for a variance self-created by either the applicant or the applicant's immediate predecessor? s \-\- SC\> c 4 b.4 c& u-k L, 190 Trt \\ nr\ ev\* tioeaa-lt YN.
Charter Township of Brighton Page 5 Zoning Board of Appeals Application d. Will the capacity and operation of the infrastructure be significantly compromised? n0) L t_ \,\ Li 7b coot_(,e_a 1 /4..re r kcork e. Will the granting of a use variance not alter the essential character of the neighborhood nor be a detriment to adjacent properties? (\ L,->\.\ Tk.4_ ciboe 12. Criteria for Appeals and Interpretations The Zoning Board of Appeals is bound by the same rules, procedures, and standards of the Ordinance. The Zoning Board of Appeals should uphold the original decision unless the record clearly shows that the original decision body or official was one of the following: a. Arbitrary and capricious; or b. Filled to ensure consistency with ordinance standards; or c. Made an error, such as relying on false or inaccurate information, or d. Constituted an abuse of discretion; or e. Was based upon erroneous interpretation of the zoning ordinance or zoning law. Please describe how your appeal meets one of these criteria:
Charter Township of Brighton Page 6 Zoning Board of Appeals Application S4--ev-k_ (4st above statements are true. (f en (applicant), do hereby swear that the -eloaact e_ (property owner), hereby give permission for the Charter Township of Brighton officials, staff, and consultants to go on the property for which the above referenced petition is proposed for purposes of verifying information provided on the submitted application. Signature of Applicant Date 01A., Signature of Propert Owner V Date -r? Brighton Township Zoning Board of Appeals Action Approved/Denied Date Conditions of Approval
VP'7,M,D Variance Request for 8278 Woodland Shore Drive WAR 742017 To Whom It May Concern: BRIGHTON TOV:NSHIP I am seeking two variances one being; exceeding lot coverage of 25% and the other for average set back off water within 300' of each side of house for a covered porch projection into yard. Total existing lot coverage is just under 27% (3,213 sq. ft) with new covered porches on lakeside of house, front porch overhang and garage overhang we would be at (3,252 sq. ft.) which is still below 27% (see site plan) Average set back off waters edge within in 300' each side of 8278 Woodland Shores Dr is 52', our house is 59' off waters edge with covered porch we will be 47'. We will need variance to exceed average by 5'. (See colored map from GIS) Most of the homes are closer to the water than mine even with the covered porch, there is one home that is 96' off waters edge, this home obscures my average which is the reason I need a variance Below is a detail summary of what we would like to do to the home to enhance the appearance of the existing home and also make the outdoor living more useable. Thank you for your time Steve Belanger Lakeside: We are looking to remove existing wood decks and replace with concrete patio and stone retaining wall. We would like to install covered porch same size as existing wood deck 32x10'6" (see plans). By adding this covered porch it will give us shelter from the sun and yet still be able to enjoy the outside. My wife has had skin cancer in the past and can only tolerate the sun for short time frames also aging parents can't be in direct sun. We have designed this porch with min support columns to help minimize the view obstruction of neighboring properties. By adding on this porch we believe will also help with the appearance of the lake side of the house which in turn will hopefully bring up lake value for surrounding homes. Front Porch: We intend to close off existing covered porch and create a room to remove boats and get out of weather prior to entering house and to minimize leaves blowing in house as door is opened. I know there is no variance for this item, but we would like to extend covered portion of roof approx 4' (see plans) with one support column this will help keep water and ice out of porch and will add better curb appeal to house
Garage: We will be moving existing garage door from a side entrance to a front entrance garage, existing asphalt drive will be removed and a new asphalt drive will be installed from front of garage out to Woodland shore Dr. We are looking for a variance to install a decorative overhang with two support columns, over new garage doors per plans reason for this decorative overhang is to keep ice and water from getting under garage sill and preventing garage door from functioning properly and to give street appearance of home a nicer look By doing these minor modifications to the existing home we hope to enhance the value of surrounding neighbors and the Brighton Community
Date: To: From: Subject: Location: Requests: Zoning: Tax ID#: Applicant: Owner: March 24, 2017 Zoning Board of Appeals Charter Township of Brighton Kelly Mathews Variance Requests 8278 Woodland Shore Drive Natural Features/Waterfront Setback and Lot Coverage R-5, Waterfront Residential 12-18-304-042 Steven Belanger Steven Belanger Dear ZBA Members: The Zoning Board of Appeals (ZBA) application submitted by Steven Belanger has been reviewed. The review is based upon the standards contained in the Zoning Ordinance and a review of the application materials. The following comments are offered for your review. The applicant is proposing a new covered porch onto his home. The existing home is 3,213 sq. ft. and with the additions (covered porches on lakeside of house, front porch overhang, and garage overhang) will be 3,252 sq. ft., a small increase in square footage. The addition will not meet the natural features/waterfront setback in the area so the applicant needs a variance. Additionally, the applicant will exceed the lot coverage of twenty-five percent (25%). The existing and proposed lot coverage is thirty-one percent (31%). The home will meet all other Zoning Ordinance requirements. The lot is 0.242 acres, where if creating a new lot in this district, it would require 0.29 acres. VARIANCE REQUESTS Natural Features/Waterfront Setback (Article 3, Section 3-03, Natural Features/Waterfront Setback). The natural/feature waterfront setback in residential areas on lakes is the average within 300 ft. in both directions in the area of the project. In this case, the average in the area is fifty-two (52) ft. and the home will be at forty-seven (47) ft. with the lakeside covered porch so he requires a variance of five (5) ft. Lot Coverage (Article 3, Section 3-03, Lot Coverage). The maximum lot coverage in the R-5 zoning district is twenty-five percent (25%). The applicant is requesting a thirtyone (31%) percent lot coverage, same as existing for his additions including a new lake side covered porch, front porch overhang, and garage overhang.
Charter Township of Brighton Steven Belanger Variance Requests - Natural Features and Lot Coverage ZBA - April 26, 2017 Page 2 STANDARDS FOR ZBA ACTION The ZBA should only grant a variance to the Zoning Ordinance when circumstances of practical difficulty, unnecessary hardship unique to a particular property, or extraordinary circumstances are present. Article 22, Section 22-06 outlines a number of criteria applicable to variances that the ZBA should review in order to determine the need for the requested. I. Practical Difficulty/Substantial Justice. Compliance with the strict letter of the restrictions governing area, setbacks, frontage, height, bulk, density, or other dimensional provisions would unreasonably prevent the use of the property. Granting of the requested variance or appeal would do substantial justice to the applicant as well as to other property owners in the district and is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same zoning district and vicinity of the subject parcel. The natural/feature waterfront setback in residential areas on lakes is the average within 300 ft. in both directions in the area of the project. In this case, the average is fifty-two (52) ft. and the home will be at forty-seven (47) ft. with the lake side covered porch so he requires a variance of five (5) ft. The applicant is requesting a lot coverage of thirty-one (31%) percent, same as the existing lot coverage, a variance of six percent (6%) to build some small additions. The home will meet all other Zoning Ordinance requirements. The lot is small; it is only 0.242 acres, where if creating a new lot in this district, it would require 0.29 acres. Compliance with the strict letter of the restrictions governing natural features/waterfront setback and lot coverage for the home would unreasonably prevent the use of the property. Granting of the requested variances would do substantial justice to the applicant as well as to other property owners in the district and is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same zoning district and vicinity of the subject parcel. Natural features/waterfront setback and lot coverage variances are required in order to allow a new lakeside covered porch, front porch overhang, and garage overhang to be built. 2. Public Safety and Welfare. The requested variance does not interfere with the public safety and welfare, increase the hazard of fire, impair the adequate supply of light and air, or create nuisances. The applicant would like to construct a new lake side covered porch, front porch overhang, and garage overhang and needs natural features/waterfront setback and lot coverage variances. The requested variances do not substantially interfere with the public safety and welfare, increase the hazard of fire, impair the adequate supply of light and air, or create nuisances.
Charter Township of Brighton Steven Belanger Variance Requests - Natural Features and Lot Coverage ZB A - April 26, 2017 Page 3 3. Impact on Surrounding Neighborhood. The variance will not interfere with or discourage the appropriate development, continued use, or value of adjacent properties and the surrounding neighborhood. The natural features/waterfront setback and lot coverage variances will not substantially interfere with or discourage the appropriate development, continued use, or value of adjacent properties and the surrounding neighborhood. 4. Extraordinary Circumstances. There are exceptional circumstances or conditions applicable to the property or the intended use that do not generally apply to other properties or uses. The need for the variance was not self-created by the applicant. The applicant needs natural features/waterfront setback and lot coverage variances. He would like to maintain what was previously allowed as far as lot coverage for the site. There are exceptional circumstances or conditions applicable to the property i.e. lot size. RECOMMENDATION It is recommended that the variances as proposed are approved. Specifically, the following variances. Natural Features/Waterfront Setback (Article 3, Section 3-03, Natural Features/Waterfront Setback). The natural/feature waterfront setback in residential areas on lakes is the average within 300 ft. in both directions in the area of the project. In this case, the average is fifty-two (52) ft. and the home will be at forty-seven (47) ft. with the lakeside covered porch so he needs a variance of five (5) ft. Lot Coverage (Article 3, Section 3-03, Lot Coverage). The maximum lot coverage in the R-5 zoning district is twenty-five percent (25%). The applicant is proposing a lot coverage of thirty-one percent (31%), a variance increase of six percent (6%), same as existing for his additions including a new lake side covered porch, front porch overhang, and garage overhang.
CERTIFICATE OF SURVEY / SKETCH OF EXISTING LOT 8 OF "WOODLAND LAKE ESTATES NO, 1", ACCORDING TO THE PLAT THEREOF AS RECORDED IN LIBER 4 OF PLATS ON PAGE 4 IN THE OFFICE OF THE REGISTER OF DEEDS FOR LIVINGSTON COUNTY, MICHIGAN WOODLAND SHORE DRIVE 50 FT. WD, RIGHT OF WAY S39'38.00"E 50,00' 1 GRAVEL 4,0,01q AR LEGEND o SET 1/2" STEEL REROD WITH CAP :JKS 35999.- - FOUND CORNER MARKER -11 5,9' LOT B 23.03' GARAGE In 11 N 9 '111giti 0010INIAS 7 (0 5,6' N5r4721 - E 50, EXISTING HOME 0112713 POR, 7i) 10.50' 10,1' zv 1*- 49.10 "Vi TOTAL LOT AREA INCLUDING ALL LAND TO WATER'S EDGE 12,106 sq.ft. TOTAL AREA OF HOME: 2,791 sq.ft, TOTAL AREA OF DECK: 422 sq.ft. 7,0' 1r1 12.0' 32.0' WOOD `. ID ()ECK, 4110 9' y0 0 6(,00' ocrsti OR P4A11E0 Sill t tme 1AF. NCE 1.1 REFERE 41 N p OX 1 SHORE INE WOODLAND LAKE SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT I HAVE SURVEYED AND MAPPED THE LAND HEREIN PLATTED AND/OR DESCRIBED ON 8/15/2012, AND THAT THE RATIO OF CLOSURE ON THE UNADJUSTED FIELD OBSERVATIONS OF SUCH SURVEY WAS 1/5,000 OR BETTER, AND THAT ALL OF THE REQUIREMENTS OF ACT NO, 132, P.A. 1970 (AS AMENDED) HAVE BEEN COMPLIED WITH. NOTE: BEARINGS ARE BASED ON A PREVIOUS SURVEY CLIENT: BELANGER..30t SECTION: 18 TOWN, 2 NORTH RANGE: 0 EAST DATE: 03-10-2017 BOOK NO. 211 PG 70SP SHEET 1 OF 1 BRIGHTON TOWNSHIP LIVINGSTON COUNTY, MICHIGAN CREW: JKS/CT/NM COMP: JKS DRAWN; JKS REV: 03-13-2017 1J. JACK K. SMITH F ROFESSIONAL SURVEYOR No 35999 GARLOCK-SMITH PROFESSIONAL SURVEYORS 516 EAST GRAND RIVER HOWELL, MICHIGAN 48843 (517) 546 3340 FAX: (517) 546 2941
LEGEND o = SET 1/2" STEEL REROD WITH CAP : JKS 35999 = FOUND CORNER MARKER 7 5.9' 11 N Nt so 23:53 GARAGE z- r t FLAc-k-ok I e.5-e _, L-.`" --_\ 1 /4_,..,.L-e Felcor-e-A4 Cab -LE i'i S'i'i rcti pbot T 0 r r Or,* 5-% ck-t c:,.- 9 14 5 )3 A ls'k (kio Q 54.1 in Yorc-L E-7e 5.6' 50' POR. EXISTING HOME #8278 10,60, 10,1' 0 71" TOTAL LOT AREA INCLUDING ALL LAND TO WATER'S EDGE 12,106 sq. ft. TOTAL AREA OF HOME: 2,791 sq.-ft. TOTAL AREA OF DECK: 422 sq. ft, 7.0' 32.0' WOOD DECK 20.0' b 10,91 si?or c-4`k C,? c o-= 0 57aces '>K-2Q' cbil 12.0'? 51.00' 1450'16'00" Lit PLATTED SNORE LINE REFERENCE UNE b3 N WOOD DECK APPROXIMATE SHORE LINE
8278 Woodland Shore Drive Construction Plans Dated March 24, 2017 Available for viewing in the Planning and Clerk's Department