MINUTES OF THE
MEETING OF THE ZONING BOARD OF APPEALS,
WHICH TOOK PLACE
ON TUESDAY, MAY 20, 2008
AT 6:30 P.M., IN
COUNCIL CHAMBERS, CITY HALL,
MIDLAND, MICHIGAN
1. ROLL
CALL
PRESENT: Board Members - Green, Holthof, Lichtenwald, Pnacek, and Siemer
ABSENT: Board Members – Steele
OTHERS PRESENT: Daryl Poprave, Cheri King, and 2 others.
2. APPROVAL OF MINUTES
It was moved
by Siemer and supported by Green to approve the minutes of the April 15, 2008
meeting as presented. Motion was
unanimously approved.
The Chairman explained the public hearing procedures and how the Board decides if the variance request is approved based on the five ordinance criteria. Mr. Lichtenwald reinforced that the variance goes with the property and not with the property owner.
3. PUBLIC HEARINGS
a.
No. 08-03 – Dale Fultz, Jr. for an area/dimension variance for a side yard setback
reduction for a covered porch at 3901 Cambridge Street.
Mr. Poprave showed an aerial photograph of
the subject property. It is located
south of East Sugnet and east of Jefferson on Cambridge Street, which is also
west of Boston. It is zoned RA-1 on all
sides for several blocks. If approved,
this request will allow the petitioner to construct a 10’ x 50’ covered porch
at 3901 Cambridge Street. The Zoning Ordinance
sets a side yard setback of 8’ with a total of 20’ on both sides. The plot plan submitted by the property owner
shows the east side yard is adjacent to a walkway to a city park. The house setback from that property line is
only four feet. However, the other side
of the house has eight feet from the existing garage. This is only a 70’ wide lot, where today we
require 80’ wide lots. There is a garage
addition planned, which will conform to the setback requirements. The variance is for the covered porch, not
the garage.
Article 4 of the Zoning Ordinance discusses
nonconforming structures and their expansion.
We have an existing structure that is too close to the property line and
they want to extend a porch into that setback area on the east side. They want to extend the porch out 10’. They did start the process, thinking they had
the proper setback. Once they found they
did not meet the ordinance requirements, they stopped construction and decided
to seek a variance.
Mr. Higgins asked if the porch will be
enclosed. Mr. Poprave stated this would
be a question for the petitioner. If
this were an uncovered porch, it could encroach into the setback. It is the roof that causes it to meet the
setback requirements.
Dale Fultz, Jr., 3901 Cambridge Street,
stated the original idea was that the existing house was in conformance and
they would extend the roof line from there.
They wanted to extend the roof so the sun did not heat the house in the
summer. The construction crews began the
construction while the property owner went to obtain a permit. When the petitioner discovered he could not
obtain a permit without a variance, worked was stopped immediately. The have only a small alley between the
existing garage addition and the house. The
existing house roof line was not a proper pitch where they could include the
porch. They went from the peak of the
roof and that way they could make one straight line from the peak out to the
edge of the porch.
Mr. Higgins asked if the porch is going to be
enclosed or open. Mr. Fultz stated it is
going to be enclosed with screen. Mr.
Higgins asked why moving the porch over 4 feet would be unnecessarily
burdensome? Mr. Fultz stated that if the
sun beats on the window on that side of the house, it will create substantial
heat in the house. At this time, they do
not have air conditioning installed in the home. The construction people also told Mr. Fultz
that he could be creating a leak problem with the roof if they do not continue
with the slope of the roof. The porch
will be sided to match the house. There
will be no heat in this room so it will not be used in the winter time. Mr. Lichtenwald asked how long they have
owned the house. Mr. Fultz stated they
purchased the home in November. They
moved up here in January from Florida.
No one spoke either in favor of or in
opposition to this request.
Findings of
Fact:
1.
The
house is legal non-conforming in that it has a 4’ setback from the right
property line.
2.
The
property is 70 feet wide when current conditions require 80’ lots in RA-1
zoning districts.
3.
There is
one letter in favor of this request and there were no calls.
4.
The
addition would be a screened-in porch.
5.
The
addition will not add to the non-conformity in that it will not encroach into the
setback any more than the current non-conformity.
6.
The
house was purchased in November 2007 by the current property owner.
It is moved by Higgins and supported
by Siemer to approve Petition No. 08-03 based on the findings of fact to allow a
side yard setback reduction for a covered porch at 3901 Cambridge Street.
Mr. Higgins feels that, since the lot is narrower than the 80’ required
and that the non-conformity is not going to increase, except it will come out
closer to the road, he feels he can meet the first four conditions. He has a problem with the “self-created”
condition.
Mr.
Green stated he agrees with Mr. Higgins.
The east side of the property will not be any closer to the property
line than it is already. The house will
be used as a house and that is a permitted purpose.
Mr.
Holthof stated he wished the builder were here.
He cannot see where this would be causing a leak problem with the new
roof over the porch. There is support
from a neighboring property owner and he feels it does justice to other
property owners in the area. The burden
is that it will make construction much more expensive if it is a shorter roof
line.
Mr.
Siemer agrees with Mr. Holthof and he also feels the narrowness of this lot
causes a burden to the property owner.
Mr. Lichtenwald stated you would have fewer trusses and fewer shingles
if you have a smaller roof. The
petitioner stated that the porch is there to keep his house cool. He can still use the house as a house without
the porch. There are many houses in the
city that have windows facing south and they do not have coverings over them.
Voting on the motion:
Green: Yes
Higgins: Yes
Holthof: Yes
Lichtenwald: No
Siemer: Yes
The motion to approve the Petition 08-03
was approved 4-1.
b. No. 08-04 – Joe Wolgast for an area/dimension variance for a side street yard setback reduction for a proposed garage addition at 2212 Luhring Street.
Mr. Poprave showed the subject property at 2212 Luhring Street, located east of Campau, north of Luhring, just west of Highridge Court. We have St. Mary’s Drive to the west. The zoning map identifies this property in the middle of a large residential district on all sides. Section 14.03 of the zoning ordinance states that a street side yard setback is 20 feet. This lot is over 13,000 square feet where a minimum of 12,000 sq. ft. are required. This lot is 100 feet wide so this lot is larger than required in RA-1 zoning. The existing home is 33 feet from the sidewalk. The petitioner wishes to construct this garage to within 18 feet of the property line. The existing house does conform to the ordinance. The garage addition is below the existing home. They want to extend it out with just one story.
No one represented the petitioner at this hearing. No one spoke either in favor of or in opposition to this request.
Findings of
Fact:
1.
The lot
exceeds the minimum size requirement.
2.
The lot
is a corner lot.
3.
The
house exceeds 32 feet from the property line.
4.
The
property is zoned RA-1.
5.
There
was no correspondence or any one to speak for or against this petition.
It is moved by Higgins and supported
by Green to approve Petition No. 08-04 based on the findings of fact to allow a
side street yard setback reduction for a proposed garage addition at 2212 Luhring
Street.
Mr. Holthof stated we have no basis for determining how this is burdensome to the petitioner because they are not here to answer any questions. The remainder of the board is in agreement.
Voting on the motion:
Green: No
Higgins: No
Holthof: No
Lichtenwald: No
Siemer: No
The motion to approve the Petition 08-04
was denied 0-5.
c. No. 08-05 – Harmon Sign on behalf of Cottage Inn Pizza for an area/dimension variance for a wall sign variance at 985 South Saginaw Road.
This property is located west of Washington Street and north of Eastlawn Drive, and east of S. Saginaw Road. Eastlawn Shopping Center starts on S. Saginaw Road. There are three main buildings on this property. The property is zoned regional commercial. If approved, this variance would allow a 33.5 sq. ft. wall sign at 985 S. Saginaw Road. Mr. Poprave showed a color picture of the proposed sign and how it will look. It is superimposed on the existing canopy. Table 8.2, footnote E talks about retail strip malls having aggregate signage of 304 sq. ft. for the entire mall. It is up to the property owner to assign sign allotments. The signage in this shopping mall already exceeds what is allowed by the ordinance. Because the signage already exceeds the allowable signage, a variance is required. There are three buildings on this property, so both large buildings could have 300 sq. ft. of signage plus the smaller building (Murphy’s Auto Parts) could have 150 sq. ft. of signage. There have been two variance requests for additional signage at this location. In 1982, at 931 S. Saginaw Road (Walgreen’s), there was a request for 46.2 sq. ft. of signage and they were denied. In 1976, Eastlawn Pharmacy, at 831 S. Saginaw Road, was granted 73.6 sq. ft. of signage. Signage goes with the property. Although there was a variance granted for one building on the property, you cannot transfer that to another building on the property.
Dan Collins, Harmon Sign, for property at 985 S. Saginaw Road. Mr. Collins states that there is already 304 to 307 sq. ft. of signage there now. The yogurt store sign is gone so that signage was not included in this amount. They are asking for a sign that is smaller than most of the surrounding businesses. Most of the surrounding signs cannot be seen after dark. Much of the business of a pizza restaurant is done in the evening. When it gets dark outside, sales are quite low.
Mr. Higgins stated this building is allowed to have 300 sq. ft. of signage. All of this signage has been utilized by the existing businesses. Cottage Inn Pizza is approximately one ninth of the store area. 33 sq. ft. is approximately one ninth of the allowable signage based upon 300 sq. ft. of signage. It is not the place of the Zoning Board of Appeals to require a sign management plan. If the property owner wants to let each tenant apply for additional signage, that is his option.
Mr. Lichtenwald asked if this was a lighted sign. The petitioner stated that it is a lighted sign. This is a custom made sign for this location.
Tim Danson, 985 S. Saginaw Road, is the partner for this business. They just want a sign so they get recognition like any other business in town. If they can have a lighted sign they can do more business at night and, therefore, employ more people in the community.
No one spoke either in favor of or in opposition to this request.
Findings of
Fact:
1.
Zoning
is RC.
2.
It is
legal nonconforming – it has 304 sq. ft. where 300 is allowed, not including
the empty yogurt store.
3.
There are
nine units in the plaza.
4.
Most
existing signs existed prior to the current ordinance.
5.
The
previous sign was 17.5 sq. ft.
6.
One
ninth of the 300 feet of signage would be 33.3 sq. ft., allocated equally among
all the businesses.
It is moved by Higgins and supported
by Siemer to approve Petition No. 08-05 based on the findings of fact to allow
a wall sign variance at 985 South Saginaw Road.
Mr. Holthof stated he does not see how he can meet criteria A, which is the compliance regarding unreasonably preventing the use of the property for a permitted purpose or would make it unnecessarily burdensome. Mr. Higgins stated he agrees with Mr. Holthof. If it were just for this tenant, he would not have a problem. However, 300 sq. ft. is allowed for the nine units in the building, but the variance would go to the building owner. From that standpoint, he also cannot justify criteria E, that it would be self-created. Mr. Green stated this is a unique situation. We have a potential business that needs a sign. However, we have a remedy that there is an empty business and that sign can be removed to allow signage for Cottage Inn Pizza, within the limits of the ordinance. Mr. Siemer stated he believes they have addressed all the criteria and he finds that the burden is that the owner of the property has not reallocated the signage. Therefore, it is unnecessarily burdensome to this petitioner. Mr. Lichtenwald stated he is in agreement with what has already been said.
Voting on the motion:
Green: No
Higgins: No
Holthof: No
Lichtenwald: No
Siemer: Yes
The motion to approve the Petition 08-05
was denied 1-4.
4. PUBLIC COMMENTS (not related to items on the agenda)
None
5. OLD
BUSINESS
None
6. NEW BUSINESS
a. 2008 Zoning Ordinance amendments.
b. The next ZBA meeting will be held on Wednesday, June 11th, which was rescheduled. There is one case already scheduled for that meeting.
7. DECISION SHEET SIGNATURES
8. ADJOURNMENT
Hearing no further business, the Chairman adjourned the
meeting at 8:33 p.m.
Respectfully submitted,
Daryl Poprave, AICP, CFM
Deputy Planning Director