Zoning Board of Appeals

ZONING BOARD OF APPEALS MEETING MINUTES May 08, 2018 4:00 P.M. CALL TO ORDER: Mr. James Moreno, Chairperson called meeting to order at 4:01 P.M. ATTENDANCE: Members Present: Deland Davis Bill Hanner Mark Jones Barbara Hibiske Carlyle Sims Michael Delaware (Alternate) James Moreno Staff Present: Marcel Stoetzel, Deputy City Attorney Glenn Perian, Senior Planner, Planning Dept. Eric Feldt, Planner, Planning Dept. Laura Rounds, Customer Service Rep., Planning Dept. ADDITIONS OR DELETIONS TO THE AGENDA: None CORRESPONDANCE: Glenn Perian sent out an email correspondence to clarify the micro units and the off street parking spaces. OPENING COMMENTS: Mr. Jim Moreno, Chairperson stated the meeting procedure where everyone present may speak either for or against an appeal and that he will ask for a staff report to be read and then open the public hearing. At the public hearing, persons may come forward and state their name and address for the record as it is being recorded and then speak either for or against an appeal. The public hearing will then be closed and the zoning board will discuss and make a decision. If a petition has been denied the petitioner has the right to appeal to Circuit Court. OLD BUSINESS: None NEW BUSINESS: A. Z-04-18 (RE: 25 W Michigan Ave): Petition from Heritage Tower BC, 7066 Weller Ave. NE, Rockford, MI 49341. Requesting a dimensional variance for 38 of the 85 proposed residential apartment units to be smaller than the 500 sq. ft. minimum required for property zoned C-7 “Street-Level Retail District”, legally described as BC CITY RB2 NW 60 FT OF LOTS 70 & 77, ALL OF LOTS 69 & 78 and commonly known as 25 W. Michigan Ave. Permit application is requested pursuant to Planning and Zoning Code, Chapters 1271.03(a) and 1271.04(a)(36). Chair Mr. Moreno asked the applicant to come forward and speak regarding his request for a variance. Aaron Taylor representing Mark Harmsen and Heritage Tower BC, Architect from Integrated Architecture of 4090 Lake Dr SE, Grand Rapids, MI 49546. 616-574-0220, spoke of the project 1 of 3  Zoning Board of Appeals April 10, 2018 Minutes Page 2 of 3 overview and providing 85 living units, parking and retail space. Petitioning to be allowed 38 units that will be below the allowed 500 sq. ft. per unit. This is due to the space constraints of the Tower and the Historic rehabilitation requirements to bring the Tower to National Historic Standards and bringing the building up to code. This will have multiple positive effects such as increase the population density in the building, more people on the streets of the community visiting local businesses. They are seeing an increase of need of these types of units with the millennials who lead a much more active lifestyle and spend more time outside rather than in their apartments. Chair Mr. Moreno asked the board members if they have any questions for the applicants. Questions asked by the board:  Clarification on the “uniqueness” of the building that would bring the need for such units, parking and micro units use survey  Increasing the size of the current apartments rather than requesting approval for smaller units, and the reasoning that went into going with micro units, the interior stairwell and fire escape.  Repurposing the interior stairwell.  Definition “micro” unit.  Do these “micro” units fall under the classification of “efficiency” units under the current set of codes, concerns of other landlords will want to file suit on these size units.  Concerned how adaptable these units will be when millennials progress in life and need larger units.  Are any of the units are presold or the retail spaces presold at this time.  What will be the range of the rents of the various units, will these be market rents, will you be asking for federal assistance.  Types/lengths of leases you will be offering and will any of the units be furnished.  What type/brand of appliances will be in the units.  Can this request be approved without a specific “micro” unit number to allow the market to grow. Chair Mr. Moreno asked if there are any members of the public present to either speak for or against the variance. No public opposition Chair Mr. James Moreno asked if there was any further discussion; seeing none, he would close the Public Hearing and entertain a motion. Mr. Michael Delaware is an alternate and will be voting today due to full board not being present. MOTION WAS MADE BY MR. MARK JONES TO APPROVE APPEAL #Z-04-18 FOR A DIMENSIONAL VARIANCE; FOR 38 OF THE 85 PROPOSED RESIDENTIAL APARTMENT UNITS TO BE SMALLER THAN THE 500 SQ. FT. MINIMUM REQUIRED FOR PROPERTY ZONED C-7 “STREET-LEVEL RETAIL DISTRICT”, LEGALLY DESCRIBED AS BC CITY RB2 NW 60 FT OF LOTS 70 & 77, ALL OF LOTS 69 & 78 AND COMMONLY KNOWN AS 25 W. MICHIGAN AVE. PERMIT APPLICATION IS  Zoning Board of Appeals April 10, 2018 Minutes Page 3 of 3 REQUESTED PURSUANT TO PLANNING AND ZONING CODE, CHAPTERS 1271.01(a) AND 1271.04(a)(36).; SECOND BY MR. BILL HANNER. Discussion: Mr. Mark Jones adds historical notes and information and wishes there will be thoughts for festival of lights. MR. JAMES MORENO ASKED FOR ANY ADDITIONAL COMMENTS, SEEING NONE A VOTE WAS TAKEN; SIX IN FAVOR (DELAND DAVIS, MICHAEL DELAWARE, BILL HANNER, BARBARA HIBISKE, MARK JONES, JAMES MORENO); MOTION APPROVED. Chair James Moreno asked for motion on April meeting minutes. Mark Jones asked that they be tabled until next month as he felt not all his significant comments were noted in the minutes. Chair James Moreno requested direction from City Attorney Marcel Stoetzel. Marcel Stoetzel stated that minutes are a summary of discussion and not verbatim. This was not satisfactory and motion was made to table the minutes. MOTION MADE BY MR. MARK JONES TO TABLE THE APRIL 10, 2018 ZONING BOARD OF APPEALS MINUTES UNTIL JUNE 12, 2018 MEETING, SECONDED BY MR. DELAND DAVIS. VOTE ON MINUTES BEING TABLED UNITL JUNE 12, 2018: ALL IN FAVOR; NONE OPPOSED; MINUTES NOT APPROVED, TABLED UNTIL JUNE 12, 2018 MEETING. COMMENTS BY THE PUBLIC: None COMMENTS BY THE MEMBERS / STAFF: Glenn Perian asked that the requested changes to the minutes be given to the staff before the next meeting so that the appropriate changes could be made in advance. Mark Jones is excited about the tower project due to historical significance. ADJOURNMENT: Chair James Moreno made a motion for the meeting to be adjourned; all stated in favor, meeting was adjourned at 4:43 P.M. Submitted by: Laura Rounds Customer Service Representative, Planning Department