Zoning Board of Appeals (ZBA)

AGENDA Village of Dundee Zoning Board of Appeals (ZBA) Monday, May 24, 2021 A meeting of the Zoning Board of Appeals (ZBA) will be held Monday, May 24, 2021 in hybrid form at 7:00 PM. Limited in person seating is available due to social distancing requirements. 1. MEETING DETAILS Topic: Zoning Board of Appeals Village of Dundee Time: May 24, 2021 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/82598425687?pwd=M2tRSXduYTJtaU9ENGxuUDhyRXNKQT09 Meeting ID: 825 9842 5687 Passcode: 854547 +1 312 626 6799 US (Chicago) Meeting ID: 825 9842 5687 Passcode: 854547 2. CALL TO ORDER 3. ROLL CALL 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF AGENDA 6. APPROVAL OF MINUTES 6.a Regular Meeting: January 26, 2021 Zoning Board of Appeals (ZBA) - Jan 26 2021 - Minutes - Pdf 7. PUBLIC HEARING : (PLEASE LIMIT YOUR COMMENTS TO 4 MINUTES PER PERSON) 7.a Open Public Hearing 7.b Variance request from MDOT for fence in front yard. 7.c Variance request from MDOT for a height variance for new proposed salt and repair facilities. 7.d Close Public Hearing 8. OLD BUSINESS Page 1 of 11  9. NEW BUSINESS 9.a Variance from section 2.20.06 (a) No Fences may be located with in the required front yard. Agenda Item Review Form #21-045 - Pdf 9.b Variance from section 9.03 (Table 9.02 Manufacturing Districts Schedule of Area and Bulk Requirements) The applicant is requesting to increase the allowed height of 30' by 6'-5" and 11'-3" respectively on 2 separate buildings. (Role Call Required ) Agenda Item Review Form #21-046 - Pdf 10. PUBLIC COMMENT 11. ZONING BOARD COMMENTS 12. ADJOURNMENT Please Note – The Village of Dundee is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations, in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of this meeting or the facilities, are requested to contact David Uhl, Village Manager, at 734-529-3430 or duhl@villageofdundee.net to allow the Village to make reasonable accommodations for those persons. A Hybrid electronic meeting is allowable because the Monroe County Board of Commissioners declared a local state of emergency for Monroe County, MI due to the current COVID-19 case numbers. They are given the authority to issue a Local State of Emergency under the Emergency Management Act 390 of 1976. Additionally, the Dundee Village Council passed resolution 2020-26 allowing for Virtual Meetings with the requirement that Board members who participate Virtually must announce where they are participating from. Public comment can be made through the Public Comment Form located at https://dundeevillage.civicweb.net/Portal/CitizenEngagement.aspx or in person during the Public Hearing or during Public Comment times only. Public Comment during the meeting will be available only through Zoom during public comment opportunities. Please use the Hand Raise function with in the zoom app or press *9 from your phone to signify your self for public comment. Page 2 of 11 Agenda Item #6.a Draft MINUTES ZONING BOARD OF APPEALS (ZBA) VILLAGE OF DUNDEE, MI TUESDAY, JANUARY 26, 2021 7:00 PM VIA ZOOM 1. CALL TO ORDER 2. ROLL CALL A Regular Meeting of the Dundee Zoning Board of Appeals (ZBA) was held on Jan 26 2021 via Zoom. The meeting was called to order at 7:07 pm by Chairman Larzelere. Present were Frank Chrzanowski, Andrea Hickey, Jennifer Reeves, Joe Fenner, Nick Lapensee, Rachel Scheich, and Luke Larzelere and attending from The Village or within the State of Michigan. Kyle Petee was absent. Also present were Sarah Karl and Gary Dahl, and 3 interested citizens. 3. APPROVAL OF MINUTES 3.a Regular Meeting: June 29, 2020 Rachel Scheich moved, seconded by Joe Fenner, Motion to approve the minutes amended to state that the meeting was called to order by Luke Larzelere and update item number 2 should state Zoning Board of Appeals. RESULT: Carried MOVER: Rachel Scheich SECONDER: Joe Fenner AYES: Frank Chrzanowski, Village President Andrea Hickey, Jennifer Reeves, Joe Fenner, ZBA Nick Lapensee, Rachel Scheich, and Luke Larzelere ABSENT: Trustee Kyle Petee 4. PUBLIC HEARING : 4.a 457 Corinth Circle; Christian Freshour requests a setback variance fo 4.6' from the required 10' setback to construct an inground swimming pool. 5. OLD BUSINESS 5.a NONE 6. NEW BUSINESS 6.a Variance From Section 3.19.02 Setbacks from property line. The applicant is requesting a setback variance of 4.6' from the requried 10' setback to construct an inground swimming pool. Rachel Scheich moved, seconded by Frank Chrzanowski, Motion to approve the 4ft 6in variance to the setback required to construct an inground swimming pool. Page Page31ofof11 2 Agenda Item #6.a Draft RESULT: Carried MOVER: Rachel Scheich SECONDER: Frank Chrzanowski AYES: Frank Chrzanowski, Village President Andrea Hickey, Jennifer Reeves, ZBA Nick Lapensee, Rachel Scheich, and Luke Larzelere NAYS: Joe Fenner ABSENT: Trustee Kyle Petee 7. PUBLIC COMMENT 8. ZONING BOARD COMMENTS None 9. ADJOURNMENT There being no further business before the Zoning Board of Appeals the meeting is adjourned at 7:57 PM ZBA Secretary Jennifer Reeves. Rachel Scheich moved, seconded by Jennifer Reeves, Motion to Adjourn. RESULT: Carried MOVER: Rachel Scheich SECONDER: Jennifer Reeves Jennifer Reeves Zoning Board of Appeals (ZBA) January 26, 2021 Page Page42ofof11 2 Agenda Item #9.a AGENDA ITEM REVIEW FORM ☐ Resolution ☐ Ordinance ☐ Discussion ☐ Budget Amendment ☐ Consent Agenda Meeting Date: Staff Contact: Gary Dahl, Building Official Department: Subject: Variance from section 2.20.06 (a) No Fences may be located with in the required front yard. Background Information: See Bergmann Document Attachments: Fence Exhibits Page 5 of 11 Agenda Item #9.a Exhibit to ZBA Application Exhibit to the Zoning Board of Appeal Application MDOT WEST MAINTENANCE FACILITY MARCH 12, 2021 Project Description MDOT, through the Department of Management and Budget, is proposing to construct four (4) new maintenance related buildings totaling approximately ±74,726 square feet. The four buildings comprise of a full service maintenance facility including vehicle wash stations, a cold storage building, a heated storage building, and a salt storage building. The proposed improvements are located along the east side of Ann Arbor Road in the Village of Dundee, Michigan. Additional property improvements include employee parking, access drives around the buildings, and underground utilities. This request is to allow a Variance for fencing in the front yard. MDOT is proposing to enclose the entire site with an eight (8) foot chain link fence with a shade cloth along the entire site, including along the front setback line along Ann Arbor road. An outdoor materials storage area is proposed in the location of the existing building in the southwest corner of the site. The fence is intended to screen the site and specifically the outdoor storage area. A security fence is proposed along the access drive that will be operated using access codes and card readers. This Variance Request meets the Criteria for Variance Approval as defined in the Village of Dundee Zoning Ordinance as described below. Criteria for Variance Approval-Nonuse (Area) Variance The Board may grant an area or nonuse variance only upon a finding that practical difficulties exist. An area variance is a variance from any dimensional standard or requirement of this Ordinance, such as, but no limited to, a deviation from density, height, bulk, setback parking, landscaping and signage standards and requirements. A finding practical difficulty shall require demonstration by the applicant of all of the following: Fence in front yard a) That strict compliance with area, setbacks, frontage, height, bulk, density, or other non-use matters would unreasonably prevent the owner from using the property for a permitted purpose, or would render the conformity unnecessarily burdensome; The unique shape of the site, along with the overhead utility lines and county drain, it makes placing a building in the southwest corner of the site unpractical. Therefore, this space has been designated for the outdoor storage area. The strict reading of the Ordinance indicates that the front yard, in the case of a fence, is defined as the area between a structure and the road right-of-way. Applying this strict interpretation and requirement to the site would force the fence to be set several hundred feet from the right-of-way. This would negate the 7050 West Saginaw Highway, Suite 200 TEL: 517.272.9835 Lansing, MI 48917 www.bergmannpc.com Page 6 of 11 Agenda Item #9.a EXHIBIT TO ZBA APPLICATION intent of screening the storage area and would effectively make the security access gate obsolete as it would provide vehicular access into the site without appropriate security checks at the perimeter. It should be noted that the fence is to be set along the front yard setback, a minimum of 40 feet from the road-right-of-way. b) That a variance would be substantial justice to the applicant, as well as to other property owners in the district; MDOT feels that the proposed fence in the front yard benefits both MDOT as well as the surrounding properties in the community. The fence is intended to be a visual screen for the outdoor materials storage located in the southwest corner of the site. The location of the fence is also necessary to preserve the security of the facility and prohibit vehicles from obtaining access to the interior of the site without property clearance. c) A lesser variance than requested would not give substantial relief to the application and/or be more consistent with justice to other property owners; The variance is for providing a fence in the front yard and surround the outdoor storage area. The existing building slab is proposed to be sawcut along the building setback line to ensure the fence is placed within the setback. The location of the fence is also necessary to preserve the security of the facility and prohibit vehicles from obtaining access to the interior of the site without property clearance. d) That the plight of the owner is due to the unique circumstances of the property and not generally applicable in the area or to the properties in the same zoning district such as exceptional narrowness shallowness, topography or area; The site is a unique shape with a buildable area in the southwest corner of the site. An existing building in this area is proposed to be removed and used for outdoor storage. The site also has a 99-foot drain easement that transverses through the middle of the site that prevents any proposed improvements. e) That the problem and the resulting need for a variance is not self-created by the applicant. The requested variance is specific to the use of the property and need for an outdoor storage area. The site is limited in space due to the existing drain easement and stormwater detention facilities. The proposed fence in the front yard serves two purposed (1) screen the outdoor storage area from view and (2) secure the area from theft and vandalism. f) That the variance requested is the minimum amount necessary to overcome the inequality inherent in the particular property or mitigate the practical difficulty; The fence has been placed along the setback lines as minimum requirement. NATIONAL FIRM. STRONG LOCAL CONNECTIONS. PAGE 2 / 3 Page 7 of 11 Agenda Item #9.a EXHIBIT TO ZBA APPLICATION g) The granting of the variance will not materially impair the intent and purpose of this ordinance. The requested variance will not materially impair the intent or purpose of this ordinance. NATIONAL FIRM. STRONG LOCAL CONNECTIONS. PAGE 3 / 3 Page 8 of 11 Agenda Item #9.b AGENDA ITEM REVIEW FORM ☐ Resolution ☐ Ordinance ☐ Discussion ☐ Budget Amendment ☐ Consent Agenda Meeting Date: May 24, 2021 Staff Contact: Gary Dahl, Building Official Department: Subject: Variance from section 9.03 (Table 9.02 Manufacturing Districts Schedule of Area and Bulk Requirements) The applicant is requesting to increase the allowed height of 30' by 6'-5" and 11'-3" respectively on 2 separate buildings. Background Information: See Bergmann Document Attachments: Height Exhibit Page 9 of 11 Agenda Item #9.b Exhibit to ZBA Application Exhibit to the Zoning Board of Appeal Application MDOT WEST MAINTENANCE FACILITY MARCH 12, 2021 Project Description MDOT, through the Department of Management and Budget, is proposing to construct four (4) new maintenance related buildings totaling approximately ±74,726 square feet. The four buildings comprise of a full service maintenance facility including vehicle wash stations, a cold storage building, a heated storage building, and a salt storage building. The proposed improvements are located along the east side of Ann Arbor Road in the Village of Dundee, Michigan. Additional property improvements include employee parking, access drives around the buildings, and underground utilities. This request is to allow a Variance for the height of two buildings. The proposed salt storage building (34’-7”) and the maintenance facility (33’-0”), both exceed the maximum height of 30 feet allowed in the M1-Manufacturing Zoning District. The proposed height of both buildings are a function of the internal processes and equipment that will occupy the building and facility operations cannot be reasonably accommodated in a reduced building height. For the salt storage building, the height was determined based on clearances for a standard front loader to operate inside the building without damaging roof trusses. For the maintenance building, the height was determined based on clearances for the internal crane used for standard vehicle maintenance. This Variance Request meets the Criteria for Variance Approval as defined in the Village of Dundee Zoning Ordinance as described below. Criteria for Variance Approval-Nonuse (Area) Variance The Board may grant an area or nonuse variance only upon a finding that practical difficulties exist. An area variance is a variance from any dimensional standard or requirement of this Ordinance, such as, but no limited to, a deviation from density, height, bulk, setback parking, landscaping and signage standards and requirements. A finding practical difficulty shall require demonstration by the applicant of all of the following: Building Height a) That strict compliance with area, setbacks, frontage, height, bulk, density, or other non-use matters would unreasonably prevent the owner from using the property for a permitted purpose, or would render the conformity unnecessarily burdensome; The requested building height increase for the salt storage building and vehicle maintenance facility are predicated on the safe internal operations of each building. The salt storage building height has been determined based on safe maneuverability of a front loader inside the building. The front loader is used to load the salt trucks from the side in the most time effective process to ensure they are applying salt to the roadways as much as possible. 7050 West Saginaw Highway, Suite 200 TEL: 517.272.9835 Lansing, MI 48917 www.bergmannpc.com Page 10 of 11 Agenda Item #9.b EXHIBIT TO ZBA APPLICATION The building height increase for the maintenance facility is to provide the required vertical clearances for the internal crane used for standard maintenance operations. The crane is a safe application for removing vehicle parts such as the snow plow and the dump bed. b) That a variance would be substantial justice to the applicant, as well as to other property owners in the district; The requested building height variances ensure safe operations for all the employees at the facility. Without the additional height, the salt barn would be subject to potential damage from contact with the front loader and the maintenance facility would require the use of unorthodox unsafe ways to remove vehicle parts. c) A lesser variance than requested would not give substantial relief to the application and/or be more consistent with justice to other property owners; The requested variance are minimum height requirements for safe operating procedures. d) That the plight of the owner is due to the unique circumstances of the property and not generally applicable in the area or to the properties in the same zoning district such as exceptional narrowness shallowness, topography or area; The requested variance is specific to the use of the property and size of the operating vehicles. Salt application trucks are larger than standard vehicles thus requiring additional height for operations. e) That the problem and the resulting need for a variance is not self-created by the applicant. The requested variance is specific to the use of the property and size of the operating vehicles. Salt application trucks are larger than standard vehicles thus requiring additional height for operations. f) That the variance requested is the minimum amount necessary to overcome the inequality inherent in the particular property or mitigate the practical difficulty; The requested variance are minimum height requirements for safe operating procedures. The requested building height increases are 3’ and 4’-7” respectively. g) The granting of the variance will not materially impair the intent and purpose of this ordinance. The requested variance will not materially impair the intent or purpose of this ordinance. NATIONAL FIRM. STRONG LOCAL CONNECTIONS. PAGE 2 / 2 Page 11 of 11