Zoning Board of Appeals (ZBA)

AGENDA Village of Dundee Zoning Board of Appeals (ZBA) Monday, June 21, 2021 A meeting of the Zoning Board of Appeals (ZBA) will be held Monday, June 21, 2021 in the council chambers at 7:00 PM. 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES 5.a Regular Meeting: Date Zoning Board of Appeals (ZBA) - May 24 2021 - Minutes - Pdf 6. PUBLIC HEARING : (PLEASE LIMIT YOUR COMMENTS TO 4 MINUTES PER PERSON) 6.a Open Public Hearing 6.b Variance Request from section 3.26 Site: Supplementary Heigh Regulations (3.26.06 Silos and other farm structures shall be limited to fifiteen (15) feet above the state height limit.) Also recuqest a side line variance from the required 20' to 5'9". 6.c John Marion, Inc is requesting to install a new pit conveyor with a new 10'x 10' bucket elevator at a heigh of 100' the pit conveyor will be encroaching on the side yard setback by 14' 3" 6.d Close Public Hearing 7. OLD BUSINESS 8. NEW BUSINESS 8.a Variance from Article 3, Section 3.26.02 Chimneys, church spires, cupolas, domes, towers, penthouses, water tanks, monuments may be erected to a height up to sixty (60); flag poles may be up to forty (40) feet tall. The Village shall be provided sufficient evidence to assure that adjacent uses and structures are not threatened due to a collapse of the structure for any reason and Section 3.26.06 Silos and other similar farm structures shall be limited to fifteen (15) feet above the stated height limit Agenda Item Review Form #21-055 - Pdf Page 1 of 25  8.b Variance Request: Sideline Variance of 14' in order to construct a conveyor pit. Section 9.03.01- Table 9.02 Allows 20' on1 side with a total of 40'. Agenda Item Review Form #21-056 - Pdf 9. PUBLIC COMMENT 10. ZONING BOARD COMMENTS 11. 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. Public comment can be made through the Public Comment Form located at https://dundeevillage.civicweb.net/Portal/CitizenEngagement.aspx Page 2 of 25 Agenda Item #5.a Draft MINUTES ZONING BOARD OF APPEALS (ZBA) VILLAGE OF DUNDEE, MI MONDAY, MAY 24, 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 May 24 2021 at the Village Office Council Chambers. The meeting was called to order at 7:00 pm by Chairman Larzelere. Present were Frank Chrzanowski, Andrea Hickey, Kyle Petee, Rachel Scheich, Luke Larzelere, Jennifer Reeves, Joe Fenner, and Nick Lapensee. No one was absent. Also present were Sarah Karl and Gary Dahl, and 3 interested citizens. 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF AGENDA Joe Fenner moved, seconded by Jennifer Reeves, Motion to approve the agenda with addition of item 9c. Appointment of New Zoning Board of Appeals Secretary. RESULT: Carried MOVER: Joe Fenner SECONDER: Jennifer Reeves AYES: Frank Chrzanowski, Village President Andrea Hickey, Trustee Kyle Petee, Rachel Scheich, Luke Larzelere, Jennifer Reeves, Joe Fenner, and ZBA Nick Lapensee 5. APPROVAL OF MINUTES 5.a Regular Meeting: January 26, 2021 Rachel Scheich moved, seconded by Village President Andrea Hickey, Motion to approve the Minutes of the Date Meeting as printed. RESULT: Carried MOVER: Rachel Scheich SECONDER: Village President Andrea Hickey AYES: Frank Chrzanowski, Village President Andrea Hickey, Trustee Kyle Petee, Rachel Scheich, Luke Larzelere, Jennifer Reeves, Joe Fenner, and ZBA Nick Lapensee 6. PUBLIC HEARING : 6.a Open Public Hearing 6.b Variance request from MDOT for fence in front yard. Page Page31ofof25 3 Agenda Item #5.a Draft 6.c Variance request from MDOT for a height variance for new proposed salt and repair facilities. 6.d Close Public Hearing 7. OLD BUSINESS 8. NEW BUSINESS 8.a Variance from section 2.20.06 (a) No Fences may be located with in the required front yard. Joe Fenner moved, seconded by Rachel Scheich, Motion to approve a variance to Fencing in the Front Yard from section 2.20.06 it must be Commercial Grade Vinyl Fencing, and also commercial grade vinyl fencing on any property that borders residential property. RESULT: Carried MOVER: Joe Fenner SECONDER: Rachel Scheich AYES: Frank Chrzanowski, Village President Andrea Hickey, Trustee Kyle Petee, Rachel Scheich, Luke Larzelere, Jennifer Reeves, Joe Fenner, and ZBA Nick Lapensee 8.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 ) Joe Fenner moved, seconded by Jennifer Reeves, to approve a variance from section 9.03 a Height Variance on requested buildings to increase the allowed height of 30' by 6'-5" and 11'-3" respectively on 2 separate buildings. RESULT: Carried MOVER: Joe Fenner SECONDER: Jennifer Reeves AYES: Frank Chrzanowski, Village President Andrea Hickey, Trustee Kyle Petee, Rachel Scheich, Luke Larzelere, Jennifer Reeves, Joe Fenner, and ZBA Nick Lapensee 8.c New appointment of Zoning Board of Appeals Secretary. 9. PUBLIC COMMENT 10. ZONING BOARD COMMENTS 11. ADJOURNMENT There being no further business before the ZBA the meeting adjourned at time 8:15 pm. Jennifer Reeves Zoning Board of Appeals (ZBA) May 24, 2021 Page Page42ofof25 3 Agenda Item #5.a Draft Jennifer Reeves Zoning Board of Appeals (ZBA) May 24, 2021 Page Page53ofof25 3 Page 6 of 25 Agenda Item #8.a AGENDA ITEM REVIEW FORM ☐ Resolution ☐ Ordinance ☐ Discussion ☐ Budget Amendment ☐ Consent Agenda Meeting Date: Staff Contact: Gary Dahl, Building Official Department: Subject: Variance from Article 3, Section 3.26.02 Chimneys, church spires, cupolas, domes, towers, penthouses, water tanks, monuments may be erected to a height up to sixty (60); flag poles may be up to forty (40) feet tall. The Village shall be provided sufficient evidence to assure that adjacent uses and structures are not threatened due to a collapse of the structure for any reason and Section 3.26.06 Silos and other similar farm structures shall be limited to fifteen (15) feet above the stated height limit Attachments: ZBA Packet June 21 2021 Page 7 of 25  Agenda Item #8.a Application for Zoning Board of Appeals ....“E .,. RECEIVED 350 Monroe Street PAID N Dundee, Ml48l3l (734) 529-3430 Application Fee: $ )$'O‘° . D3“? Re‘5elVed5 _:_: (Review fees to be direct billed) 1 . Recewed bY5 _..j__j _ Amount Paid: $ 1 Receipt Number: GENERAL INFORMATION: Name(s) of Legal Property Owner(s): /0 ‘W Address: PO “_{_ 54L/A/E TV!I 3 K/ Phone:(7_fy) é Fax:(73'Y) {Z22 "_§2ZZ Name of Applicant (if different than Owner): Company: Interest in l‘:'operty: Address: Phone: ( ) Fax: ( ) Signature(s) of Legal Owner(s): PROPERTY INFORMATION: Tax ID Number(s): Address: _é 01 Q "Qj/_(7"_70g ' 00 ? Land Area (in acres): /W . :3 I Legal Description (use separate sheet if necessary): Deed restrictions applyingto property: Current Zoning District: ( ail Current Land Use: C (__. Describe Property Size/Dimensions, if relevant to request: LE0 mug _2l:/2.I(:’\/In/CaEm _up' mt; Describe ExistingStructure(s) or Improvements on Property, if relevant to request: égg omwxg Date Property Was Acquired by Applicant [ EI Z» Page I of3 p Page 8 of 25 Agenda Item #8.a STANDARDS FOR APPEALS, INTERPRETATIONS, AND VARIANCES: Appeals and Interpretations: The Zoning Board of Appeals shall review the record and decision of the administrative body or official and determine whether the record supports the decision that was reached in accordance with the requirements of this ordinance. The Zoning Board of Appeals shall uphold the decision appealed from unless the record clearly shows that the original decision was: (a) arbitrary and capricious; or (b) failedto ensure consistency with ordinance standards; or (c) made in error, such as relyingon 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. Nonuse (Area) Variance: The Board may grant an area or nonuse variance only upon a ?nding that practical difficulties exist. An area variance is a variance from any dimensional standard or requirement of this Ordinance, such as, but not limited to, a deviation from density. height, bulk.setback, parking, landscapingand signage standards and requirements. A ?nding of practical dif?culty shall require demonstration by the applicant of all the following: (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; (b) That a variance would do substantial justice to the applicant.as well as to other property owners in the district; (c) A lesser variance than requested would not give substantial relief to the applicant and/or be more consistent with justice to other property owners; (cl) That the plight of the owner is due to the unique circumstances of the property and not generallyapplicable in the area or to the properties in the same zoning district such as exceptional narrowness, shallowness. topography or area; (e) That the problem and the resulting need for a variance is not self-created by the applicant; (f) That the variance requested is the minimum amount necessary to overcome the inequality inherent in the particular property or mitigate the practical difficulty:and, (g) The granting of the variance will not materially impair the intent and purpose of this ordinance. Use Variance: The Zoning Board of Appeals may grant a use variance only upon ?nding that an unnecessary hardship exists. A use variance is a variance that permits a use that is otherwise not provided for in a zoning district. A ?nding of an unnecessary hardshipshall require demonstration by the applicant of all of the following (a) The property cannot be reasonablyused for any purpose permitted in the zoning district. There must be ?nancial proof of the applicant’: inability to realize any reasonable return; speculationor a qualitative assessment is inadequate. (b) The need for the variance is due to unique circumstances peculiar to the property and not generally applicable in the area or to other properties in the same zoning district. The applicant must demonstrate that there are certain features that make it impossible to earn a reasonable return without some adjustment in those situations where others share the difficulty, the Zoning Board of Appeals may ?nd that relief should be accomplished by an amendment to the Zoning Ordinance.not a variance. (c) The problem and resulting need for the variance has not been self-created by the applicant. (cl) The variance will not alter the essential character of the aru In determining whether this criterion has been met. the established type and pattern of land uses in the area and the natural characteristics of the site and surroundingarea shall be considered. Page 2 of3 Page 9 of 25  .. Agenda Item #8.a REQUESTED ACTION: AFFIDAVIT: Having received a decision, order. requirement or determination from the Zoning Administrator or Planning Commission, the applicant hereby requests to appeal such decision to the Zoning Board of Appeals for: Ll Administrative order, requirement, decision and/or determination ?ASection nonuse or use l5.04 variance or adjustment in provisions applyingto a particular parcel or land, pursuant to 3 An interpretation of the zoning text and/or map Specialland uses considerations within any zoning district Action on any other matter authorized under the terms of the Zoning Ordinance ApplicableSections of the Zoning Ordinance to Be Considered by ZBA: Describe the Exact Appeal(s) Being Made (use separate sheet if necessary): State the Reason(s) for Makingthis Appeal: The ZBA Review Submittal Requirements Checklist has been completed and attached as an appendix. AFFIDAVIT: This application provides authority for Village representatives to physically view and inspect the property. The undersigned says that (s)he is the (owner. lessee or other speci?ed interest) involved in this petition and that the foregoing answers and statements herein contained and the information herewith submitted are in all respects true and correct to the bestof the his/her knowledge and belief.and accepts the effect of this appeal as per the n g Ordinanc ection l5.05. Signature I Date: 5/‘ UAW Page 3 of 3 Page 10 of 25  Item or VILLAGE Agenda #8.a DUNDEE Invoice For Permit: PB2l0l92 350 w. MONROE Print Date: 05/20/2021 DUNDEE, MI 48131 7345293430 JOHN MARION, INC. ||}IlV| PO BOX SALINE 224 MI 48176 — \ $ 750.00 00006785 02/26/21 PB210192 607 MAIN IIWIIIIIIKI s 0.00 WIIWIIIIIII sq‘ 1.000 150oo.000 Application Com Value (3) fee s2,001—s25,000 H $25.00 $252.00 $ 0.00 5 0.00 00006962 05/24/21 95210192 607 MAIN sr $ 750.00 1.000 ZBA Variance $750.00 $ 750.00 Page 11 of 25  Agenda Item #8.a » ‘VILLAGE OF DUNDEE Receipt: 41828 05/24/21 Cashier: Twehrle Received Of : JOHN MARION, INC. ; PO BOX 224 ‘ SALINE Ml 48176 } The sum of: 750.00 BDINV 00006962 750.00 Total 750.00 2 \ CHECK 68168 750.00 \ \ \ V i 1 \ \ } Signed: Page 12 of 25 Axi gen WebMail - Print Emails 1cabace9i.. http://pop.jmigrain.com/ajax/prim.hsp?_h=0c76ef912f7b Agenda Item #8.a 1 RE:RE:RE: RE:Letter ofApproval Mon, 04/26/20211:38 AM From: [Andrea Couch <acouch@omegarail.com>] To: [Carrie <carrie@jmigrain.com>] Management advised we are not issuing an approval letter as there is no work taking place on RR property. The email sent is what we can provide: We only issue approval letters and/or permits when work is taking place on RR property and we have processed a formal application. Thanks, Andrea Couch Office Manager Omega Rail Management, Inc. NEW ADDRESS!!! 109 Westpark Dr, Ste 440 Brentwood, TN 37027-5063 Direct: (615)627-0959 Office: (615) 331 -1900 acouch@omegarail,com From: Carrie <carrie@jmigrain.com> Sent: Monday, April 26, 2021 9:34 AM To: Andrea Couch <acouch@omegarai|.com> Subject: Re: RE: RE: RE: Letter of Approval thank you for the update Carrie Roehm Grain Buyer John Marion, Inc. L-arrie@jr_n_igrain.c0m 01 734‘429‘5740 C: 734-678-0664 On Mon, 04/26/2021 10:22 AM, Andrea Couch <acouch@omegarai|.<:om> wrote: Still trying to get a response: Andrea Couch Office Manager Omega Rail Management, Inc. NEW ADDRESS!!! 109 Westpark Dr, Ste 440 Brentwood, TN 37027-5063 Direct: (615) 627-0959 Office: (615)331-1900 acouch@omegarai|.com 1of4 Page 13 of 25 4/29/2l,l|:51Ai Axigen WebMail Prim Emails — http://popjmigrain.com/ajax/print.hsp?_h=0c76ef‘912f7blcabace9... Agenda Item #8.a From: carrie@'migrain.com < @g;mim> Sent: Monday, April 26, 2021 8:29 AM To: Andrea Couch <agough@gmegarai|.cgm> Subject: Re: RE: RE: Letter of Approval Good Morning, Just wondering what the status was on this. Thanks in advance! Carrie Roehm Grain Buyer John Marion, Inc. carn'e§aijmigrain.com 0: 734-429-5740 C: 734-678-0664 On Tue, 04/20/202111:38 AM,§arri§@jmigrain.;Qm wrote: Hi Andrea, Just was wondering ifyou got my last email, and how soon we could get a letter. Thanks in advance! Carrie Roehm Grain Buyer John Marion, Inc. carrie@j?igrain.com 01 734-429-5740 C: 734-678-0664 On Tue, 04/13/202102:35 PM, Carrie <carrie@jgigrain.com> wrote: Hi Andrea, Could we still get a letterthat the railroad is ok with it? The Villageof Dundee wants a letter before we can move forward. Thankyou! Carrie Roehm Grain Buyer John Marion, Inc. cam'e(u jgigraincom 05 734‘429'5740 C: 734-678-0664 On Tue, 04/13/2021 02:28 PM,Andrea Couch <a_gQu_m@_Qm_egar_a1L;g_m> wrote: Carrie, lof4 Page 14 of 25 4/29/21, 11:51 AM Axigen WebMail Print Emails - l 2f7b l cabace9... http://pop.jmigrain.com/ajax/print.hsp?_h=0c76ef9 Agenda Item #8.a The Ann Arbor Railroad advised that that as long as you do not 4 encroach on AARR property at any time (with work or material), then we do not need to issue any sort of approval or right of entry. Their track inspector will pass by this location and will monitor this area during the project. Thank you, Andrea Couch Office Manager Omega Rail Management, Inc. NEW ADDRESS!!! 109 Westpark Dr, Ste 440 Brentwood, TN 37027-5063 Direct: (615) 627-0959 Office: (615) 331-1900 acouch@omegarall.com From: Carrie <oarrie@'migrainrcom> Sent: Friday, April 9, 2021 12:22 PM To: Andrea Couch <acouch@omegarail.com> Subject: Re: RE: Letter of Approval Correct, 607. E Main St. Dundee Carrie Roehm Grain Buyer John Marion, Inc. Carrie uljmigrainxom 01 734-429-5740 C: 734-678-0664 On Fri, 04/09/20212:51 PM, Andrea Couch < £m§g > wrote; Carrie, To con?rm, the work is being performed at Main Street and not near Railroad Street? Andrea Couch Office Manager Omega Rail Management, Inc. NEW ADDRESS!!! 109 Westpark Dr, Ste 440 Brentwood, TN 37027-5063 Direct: (615) 627-0959 Office: (615) 331-1900 acouch@omegaraiI.com From: Carrie <carrie@jmigrain.oom> Sent: Friday, April 9, 2021 10:05 AM To: Andrea Couch <acouch@omegarai|.com> Subject: Letter of Approval Page 15 of 25Al\ 4/29/2l,ll:5l 3of4 Axigen WebMaiI Print Emails - http://pop.jmi grain.com/ajax/print.hsp?_h=0c76ef912F7blcabace9... Agenda Item #8.a Hi Andrea, I spoke with you on the phone a couple weeks ago regarding a construction project at John Marion, inc Grain Elevator located in Dundee, MI. I have attached a letter of proposal, location map, blueprint ofthe area where we are doing construction, and a map of the construction we are doing. None of the work we will be doing is on railroad property, however we will be within 1.5ft of the property line, and are asking for a letter ofapproval from the railroad. lfyou have any questions, or need more information please feel free to email or call me. Thanks again for your help, Carrie Roehm Grain Buyer John Marion, Inc. carrie@jgigrain.com 01 734'429'5740 C: 734-678-0664 4of4 Page 16 of 25 4/29/21, 11:51 AM Agenda Item #8.a Date: June 8, 2021 Variance Analysis for the Village of Dundee, Michigan Applicant: John Marion Inc Project Name: John Marion Bucket Elevator Received: May 20, 2021 Location: 607 E Main St (Tax ID: 42-040-302-00) Zoning: M-1 Action Requested: Height variance from Section 3.26 Sitezsupplementary Height Regulations (3.26.06 Silos and other farm structures shall be limited to ?fteen (15) feet above the stated height limit.) Also requesting a side line setback from the required 20’ to 59” Required Information: Noted in the review .»\l’I’l,l(‘.»\Bl.lC 7.()\‘l.\l(.‘ (‘RI Criteria for evaluating a nonuse (dimensional) variance petitions are contained within Section 15.03 of the Village of Dundee Zoning Ordinance. This process establishes the procedures for the Zoning Board of Appeals to make a decision based on the evidence presented to them with respect to the following matters: Section 15.03 Powers ofZoning Board of Appeals — Nonuse (dimensional) Variances. 15.03.01 Where owing to special conditions, a literal enforcement of the provisions of this Ordinance would involve practical difficulties, the Board ofAppeals shall have the power upon appeal to authorize such variation or modi?cations of this Ordinance with such conditions and safeguards as it may determine as may be in harmony with the spirit of this Ordinance and so that public safety and welfarebe secured and substantial justice done. Page 17 of 25 Agenda Item #8.a 15.03.02 Standards: The Board may grant a dimensional or nonuse variance only upon a ?nding that practical difficultiesexist. A dimensional variance is a variance fromany dimensional standard or requirement of this Ordinance, such as, but not limited to, a deviation fromdensity, height, bulk, setback, parking, landscaping, and signage standards and requirements. A finding ofpractical dt?iculty shall require demonstration by the applicant ofall thefollowing.‘ 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; (a) That a variance would do substantial justice to the applicant, as well as to other property owners in the district, (b) A lesser variance than requested would not give substantial reliefto the applicant and/or be more consistent with justice to other property owners; (c) 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; by the applicant; (d) That the problem and the resulting needfor a variance is not self-created (e) That the variance requested is the minimum amount necessary to overcome the inequality inherent in the particular property or mitigate the practical di??culty; and, (/9 The granting ofthe variance will not materially impair the intent and purpose ofthis ordinance. The above criteria are used in evaluating the submitted variance request. Our review and analysis details each of the applicable standards of Section 15.03.02. Our review is provided as follows: l)lCS(‘Rll"I‘l():\' ()F \'.\R|Al\'(‘F. RF.( l'|CST The applicant is requesting a height variance from section 3.26 Site: Supplementary Height Regulations (3.26.06 Silos and other farm structures shall be limited to ?fteen ( 15 ) feet above the stated height limit.) Also requesting a side line variance from the required 20’ to 5’9’. John Marion Inc is requesting to install a new pit conveyor with a new 10’x10’ bucket elevator at a height of 110’ the pit conveyor will be encroaching on the side yard setback by 14’.3’ SlC('TI().\ l 5.03.02 .»\N.\l.\'SlS 15.03.02 Standards: The Board may grant a dimensional or nonuse variance only upon a ?nding that practical di?icultiesexist. A dimensional variance is a variance fromany dimensional standard or Page 18 of 25 Agenda Item #8.a requirement of this Ordinance, such as, but not limited to, a deviation from density, height, bulk, setback, parking, landscaping, and signage standards and requirements. A ?nding of practical di?iculty shall require demonstration by the applicant ofall thefollowing: (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; RESPONSE: Strict compliance with the zoning ordinance requirement of 60’maximum height plus an allowable 15’ for farm silos would be a total allowable height of 75’ The applicant is requesting a total height of 110’, and would not unreasonably prevent the owner from using the property for its permitted pl.1l’pOSC . (b) That a variance would do substantial justice to the applicant, as well as to other property owners in the district, RESPONSE: The variance would allow the applicant to have additional capacity to off load grain with the holding capacity to store grain on the site to not change. The 110 height of the bucket elevator would not be contained on the site, as the fall zone would encroach on neighboring propertys. (c) A lesser variance than requested would not give substantial reliefto the applicant and/or be more consistent withjustice to other property owners; RESPONSE: A lesser variance would not allow the the applicant to construct the bucket elevator because of the height of the existing silos. The lesser height would keep the neighbors out of the tower fall zone. (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; RESPONSE: Currently the property is close to is building capacity as far as side line setback being 20’ each side with a total of 40’ there is however room in the rear of the site for future development. (e) That the problem and the resulting need for a variance is not self-created by the applicant,‘ RESPONSE: The problem is self-created due to the applicants need to off-load more than one truck at a time. 09 That the variancerequested is the minimum amount necessary to overcome the inequality inherent in the particular property or mitigate the practical difficulty; RESPONSE: The encroachment into the setbacks are based solely on distances required for the installed equipment to function as designed theirfor requiring it to be located within the allowed setback. (g) The granting ofthe variance will not materially impair the intent and purpose of this ordinance. Page 19 of 25 Agenda Item #8.a RESPONSE: The ordinance is designed to create guide lines and safeguards for all partys involved. Granting this variance will materially impair the intent and purpose of this ordinance. The applicant is requesting to exceed the height restriction of the ordinance, there is a risk of this elevator to fall over a railroad track and a public road. Staff would ask if another location could possibly be considered as an option for approval. Gary Dahl Village Building Dept Page 20 of 25 Agenda Item #8.a Page 21 of 25 Agenda Item #8.a L l'$~]I['q‘.3. l???imv QJABUSSOB |ooo..q|oa 99AV9€8 - WAL96TV=53l0UWJ003 Page 22 of 25 Agenda Item #8.a 1 Page 23 of 25 Page 24 of 25 Agenda Item #8.b AGENDA ITEM REVIEW FORM ☐ Resolution ☐ Ordinance ☐ Discussion ☐ Budget Amendment ☐ Consent Agenda Meeting Date: Staff Contact: Gary Dahl, Building Official Department: Subject: Variance Request: Sideline Variance of 14' in order to construct a conveyor pit. Section 9.03.01- Table 9.02 Allows 20' on1 side with a total of 40'. Background Information: See Variance Analysis Attached to 8a. Page 25 of 25