Zoning Board of Appeals (ZBA)

AGENDA Village of Dundee Zoning Board of Appeals (ZBA) Monday, May 16, 2022 A meeting of the Zoning Board of Appeals (ZBA) will be held Monday, May 16, 2022 in Council Chambers 7:00 PM. 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES 4.a Zoning Board of Appeals (ZBA) - June 21 2021 - Minutes - Pdf 5. PUBLIC HEARING : (PLEASE LIMIT YOUR COMMENTS TO 4 MINUTES PER PERSON) 5.a Open Public Hearing 5.b Variance request from section 3.17.09. The maximum cumulative square footage of all accessory buildings and structures shall be as follows..(a) On lots up to two (2) acres in size, the cumulative square footage of all detached accessory buildings and structures shall not exceed one- half (0.5) the total floor area of the principal building. ZBA-VARIANCE REQUEST FOR 660 STRAWBERRY STREET 5.c Dennis Smith of 660 Strawberry Street, is requesting to expand the existing accessory footprint by 576 sq. ft. 5.d Close Public Hearing 6. OLD BUSINESS 7. NEW BUSINESS 7.a Variance request from Dennis Smith to expand the existing accessory footprint by 576 sq. ft. 8. PUBLIC COMMENT 9. ZONING BOARD COMMENTS 10. 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 Page 1 of 22 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 through the amended Public Act 254 to allow public bodies to conduct electronic "virtual" meetings with remote participation for any reason through April 1, 2021. The 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 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 22 Agenda Item #4.a MINUTES ZONING BOARD OF APPEALS (ZBA) VILLAGE OF DUNDEE, MI MONDAY, JUNE 21, 2021 7:00 PM COUNCIL CHAMBERS 1. CALL TO ORDER 2. ROLL CALL Present were Andrea Hickey, Rachel Scheich, Jennifer Reeves, Joe Fenner, and Nick Lapensee. Frank Chrzanowski, Kyle Petee, and Luke Larzelere was absent. Also present were Sarah Karl and Gary Dahl, David Uhl and 25 interested citizens. 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF AGENDA Jennifer Reeves moved, seconded by Village President Andrea Hickey, Motion to approve the agenda as printed. RESULT: Carried MOVER: Jennifer Reeves SECONDER: Village President Andrea Hickey 5. APPROVAL OF MINUTES 5.a Regular Meeting: May 24, 2021 Zba member Rachel Scheich moved, seconded by Jennifer Reeves, Motion to approve the Minutes of the May 24, 2021 Meeting as printed. RESULT: Carried MOVER: Zba member Rachel Scheich SECONDER: Jennifer Reeves 6. PUBLIC HEARING : 6.a Open Public Hearing 6.b Variance Request from section 3.26 Site: Supplementary Height Regulations (3.26.06 Silos and other farm structures shall be limited to fifteen (15) feet above the state height limit.) Also requests 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 height of 100' the pit conveyor will be encroaching on the side yard setback by 14' 3". Public Comment was provided by : Page Page31ofof22 3 Agenda Item #4.a Ron Roehm from Jon Marion, Inc. Travis Horkey Township Resident Dave Uhl, Township Resident 6.d Close Public Hearing Jennifer Reeves moved, seconded by Zba member Rachel Scheich, To adjourn the meeting at 7:15 pm. RESULT: Carried MOVER: Jennifer Reeves SECONDER: Zba member Rachel Scheich 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 Jennifer Reeves moved, seconded by Zba member Rachel Scheich, To approve a variance to section 3.26.02, a height variance of 110 feet . RESULT: Carried MOVER: Jennifer Reeves SECONDER: Zba member Rachel Scheich AYES: Village President Andrea Hickey, Zba member Rachel Scheich, Jennifer Reeves, Joe Fenner, and ZBA Nick Lapensee ABSENT: Frank Chrzanowski, Trustee Kyle Petee, and Luke Larzelere 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'. Jennifer Reeves moved, seconded by Village President Andrea Hickey, To approve a variance to section 9.03.01 - Table 9.02 to allow sideyard variance of 14ft 3inches. RESULT: Carried MOVER: Jennifer Reeves SECONDER: Village President Andrea Hickey AYES: Village President Andrea Hickey, Zba member Rachel Scheich, Jennifer Reeves, Joe Fenner, and ZBA Nick Lapensee ABSENT: Frank Chrzanowski, Trustee Kyle Petee, and Luke Larzelere 9. PUBLIC COMMENT 10. ZONING BOARD COMMENTS Zoning Board of Appeals (ZBA) June 21, 2021 Page Page42ofof22 3 Agenda Item #4.a 11. ADJOURNMENT There being no further business before the Zoning Board the meeting adjourned at time 7:30 pm. Zba member Rachel Scheich moved, seconded by Jennifer Reeves, to adjourn the meeting. RESULT: Carried MOVER: Zba member Rachel Scheich SECONDER: Jennifer Reeves Nick LaPensee Zoning Board of Appeals (ZBA) June 21, 2021 Page Page53ofof22 3 Page 6 of 22 Agenda Item #5.b PUBLIC HEARING NOTICE DUNDEE VILLAGE ZONING BOARD OF APPEALS Please take noticethat the Dundee VillageZoning Board of Appeals will hold a public hearing on Monday May 16, 2022 at 6:00 p.m. in the Village Council chamberslocated at 350 Monroe Street to consider the following variance request from Dennis Smith 660 Strawberry St (Tax ID: 5842 040 561 00) Applicant is requesting the following: Applicant is requesting variance from section 3.17.09 The maximum cumulative square footage of all accessory buildings and structures shall be as follows. (a) On lots up to two (2) acres in size, the cumulative square footage of all detached accessory buildings and str_uctures shall not exceed one- half (0.5) the total ?oor area of the principal building. Applicant is requesting to expand the existing accessory footprint by 576 sq ft. The purpose of this public hearing will be to receive public input on the variance requests. This notice will be mailed to all real property owners within 300 feet of the applicant property. The complete application can be reviewedat the Village Hall locatedat 350 W. Monroe St. Dundee Ml 48131 during normal business hours Monday through Friday from 8:00 a.m. to 5:00 p.m. Written comments can be addressedto Gary Dahl Zoning Administratorat the addresslisted above. Page 7 of 22 Agenda Item #5.b Page 8 of 22 Agenda Item #5.b Application for Zoning Board of Appeals RECEIVED ——‘—‘—""“" FA”) Dundee,Ml4Bl3l ——“*——*——— (734) 529-3430 We Re°°“’e“=—___—_ ApplicationFee: $ Z-‘5""" R‘-‘°°‘V°d57‘ (Review fees to be direct billed) AmountPaid:s Receipt Number:______ GENERALINFORMATION: Name(s)of LegalProperty Owner(s): QENMQ15M1] l_-§ Address: 2 sji ggm?gg g 1;‘ Q] :. Phone:(754 ) 523- 5;§;z s$‘(7sq ) 252- é?-[EQ Name of Applicant (if differentthan Owner): Skvsg & gg??g Signature(s)of LegalOwner(s): PROPERTY INFORMATION: Tax ID Number(s): GHQ5;] Q) LandArea (in acres): Address: 5 ziah?ég? 5'‘1. LegalDescription (use separate sheet if necessary): “87"/ //I6‘ lllq‘ 332 g 13 15$ Q55 QTZ am 2; Q5 QTQ ? Egg; §4Igg¢_:,E ggggmm Deed restrictions applying to?property: MA Current Zoning District: EA-Z Current Land Use: E?/0 - DescribeProperty Size/Dimensions,if relevant to request: /V? DescribeExistingStructure(s)or improvements on Property, if relevant to request; e__ 's7ame:. (21 23.1’) Date Property Was Acquired by Applicant [520 Page I of 3 Page 9 of 22 Agenda Item #5.b Page 10 of 22  . .. Agenda Item #5.b '1 REQUESTED ACTION: AFFIDAVIT: Having received a decision, order, requirement or determination from the Zoning Administratoror Planning Commission,the applicant hereby requests to’ appeal such decisionto the Zoning Board of Appeals for: Administrativeorder, requirement, decisionand/or determination A nonuse or use variance or adjustment in provisions applyingto a particular parcel or land, pursuant to Section l5.04 An interpretation of the zoning text and/or map El Specialland uses considerationswithin any zoning district Action on any other matter authorizedunder the terms of the Zoning Ordinance %Applicable Sections of the Zoning Ordinance to Be Consideredby ZBA: Describe the Exact Appeal(s)BeingMade (use separate sheet if necessary): AuQ‘ mg” _____________________ Qgéggg aMuQ(i gm; ggmagg i ablrllnbl??g?? gggdl? i State the Reason(s)for Makingthis Appeal: jgzgg Bgggn g ___________ am magi; eaM The ZBA Review Submitral Requirements Checklist has been completed and - 7'0 Q/?r?? ' 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 informationherewith 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 Zoning Ordinance Section I 5.0_5. Signature: Date: Page 3 of 3 Page 11 of 22 Agenda Item #5.b Page 12 of 22 Agenda Item #5.b Page 13 of 22 Agenda Item #5.b Page 14 of 22 Agenda Item #5.b £60 5‘51ZAw.BEt{?\{ 5-r. smzz :”=3o’ Page 15 of 22 Agenda Item #5.b Page 16 of 22 Agenda Item #5.b Date: May 3, 2022 Variance Analyst For Dennis Smith Applicant: Dennis Smith Project Name: Garage Addition Received April 28,2022 Location: 660 Strawberry St Zoning RA-2 Action Requested: Add 576 sq ft to existing garage Required Information: Noted in the review APPLICABLE ZONING CRITERIA Criteria for evaluating a non-use (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 ofAppeals — Non-use (dimensional) Variances. 15.03.01 Where owing to special conditions, a literal enforcement ofthe provisions ofthis Ordinance would involve practical di?iculties,the Board ofAppeals shall have the power upon appeal to authorize such variation or modifications 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. 15.03.02 Standards: The Board may grant a dimensional or non-use variance only upon a ?nding that practical di?icultiesexist. A dimensional variance is a variance ?om any dimensionalstandard or requirement ofthis Ordinance, such as, but not limited to, a deviation fromdensity, height, bullg setback, parking, landscaping, and signage standards and requirements. A finding ofpractical di?iculty shall require demonstration by the applicant ofall thefollowing: Page 17 of 22 Agenda Item #5.b Page 18 of 22 Agenda Item #5.b (a) That strict compliancewith area, setbacks, frontage, height, bulk, density, or other non-use matters would unreasonably prevent the owner fromusing the property for a permitted purpose, or would render the conformityunnecessarily 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 reliefto the applicant and/or be more consistent withjustice to other property owners; (a) 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; (e) That the problem and the resulting needfor 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 thepractical di?iculty; and, (g) 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: I)ESCRII’TI()N OF VARIANCE RE UEST The applicant is requesting to add 576 sq ft to his existing garage in the rear yard of his existing home attached to the existing structure. 0 Section 3.17.09 On lots up two 2 acres in size, the cumulative square footage of all detached accessory buildings and structures shall not exceed one half ( 0.5) the total ?oor area of the principle building. Currently the accessory structures total 972 sq ft. Currently the home sq ft is l800.The applicant is proposing to add 576 sq ft to the already existing accessory structure, putting him over the (0.5) total by 648 sqft. SECTION 15.03.02 ANALYSIS 15.03.02 Standards: The Board may grant a dimensional or non-use variance only upon a ?nding that practical dt?iculties exist. A dimensional variance is a variance ?om any dimensional standard or requirement of this Ordinance, such as, but not limited to, a deviationfromdensity, height, bulk, setback, parking, landscaping, and signage standards and requirements. A finding ofpractical di?iculty shall require demonstration by the applicant ofall thefollowing: Page 19 of 22 Agenda Item #5.b Page 20 of 22 Agenda Item #5.b (a) That strict compliance with area, setbacks, ?ontage, 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 conformityunnecessarily burdensome; RESPONSE: Due to the size of the lot all the setbacks can be met for this addition to the existing structure. (b) That a variance would do substantial justice to the applicant‘,as well as to other property owners in the district‘, RESPONSE: The variances will allow the applicantto store current cars inside the structure and not outdoor. And keep a clean appearance in the neighborhood. (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 Variancewould not allow vehiclesto be stored inside out of sight of neighbors. (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; RESPONSE: Due to the increase size of the applicants lot, the property can more than sustain the ' addition to the existing structure, and still allowing for the required 35% open area remaining. (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 fact the need for additional space to store vehicles inside. ' ()9 That the variance requested is the minimum amount necessary to overcome the inequality inherent in the particular property or mitigate thepractical di?iculty; and, RESPONSE: None (g) The granting ofthe variance will not materially impair the intent and purpose ofthis ordinance. RESPONSE: None Village staff recommens approving the additional square ft to be added to the existing accessory structure given the location on the site and the size of the lot. Gary Dahl Zoning Enforcement Officer Page 21 of 22 Agenda Item #5.b Page 22 of 22