Zoning Board of Appeals (ZBA)

AGENDA Village of Dundee Zoning Board of Appeals (ZBA) Monday, February 20, 2023 A meeting of the Zoning Board of Appeals (ZBA) will be held Monday, February 20, 2023 at 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) - Minutes for May 16, 2022 Agenda Item Review Form #23-027 - Pdf 5. PUBLIC HEARING : (PLEASE LIMIT YOUR COMMENTS TO 4 MINUTES PER PERSON) 5.a Open Public Hearing 5.b Dimensional Variance for 530 Toledo St. Dundee, MI 48131 (42 040 359 00). The property is zoned RA-2, One-Family Residential. The applicant is requesting a two-foot variance from the five-foot side yard setback required by Table 5.03 of the Village of Dundee Zoning Ordinance. The request applies to the property's north side lot line. If approved, a three-foot side yard setback from the north property line would be allowed. 5.c Close Public Hearing 6. OLD BUSINESS 7. NEW BUSINESS 7.a Dimensional Variance for 530 Toledo Street, Dundee, MI 48131 (42 040 359 00) Agenda Item Review Form #23-030 - Pdf 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 questions regarding the accessibility of this meeting or the facilities, are requested to contact the Interim Village Manager, at 734-529-3430 or manager@villageofdundee.net to allow the Village to make reasonable accommodations for those persons. Page 1 of 12 Public comment can be made through the Public Comment Form located at https://dundeevillage.civicweb.net/Portal/CitizenEngagement.aspx Page 2 of 12 Agenda Item #4.a AGENDA ITEM REVIEW FORM ☐ Resolution ☐ Ordinance ☐ Discussion ☐ Budget Amendment ☐ Consent Agenda Meeting Date: February 20, 2023 Department: Subject: ZBA Minutes for May 16, 2022 Attachments: 2022.05.16 DV ZBA Minutes DRAFT Page 3 of 12 Agenda Item #4.a MINUTES ZONING BOARD OF APPEALS (ZBA) VILLAGE OF DUNDEE, MI MONDAY, MAY 16, 2022 6:00 PM COUNCIL CHAMBERS 1. CALL TO ORDER The meeting was called to order at 6:03 pm. 2. ROLL CALL Present were Andrea Hickey, Rachel Scheich, Jennifer Reeves, Mike Salib, Nick Lapensee, and Luck Larzelere. Joe Fenner and Kylee Petee were absent Also present were Gary Dahl, Zoning Administrator and 2 interested citizens. 3. APPROVAL OF AGENDA Village President Andrea Hickey moved, seconded by ZBA Member Jennifer Reeves, to approve the agenda with the addition of item 7.B, Larzelere Resignation as Board Chair RESULT: Carried MOVER: Village President Andrea Hickey SECONDER: Jennifer Reeves 4. APPROVAL OF MINUTES 4.a Regular Meeting: June 21, 2021 ZBA Member Rachel Scheich moved, seconded by ZBA Member Jennifer Reeves, to approve the Minutes of the June 21, 2021 Meeting as printed. RESULT: Carried MOVER: ZBA Member Rachel Scheich SECONDER: ZBA Member Jennifer Reeves 5. PUBLIC HEARING : 5.a Open Public Hearing 5.b Variance request for 660 Strawberry Street. 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. Zoning Board of Appeals May 16, 2022 Meeting Minutes Page 1 of 3 Page 4 of 12 Agenda Item #4.a 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". No public comments were given. Zoning Administrator Gary Dahl presented the application. 5.c Close Public Hearing 6. OLD BUSINESS 7. NEW BUSINESS 7.a Variance request for 660 Strawberry Street. 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. 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". ZBA Member Rachel Scheich moved, seconded by ZBA Member Mike Salib, to approve approve the 576 square foot addition to the existing accessory structure for Dennis Smith at 660 Strawberry Street RESULT: Carried MOVER: ZBA Member Rachel Scheich SECONDER: ZBA Member Mike Salib AYES: Village President Andrea Hickey, ZBA Members Rachel Scheich, Jennifer Reeves, Mike Salib, Nick Lapensee, Luke Lazerlere ABSENT: ZBA Members Joe Fenner and Kylee Petee 7.b Resignation Larzelere Resignation as Board Chair Village President Andrea Hickey moved, seconded by ZBA Member Jennifer Reeves, to appoint Mike Salib as Board Chair RESULT: Carried MOVER: Village President Andrea Hickey SECONDER: ZBA Member Jennifer Reeves AYES: Village President Andrea Hickey, ZBA Members Rachel Scheich, Jennifer Reeves, Mike Salib, Nick Lapensee, Luke Lazerlere ABSENT: ZBA Members Joe Fenner and Kylee Petee 8. PUBLIC COMMENT Zoning Board of Appeals May 16, 2022 Meeting Minutes Page 2 of 3 Page 5 of 12 Agenda Item #4.a 9. ZONING BOARD COMMENTS 10. ADJOURNMENT Zba member Rachel Scheich moved, seconded by Jennifer Reeves, to adjourn the meeting. RESULT: Carried MOVER: Zba member Rachel Scheich SECONDER: Jennifer Reeves There being no further business before the Zoning Board the meeting adjourned at time 7:20 pm. Nick LaPensee Zoning Board of Appeals May 16, 2022 Meeting Minutes Page 3 of 3 Page 6 of 12 Agenda Item #7.a AGENDA ITEM REVIEW FORM ☐ Resolution ☐ Ordinance ☐ Discussion ☐ Budget Amendment ☐ Consent Agenda Meeting Date: February 20, 2023 Department: Subject: Dimensional Variance for 530 Toledo Street, Dundee, MI 48131 (42 040 359 00) Attachments: ZBA 530 Toledo CWA Review February 16, 2023 Page 7 of 12 Agenda Item #7.a Date: February 16, 2023 Variance Request Review for Village of Dundee, Michigan Applicant: Doug and Paula Fisk Project Name: 530 Toledo St Variance Request Plan Date: January 17, 2023 (application date) Location: 530 Toledo St., Dundee, MI 48131 (42 040 359 00) Zoning: RA-2, One-Family Residential Action Requested: Approval of a two-foot variance from the five-foot side yard setback required by Table 5.03. REQUEST SUMMARY The Zoning Board of Appeals is scheduled to hold a public hearing to take comment on a variance request for property located at 530 Toledo St., located south of W. Monroe St. and north of Sidney St. The applicants are requesting a two-foot variance from the five-foot side yard setback required from the northern side lot line by Table 5.03 of the Village of Dundee Zoning Ordinance. If approved, a three-foot side yard setback from the northern lot line would be allowed. An aerial photo of the subject site is shown in Figure 1. According to Dundee Township’s online assessing records, a single-family dwelling and two accessory structures are currently located on the property. The applicants are requesting the two-foot variance in order to construct an attached garage on the west side of the existing dwelling. The layout sketch provided by the applicants indicates that the proposed garage is 1,344 square feet in area, and would be sited to be flush with what appears to be a porch on the dwelling’s northern elevation. Richard K. Carlisle, President Douglas J. Lewan, Executive Vice President John L. Enos, Vice President David Scurto, Principal Benjamin R. Carlisle, Principal Sally M. Elmiger, Principal Craig Strong, Principal R. Donald Wortman, Principal Laura K. Kreps, Senior Associate Paul Montagno, Senior Associate, Megan Masson-Minock, Senior Associate Page 8 of 12 Agenda Item #7.a 530 Toledo St. Variance Request February 16, 2023 Figure 1. Aerial Photo of Subject Site (Lot Lines are Approximate) As proposed, the attached garage would encroach into the required side yard setback due to the location of the existing dwelling and porch in relation to the northern lot line, which is shown in a boundary survey and the layout sketch provided by the applicant. The lot and structure dimensions and setbacks as specified by the applicant and the Dundee Township Assessor website are listed in Table 1. The applicant would need to provide additional information, such as a certified plot plan survey, to verify the area, height and setbacks of the existing structures. Table 1. Existing and Proposed Area, Height, and Setbacks (Principal Structure Only) Dimensional Requirements Required Existing Proposed Min. Lot area/max. 6,000 sq. ft. per 24,568 24,568 Lot Size density dwelling unit Min. Lot Width (ft.) 60 83 83 Maximum Building In Stories 2.5 1.75 1.75 Height In Feet 30 N/A N/A Front Yard, ft. 25 N/A N/A Side Yard, ft. (North) 5 6.25 3 Setback Requirements Side Yard, ft. (South) 5 N/A N/A Total Both Side Yards, ft. 15 N/A N/A Rear Yard, ft. 35 N/A N/A Percent 50% N/A N/A Max. Lot Coverage Square Feet 12,284 1,758 3,102 2 Page 9 of 12 Agenda Item #7.a 530 Toledo St. Variance Request February 16, 2023 REVIEW STANDARDS The standards for evaluating dimensional variance requests are established in Section 21.03(B) of the Village of Dundee Zoning Ordinance. Variance requests should be approved only if the Board finds that all of the standards of that section have been met. The Section 21.03(B) criteria, and our comments about the applicant’s request according to those criteria, are listed below. 1. 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; CWA Comments: For this standard to be met, the Board will need to find that the circumstances of the property itself, such as its topography or the dimensions of the lot, unreasonably prevent the owners from using the property for a permitted purpose or create an unnecessary burden. Strict application of the Village’s side yard setback may be unnecessarily burdensome due to the shape of the lot. The boundary survey provided by the applicants shows that the lot width decreases from east to west towards the River Raisin. The front lot line is shown to be 85 feet in width, while the lot width at the rear of the property, measured as the shortest distance between the two side lot lines, is approximately 50 feet. However, the applicant will need to provide additional information to demonstrate that strict application of the side yard setback requirement would unreasonably prevent them from building an attached garage. The application documents do not specify why the garage footprint cannot be shifted south to match the principal dwelling’s north elevation. 2. That a variance would do substantial justice to the applicant, as well as to other property owners in the district, CWA Comments: Approval would do substantial justice to the applicant and other property owners if attached garages are a common feature of single-family dwellings in the immediate area and the RA-2 District as a whole. As shown in Figure 2, the tapered dimensions of the subject site appear to be unique when compared to other properties in the area. However, additional research would be necessary to determine whether attached garages are typical for the district, as well as the number of properties with garages at all. 3. A lesser variance than requested would not give substantial relief to the applicant and/or be more consistent with justice to other property owners; CWA Comments: The applicant will need to provide more information about the proposed garage addition to demonstrate that approval would be consistent with the justice enjoyed by other property owners under the same ordinance requirements. The garage addition is proposed to be twenty-eight feet in depth and forty-eight feet in width, or 1,344 square feet. For reference, the minimum required dimensions for a perpendicular parking space is nine feet by twenty one feet according to Table 16.05(C) of the Village Zoning Ordinance. It is not clear whether structures of this size and configuration are generally feasible on other lots in the area and in the same District. 3 Page 10 of 12 Agenda Item #7.a 530 Toledo St. Variance Request February 16, 2023 4. 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; CWA Comments: As previously discussed, the tapered width of the property appears to be unique and not generally applicable to others in the area or the RA-2 District. Figure 2. Parcel Boundaries, General Site Vicinity 5. That the problem and the resulting need for a variance is not self-created by the applicant; CWA Comments: The applicants will need to provide additional information to demonstrate that the need for the variance is not self-created. As mentioned previously, the need for the variance would be self-created if the garage location could reasonably be shifted south. The applicants will also need to confirm that neither they or the property’s recent predecessors in title are responsible for creating the current lot dimensions or building the existing dwelling in its current location. 6. That the variance requested is the minimum amount necessary to overcome the inequality inherent in the particular property or mitigate the practical difficulty; and, CWA Comments: Provided that the items previously mentioned in this review are addressed, the variance appears to be the least necessary to provide relief. 4 Page 11 of 12 Agenda Item #7.a 530 Toledo St. Variance Request February 16, 2023 7. The granting of the variance will not materially impair the intent and purpose of this ordinance. CWA Comments: Provided that the items previously mentioned in this review are addressed, approval would not materially impair the intent and purpose of the Zoning Ordinance. RECOMMENDATIONS Prior to taking action on the variance request, the Board will need to cite evidence that the following items have been addressed: 1) That strict application of the side yard setback requirement would unreasonably prevent the applicants from building an attached garage on the property. 2) That other properties in the general area and district are not subject to similar dimensional constraints, and that approval would be consistent with the justice enjoyed by other property owners under the same ordinance requirements. 3) That the need for the variance is not self-created. If the Board determines that the items above have been addressed, we recommend that the Board consider the following findings as a basis to approve the variance request: 1) Strict application of the Village’s side yard setback may be unnecessarily burdensome due to the shape of the lot, which decreases in width from east to west towards the River Raisin. 2) Construction of the attached garage as proposed is consistent with the zoning requirements as applied to other properties in the area and RA-2 District. 3) The variance is the least necessary to provide relief. 4) Approval would not materially impair the intent and purpose of the Zoning Ordinance. CARLISLE/WORTMAN ASSOC., INC. Mike Auerbach Planner 5 Page 12 of 12