Zoning Board of Appeals (ZBA)

AGENDA Village of Dundee Zoning Board of Appeals (ZBA) Monday, April 10, 2023 A meeting of the Zoning Board of Appeals (ZBA) will be held Monday, April 10, 2023 in the Council Chambers at 7:00 PM. 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES 4.a Regular Meeting: February 20, 2023 ZBA Minutes 2023-02-20 5. PUBLIC HEARING : (PLEASE LIMIT YOUR COMMENTS TO 4 MINUTES PER PERSON) 6. OLD BUSINESS 7. NEW BUSINESS 7.a 990 Wells Road Variance Request Agenda Item Review Form #23-062 - 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. Public comment can be made through the Public Comment Form located at https://dundeevillage.civicweb.net/Portal/CitizenEngagement.aspx Page 1 of 31 Page 2 of 31 Agenda Item #4.a Minutes Village of Dundee Zoning Board of Appeals Monday, February 20, 2023 1. Call to Order a. The meeting was called to order at 7:01. 2. Roll Call a. ZBA members present were Luke Larzelere (Chair), Joe Fenner (Planning Commission Liason), Jennifer Reeves, and Nick LaPensee (secretary). Mike Salib and Rachel Scheich were absent. The council liason seat was vacant. b. Also present were Joe Wehrle (Zoning Administrator), Mike Auerbach (Carlisle Wortman Associates, Inc) and 5 interested citizens, including the applicant, Doug Fisk. 3. Approval of Agenda a. Joe Fenner moved, seconded by Jennifer Reeves, to approved the agenda. b. Result: Motion Carried 4. Approval of Minutes a. Jennifer Reeves moved, seconded by Joe Fenner, to approve the minutes of the May 16, 2022 meeting. Luke Larzelere proposed corrections to the spelling of 2 items. i. Item 1: Change “Luck Larzelere” to “Luke Larzelere” ii. Item 2: Change “Nick Lapensee” to “Nick LaPensee” b. Result: Motion Carried 5. Public Hearing a. Open public hearing b. Dimensional Variance request for 530 Toledo Street Dundee Michigan 48131 (42 040 359 00). The property is zoned RA-2, one family residential. The applicant is requesting a 2-ft variance from the 5-ft side yard setback required by table 5.03 of the village of Dundee zoning ordinance. The request applies to the properties north side lot line. If approved a 3-ft side yard setback from the north property line would be allowed. Mike Auerbach (Carlisle Wortman) presented the application. Public comment from Deborah Cross (456 Toledo St) and Doug Fisk (530 Toledo St) were given. c. Close public hearing 6. Old Business a. None 7. New Business a. Dimensional variance request for 530 Toledo Street Dundee Michigan 48131 (42 040 359 00). The property is zoned RA-2, one family residential. The applicant is requesting a 2-ft variance from the 5-ft side yard setback required by table 5.03 of the village of Dundee zoning ordinance. The request applies to the properties north side lot line. If approved a 3-ft side yard setback from the north property line would be allowed. b. Nick LaPensee moved, seconded by Joe Fenner, to deny the requested 2 foot Dimensional Variance for 530 Toledo Street Dundee Michigan 48131 (42 040 359 00) due to the fact that the problem and the resulting need a variance is self-created by the applicant. Note: This does not meet the requirements of question #5 for granting a Page 3 of 31 Agenda Item #4.a Minutes Village of Dundee Zoning Board of Appeals Monday, February 20, 2023 variance request. The standards for evaluating dimensional variance request are established in Section 21.03(8) of the Village of Dundee Zoning Ordinance. c. Roll Call Vote i. In favor: Jennifer Reeves, Joe Fenner, Luke Larzelere, Nick LaPensee ii. Opposed: None iii. Result: Motion Carried 8. Public Comment a. None 9. Zoning Board Comments a. Mike Auerbach (Carlisle Wortman) suggested a reoccurring ZBA meeting schedule. Additional information to be disseminated after his meeting with the Village Staff. 10. Adjournment a. The meeting was adjourned at 7:57pm. Page 4 of 31 Agenda Item #7.a AGENDA ITEM REVIEW FORM ☐ Resolution ☐ Ordinance ☐ Discussion ☐ Budget Amendment ☐ Consent Agenda Meeting Date: Department: Zoning Board of Appeals Subject: 990 Wells Road Variance Request Attachments: 2023.04.06 CWA Review ZBA 990 Wells Application 990 Wells Variance Page 5 of 31 Agenda Item #7.a Date: April 6, 2023 Variance Request Review for Village of Dundee, Michigan Applicant: Christian Webb Project Name: 990 Wells Road Variance Request Plan Date: March 9, 2023 (application date) Location: 990 Wells Rd., Dundee, MI 48131 (42 024 005 00) Zoning: RA-1, One-Family Residential Action Requested: 1. Approval of a 560 square foot variance from the maximum accessory structure lot coverage permitted by Section 11.12.A.9.a. 2. Approval of a variance from the accessory structure building material requirements of Section 11.12.A.11 to build a metal pole barn. REQUEST SUMMARY The Zoning Board of Appeals is scheduled to hold a public hearing to take comment on two variance requests for property located at 990 Wells Rd., south of Roosevelt St. The property is zoned RA-1, One- Family Residential. The applicant is requesting the following variances in order to construct a 1,200 square foot detached accessory structure with metal siding in the rear yard of the property: 1. A 560 square foot variance from the maximum accessory structure lot coverage permitted by Section 11.12.A.9.a. If approved, a maximum accessory structure lot coverage of 1,200 square feet may be permitted on the property. 2. A variance from the accessory structure building material requirements of Section 11.12.A.11. If approved, a detached accessory structure with metal siding may be permitted on the property. Benjamin R. Carlisle, President Douglas J. Lewan, Executive Vice President John L. Enos, Vice President David Scurto, Principal Sally M. Elmiger, Principal R. Donald Wortman, Principal Paul Montagno, Principal, Megan Masson-Minock, Principal, Laura Kreps, Senior Associate Richard K. Carlisle, Past President/Senior Principal Page 6 of 31 Agenda Item #7.a 990 Wells Road Variance Request April 6, 2023 Figure 1. Aerial Photo of Subject Site (Lot Lines are Approximate) The Section 11.12.A.9 accessory structure lot coverage requirements apply in all zoning districts, and are listed below. “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 gross floor area of the principal building. b. On lots over two (2) acres in size, the cumulative square footage of the detached accessory buildings and structures shall not exceed two (2) times the gross floor area of the principal building. c. In no case shall accessory buildings and structures, occupy more than thirty-five (35%) percent of the rear yard.” A detached single-family dwelling is located on the property. The applicant has indicated that the dwelling’s floor area is 1,280 square feet, and that the property is 0.46 acres in area. Based on this information, the maximum cumulative accessory structure lot coverage that may be permitted is 640 square feet. 2 Page 7 of 31 Agenda Item #7.a 990 Wells Road Variance Request April 6, 2023 Section 11.12.A.11 also applies to all accessory structures in all zoning districts, and establishes that “the design, color, building materials and roof pitch of any accessory building must be compatible with the principal building.” As shown in Figure 2, the dwelling is clad in siding. The Village’s Zoning Enforcement Officer has determined that the proposed metal pole barn is not compatible with the principal building. Figure 2. Subject Site, View from Southbound Wells Road REVIEW STANDARDS The standards for evaluating non-use 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 requests 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, Lot Coverage: The Board will need to determine whether the strict application of the lot coverage requirement prohibits the applicant from using the property for a permitted purpose, or if conformity would be unnecessarily burdensome. The basis for this finding must be a unique characteristic of the property itself, such as its dimensions or topography. 3 Page 8 of 31 Agenda Item #7.a 990 Wells Road Variance Request April 6, 2023 In order to make this determination, the Board could ask the applicant to provide more information about how they intend to use the pole barn. Table 5.02 lists the permitted and special land uses in the RA-1 District. Home occupations may also be permitted subject to Section 11.09, and would require separate review and approval. Based on available parcel records, the majority of RA-1 properties are fewer than 2 acres in area, and are subject to the same accessory structure lot coverage requirements as the subject site. Village records show that 317 parcels are zoned RA-1. The median lot size of RA-1 properties is 0.25 acres, and only 20 are greater than 2 acres in size. Like the subject site, the majority of RA- 1 properties are located near the Village’s boundaries with adjacent communities. CWA Comments, Building Materials: The Board will need to determine whether the strict application of the building material requirement prohibits the applicant from using the property for a permitted purpose, or if conformity would be unnecessarily burdensome. It is not clear whether the subject site has any unique characteristics that meet this criterion. As previously discussed, the dwelling is clad with siding. Section 11.12.A.11 is a general requirement that applies to all accessory structures in all zoning districts. While the Board may request additional information to confirm, we expect that metal is not a typical exterior material for single-family dwellings in the Village. In our opinion, metal structures like the proposed pole barn are more typical of non-residential uses. Alternate materials, such as plank, vinyl, or wood siding, would be more compatible with the site’s principal building. 2. That a variance would do substantial justice to the applicant, as well as to other property owners in the district, CWA Comments, Lot Coverage: For this standard to be met, the Board will need to find that approval would be more consistent with the rights of property owners in the same zoning district under the same requirements. It is not clear whether that is the case given that most other RA-1 properties are less than 2 acres in size. However, if the subject site’s principal building were exceptionally small for the district, approval may do substantial justice to the applicant and other property owners. CWA Comments, Building Materials: As with the lot coverage variance request, it is not clear that approving the variance from the Ordinance’s exterior material requirement would be more consistent with the rights of property owners in the same zoning district. 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, Lot Coverage: We recommend that the Board ask the applicant to provide additional information about the characteristics of the property that pose a hardship. The Board will also need to determine that the hardship is unique. CWA Comments, Building Materials: As previously discussed, the Board will need to determine that approval would be consistent with the rights enjoyed by other property owners under the same requirement. 4 Page 9 of 31 Agenda Item #7.a 990 Wells Road Variance Request April 6, 2023 4. That the problem and the resulting need for a variance is not self-created by the applicant; CWA Comments, Lot Coverage: The applicant will need to provide additional information to demonstrate that the need for the variance is not self-created. The applicant 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 dwelling on the property. CWA Comments, Building Materials: The applicant will need to provide additional information to demonstrate that the need for the variance is not self-created. 5. 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, Lot Coverage: We recommend that the Board ask the applicant to provide additional information about the basis for their request. Without more information about the proposed use or practical difficulty created by the property, is not clear that the 560 square foot variance is the least necessary to provide relief. CWA Comments, Building Materials: The Board will need to identify a characteristic of the property that creates a unique practical difficulty compared to others in the same zoning district. 6. The granting of the variance will not materially impair the intent and purpose of this ordinance. CWA Comments, Lot Coverage: Provided the items mentioned above are addressed, approval would not impair the intent and purpose of the Zoning Ordinance. CWA Comments, Building Materials: Provided the items mentioned above are addressed, approval would not impair the intent and purpose of the Zoning Ordinance. RECOMMENDATIONS The Board will need to make separate determinations for each request. Variance 1: A 560 square foot variance from the maximum accessory structure lot coverage permitted by Section 11.12.A.9.a. We recommend that the Board consider the following in order to determine whether this request meets the Section 21.03.B criteria for approval: 1) Whether the strict application of the lot coverage requirement prohibits the applicant from using the property for a permitted purpose, or if conformity would be unnecessarily burdensome. 2) Whether approval would be more consistent with the rights of property owners in the same zoning district under the same requirements. 3) The Board will need to identify a characteristic of the property that poses a hardship, and determine that the hardship is unique. 5 Page 10 of 31 Agenda Item #7.a 990 Wells Road Variance Request April 6, 2023 4) Whether the need for the variance is self-created. 5) Whether the 560 square foot variance is the least necessary to provide relief given the proposed use and hardship. 6) Whether approval will impair the intent and purpose of the Zoning Ordinance. Variance 2: A variance from the accessory structure building material requirements of Section 11.12.A.11 in order to construct a metal pole barn. We recommend that the Board consider the following in order to determine whether this request meets the Section 21.03.B criteria for approval: 1) Whether the strict application of the building material requirement prohibits the applicant from using the property for a permitted purpose, or if conformity would be unnecessarily burdensome. 2) Whether approval would be more consistent with the rights of property owners in the same zoning district under the same requirements. 3) Whether the material requirement poses a hardship due to the property’s unique characteristics, or that approval would be consistent with the rights enjoyed by other property owners under the same requirement. 4) Whether the need for the variance is self-created. 5) The Board will need to identify a characteristic of the property that creates a unique practical difficulty compared to others in the same zoning district. 6) Whether approval will impair the intent and purpose of the Zoning Ordinance. 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