Zoning Board of Appeals (ZBA)

AGENDA Village of Dundee Zoning Board of Appeals (ZBA) Monday, February 12, 2024 A meeting of the Zoning Board of Appeals (ZBA) will be held Monday, February 12, 2024 via Zoom 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: November 13, 2023 Zoning Board of Appeals (ZBA) - Nov 13 2023 - Minutes - Pdf 6. PUBLIC COMMENT 7. PUBLIC HEARING : (PLEASE LIMIT YOUR COMMENTS TO 4 MINUTES PER PERSON) 7.a Public Hearing for a variance request from Dundee Manufacturing located at 107 Fairchild Drive, Dundee, MI 48131 (42 011 008 90 & 91) 8. UNFINISHED BUSINESS 9. NEW BUSINESS 9.a Consideration of a variance request from Dundee Manufacturing located at 107 Fairchild Drive, Dundee, MI 48131 (42 011 008 90 & 91) 2024.02.08 Dundee Manufacturing Variance Docs 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 the 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 17 Page 2 of 17 Agenda Item #5.a MINUTES ZONING BOARD OF APPEALS (ZBA) VILLAGE OF DUNDEE, MI MONDAY, NOVEMBER 13, 2023 7:00 PM VIA ZOOM 1. CALL TO ORDER 2. ROLL CALL A Regular Meeting of the Dundee Zoning Board of Appeals was held on November 13, 2023, at the Village Office Council Chambers. The meeting was called to order at 7:00 pm by Chairman Larzelere. Present were board members Larzelere, Scheich, Hickey and Bordine. Absent were Board members Reeves, Fenner and Salib. Also present were Mike Auerbach and Joe Wehrle and 1 interested citizen. 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF AGENDA Andrea Hickey moved, seconded by Zba member Rachel Scheich, to approve agenda as amended RESULT: Carried MOVER: Andrea Hickey SECONDER: Zba member Rachel Scheich ABSENT: Jennifer Reeves, Joe Fenner, and Mike Salib 5. APPROVAL OF MINUTES 5.a Regular Meeting: April 10, 2023 Zba member Rachel Scheich moved, seconded by Andrea Hickey, Motion to approve the Minutes of the April 10, 2023 Meeting as printed. RESULT: Carried MOVER: Zba member Rachel Scheich SECONDER: Andrea Hickey ABSENT: Jennifer Reeves, Joe Fenner, and Mike Salib 6. PUBLIC COMMENT 6.a Katie Williamson from Log Cabin Laundromat explained to the board the reasonings for the zoning variance request. 7. PUBLIC HEARING 7.a Public Hearing regarding a variance request from the roof material requirement established in 17.04(B)(2) of the Village of Dundee Zoning Ordinance by Log Page Page31ofof17 3 Agenda Item #5.a Cabin Laundry located at 329 W. Monroe Street, Dundee, MI 48131 (42-040- 240-00/42-040-074-00) 8. UNFINISHED BUSINESS 9. NEW BUSINESS 9.a Consideration of a variance request from the roof material requirement established in 17.04(B)(2) of the Village of Dundee Zoning Ordinance by Log Cabin Laundry located at 329 W. Monroe Street, Dundee, MI 48131 (42-040-240- 00/42-040-074-00) The ZBA entered into discussion with Ms. Williamson about the circumstances related to the need for a zoning request. Due to the recent tornado as well as other straight-line winds, it is the opinion of the requestor that the winds that hit that area will continue to cause damage to the roof and that a metal roof will help to ensure the damage is lessened. Additionally, the requestor had already purchased the metal roofing, unaware of the ordinance, and would be unable to return for a refund, which would, per the requestor, cause an undue hardship on them. Ms. Williamson also noted that the building being repaired is not of historical significance and that there are other buildings, including one along Main St and several gazebos owned by the Village that have metal roofs. Zba member Rachel Scheich moved, seconded by Village President Tim Bordine, to approve the variance request from the roof material requirement established in 17.04(B)(2) of the Village of Dundee Zoning Ordinance by Log Cabin Laundry located at 329 W. Monroe Street, Dundee, MI 48131 (42-040-240-00/42-040-074-00) to repair damage from a prior tornado and weather events as denying would cause a hardship. RESULT: Carried MOVER: Zba member Rachel Scheich SECONDER: Village President Tim Bordine AYES: Luke Larzelere, Zba member Rachel Scheich, Andrea Hickey, and Village President Tim Bordine ABSENT: Jennifer Reeves, Joe Fenner, and Mike Salib 9.b Request authorization to approve the 2024 meeting dates for the Zoning Board of Appeals Andrea Hickey moved, seconded by Village President Tim Bordine, to appprove the 2024 ZBA meeting dates. RESULT: Carried MOVER: Andrea Hickey SECONDER: Village President Tim Bordine AYES: Luke Larzelere, Zba member Rachel Scheich, Andrea Hickey, and Village President Tim Bordine ABSENT: Jennifer Reeves, Joe Fenner, and Mike Salib 9.c Appointment of new secretary Zba member Rachel Scheich moved, seconded by Village President Tim Zoning Board of Appeals (ZBA) November 13, 2023 Page Page42ofof17 3 Agenda Item #5.a Bordine, to appoint Andrea Hickey as the Secretary of the ZBA. RESULT: Carried MOVER: Zba member Rachel Scheich SECONDER: Village President Tim Bordine AYES: Luke Larzelere, Zba member Rachel Scheich, Andrea Hickey, and Village President Tim Bordine ABSENT: Jennifer Reeves, Joe Fenner, and Mike Salib 9.d Referal of ordinance Andrea Hickey moved, seconded by Zba member Rachel Scheich, to refer the ordinace to the Planning Commission and Village Council for review.. RESULT: Carried MOVER: Andrea Hickey SECONDER: Zba member Rachel Scheich AYES: Luke Larzelere, Zba member Rachel Scheich, Andrea Hickey, and Village President Tim Bordine ABSENT: Jennifer Reeves, Joe Fenner, and Mike Salib 10. ZONING BOARD COMMENTS 11. ADJOURNMENT There being no further business before the ZBA, the meeting adjourned at time 7:44pm. Zoning Board of Appeals (ZBA) November 13, 2023 Page Page53ofof17 3 Page 6 of 17 Agenda Item #9.a Date: February 8, 2024 Variance Request Review for Village of Dundee, Michigan Applicant: Dundee Manufacturing Project Name: Dundee Manufacturing Loading Space Variance Request Plan Date: December 20, 2023 (application date) Location: 107 Fairchild Drive, Dundee, MI 48131 (42 011 008 90 & 91) Zoning: M-1, Manufacturing District Action Requested: A variance from Section 16.06(F)(1). REQUEST SUMMARY The Zoning Board of Appeals is scheduled to hold a public hearing to take comment on a variance request for a two (2) parcel site located at 107 Fairchild Drive. The site is located in the M-1, Manufacturing District. The applicant is requesting a variance from Section 16.06(F)(1) of the Village of Dundee Zoning Ordinance, which establishes that “loading spaces shall be provided off-street in the rear or side yard behind the front building line of the principal structure and shall not be permitted in the front yard or where visible from a street or residential district.” If granted, two (2) additional loading spaces will be permitted in the property’s front yard. The applicant is requesting the variance in conjunction with a proposed 46,232 square foot addition to the existing 30,625 square foot building, which is shown in Figure 1. The addition will be located to the south of the existing building and will include space for manufacturing, offices, and employee parking. The two (2) new truck wells are proposed at the northeast corner of the existing building, which are the subject of the variance request. The proposed truck wells will face Fairchild Drive at a 45-degree angle to accommodate semi-trucks’ turning radii. The applicant will also expand the existing driveway to ensure adequate clearance. Two (2) loading docks and one (1) truck well are currently located on the building’s east elevation, which are shown in Figure 2. The new truck wells will be to the north. 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, Principal Richard K. Carlisle, Past President/Senior Principal Page 7 of 17 Agenda Item #9.a Dundee Manufacturing Loading Space Variance Request February 8, 2024 Figure 1. Aerial Photo of Subject Site (Lot Lines are Approximate) Ann Arbor Rd. Fairchild Dr. Figure 2. Google Street View Image of Subject Site (May, 2023) 2 Page 8 of 17 Agenda Item #9.a Dundee Manufacturing Loading Space Variance Request February 8, 2024 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: Strict enforcement of Section 16.06(F)(1) may be unnecessarily burdensome given the site’s existing configuration and dimensions. The north parcel is approximately three (3) acres in area, 290 feet in width, and 425 feet in depth. Given the footprint of the existing building and relative narrowness of the lot, it makes practical sense that the building’s loading doors are on the east elevation with front yard access. There is no additional space in the north side yard, and a detention pond is located in the rear yard, which poses an additional constraint. Even though additional space is available now that the applicant is expanding to the property to the south, strict enforcement of Section 16.06(F)(1) would require them to completely reconfigure the existing building and site layout. 2. That a variance would do substantial justice to the applicant, as well as to other property owners in the district, CWA Comments: It In the context of a variance request, the question of substantial justice has to do with whether an ordinance requirement is more burdensome on an applicant’s property than it is for the majority of others that are subject to the same requirement. Given the unique site constraints, we expect approval will do substantial justice to the applicant without granting a benefit that would be unfair to other property owners. 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 requested variance is the least necessary to provide relief. The only other options available to the applicant would be to reconfigure the site. 4. That the problem and the resulting need for a variance is not self-created by the applicant; CWA Comments: We do not have any information that suggests the circumstances resulting in the need for the variance are self-created, although the Board may ask the applicant for additional information to confirm. Available Google imagery indicates that the site existed in its current configuration since at least 2008. Even if the applicant is responsible for siting the existing building in its current location, the existing loading spaces are located in a front yard due to the practical constraints we previously discussed. 3 Page 9 of 17 Agenda Item #9.a Dundee Manufacturing Loading Space Variance Request February 8, 2024 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: As previously discussed, the variance appears to be the minimum amount necessary to provide relief. 6. The granting of the variance will not materially impair the intent and purpose of this ordinance. CWA Comments: In our opinion, granting the variance will not materially impair the intent and purpose of the Ordinance. The subject site faces other industrial properties, and is located on a road that is only shared by other industrial uses. Screening loading spaces from view is less of a concern in this particular location. RECOMMENDATIONS We recommend that the Board consider the following in order to determine whether this request meets the Section 21.03.B criteria for approval. In order to be approved, the Board must find that all of the criteria have been met. 1) Whether the strict application of Section 16.06(F)(1) would be unnecessarily burdensome given the site’s existing configuration and dimensions, and that those characteristics are unique. 2) Whether approval will do substantial justice to the applicant given the north parcel’s constraints, and that approval would not grant a benefit that would be unfair to other property owners. 3) Whether the requested variance is the least necessary to provide relief, and that the only other option available to the applicant would be to reconfigure the site. 4) Whether the need for the variance is self-created. 5) Whether the variance requested is the minimum amount necessary to overcome the inequality inherent in the particular property or mitigate the practical difficulty. 6) Whether approval is consistent with the intent and purpose of the Zoning Ordinance given the site constraints and general location. CARLISLE/WORTMAN ASSOC., INC. Mike Auerbach, AICP Associate Planner 4 Page 10 of 17 Agenda Item #9.a Page 11 of 17 Agenda Item #9.a Page 12 of 17 Agenda Item #9.a Page 13 of 17 Agenda Item #9.a Page 14 of 17 Agenda Item #9.a Page 15 of 17 Agenda Item #9.a Page 16 of 17 Agenda Item #9.a Page 17 of 17