Zoning Board of Appeals (ZBA)

AGENDA Village of Dundee Zoning Board of Appeals (ZBA) Monday, May 13, 2024 A meeting of the Zoning Board of Appeals (ZBA) will be held Monday, May 13, 2024 in the Village 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 6. PUBLIC COMMENT 7. PUBLIC HEARING : (PLEASE LIMIT YOUR COMMENTS TO 4 MINUTES PER PERSON) 7.a Public Hearing regarding a Variance Request for 127 Barnum Street, Dundee, MI 48131 (42 040 683 00) 7.b Public Hearing regarding a Variance Request for 72/168 Riley Street & 179 Tecumseh Street, Dundee, MI 48131 (42 040 229 00 & 42 040 371 00 1) 8. UNFINISHED BUSINESS 9. NEW BUSINESS 9.a 2024 Slate of Officers 9.b Request consideration of a Variance Request for 127 Barnum Street, Dundee, MI 48131 (42 040 683 00) 127 Barnum Non Use Variance 9.c Request consideration of a Variance Request for 78/168 Riley Street & 179 Tecumseh Street, Dundee, MI 48131 (42 040 229 00, 42 040 371 00 1) Westbrook Racing Use Variance 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 Page 1 of 24 Village Manager, at 734-529-3430 or mhoffmeister@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 24 Agenda Item #9.b Date: April 4, 2024 Variance Request Review for Village of Dundee, Michigan Applicant: Peggy Moubarak Project Name: 127 Barnum St. Variance Request Plan Date: February 27, 2024 (application date) Location: 127 Barnum St., Dundee, MI 48131 (42 040 683 00) Zoning: B-1, Central Business District Action Requested: A variance from Section 17.05(D) REQUEST SUMMARY The Zoning Board of Appeals is scheduled to hold a public hearing to take comment on a variance request for a property located on the west side of Barnum St. between Tecumseh St. and Van Nest St. The site is located in the B-1, Central Business District. A two (2) story commercial building is located on the property with an attached one (1) story garage. The applicant is requesting a variance from Section 17.05(D) of the Village of Dundee Zoning Ordinance which establishes that “[w]indow areas shall be non-reflective glass and clear or lightly tinted in color.” If granted, reflective glass windows will be permitted on the property. An aerial photo of the site and a street view photo of the site from June, 2018 (Google Maps) are shown on the following page. 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 3 of 24 Agenda Item #9.b 127 Barnum Variance Request April 4, 2024 Figure 1. Aerial Photo of Subject Site (Lot Lines are Approximate) Van Nest St. Barnum St. Figure 2. Street View Photo of Subject Site (Google Maps, June, 2018) 2 Page 4 of 24 Agenda Item #9.b 127 Barnum Variance Request April 4, 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: In the context of a non-use variance request, the need for the variance must be due to a physical characteristic of the property itself, such as its topography or the dimensions of the lot. The characteristics that make conformity a burden must also be unique to the property and uncommon among others subject to the same requirements. The circumstances of an applicant or property owner are generally not a consideration for approval. Based on the information provided by the applicant, it is not clear that any circumstances of the property prohibit them from using it for a permitted purpose, or that strict application of Section 17.05(D) would be unnecessarily burdensome. The applicant has indicated that they have already installed reflective windows on the property. While we understand that installing compliant windows will involve an additional cost, the need for the variance must be due to a circumstance of the property itself. The applicant has also indicated that they installed reflective windows to replace existing reflective windows. We were unable to verify that reflective windows were previously existing on the property. Article 20 of the Zoning Ordinance outlines the circumstances where non- conforming structures may be continued, altered, or enlarged. According to Section 20.01, legal non-conforming buildings, structures and uses are permitted to remain until they are discontinued or removed. Legally nonconforming structures may be altered or modified pursuant to Section 20.03. However, non-conformities that were not permitted at the time they were established “…are classified as a nuisance and shall not receive any of the rights, privileges, or protection granted by [Article 20] for legal non-conformities.” We do not have any information that demonstrates the reflective windows on the property are a legal nonconformity. As shown in Figure 2, the property had transparent windows in June, 2018. It is our understanding that Section 17.05(D) was in effect as-of 2004 (Section 18.05.04 at that time). 1. 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. The applicant must provide more information to demonstrate how Section 17.05(D) imposes a greater burden on their property than it would to others subject to the same requirements. 3 Page 5 of 24 Agenda Item #9.b 127 Barnum Variance Request April 4, 2024 2. 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: We do not expect that a lesser variance would provide the applicant relief, although the Board may discuss this further with the applicant. It is our understanding that they are requesting the variance for all of the building’s windows facing Barnum St. The Board will also need to find that approval would not grant the applicant a privilege that isn’t generally enjoyed by other property owners. 3. That the problem and the resulting need for a variance is not self-created by the applicant; CWA Comments: The applicant must provide additional information to demonstrate that the need for the variance isn’t self-created. They have indicated that they installed reflective windows on the property. 4. 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. 5. The granting of the variance will not materially impair the intent and purpose of this ordinance. CWA Comments: For this standard to be met, the Board will need to determine that unique circumstances exist that unreasonably prevent the owner from using the property for a permitted purpose, or make compliance with Section 17.05(D) unnecessarily burdensome. Otherwise, approval could materially impair the intent and purpose of the Zoning Ordinance. 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 any circumstances of the property prohibit the applicant from using it for a permitted purpose, or that strict application of Section 17.05(D) would be unnecessarily burdensome. 2) Whether Section 17.05(D) imposes a greater burden on the applicant’s property than others subject to the same requirements. 3) Whether the requested variance is the least necessary to provide relief. 4) Whether approval would grant the applicant a privilege that isn’t generally enjoyed by other property owners. 5) Whether the need for the variance is self-created. 4 Page 6 of 24 Agenda Item #9.b 127 Barnum Variance Request April 4, 2024 6) Whether the variance requested is the minimum amount necessary to overcome the inequality inherent in the particular property or mitigate the practical difficulty. 7) Whether approval is consistent with the intent and purpose of the Zoning Ordinance. CARLISLE/WORTMAN ASSOC., INC. Mike Auerbach, AICP Associate Planner 5 Page 7 of 24 Agenda Item #9.b Page 8 of 24 Agenda Item #9.b Page 9 of 24 Agenda Item #9.b Page 10 of 24 Agenda Item #9.b Page 11 of 24 Page 12 of 24 Agenda Item #9.c Date: April 4, 2024 Variance Request Review for Village of Dundee, Michigan Applicant: Stewart Beal Project Name: Westbrook Racing & Performance Use Variance Request Plan Date: February 15, 2024 (application date) Location: 72/168 Riley St/179 Tecumseh St., Dundee, MI 48131 (42 040 229 00, 42 040 371 00 1) Zoning: B-1, Central Business District Action Requested: A use variance from Table 6.02 REQUEST SUMMARY The Zoning Board of Appeals is scheduled to hold a public hearing to take comment on a use variance request for a two (2) parcel site located on the west side of Riley St. between Park Pl. and Pearl St. The site is located in the B-1 Central Business District, and is 0.39 acres in total land area. A two-story building is located on the property that includes multiple units that are separately addressed. The applicant has requested a use variance from Table 6.02, Business Districts Schedule of Uses of the Village of Dundee Zoning Ordinance so that a custom motor shop may be permitted in the tenant space addressed as 179 Tecumseh. According to Table 6.02, automotive uses, including service, sale, and rental establishments, are not permitted in the B-1 District. If granted, the property owner will lease the space to Westbrook Racing & Performance- a custom motor shop. No alterations to the building or property are indicated as part of the variance request. To our knowledge, the 179 Tecumseh tenant space is currently vacant, and was last occupied by an indoor recreation establishment. The applicant has indicated that the space is 3,297 square feet in floor area, Benjamin R. Carlisle, President John L. Enos, Vice President Douglas J. Lewan, Principal David Scurto, Principal Sally M. Elmiger, Principal R. Donald Wortman, Principal Craig Strong, Principal Paul Montagno, Principal Megan Masson-Minock, Principal Laura Kreps, Principal Richard K. Carlisle, Past President/Senior Principal Page 13 of 24 Agenda Item #9.c Westbrook Racing & Performance Use Variance Request April 4, 2024 and consists of an open concrete floor with a twelve (12) foot garage door on the west elevation. The space also includes a restroom. As we discuss further in this review, we recommend that the applicant confirm that their request is specific to a portion of the building and provide more information about the building’s other units, whether they’re occupied, and if they will remain if the variance is approved. Figure 1. Aerial View of Subject Site, March 2023 (Lot lines are approximate) The applicant has indicated that they acquired the property in 2020, and are requesting the use variance because the space does not physically tailer to uses that are permitted in the B-1 District, and that the cost of renovating the space so that it could be occupied by a permitted use outweighs any potential return on investment for completing the renovations. The have also provided a description of Westbrook Racing & Performance, which includes the following information: • Indoor climate-controlled space where motors can be worked on and displayed. • Specialize in building, customizing, and manufacturing General Motors performance motors. • Retail section inside the space where customers can come in and look at a show room of motors and accessories. • Storefront for parts, which also provides services and motor installs for customs. • No exterior “junk yard” or storage. • Expansion of an already established business. 2 Page 14 of 24 Agenda Item #9.c Westbrook Racing & Performance Use Variance Request April 4, 2024 REVIEW STANDARDS The standards for evaluating use variance requests are established in Section 21.04(B) of the Village of Dundee Zoning Ordinance. Variance requests should be approved only upon finding that all of the standards listed in that section have been met. The Section 21.04(B) criteria, and our comments about the applicant’s request according to those criteria, are listed below. 1. The property cannot be reasonably used for any purpose permitted in the zoning district. There must be financial proof of the applicant’s inability to realize any reasonable return; speculation or a qualitative assessment is inadequate; CWA Comments: In order for this standard to be met, the Board will need to cite substantial evidence that the applicant is unable to realize any reasonable return on investment if the uses of the property are limited to those permitted in the B-1 District. As previously discussed, the applicant has indicated that the cost of renovating the space so that it could be occupied by a permitted use outweighs any potential return on investment. They have also indicated that they “have spent endless amounts of money on advertising and marketing of this space on nationwide platforms such as LoopNet, Costar, as well as our own marketing campaigns.” The applicant explains that they have had only one (1) leasing tenant since purchasing this property in 2020, during which the tenant was paying a rental rate far below market price. The uses permitted in the B-1 District are listed in Table 6.02 of the Zoning Ordinance, and include office, retail, service, and recreation establishments, as well as public, institutional, and utility facilities. Some of those uses include the following (both special and permitted): • Personal service establishments, such as, but not limited to: repair (watches, radio, television, shoe, etc.), tailor shops, beauty parlors, barber shops, interior decorators, photographers, and drycleaners. • Artisan and farmers markets. • Health clubs and physical fitness centers. • Indoor recreation facilities such as a movie theater, skating rink, soccer complexes or bowling alley. • Studios for professional work and/or teaching of music, dance, drama, photography or other similar activities. The applicant must provide documentation to support their statements that they are unable to realize any reasonable return on investment in the property without a variance. They will need to provide evidence that the physical characteristics of the space render it unusable for any permitted use, including those mentioned above. They must also demonstrate they have diligently marketed the property by providing evidence such as copies of the listings published to attract a tenant, and the prices they have offered. 3 Page 15 of 24 Agenda Item #9.c Westbrook Racing & Performance Use Variance Request April 4, 2024 The applicant must also quantify how they cannot realize a reasonable return on investment by providing a financial analysis. The analysis must include rental market data, details about types of renovations needed to use the property for a permitted purpose, and their estimated costs. While the applicant’s request is specific to a portion of the building, it is not clear that they are unable to realize a reasonable return on investment from the property as a whole. It is our understanding that the southern portion of the building includes multiple tenant spaces. The applicant must provide additional information about these units, whether they are occupied, and if they have any unusual characteristics. A floor plan could help demonstrate whether the building can or cannot be used for a permitted purpose in its entirety. 2. The need for a 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 find that relief should be accomplished by an amendment to the Zoning Ordinance, not a variance; CWA Comments: The applicant has not provided any information to demonstrate that the circumstances of this property are unique compared to others in the district. It is our understanding that many commercial units in the B-1 District are vacant. While the applicant has indicated that they have had an “extremely hard time renting this space,” they have not provided any supporting documentation to demonstrate how their circumstance differs from other properties in the area or same zoning district. Additional information about the property’s physical characteristics is also necessary to demonstrate a unique circumstance. The need for renovations alone are an inherent aspect of owning property and accommodating new uses or tenants. The applicant must provide more details about the existing structure on the property to demonstrate that unique and extensive renovations are necessary to use it for a permitted purpose. 3. The problem and resulting need for the variance has not been self-created by the applicant; CWA Comments: Without more information about the current condition of the building, types of renovations needed, and diligence of the applicant’s marketing efforts, it is not clear that the need for the variance has not been self-created by the applicant. 4. The variance will not alter the essential character of the area. In determining whether this criteria has been met, the established type and pattern of land uses in the area and the natural characteristics of the site and surrounding area shall be considered; and CWA Comments: The subject property is in the Village’s downtown with all adjacent properties zoned B-1 Central Business District. However, adjacent land uses to the southwest and southeast are single-family residential. An alley of roughly 12-15 feet separates the subject property from the nearest single-family residence. 4 Page 16 of 24 Agenda Item #9.c Westbrook Racing & Performance Use Variance Request April 4, 2024 The Zoning Ordinance limits where automotive uses may be permitted and establishes use- specific criteria for those uses because of their intensity and potential to create nuisances. Auto repair establishments may involve the use of noise-generating equipment, and typically have a need to store vehicles being serviced on site. The Board will need to determine whether auto repair activity is compatible with the established surrounding land uses. The applicant should also provide more information about the equipment that will be used on site, and where vehicles and parts will be stored. 5. That the variance requested is the minimum amount necessary to overcome the inequality inherent in the particular property or mitigate the practical difficulty. CWA Comments: As discussed in the previous sections, it is not clear that the characteristics of this property create an inherent inequality or practical difficulty. Quantitative evidence is needed to demonstrate whether an unnecessary hardship exists. A lesser variance may also provide relief. For example, the space appears to be conducive to warehousing and storage activity. A variance may not be necessary to storage activity that is ancillary to a permitted use. RECOMMENDATIONS We recommend that the Board consider the following in order to determine whether this request meets the Section 21.04(B) criteria for approval. In order to be approved, the Board must find that all of the criteria have been met. 1) Whether there is financial proof that the subject property cannot be reasonably used for any purpose permitted in the B-1 zoning district. 2) Whether the need for a 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. 3) Whether the need for the variance is self-created. 4) Whether the variance will alter the essential character of the area. 5) Whether the variance is the minimum amount necessary to overcome the inequality or practical difficulty experienced at this site. CARLISLE/WORTMAN ASSOC., INC. Mike Auerbach, AICP Associate Planner 5 Page 17 of 24 Agenda Item #9.c Page 18 of 24 Agenda Item #9.c Page 19 of 24 Agenda Item #9.c Page 20 of 24 Agenda Item #9.c Page 21 of 24 Agenda Item #9.c Page 22 of 24 Agenda Item #9.c Page 23 of 24 Agenda Item #9.c Page 24 of 24