ZONING BOARD OF APPEALS Quality Services for a Quality Community

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1 ZONING BOARD OF APPEALS Quality Services for a Quality Community MEMBERS Brian Laxton Chair John Cahill Vice Chair Nicholas Kipa Patrick Marchman Caroline Ruddell Travis Stoliker Chris Wolf City Council Liaison and Alternate Ruth Beier Staff Liaison Darcy C. Schmitt (17) City of East Lansing DEPARTMENT OF PLANNING, BUILDING & DEVELOPMENT 10 Abbot Road East Lansing, MI 883 (17) AGENDA July 1, 01 7:00 p.m. -B District Court, Courtroom Linden Street 1) OPENING A) Roll Call B) Approval of Agenda C) Approval of Minutes April 1, 01 ) COMMUNICATIONS A) Council Liaison B) Written C) Oral 3) NEW BUSINESS A) An appeal from Eric Muska for the property at 33 Division, from the following requirement of Chapter 0 - Zoning Code of the City of East Lansing: Article IV. Section 0-301, to permit 9% ground coverage where 0% is allowed. The applicant would like to replace existing sidewalks with stone pavers, install an egress window and widen an existing driveway. B) An appeal from Benjamin Van Dyke for the property at 38 Oxford Road, from the following requirements of Chapter 0 Zoning Code of the City of East Lansing: Article IV. Section 0-301, to permit an accessory structure to be 1-8 where 1 is allowed. The applicant is proposing to build a detached garage with an art studio above. East Lansing Zoning Board of Appeals Agenda July 1, 01, Page 1 of

2 ZONING BOARD OF APPEALS Quality Services for a Quality Community C) A public hearing will be held to consider a variance request from Hagan Realty, Inc. for the property at 110 Beech Street, in the R3, Single and Two-Family District, from the following requirement of Chapter 0 Zoning Code of the City of East Lansing: Article IV. Section 0-301, to permit a 3 building setback where is required. It is an existing building and the setback must receive a variance to allow the property to be licensed as a rental property. ) OLD BUSINESS ) STAFF REPORTS ) BOARD MEMBER CONCERNS 7) ANNOUNCEMENTS 8) ADJOURNMENT East Lansing Zoning Board of Appeals Agenda July 1, 01, Page of

3 ZONING BOARD OF APPEALS Quality Services for a Quality Community MEMBERS Chair Brian Laxton Vice Chair John Cahill Nick Kipa Caroline Ruddell Travis Stoliker Chris Wolf VACANCY City Council Liaison and Alternate Ruth Beier Staff Liaison Darcy C. Schmitt (17) City of East Lansing DEPARTMENT OF PLANNING, BUIL.DING & DEVELOPMENT 10 Abbot Road East Lansing, MI 883 (17) MINUTES April 1, 01 7:00 p.m. -B District Court, Courtroom Linden Street Present: Absent: Staff Present: 1) OPENING Cahill, Kipa, Ruddell, Stoliker, and Wolf Laxton (arrived at 7:10 PM) Schmitt A) Roll Call Cahill called the meeting to order at 7:00 p.m. At the calling of the roll, Chair Laxton was absent but arrived at 7:10 PM. B) Approval of Agenda Motion: It was moved by Stoliker and seconded by Ruddell that the agenda be approved. Vote: All yeas. Motion carried unanimously by a vote of to 0. C) Approval of the Minutes Motion: It was moved by Wolf and seconded by Stoliker that the minutes of March, 01 be approved as changed. Vote: All yeas. Motion carried unanimously by a vote of to 0. ) COMMUNICATIONS A) Council Liaison None B) Written None C) Oral None Cahill advised the applicant of the option of postponing the hearing on the application, per the ZBA bylaws, to a time when there was a full board. Mr. Pierson declined and stated that they would like to await Laxton s arrival. East Lansing Zoning Board of Appeals Minutes April 1, 01 Page 1 of

4 Motion: It was moved by Ruddell and seconded by Stoliker to amend the agenda and move New Business as the last item before adjournment. Vote: All yeas. Motion carried unanimously by a vote of to 0. 3) OLD BUSINESS None ) STAFF REPORTS Schmitt gave an update on the Evans Scholars Foundation s proposal. She stated that they removed five parking spaces and were able to add the addition without exceeding ground coverage. Laxton arrived at 7:10 PM. Motion: It was moved by Wolf and seconded by Stoliker to amend the agenda and move New Business as the next item instead of the last item before adjournment. Vote: All yeas. Motion carried unanimously by a vote of to 0. ) NEW BUSINESS A) 13 Reniger Court An appeal from David E. Pierson, McClelland & Anderson, LLP, for the property at 13 Reniger Court in the B-, Retail Sales Business District, from the following requirement of Chapter 0 - Zoning Code of the City of East Lansing: a. Article X. Sec. 0-83() Structural alterations of nonconforming structure within the ordinance definition of structural alteration of Section 0-8. To permit opening and door for interior entryway to office in apartment building through load-bearing wall within the structure Schmitt presented the Staff Report noting the location and zoning of the property and the surrounding area as indicated in the staff report. Schmitt stated the City s rezoning efforts deemed the structure non-conforming after the building was built. Wolf asked if the apartments to the west of the subject property wanted to do a similar proposal (changes to a load bearing wall) they would also be non-conforming. Schmitt replied affirmatively. David Pierson, 130 S. Washington, Lansing, the owner s representative, addressed the Board and distributed a picture of the Oaks looking down the driveway from Michigan Avenue. He stated that the photo shows the Oaks building behind (south) the Campus Village Apartments East Lansing Zoning Board of Appeals Minutes April 1, 01 Page of

5 which fronts on Michigan Avenue. He further stated that B- zoning of the Oaks is out of character with the other structures in the area given the distance from Michigan Avenue which is not conducive to a mixed-use building; thus non-conforming. Mr. Pierson stated that the change proposed is not a building structural change as it is an improvement which is not allowed under the non-conforming clause. He continued that Reniger Court is essentially an access drive to the Oaks and does not look like a street. Laxton asked Mr. Pierson to explain specifically what the project entails. Mr. Pierson stated that they intend to open up an interior load bearing wall and install a sliding glass door that leads into the leasing office. Motion: It was moved by Kipa and seconded by Stoliker to grant variance approval for the request from David E. Pierson, McClelland & Anderson, LLP, for the property at 13 Reniger Court, from the following requirements of Chapter 0 Zoning of the Code of the City of East Lansing: a. Article V. Sec. 0-3()(e) Ground Coverage, to increase the ground coverage from 3. % to. % where 0% is allowed. The Board finds that under Special Finding (1), that there are practical difficulties or unnecessary hardships resulting from the physical characteristics of the property in question which makes it unfeasible to carry out the strict letter of the Zoning Code; and (), that there are exceptional or extraordinary circumstances or conditions which apply to the property in question that do not apply to other properties and which have not resulted from any act on the applicant subsequent to the adoption of the Zoning Code. Kipa stated that he agrees that there are practical difficulties or unnecessary hardships given that the street dead ends and the building is located behind another apartment building. Stoliker stated he agreed with Kipa s comments. Cahill stated he too agreed with Kipa s comments and wanted to thank the applicant for laying out the proposed special findings. Wolf stated he agrees somewhat but has some uneasiness and reservations about it. He stated he feels they should be able to make the change. He stated that he would most likely be supporting the motion but feels the ideal solution would be for City Council to rezone it as it is not suited to be a B zone but they are not the body that determines zoning. Laxton asked if rezoning the property would be spot zoning. Schmitt replied affirmatively and explained spot zoning. Laxton stated he agreed with Wolf and would be voting in favor of the motion. Cahill stated he agrees with Wolf and would be voting in favor of the motion. East Lansing Zoning Board of Appeals Minutes April 1, 01 Page 3 of

6 Vote: All yeas. Motion carried unanimously by a vote of to 0. ) BOARD MEMBER CONCERNS The Board discussed nonconforming uses and zoning as it relates to the current Comprehensive Plan and the updated Comprehensive Plan future land use which is still in process. 7) ANNOUNCEMENTS The Board discussed the need of filling the vacant position on the board. 8) ADJOURNMENT There being no further business, the meeting was adjourned at 8:0 pm. John Cahill Vice Chair Darcy C. Schmitt Secretary East Lansing Zoning Board of Appeals Minutes April 1, 01 Page of

7 Department of Planning & Community Development Staff Contact: Darcy C. Schmitt Phone Number: ZBA Agenda: July 1, 01 STAFF REPORT June, Division Street Proposal An application to consider a variance request from Eric Muska for the property at 33 Division Street, from the following requirement of Chapter 0 - Zoning Code of the City of East Lansing: Article IV. Section 0-301, to permit 9% ground coverage where 0% is allowed. The applicant would like to replace existing sidewalks with stone pavers, install a small patio, install an egress window and widen an existing driveway. Background The property is lot 18 of Assessor s Plat of Lot 1 Angell s Subdivision which was developed in 199. Lot 18 is generally smaller than most of the lots within this plat. It is a corner lot with frontage on both Linden and Division Streets with lot dimensions of 90 feet by 0 feet and total lot size,00 square feet. It s location within the R-, Medium-Density Residential District requires a minimum lot width of 0 feet and a minimum lot size of,000 sq. ft. which it does not meet. This property and the neighboring properties to the south, border the RM-3, City Center Multiple-Family District which allows for maximum ground coverage of 0%. The property is also located within two overlay districts. The first overlay district is the R-O- 1, Residential Rental Restriction Overlay District, which prevents this property from acquiring a rental license since it was not licensed at the time the overlay was approved, yet this property and the property directly to the south are completely surrounded by rental properties as can be seen in the rental license map. The second is the Historic District which requires a certificate of appropriateness from the Historic Commission for most changes proposed to the exterior of a dwelling where it is visible from a street or alley.

8 33 Division Street Page Standards of Review In order to grant a variance, the Zoning Board must first find that the application satisfies certain required conditions stated in Section 0-(3)(a) of the Code, as follows: (1) The variance shall not be contrary to the public interest or the general intent and purpose of the Zoning Code; () The variance shall not permit the establishment of a use within a given district which is prohibited therein; (3) The variance shall not be a variance so commonly recurring as to make reasonably practical the formulation of a general regulation by the City Council; () The variance shall not cause substantial adverse effect to properties in the immediate vicinity or in the zoning district where the variance is located; and () The variance shall relate only to property that is described in the application for the variance. In addition, the Zoning Board must find that the application meets one of three special findings stated in Section 0-(3)(b) of the Code, as follows:

9 33 Division Street Page 3 1. Special Finding (1), that there are practical difficulties or unnecessary hardships resulting from the physical characteristics of the property in question which make it unfeasible to carry out the strict letter of the Zoning Code;. Special Finding (), that there are exceptional or extraordinary circumstances or conditions which apply to the property in question that do not apply to other properties and which have not resulted from any act of the applicant subsequent to the adoption of the Zoning Code; 3. Special Finding (3), that such variation is necessary for the preservation of a substantial property right possessed by other properties within the same zoning district. Additionally, in granting a variance the Board may specify in writing such other conditions regarding the location, character, landscaping, or other treatment that will, in the Board's judgment, be reasonably necessary to the furtherance of the intent of the Zoning Code and the protection of the public interest. The breach of any such condition shall automatically invalidate the permit granted. Staff Comments There are three specific circumstances that staff feels should be considered in evaluating the variance request, as follows: The lot does not meet current minimum lot requirement standards for the R- District; The lot borders a higher intensity zoning district that allows 0% lot coverage; and The garage fronts on Linden, the house fronts on Division, and a side door opens up to the south side of the house which increases the paving needed to enter and exit the house and garage. Possible Actions Following the public hearing on this appeal, if the Zoning Board finds that the application satisfies the required conditions stated above, it could grant the variance in accordance with, Special Finding ( ), (language of special finding); based on the following grounds:

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11 CITY OF EAST LANSING AERIAL PHOTOGRAPH LINDEN DIVISION SYCAMORE Zoning Board of Appeals Quality Services for a Quality Community

12 CITY OF EAST LANSING ZONING MAP GRAND RIVER AVENUE Zoning Board of Appeals Quality Services for a Quality Community

13 CITY OF EAST LANSING PLAT MAP Zoning Board of Appeals Quality Services for a Quality Community

14 CITY OF EAST LANSING Quality Services for a Quality Community Zoning Board of Appeals Albert MAC ABBOT Circle Charles Linden Collingwood Alley Farm Fern Physics Red Cedar Auditorium Circle Alley Ann Dormitory Legend Rental Class Class I Class II Class III Class IV Class V Class VI Bailey Neighborhood Existing Rental Licenses Note: Red Numbering is maximum licensed occupancy for a rental property.

15 Sec Table of lot and building requirements. Zoning District: RA R-1 R- R-3 Use Category: 1 Fam. Other All All 1 Fam. Other Minimum lot area 8,000 SF 1 acre 8,000 SF,000 SF,000 SF 10,000 SF Minimum lot width 70' 00' 70' 0' 0' 100' Minimum setback, principal building: from front lot line ' 0' ' 0' 0' 0' from rear lot line ' 30' ' 0' 0' 0' from side lot line: interior lot line 10% LW, 0' 10% LW, ' min. ' min. 10' (LW=lot width; total= sides) 8' min. 8' min. total - 1' total - 1' corner lot line ' 0' ' 0' 0' 0' Maximum building height: Principal building 30' or ½ stories 30' or ½ stories 30' or ½ stories 30' or ½ stories 30' or ½ stories 30' or ½ stories Accessory building 1' 0' 1' 1' 1' 1' Maximum building coverage % % % % % 30% Maximum ground coverage ratio 0% 0% 0% 0% 0% 0% Accessory buildings: Minimum setbacks: Page 1

16 Buildings in rear yard: from rear lot line 3' 0' 3' 3' 3' 3' line from interior side lot 3' 0' 3' 3' 3' 3' corner side lot line Same as principal building Same as principal building Same as principal building Buildings in side yard: from side lot line Same as principal building Same as principal building Same as principal building From principal building ' 10' ' ' ' ' (Code 199, ch.,.3; Ord. No. 103,.3, ; Ord. No. 997,.3, ; Ord. No. 1087, pt. I, ) Page

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29 Department of Planning & Community Development Staff Contact: Darcy C. Schmitt Phone Number: ZBA Agenda: July 1, 01 Proposal STAFF REPORT June, Oxford Road An application to consider a variance request from Benjamin Van Dyke for the property at 38 Oxford Road, in the R-, Medium Density Single-Family Residential District, from the following requirements of Chapter 0 Zoning Code of the City of East Lansing: Article IV. Section 0-301, to permit an accessory structure to be 1-8 where 1 is allowed. The applicant is proposing to build a detached garage with an art studio above.

30 38 Oxford Road Page Background The property is lot 37 of the Abbottside Plat which was developed in 199. Lot 37 is slightly smaller than the majority of the lots in this plat. The dimensions of the lot are 7. x 18.8 which is slightly smaller in width than would be allowed by current standards however the overall square footage of the lot is 7,0 sq. ft. which exceeds the minimum required of,000 sq. ft. in the R-, Medium-Density Residential District. The dwelling and the original garage were built in 198 according to the accessing records (conflicts with plat date?). A similar time period with two of the three garage samples that the applicant provided in Appendix. The garage located at 10 Sunset Drive was built in 1930 and the garage located at 939 Sunset Drive was built in 199. Also shown in Appendix is a garage located at 8 Clarendon Road, this garage was built in 00 and since it is attached to the house its height is considered as part of the main structure. The proposed garage and the existing house and all of the existing paving meet current setback, building and ground coverage requirements. Photograph of house prior to the demolition of the original garage.

31 38 Oxford Road Page 3 Standards of Review In order to grant a variance, the Zoning Board must first find that the application satisfies certain required conditions stated in Section 0-(3)(a) of the Code, as follows: (1) The variance shall not be contrary to the public interest or the general intent and purpose of the Zoning Code; () The variance shall not permit the establishment of a use within a given district which is prohibited therein; (3) The variance shall not be a variance so commonly recurring as to make reasonably practical the formulation of a general regulation by the City Council; () The variance shall not cause substantial adverse effect to properties in the immediate vicinity or in the zoning district where the variance is located; and () The variance shall relate only to property that is described in the application for the variance. In addition, the Zoning Board must find that the application meets one of three special findings stated in Section 0-(3)(b) of the Code, as follows: 1. Special Finding (1), that there are practical difficulties or unnecessary hardships resulting from the physical characteristics of the property in question which make it unfeasible to carry out the strict letter of the Zoning Code;. Special Finding (), that there are exceptional or extraordinary circumstances or conditions which apply to the property in question that do not apply to other properties and which have not resulted from any act of the applicant subsequent to the adoption of the Zoning Code; 3. Special Finding (3), that such variation is necessary for the preservation of a substantial property right possessed by other properties within the same zoning district. Additionally, in granting a variance the Board may specify in writing such other conditions regarding the location, character, landscaping, or other treatment that will, in the Board's judgment, be reasonably necessary to the furtherance of the intent of the Zoning Code and the protection of the public interest. The breach of any such condition shall automatically invalidate the permit granted. Staff Comments The proposed structure would not be considered an accessory structure for consideration of height if it were attached to the house, however; since the lot is narrow, the structure cannot be attached to the house. This house was built during a time period when it was more common to have detached garages with significantly peaked roofs.

32 38 Oxford Road Page Possible Actions Following the public hearing on this appeal, if the Zoning Board finds that the application satisfies the required conditions stated above, it could grant the variance in accordance with, Special Finding ( ), (language of special finding); based on the following grounds:

33 SUNSET LANE LANE CITY OF EAST LANSING AERIAL PHOTOGRAPH CLARENDON ROAD OXFORD ROAD Zoning Board of Appeals Quality Services for a Quality Community

34 CITY OF EAST LANSING ZONING MAP Zoning Board of Appeals Quality Services for a Quality Community

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45 Department of Planning & Community Development Staff Contact: Darcy C. Schmitt Phone Number: ZBA Agenda: July 1, 01 Proposal STAFF REPORT June, Beech Street An application to consider a variance request from Hagan Realty, Inc. for the property at 110 Beech Street, in the R3, Single and Two-Family District, from the following requirement of Chapter 0 Zoning Code of the City of East Lansing: Article IV. Section 0-301, to permit a 3 building setback where is required. It is an existing building and the setback must receive a variance to allow the property to be licensed as a rental property. Background The property is part of lots 1 and of Supervisor s Plat No. which was platted in 198. It fronts on Beech Street and the lot s length is unusually disproportionate to its width with dimensions of x 8.7. It s location within the R-3, Single and Two-Family District requires a minimum width of 0 feet and a total lot size of,000 sq. ft. The dwelling was built in 193 and is currently not licensed as a rental. The applicant has an option to purchase the property continent upon being able to convert the property to a duplex and license both units for occupancy of a family or two unrelated persons. This use is consistent with surrounding properties. Standards of Review In order to grant a variance, the Zoning Board must first find that the application satisfies certain required conditions stated in Section 0-(3)(a) of the Code, as follows: (1) The variance shall not be contrary to the public interest or the general intent and purpose of the Zoning Code; () The variance shall not permit the establishment of a use within a given district which is prohibited therein; (3) The variance shall not be a variance so commonly recurring as to make reasonably practical the formulation of a general regulation by the City Council; () The variance shall not cause substantial adverse effect to properties in the immediate vicinity or in the zoning district where the variance is located; and () The variance shall relate only to property that is described in the application for the variance.

46 110 Beech Street Page In addition, the Zoning Board must find that the application meets one of three special findings stated in Section 0-(3)(b) of the Code, as follows: 1. Special Finding (1), that there are practical difficulties or unnecessary hardships resulting from the physical characteristics of the property in question which make it unfeasible to carry out the strict letter of the Zoning Code;. Special Finding (), that there are exceptional or extraordinary circumstances or conditions which apply to the property in question that do not apply to other properties and which have not resulted from any act of the applicant subsequent to the adoption of the Zoning Code; 3. Special Finding (3), that such variation is necessary for the preservation of a substantial property right possessed by other properties within the same zoning district. Additionally, in granting a variance the Board may specify in writing such other conditions regarding the location, character, landscaping, or other treatment that will, in the Board's judgment, be reasonably necessary to the furtherance of the intent of the Zoning Code and the protection of the public interest. The breach of any such condition shall automatically invalidate the permit granted. Staff Comments The structure was built in 193 prior to the current setback requirements. The proposed use would not appear to have an apparent impact on the nonconformity. Possible Actions Following the public hearing on this appeal, if the Zoning Board finds that the application satisfies the required conditions stated above, it could grant the variance in accordance with, Special Finding ( ), (language of special finding); based on the following grounds:

47 CITY OF EAST LANSING AERIAL PHOTOGRAPH CORNELL AVENUE BEECH STREET Zoning Board of Appeals Quality Services for a Quality Community

48 CITY OF EAST LANSING ZONING MAP Zoning Board of Appeals Quality Services for a Quality Community

49 PLAT MAP

50 CITY OF EAST LANSING Quality Services for a Quality Community Zoning Board of Appeals Ann Spartan GRAND RIVER Kedzie Linden Frye Stoddard Bogue Physics Dormitory ditorium Stoddard Dormitory RENTAL MAP Circle Red Cedar Legend Rental Class Class I Class II Class III Class IV Class V Class VI Bailey Neighborhood Existing Rental Licenses Date: 9/30/01 Note: Red Numbering is maximum licensed occupancy for a rental property.

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