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Mt. Pleasant Zoning Board of Appeals
February 27, 2002I. Members Present: Spycher, Laughlin, Murray, Staples, Tolas, Ruggirello
Members Absent: Derry
Others Present: Bill McCracken, two appellantsII. Petitions and Communications
Chairman Spycher called the meeting to order at 7:00 p.m. and explained the procedure for the hearing to the appellants. To grant a variance requires four affirmative votes, and all motions will be made in the affirmative.
A. Case #2-2002 - 1002 E. Chippewa - Request for a variance from Section 154.007 (B)(4) of the Zoning Ordinance. Non-conforming use (second-floor apartment) has been discontinued for more than one year.
Sandy Halasz, prospective owner of the property, gave the history of the property. An elderly lady owned the house, lived in the downstairs and rented the upstairs. Since she passed away, the house has been vacant. Ms. Halasz requested an interpretation from the Zoning Board, saying that the intent of the estate was to sell it as a duplex. There are approximately 10 parking spaces; all are hard-surfaced with asphalt. The Fire Department has inspected the house and made recommendations of improvements to the structure. There is an outside entrance to the second floor, and the property itself has approximately 45,000 square feet of land area. Ms. Halasz stated that she was going to make more improvements than what the Fire Department recommended: Each apartment will have its own electric service and she will put in a second furnace for the upstairs apartment. Previous to this, there was one furnace that heated both apartments.
Staples asked how long the building was vacant.
Ms. Halasz replied that Mrs. Westbrook, the owner of the property, died a little over a year ago.
Staples then asked if the Fire Department would be coming back to the house to be sure that their recommendations have been carried out.
She replied that they would.
The chairman opened the hearing to the public. There was no one present who wished to speak.
McCracken reported that he had received one letter and a petition signed by seven neighbors in support of the project.
After Board discussion,
M/S Staples/Laughlin to approve the request of the appellant to own and occupy the home as a duplex. The motion passed unanimously.
The Board's interpretation was as follows: Since the intent of the owner and, following her death, the heirs, was always to sell the house as a duplex, there was no discontinuation of the non-conforming use. In support of that position, a check of the City Assessor's records reveals that it has been assessed as a duplex, so it was their interpretation that the structure retained its status as a duplex.
B. Case #3-2002 - 1309, 1321, and 1323 S. Mission St. - Request for a variance from Section 154.121(G) of the Zoning Ordinance. Proposed curb cut on Preston Street is wider than the 30 feet allowed by ordinance.
Larry Campbell, 1186 Twelve Mile Road, Madison Heights, representing the appellants, gave the history behind the request: A thirty foot curb cut is not large enough for the type of use they propose for the property. In fact, they would like to remove the two existing 30-foot wide curb cuts and replace them with one that is 40 feet wide. The developer will be building a new Walgreen's store and demolishing Rally's, the Cinema four, and part of the travel agency.
McCracken presented a letter from Tony Kulick on behalf of the Planning Commission which stated that the Planning Commission is going to be looking into changing the curb cut requirements in the Zoning Ordinance because trucks and emergency vehicles have become longer and wider. The developer feels that the 40-foot curb cut works the best based on their experience at their other sites.
Staples stated that in his experience when he lived downstate, with the turning radiuses the way they are, thirty feet is not adequate for a drive opening.
Tolas said that the developer is doing away with two curb cuts that were each 30 feet wide and only installing one 40-foot one, for a net gain of 20 feet.
The chairman opened the hearing to the public.
Lois Cook, 1002 Glenwood, expressed concern about the east fence and the possibility that when the theater is torn down and the fence removed it would become a drive-through with excessive speeding, which is not a good mix with the residential area behind the complex.
Mr. Campbell stated that he really didn't have the authority to make decisions about Mrs. Cook's concerns, but knowing the people and what they plan to do with the complex, he feels they would probably be more than happy to do something that would address her concerns.
At that time, McCracken stated that Mr. Murray, the developer, had not been a good neighbor in the past and it had taken several months to get things accomplished in the past.
Tolas stated that he feels the Board has to look at getting rid of two extra drive openings and getting it down to one. It will give easier access to the Fire Department also.
M/S Tolas/Murray to grant the variance for a 40-foot drive opening on condition of the removal of the two 30-foot openings. Also to include staff appraisal of the situation with the possibility of limiting access to the 18-space parking lot on the east side of Murray's existing building if he deemed some sort of barrier necessary to cut off drive-through traffic.
The motion passed unanimously.
The variance was granted on the following grounds:
1. Replacement of two 30-foot curb cuts with one 40-foot curb cut.
2. Traffic, especially truck traffic, would be directed away from the neighborhoods behind the complex and back toward Mission Street.
3. The 40-foot drive opening would provide easier access for emergency vehicles.
III. Unfinished Business
M/S Tolas/Laughlin to approve the minutes of the January 23, 2002, meeting as presented.
The motion passed unanimously.
There being no new business, the meeting was adjourned at 8:10 p.m.