HomeMy WebLinkAboutMinutes
BOARD OF APPEALS MINUTES
December 12, 2012
PRESENT: Dan Carpenter, Robert Cornell, Dennis Penney, Jane Cryan
EXCUSED: Kathryn Larson, Robert Krasniewski
STAFF: Todd Muehrer, Associate Planner/Zoning Administrator; Deborah Foland, Recording
Secretary
Chairperson Cornell called the meeting to order at 3:30 p.m. Roll call was taken and a quorum declared
present.
The minutes of October 10, 2012 were approved as presented. (Carpenter/Cryan)
ITEM I: 600 S. KOELLER STREET
The Velmeir Companies-applicant, 2020 Minnesota LLC-owner, requests the following variances to permit
relocated off-street parking facilities in the minimum front yard setback:
Description Code ReferenceMinimum Proposed
Front yard setback 30-34(D)(4)(a) 25’ 3’
Front yard setback 30-34(D)(4)(a) 25’ 14’
Mr. Muehrer presented the item and distributed photos of the subject site as well as photos taken by the
petitioner last weekend showing the need for the parking stalls. He also distributed a letter submitted by the
petitioner today from the owner of A&E Jewelers supporting the variance request. He stated that the
property was zoned C-2 General Commercial District within the Highway 41 Corridor Overlay and is being
used for commercial dine-in restaurant purposes. The property is developed with a principal structure
constructed in 1982 with associated off-street parking and loading facilities surrounding the structure and
two driveways located on S. Koeller Street which is predominately commercial uses. The applicant is
proposing to relocate five parking stalls in the existing off-street parking facilities located in the southeast
th
corner of the subject development as a result of the future reconfiguration of the W. 7 Avenue right-of-way
as part of the approved “CVS Pharmacy” development project. The subject parcel’s southeastern-most
th
access drive will be relocated from S. Koeller Street to W. 7 Avenue after the reconfiguration which will
cause the elimination of the five existing parking stalls. The petitioners are proposing to maintain the
number of off-street parking spaces on-site by relocating four stalls west of the proposed reconfigured
th
entrance fronting S. Koeller Street and relocating a single stall along the east lot line adjacent to W. 7
Avenue. Variances are required because the proposed stalls will intrude into the minimum front yard setback
thth
along both S. Koeller Street and W. 7 Avenue. The City’s approval of the reconfiguration of W. 7 Avenue
is creating a justifiable hardship and the variances, if granted, will not create any vehicular or pedestrian
safety conflicts. There will be no detrimental impact to the adjacent commercial facility to the east and on-
street parking would adversely impact the residential neighborhood. Approval of the variances as requested
is recommended.
Jack Burk, 5757 W. Maple Road, West Bloomfield, Michigan, stated he was representing CVS and that to
th
accomplish the approved plan with the re-direction of 7 Avenue, changing the location of the parking stalls
Board of Appeals Minutes 1 December 12, 2012
would require a variance. The variance, if granted, was all that was necessary to complete the proposed
project.
Mr. Cornell inquired if CVS utilizes on-street parking when the developed parking facilities are not large
enough.
Mr. Burk responded that the idea was to contain all the parking on site and their company does not wish to
encourage parking on the street.
Motion by Penney to approve the request for a variance to permit relocated off-street parking
facilities in the minimum front yard setback.
Seconded by Carpenter.
Motion carried 4-0.
Finding of Facts:
Hardship created by action of City.
Safety issue.
No harm to public interest.
OTHER BUSINESS
Mr. Cornell questioned if the Board of Appeals procedures would be discussed at the next month’s meeting.
Mr. Muehrer indicated that it was scheduled for discussion on the January agenda and the City Attorney
would be present to participate in this discussion.
There being no further business, the meeting adjourned at 3:40 p.m. (Cryan/Penney).
Respectfully submitted,
Todd Muehrer
Associate Planner/Zoning Administrator
Board of Appeals Minutes 2 December 12, 2012