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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