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HomeMy WebLinkAbout7-11-96 BA MinutesA meeting of the Board of Adjustment was held on July 11, 1996 with the following members present: Vice -Chairman Kevin Fuller Board Member Dohn LaBiche Board Member Mary Jowers Board Member Chuck Mason Board Members Absent: Board Member Bob Harris Also present: Stephen Richardson, Planning Director; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; and Jill Cole, Recording Secretary. APPROVAL OF MUqUTES Board Member LaBiche made a motion to approve the minutes of the May 2,1996 Board of Adjustment Public Hearing. Board Member Jowers seconded the motion. Motion to approve carried 4:0. I z K63 ymu V N PUBLIC FEARING 1) File #382-BA: A request for a variance to the side yard and rear yard building setback requirements of Section 30-25 B.2. in the GC -MD (General Commercial - Multiple Family Dwelling) District, to allow a 30'x 30'building addition to an existing business. Location: 3490 Concord Road, between Ironton and Detroit Applicant: Curtis Pollard Mr. Richardson told the Board that the applicant is requesting variances from the required five foot side yard and the required 10 foot rear yard. The applicant wishes to build within two feet of the side property line and within three feet of the rear property line. BOARD OF ADJUSTMENT July 11, 1996 Public Hearing The applicant wants to expand his auto repair business. He feels that the proposed location of the expansion is the most appropriate. Due to the shape of the lot on the north end, he would encroach into the setbacks as previously mentioned. Mr. Richardson recommended approval of the request. Twenty-five notices were sent to property owners within 200 feet of the subject property. Two responses in favor and none in opposition were returned. Vice -Chairman Fuller opened the public hearing and asked for the applicant's comments. Curtis Pollard, the applicant, addressed the Board. Vice -Chairman Fuller asked for comments in favor or in opposition. Harold Bartlett, who owns the property right behind the subject property, spoke in favor of the request. No further comments were made. Vice -Chairman Fuller closed the public hearing. Board Member LaBiche made a motion to approve the variance requests of File 382- BA as submitted. Board Member Mason seconded the motion. Motion to approve carried 4:0. 2) File 383-BA: A request for a variance to reduce the 15' rear yard setback requirement and a variance to reduce the 10' exterior or corner lot side yard setback requirement of Section 30-25 B.2. for a proposed 9' x 90' addition to a commercial building in a GC -MD District. Location: 2310 Calder Avenue Applicant: Tim Baker, President, Baker Auto Repair Mr. Richardson told the Board that the applicant wants to construct two additions to his existing business. It is the addition to the north side of the building that is in violation to the setback requirements. That addition would be one foot from the rear property and 1.3 feet from the side property line. Staff had concerns over the sanitary sewer line that runs along the rear lot lines in this block. The sewer line serves all 28 lots in the block. The Water Utilities Department says that it requires a minimum area of 10 feet in width to maintain the �q BOARD OF ADJUSTMENT July 11, 1996 Public Hearing sewer line. Staff felt that the proposed addition would severely hamper Water Utilities in servicing this line. Mr. Richardson recommended denial of the request. Twenty-one notices were mailed to property owners within 200 feet. Two responses in favor and none in opposition were returned. Vice -Chairman Fuller opened the public hearing and asked for the applicant's comments. Mr. Layne Walker, attorney, spoke on behalf of the applicant, Tim Baker. Mr. Walker explained the additions that Mr. Baker had planned. Vice -Chairman Fuller reminded Mr. Walker that all three conditions must be met, not just two out of three. Mr. Walker said their hardship is that there is no more room and that every square foot of property needs to be utilized. Discussion of hardship between board members and Mr. Walker continued. In response to a question from Board Member Mason, Mr. Walker said if the variances were granted, that Mr. Baker would be willing to post a bond to cover the cost of repairing that sewer line if they have problems with it. Mr. Cooper clarified after a discussion that the actual cost of relocating the line would be borne by the property owner. Vice -Chairman Fuller asked for comments in favor or in opposition. No comments were made. Vice -Chairman Fuller closed the public hearing. Board Member LaBiche asked to re -open the public hearing and asked Mr. Baker if the space behind the building is large enough to park cars. Mr. LaBiche talked about possible building solutions. Mr. Walker asked the Board not to deny the request because of the sewer line, because they were not convinced that there is a sewer line. Discussion between Board Members and staff on procedure followed. If the request were denied, the next step would be District Court. There is no time limit to 3 BOARD OF ADJUSTMENT July 11, 1996 Public Hearing re -submit an application to the Board of Adjustment if there is new evidence not previously known. Board Member LaBiche said the sewer line did not influence his decision. Vice -Chairman Fuller closed the public hearing. Board Member LaBiche made a motion to deny the variance request of File 383-BA. Board Member Mason seconded the motion. Motion to deny carried 2:2. Lu M.1 991� THERE BEING NO FURTHER BUSU4FM, THE MEETING WAS ADJOURNED. P