Aug 17, 2022 Zoning Board of Appeals Meeting

[00:00:01]

OKAY. ALL RIGHT.

WELL, IT IS SIX IT LOOKS LIKE 37 ON THE MERIDIAN TOWNSHIP CLOCK.

[1. CALL MEETING TO ORDER]

MEMBER KOENIG? PRESENT. MEMBER DESCHAINE? PRESENT. CHAIR FIELD-FOSTER IS HERE AND I BELIEVE WE ALSO EXPECT TO SEE MEMBER PRIMO COME SHORTLY.

CAN I GET AN APPROVAL OF THE AGENDA OR ARE THERE CORRECTIONS THAT NEED TO BE MADE?

[2. APPROVAL OF THE AGENDA]

SO MEMBER KOENIG VOTING.

YES.

YES. AND THE CHAIR VOTES YES AS WELL.

[3. CORRECTIONS, APPROVAL AND RATIFICATION OF MINUTES]

I HAD ONE. I WAS LIKE I HAD ONE.

FIRST PAGE IF YOU FLIP IT OVER.

I PRINTED ON MINE DOUBLE SHEET.

IT SAYS THAT PRESENT SAYS IT.

ALL FIVE MEMBERS ARE PRESENT WITH AN ABSENT HAS YOUR NAME ON THERE AS WELL.

SO I DON'T BELIEVE I THINK YOU ARE RIGHT.

YES. SO I WOULD JUST MAKE THE CORRECTION TO STRIKE VICE CHAIR FIELD-FOSTER FROM THE PRESENT LISTING OF THE ATTENDEES FOR THE JULY 20TH MEETING.

ALL RIGHT. WE WILL DEFINITELY MAKE THAT CORRECTION.

THAT WAS ONE THAT I NOTICED AS WELL.

AND ARE THERE ANY OTHER CORRECTIONS, MODIFICATIONS TO THE MINUTES? ALL RIGHT. WITH THAT, WE WILL VOTE ON THE MODIFIED AMENDMENTS.

MEMBERED DESCHAINE YES.

MEMBER KOENIG YES.

AND THE CHAIR FIELD-FOSTER VOTES YES AS WELL.

DO WE HAVE ANY COMMUNICATIONS BEFORE US TODAY?

[4A. Pushpa & Harish Tekchandani, 6046 Porter Ave. RE: ZBA Case #22-08-17-2]

ALL RIGHT. IS THERE ANY UNFINISHED BUSINESS? NOPE, NOT SEEING ANY.

LET'S MOVE TO NEW BUSINESS.

[6A. ZBA CASE NO. 22-08-17-1 (419 Haslett), David & Cathie Myers, 419 Haslett Road, Haslett, MI 48840]

22-08-17-1. 419 HASLETT DAVID AND KATHY MYERS AT 419 HASLETT ROAD.

THE VARIANCE IS REQUESTED TO ALLOW AN ACCESSORY BUILDING TO PROJECT INTO THE FRONT YARD LOCATED AT 419 HASLETT ROAD.

MR. CHAPMAN, DO YOU HAVE ANY INFORMATION FOR US? I SURE DO. GOOD EVENING.

SO THIS IS A REQUEST FOR A VARIANCE FROM SECTION 86565, SUBSECTION ONE.

NO ACCESSORY BUILDING SHALL PROJECT INTO THE FRONT YARD.

SO THE APPLICANT IS REQUESTING TO ALLOW AN ACCESSORY GARAGE TO PROJECT IN THEIR FRONT YARD.

LOCATED AT 419 HASLETT ROAD, THE PROPERTY IS APPROXIMATELY 7.73 ACRES IN SIZE AND IS ZONED RR RURAL RESIDENTIAL. SO THE PLOT PLAN SHOWS AN EXISTING APPROXIMATELY 1536 SQUARE FOOT SINGLE FAMILY HOUSE THAT WAS CONSTRUCTED IN 2021 AND A PROPOSED 24 BY 24 FOOT ACCESSORY BUILDING.

SO SECTION 86, FIVE, SIX, FIVE, SUBSECTION ONE DOES NOT ALLOW THE ACCESSORY BUILDING TO PROJECT INTO THE FRONT YARD.

THIS GARAGE WILL PROJECT 75 FEET INTO THE FRONT OF THE PRINCIPAL STRUCTURE, WHICH REQUIRES A 75 FOOT VARIANCE.

ALSO TO NOTE, THERE WAS A WETLAND DELINEATION THAT WAS COMPLETED IN 2021 FOR THE WETLANDS THAT ARE LOCATED ON THE NORTHERN AND SOUTHERN PORTION OF THE PROPERTY.

THE SINGLE FAMILY HOME THAT WAS CONSTRUCTED IS LOCATED APPROXIMATELY 30.9 FEET FROM THE 40 FOOT WETLANDS SETBACK ON THE THE SOUTH SIDE OF THE PROPERTY.

THAT'S ALL I HAVE. IS THERE ANYONE FROM THE APPLICANTS WHO WOULD LIKE TO SPEAK? PLEASE COME UP TO THE MICROPHONE, STATE YOUR NAME AND YOUR ADDRESS CLEARLY SO WE CAN GET THAT FOR THE RECORD.

AND WELCOME TO THE ZBA TONIGHT.

OK HI THERE.

MY NAME IS DAVID MYERS.

IT'S OKAY. YEAH.

WE'RE ASKING.

[00:05:01]

I SEE.

OUR PROPERTY. OUR HOUSE ISN'T ON THIS PICTURE YET, BUT IT'S RIGHT ABOUT WHERE THE NUMBER 419 IS RIGHT THERE.

AND WE CAN'T BUILD BEHIND THE HOUSE WE BUILT.

WELL, WE'RE CLOSE TO THE WOODS.

IN THE FRONT OF THE WOODS HAS A DESIGNATED WETLAND RIGHT THERE.

AND WE CAN'T MEET ANY SETBACKS ON THE EAST SIDE.

THERE JUST SIMPLY ISN'T ROOM.

AND ON THE WEST END OF THE HOUSE IS OUR PROPANE TANK, WHICH WE HAVE TO STAY 50 FEET FROM SO WE CAN'T HAVE IT THERE AND PLUS THE DRAIN FIELDS IN FRONT OF THE HOUSE.

SO I COULDN'T DRIVE ACROSS IT.

SO WE'RE ASKING WHEN WE BUILT THERE, I NOTICED BOTH NEIGHBORS HAD THEIR POLE BARNS OUT FRONT AND I NEVER THOUGHT NOTHING OF IT.

BUT THEY'RE IN THE SAME SITUATION WE'RE IN AND WE'RE ASKING IF WE CAN BUILD LIKE A POLE BARN SLASH GARAGE, NOT VERY BIG, 24 BY 24 IT'D BE ON THE EAST SIDE OF THE PROPERTY AND ROUGHLY ABOUT 75 FEET AND IN FRONT OF THE HOUSE.

IT'S REALLY THE ONLY PLACE WE HAVE TO PUT IT.

AND BOTH OF OUR NEIGHBORS HAVE THE EXACT SAME SITUATION AND THEY HAVE POLE BARNS IN THE EXACT SPOTS WHERE I'M UP.

WE'RE NOT AN EXACT SPOT, BUT OUT FRONT AND TO THE EAST OF THEIR HOUSE.

AND IT'S PROBABLY I MEAN, I'M SURE IT'S BECAUSE THEY'RE IN THE SAME SITUATION WE WERE IN OR WE ARE IN THE BUILDING WOULD BE THE HOUSE OF 704, GOT 710 OR 20 FEET OFF THE ROAD.

THE BUILDING WILL BE 600.

AND I DON'T KNOW, YOU KNOW, 50, 60 FEET OFF, IT'D BE VIRTUALLY INVISIBLE FROM THE ROAD.

BUT THERE'S WOODS ALL BETWEEN US AND THE ROAD, AND IT JUST KIND OF GOES WITH EVERYTHING THAT'S THERE, YOU KNOW, WHAT MOST NEIGHBORS HAVE ALSO, AND IT'S JUST REALLY THE ONLY PLACE WE HAVE TO PUT ONE.

AND WE REALLY NEED IT BECAUSE WE HAVE, WHAT, THAT 700 FOOT DRIVEWAY, SOME BIG SNOW REMOVAL EQUIPMENT, YOU KNOW, A TRACTOR WITH A BIG BLOWER ON THE BACK AND LAWN MOWERS AND TRACTORS.

AND I HAVE NOWHERE TO PUT THIS STUFF, YOU KNOW, WITHOUT A BUILDING LIKE THAT.

THE ONLY OTHER OPTION WOULD BE STACK SOME SMALL SHEDS OUT THERE AND WE HAVE A BRAND NEW HOME.

AND I DON'T WANT TO DO THAT.

THE BUILDING WE WANT TO PUT UP IS NOT BIG AND WE WANT IT TO LOOK JUST LIKE OUR HOUSE.

SO IT'S IT WOULD LOOK, YOU KNOW, IT'D BE A NICE BUILDING.

WE'RE GOING TO SITE IT OR, YOU KNOW, IT'LL BE STEEL SIDING, BUT THE SAME COLOR TO MATCH THE HOUSE.

IT'LL LOOK JUST LIKE OUR HOUSE.

I WANT IT TO LOOK NICE.

I DON'T KNOW WHAT ELSE TO SAY.

IT'S MY FIRST TIME EVER DOING SOMETHING LIKE THIS.

YOU DID WELL.

DOES ANYONE ELSE HAVE ANY IDEA? YOU RAISED YOUR HAND, SO I WASN'T SURE IF YOU WANTED TO.

[INAUDIBLE] ALL RIGHT, THAT SOUNDS.

ARE THERE ANY QUESTIONS BY THE MEMBERS ON FOR THE APPLICANT? IS THE HOUSE YOU'RE NOT.

THERE'S AN EXISTING HOUSE ON THE PROPERTY THAT YOU PURCHASED OR BUILT YOURSELF, IS THAT CORRECT? YEAH, WE JUST HAD IT BUILT JUST THIS LAST YEAR.

AND I'M LOOKING AT GOOGLE MAPS OF THE SITE AND WITH THE OLDER HOME TORN DOWN, NO, THERE WAS NO HOME THERE.

WE'VE ACTUALLY OWNED THE PROPERTY FOR A LONG TIME, SINCE THE NINETIES.

MUST BE AN OUTDATED MAP, THEN.

WELL, IT DOESN'T SHOW THE HOUSE ON THIS MAP.

IT MUST BE A PICTURE OF US TAKEN BEFORE THE HOUSE WAS BUILT OR SOMETHING.

IT SHOULD. BOTH NEIGHBORS ARE THERE.

OUR HOUSE? IT'S KIND OF HARD TO TELL.

I DON'T KNOW WHAT. LIKE UP THERE.

THERE'S THE NUMBER 419 IN THIS PICTURE.

OUR ADDRESS. THE HOUSE IS ROUGHLY ABOUT RIGHT WHERE THAT NUMBER IS SITTING IN THE PICTURE ANYWAY.

MAYBE A LITTLE FORWARD OF THAT.

MEMBER DESCHAINE DO YOU HAVE ANY OTHER? NO OTHER QUESTIONS FOR THIS TIME? REMEMBER? ALL RIGHT, A COUPLE.

YOU WANT TO GO OR YOU WANT ME TO GO? OKAY, WELL, LET ME LET ME ASK STAFF THE FIRST QUESTION.

I KNOW THAT THE NUMBER TWO RESPONSE THAT THE APPLICANT GAVE MENTIONED HOW THEY BELIEVE THAT THE PROPERTIES TO THE EAST AND WEST, THEY HAD THE SAME SITUATION WITH THOSE BARNS OUT IN FRONT. DO YOU KNOW OFFHAND HE MENTIONED THAT THEY MAY OR THEY BELIEVED I THINK THE WORD WAS BELIEVED THAT THEY MAY HAVE ASKED FOR A VARIANCE AS WELL FOR THOSE DO YOU KNOW OFF THE HAND IF THEY HAVE OR NOT.

SO YEAH I ACTUALLY LOOKED INTO THAT THE PROPERTY TO THE.

LET ME SEE HERE. I'LL PULL UP THE MAP AND SWITCH OVER.

OKAY. SO THIS PROPERTY AT 425, I

[00:10:09]

THIS ONE AT 410 WAS BUILT IN 1984, BUT WE ALSO DIDN'T HAVE A VARIANCE THAT I COULD FIND ON RECORD EITHER, SO I DON'T KNOW HOW IT GOT THERE, TO BE EXACT.

WAS THAT BEFORE OR AFTER THE CODE CAME INTO EFFECT THINKING THE CODE WAS THERE AT THE TIME.

YEAH. SO IT'S EITHER ILLEGAL OR NON CONFORMING EITHER WAY.

YEAH. I LOOKING AT THIS, I TOTALLY UNDERSTAND YOUR CONSTRAINTS ON YOUR PROPERTY.

YOU KIND OF MUST HAVE LIKE A FLAG LOT, WHAT THEY CALL IT, BECAUSE THE SHAPE OF IT AND WHAT THE WETLANDS.

AND YOU MUST HAVE SOME FUN TRYING TO DRIVE ON YOUR DRIVEWAY IN THE WINTER BECAUSE THAT THING LOOKS LIKE YOU GOT WATER ON BOTH SIDES OR POTENTIAL FOR WATER AND ICE AND STUFF.

TRYING TO GET BACK TO YOUR HOME AND LOOKING AT YOUR ONE DIAGRAM, I WOULD SAY I'D HAVE TO AGREE WITH YOU THAT IT MIGHT BE DIFFICULT TO PUT THIS THING IN THE BACK, ESPECIALLY BECAUSE LOOKING AT THAT PICTURE, IF THE 419 IS AN ACCURATE OR AT LEAST A ROUGH ESTIMATE OF WHERE HER HOUSE IS, YOU'D HAVE TO TEAR DOWN PROBABLY A BUNCH OF TREES BACK THERE.

AND THE MORE TREES YOU CAN SEE, PROBABLY THE BETTER.

AND YOUR NEIGHBORS ALREADY HAVE IT, EVEN THOUGH YOU'RE A SEPARATE CASE.

I DON'T WANT TO JUST BASE A DECISION ON WHAT YOUR NEIGHBORS HAVE, BUT THEY DO HAVE THE SAME SITUATION YOU HAVE.

SO I AGREE THAT YOUR YOUR PROPERTY IS A LITTLE CONSTRAINED.

AND PUTTING IT WHERE YOU DID WAS PROBABLY THE BETTER PLACEMENT.

IT LOOKS LIKE YOU HAVE ALL THAT PROPERTY GO TO THE OTHER SIDE, BUT IT MIGHT BE BLACK ON THE FRONT OF YOUR HOUSE AND YOU'D HAVE TO ADD MORE ASPHALT PROBABLY TO GET A DRIVEWAY OVER THERE. IT'S JUST GOING TO INCREASE YOUR BUILDING COVERAGE AND THAT'S NOT A GOOD THING.

SO I THINK WHERE YOU PUT IT WAS PROBABLY THE BEST PLACE YOU COULD.

I PERSONALLY, I COULD JUST SAY ON THE RECORD, I PERSONALLY DON'T HAVE AN ISSUE WITH THIS BASED ON THE WAY YOUR NEIGHBORS LOOK AND THE CONSTRAINTS OF PHYSICAL STATES WITH YOUR PROPERTY, WITH ALL THOSE WETLAND AREAS.

SO THAT'S ALL FOR ME.

THAT'S ALL I CAN SAY. I DO HAVE A COUPLE OF QUESTIONS.

DOES YOUR HOUSE HAVE A GARAGE NOW? THE HOUSE THAT YOU HAVE? IT'S GOT A TWO CAR GARAGE ATTACHED TO IT.

WE HAVE THREE CARS.

WHERE DO YOU PARK THE EQUIPMENT THAT YOU WERE REFERRING TO NOW? RIGHT NOW, MY ONE CAR IS ACTUALLY AT MY FRIEND'S HOUSE IN HIS GARAGE BECAUSE HE'S SICK, UNFORTUNATELY.

AND I HAVE IT STASHED BECAUSE IT'S A CAR.

I DON'T LIKE LEAVING OUTSIDE IF I DON'T HAVE TO.

SO IT'S ACTUALLY AT MY FRIEND'S OUT IN LAINGSBURG AND HE'S KEEPING IT FOR ME.

SO BECAUSE RIGHT NOW WITH THE NEW HOME, WE'RE USING THE TRACTOR A LOT, PUTTING THE DRIVEWAY IN A LOT OF OTHER WORK.

SO I NEED THE TRACTOR THERE AT THE HOUSE RIGHT NOW.

SO WE HAVE ONE OF OUR VEHICLES IN THE TRACTOR AND THEN THERE'S LIKE THREE OR FOUR ATTACHMENTS TO THE TRACTOR WHICH THEY ALL KIND OF, YOU KNOW, THEY TAKE UP A LOT OF ROOM QUICK, MAN, AND THAT'S PRETTY MUCH GOT IT FULL RIGHT THERE.

OK I DON'T HAVE.

WELL, I DO HAVE A QUESTION FOR STAFF, ACTUALLY.

SO I THINK OVER THE PAST FEW HEARINGS OR SO, WE'VE GOTTEN A NUMBER OF REQUESTS FOR PUTTING GARAGES OR DIFFERENT BUILDINGS IN THE FRONT YARD.

IS THIS SOMETHING THAT WE'VE TALKED ABOUT IN THE PAST AS FAR AS HOW TO RESOLVE THIS ISSUE OR HAS THIS NOT COME UP? I MEAN, IT DOES COME UP OCCASIONALLY.

I DON'T THINK THAT IT'S AT A POINT WHERE IT'S A CONTINUAL ISSUE OR ANYTHING THROUGHOUT THE TOWNSHIP.

THEY'RE USUALLY PRETTY UNIQUE INSTANCES.

I MEAN, THE ONES THAT WE GET LIKE AROUND THE LAKE AND STUFF, THOSE ARE ALL ATTACHED, NOT DETACHED.

SO THAT'S KIND OF A FRONT YARD SETBACK ISSUE AND NOT REALLY ALLOWING AN ACCESSORY BUILDING IN THE FRONT YARD.

YEAH. OKAY.

THANK YOU, MR. MYER.

THANK YOU. YOU CAN GO AHEAD AND HAVE A SEAT.

I APPRECIATE IT. IS THERE ANYONE ELSE IN THE AUDIENCE WHO WOULD LIKE TO SPEAK ON THIS MATTER? NO. ALL RIGHT, THEN WE CAN GO TO BOARD TIME AND DISCUSS THE CRITERIA.

SO. SINCE YOU MENTIONED THIS IS THE FIRST TIME YOU'VE BEEN TO THIS, WE HAVE FIVE CRITERIA THAT WE HAVE TO GO THROUGH.

YOU SENT US INFORMATION ON THOSE FIVE CRITERIA, AND WE DEFINITELY APPRECIATE YOUR COMMENTS TO HELP US MAKE OUR DECISIONS AS WE'RE LOOKING TO EITHER GRANT OR DENY THE VARIANCE.

[00:15:04]

SO WHAT WE'RE GOING TO DO RIGHT NOW IS BASICALLY KIND OF DISCUSS WHAT WE THINK AS FAR AS HOW THIS SITUATION APPLIES TO THESE DIFFERENT CRITERIA.

AND AT THE END OF THAT, WE'LL BE ABLE TO TAKE A VOTE.

SO THE FIRST IS UNIQUE CIRCUMSTANCES EXIST THAT ARE PECULIAR TO THE LAND OR STRUCTURE THAT ARE NOT APPLICABLE TO OTHER LAND OR STRUCTURES IN THE SAME ZONING DISTRICT. AND THESE UNIQUE CIRCUMSTANCES ARE NOT SELF CREATED.

I WOULD SAY THAT LOOKING AT THE LOT ITSELF AND PARTICULARLY WHERE THE THE WETLANDS END UP, PARTICULARLY IN THE BACK END AND THE SIDES AND THE FRONT, I MEAN, IT IS A VERY NARROW LOT AS WELL AS IT'S SURROUNDED BY WETLANDS THAT HE CANNOT BUILD ON.

SO I DO NOT THINK THAT THE CIRCUMSTANCES ARE SELF CREATED AND I DO BELIEVE IN THIS PARTICULAR SITUATION THAT IT IS UNIQUE CIRCUMSTANCES.

SO UNLESS THERE ARE ANY OTHER COMMENTS WITH THAT, WE'LL GO TO NUMBER TWO.

STRICT INTERPRETATION AND ENFORCEMENT OF THE LITERAL TERMS AND PROVISIONS OF THIS CHAPTER WILL RESULT IN PRACTICAL DIFFICULTIES THAT WOULD PREVENT THE OWNER FROM USING THE PROPERTY FOR A PERMITTED PURPOSE.

YOU KNOW, I ALWAYS GET STUCK ON THIS ONE.

I DO. I ALWAYS GET STUCK ON THIS ONE.

SO BEFORE I SAY ANYTHING, MEMBER KOENIG, I KNOW YOU PRESENTED WHAT YOUR THOUGHTS AS FAR AS KIND OF THE DIRECTION YOU WERE LEANING.

IS THERE ANYTHING YOU WOULD LIKE TO ADD AS FAR AS THIS CRITERIA IS? I WOULD JUST REITERATE THAT THE STRICT INTERPRETATION OF THE RULE OR THE LAW AND THE ZONING CODE BASICALLY SAYS THAT YOU CAN'T HAVE ANY ACCESSORY STRUCTURES IN A FRONT YARD PERIOD. AND AGAIN, THIS LOT BEING THE SHAPE OF IT, IT'S VERY NARROW WHERE THE HOME IS AND IT'S VERY CONSTRAINED BASED ON THOSE WETLAND AREAS THAT YOU HAD MENTIONED.

IT'S VERY DIFFICULT WITH THAT WOODED AREA, ESPECIALLY IN THAT WETLAND AREA IN THE BACK OF THE HOUSE.

IT'S VERY DIFFICULT TO NOT HAVE A STRUCTURE PER SAY IN THE FRONT YARD BECAUSE THE BACKYARD IS WOODED AND GETTING NEAR THAT WETLAND AREA.

SO IT ALMOST I DON'T WANT TO SAY THE WORD FORCES.

THAT'S NOT THE CORRECT TERM, BUT IT ALMOST ALLOWS THE ONLY POSSIBLE LOCATION ESSENTIALLY IN THE FRONT OF THAT BUILDING, WHICH WOULD NOW BE THE FRONT YARD OF THAT STRUCTURE. SO I CAN SEE THE REASONING OF STRICT INTERPRETATION OF THAT RULE OR WHATEVER IT IS TO SOMETHING.

AS BEING A HINDRANCE TO THE PROPERTY OWNER AT THIS TIME.

THAT'S MY INTERPRETATION OF IT, TOO, DESCHAINE AND I WOULD AGREE.

AND IN FACT, I THINK ANY INTERPRETATION OF THIS ORDINANCE TOWARDS THIS PARCEL I THINK WOULD BE UNFAIR.

THERE ARE DIFFERENT TYPES OF RURAL RESIDENTIAL LOTS.

I'VE GOT SOME BEHIND ME OFF OF HATCH ROAD AND THEY'RE VERY NARROW.

THE HOUSES ARE BUILT CLOSE TO THE STREET AND YOU WOULD NOT WANT TO HAVE A GARAGE OR OUTBUILDING IN THE FRONT OF THOSE HOMES.

SO IT WOULD CHANGE THE CHARACTER CONSIDERABLY.

IN THIS CASE. YOU'VE GOT A VERY DEEP LOT WITH WOODS AROUND.

IT REALLY IS A RURAL SETTING AND AS THE APPLICANT POINTED OUT, IT WOULD BE WITH ALL THE TREES IN FRONT, IT WOULD NOT EVEN BE SEEN FROM THE ROAD.

SO I DON'T BELIEVE IN INTERPRETATION OF THIS ORDINANCE TOWARDS THIS PARCEL IS AFFLUENT TO BEGIN WITH.

SO I'M INCLINED TO GRANT THE VARIANCE REGARDING THE STRICT INTERPRETATION OF IT.

IN FACT, IT'S NOT ATTACHED TO THE HOUSE.

I MEAN, A LOT OF SUBURBAN LOTS HAVE, IF YOU WILL, THE GARAGE JUTTING WELL INTO THE FRONT ARE TEN FEET OR MORE, BUT THEY'RE ATTACHED TO THE HOUSE.

THEY GET BY THAT.

ARE THEY ALSO A LITTLE BIT NOT IN COMPLIANCE WITH THIS NOTION THAT YOU SHOULD BE NOT HAVE A BUILDING IN THE FRONT YARD? NO, THEY'RE NOT. THEY JUST HAPPEN TO GET BY BECAUSE THEY ATTACH THAT GARAGE TO SOME WAY TO THE HOUSE.

SO I DON'T HAVE A PROBLEM WITH NUMBER TWO CRITERIA EITHER.

SO AND I WANTED TO HEAR WHERE BOTH OF YOU WERE COMING FROM.

ONE OF THE REASONS I WAS ASKING THE QUESTION IS, ESPECIALLY IF THERE WAS A GARAGE ON THE HOUSE.

I MEAN, TYPICALLY WE'RE LIKE, WELL, YOU HAVE A GARAGE TO TO STORE THE CARS OR WHATEVER ELSE.

BUT IN LOOKING AT THIS PARTICULAR PROPERTY, I THINK WHERE I LEAN MORE TOWARDS AGREEING IS THE FACT OF THE SHAPE OF IT.

THERE'S NOT REALLY THAT MUCH ROOM, BUT ALSO THE SIZE OF THE LOT, GIVEN THE FACT THAT ANY ADDITION

[00:20:02]

THERE'S NOWHERE ELSE TO PUT IT.

SO I WOULD AGREE.

AND GIVEN THE FACT THAT YOU'VE GOT TO HAVE SOME WAY TO TAKE CARE OF THAT LOT, JUST GIVEN THE, THE CHARACTER OF IT MAKES SENSE TO ME THAT THERE WOULD DEFINITELY NEED TO BE AN ADDITION ADDED SO THAT YOU COULD STORE THAT PROPERTY.

NUMBER THREE GRANTING THE VARIANCE IS THE MINIMUM ACTION NECESSARY THAT WOULD CARRY OUT THE SPIRIT OF THE ZONING ORDINANCE, SECURE PUBLIC SAFETY AND PROVIDE SUBSTANTIAL JUSTICE.

I THINK WE'VE KIND OF TALKED ABOUT THAT AS FAR AS THE NECESSITY OF HAVING THE POLE BARN ERECTED AND THE FACT THAT AT THE END OF THE DAY THEY'RE PUTTING IT WHERE THE ONLY LOCATION THAT IT COULD BE.

SO I BELIEVE THAT IT IS THE MINIMUM ACTION NECESSARY TO CARRY OUT THE SPIRIT OF THE ZONING.

GRANTING THE VARIANCE WILL NOT ADVERSELY AFFECT ADJACENT LAND OR A CENTRAL CHARACTER AND THE VICINITY OF THE PROPERTY.

I THINK WE SPOKE TO THAT AS WELL.

GIVEN THE SIZE, THE LOCATION OF THE PROPERTY, THE FACT THAT THE NEIGHBORS ON BOTH SIDES HAVE VERY SIMILAR CHARACTERISTICS AND ALSO HAVE POLE BARNS THAT ARE IN FRONT, THAT THERE'S ENOUGH SPACE THAT IS DISTANCE.

BETWEEN THE ROAD AND OTHER PROPERTIES.

IT'S NOT SOMETHING THAT IS OUT OF CHARACTER.

I THINK THERE IS NO ADVERSE EFFECT TO THE ADJACENT LAND OR THE ESSENTIAL CHARACTER.

AND NUMBER FIVE. GRANTING THE VARIANCE WILL BE GENERALLY CONSISTENT WITH THE PUBLIC INTEREST AND PURPOSES OF THE INTENT OF THIS CHAPTER.

AT THE END OF THE DAY, WE DO WANT LANDOWNERS TO BE ABLE TO TAKE CARE OF THEIR PROPERTY AND HAVE THE MEANS IN ORDER TO STORE THE EQUIPMENT TO DO SO.

SO YOU PURCHASE THE LAND AND I THINK WE CAN MEET ALL FIVE CRITERIA.

SO UNLESS THERE IS ANYTHING ELSE, WE CAN TAKE A VOTE.

SO IS THERE A MOTION TO APPROVE THE VARIANCE FOR ZBA CASE NO. 22-08-17-1 419 HASLETT ROAD SO MOVED.

SO NOW WE'LL TAKE THE VOTE.

MEMBER DESCHAINE, YES.

MEMBER KOENIG, YES AND CHAIR FIELD-FOSTER VOTES YES AS WELL.

SO, MR. AND MRS. MYERS, YOUR VARIANCE HAS BEEN GRANTED AND I BELIEVE YOU CAN FOLLOW UP WITH STAFF AND GET WHATEVER THE SPECIFICS ARE TO MOVE FORWARD. BUT I HOPE YOU HAVE A GREAT EVENING.

THANK YOU FOR COMING. THANK YOU FOR ALL YOUR TIME AND CONSIDERATION.

I APPRECIATE IT A LOT.

THANK YOU FOR EVERYTHING YOU PROVIDED FOR US.

WE APPRECIATE IT. YOU, TOO.

THANKS FOR GOING FIRST.

OK. WITH THAT, WE ARE MOVING ON TO OUR SECOND VARIANCE ZBA CASE NO.

[6B. ZBA CASE NO. 22-08-17-2 (6078 Porter), Craig Linnell, 6078 Porter Avenue, East Lansing, MI 48823]

MR. CHAPMAN, WOULD YOU LIKE TO BRIEF US ON THIS VARIANCE? SO I KNOW I SAID THAT THIS WAS A UNIQUE INSTANCE, BUT WE HAVE ANOTHER CASE OF THE SAME.

SO THE APPLICANT'S REQUESTING A VARIANCE FOR FROM SECTION 80 6565 SUBSECTION ONE NO ACCESSORY BUILDING SHALL PRODUCTION OF THE FRONT YARD.

SO THE VARIANCE IS TO ALLOW THE ACCESSORY BUILDING TO PROJECT IN THE FRONT YARD.

AT 6078 PORTER AVENUE, THE PROPERTY IS APPROXIMATELY 0.22 ACRES AND IS ZONED R.B.

SINGLE FAMILY HIGH DENSITY.

SO THE SURVEY SHOWS THE EXISTING 21,000 OR 2139 SQUARE FOOT NON-CONFORMING SINGLE FAMILY HOUSE THAT, ACCORDING TO OUR ASSOCIATED DEPARTMENT RECORDS, WAS CONSTRUCTED IN 1944.

SO THIS HOUSE WAS BUILT PRIOR TO OUR CURRENT ZONING ORDINANCE.

THE APPLICANT IS PROPOSING TO CONSTRUCT A 24 FOOT BY 30 FOOT ACCESSORY BUILDING IN THE FRONT YARD, WHICH IS NOT ALLOWED BY OUR ZONING

[00:25:02]

AND ALSO, AS NOTED, THERE'S A LETTER THAT WAS NO OBJECTION TO THIS CASE.

AND I ALSO SPOKE TO A NEIGHBOR ACROSS THE STREET WHO I DIDN'T HEAR ANYTHING FROM EITHER.

SO SHE DIDN'T HAVE ANY ISSUES.

MR. LINNELL, WOULD YOU LIKE TO SHARE WITH US INFORMATION ON YOUR VARIANCE REQUEST AND PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE.

SO MY NAME IS CRAIG LINNELL.

I'M AT 6078 PORTER AVENUE IN EAST LANSING, 482823.

I REALLY AM GLAD.

FIRST, SO I'M NOT SURE EXACTLY WHETHER TO GO THROUGH SOME OF THE CRITERIA ANSWERS THAT I GAVE OR TAKE YOU THROUGH THE THOUGHTS THAT I HAD UP UNTIL THAT POINT, I'M NOT SURE WHAT'S APPROPRIATE.

IF YOU WANT TO OPEN DISCUSSION THOSE WHATEVER YOU FEEL COMFORTABLE WITH, KEEP IN MIND THAT WE WILL DEFINITELY ASK YOU QUESTIONS AS WE GO.

SO IF YOU WOULD LIKE TO KIND OF GIVE US YOUR THOUGHTS AS FAR AS WHY THIS IS NEEDED AND THE RESTRICTIONS YOU FEEL THAT YOU HAVE RESULTING IN YOU COMING HERE.

AND THEN IF WE HAVE QUESTIONS, WE CAN FOLLOW UP WITH THOSE.

AND THEN IF YOU WANT TO WALK THROUGH WHAT YOU BELIEVE ARE THE ANSWERS TO THE CRITERIA WHICH YOU DID PROVIDE.

AND THANK YOU SO MUCH.

YOU'RE WELCOME FOR THAT INFORMATION.

YOU CAN DO THAT AS WELL. THE FLOOR IS YOURS.

SO IF YOU LOOK AT THE THE PLANT THERE, YOU'LL SEE THAT THERE REALLY IS NO ACCESS TO THE BACK OF THE PROPERTY ON THE SOUTH SIDE.

THERE'S A SETBACK OF ABOUT TWO AND ONE HALF FEET, GIVE OR TAKE, FROM WHEN THE HOUSE WAS ORIGINALLY CONSTRUCTED.

AND ON THE NORTH SIDE, THERE'S ABOUT A TEN FOOT SETBACK, BUT THERE'S A HUGE MULTI TRUNK TREE RIGHT THERE THAT'S AT LEAST FIVE FEET IN DIAMETER.

AND THEN THE BACK YARD IS ONLY 26 AND A HALF FEET DEEP.

SO THERE'S NO TURNING RADIUS OR ANYTHING THAT YOU COULD GET A GARAGE INTO THE BACK AND MAINTAIN ANY TYPE OF SETBACKS BACK THERE FROM THE BACK OF THE PROPERTY.

SO WHAT WE LOOKED AT DOING WAS PUTTING IN A GARAGE UP FRONT.

NOW THE VERY FRONT OF THE HOUSE IS A LONG BEDROOM WITH TWO WINDOWS THAT FACE THE STREET CURRENTLY.

SO WE DECIDED WE WOULD DETACH THE PROPERTY OR THE STRUCTURE FROM THE HOUSE.

AND THEN IN WORKING THROUGH THE I'D REALLY LIKE TO BUILD A BIGGER GARAGE.

TO TELL YOU THE TRUTH, I COME FROM HAVING MULTIPLE VEHICLES AND THINGS LIKE THAT.

I'VE PARED IT DOWN A LOT.

BUT IN TRYING TO MAINTAIN THE 35% FRONT YARD COVERAGE, I ENDED UP HAVING TO MOVE THE HOUSE 30 OR THE STRUCTURE, THE GARAGE 30 FEET IN FRONT OF THE HOUSE FOR THE BACK WALL OF THE GARAGE.

AND THAT SHORTENED THE DRIVEWAY APRON AND EVERYTHING AND MAINTAINS A BELOW 35% COVERAGE OF THE FRONT YARD FOR THE STRUCTURE AND THE DRIVEWAY.

THIS IS A TWO CAR GARAGE.

LOOKING TO STORE THINGS LIKE ATV, YOU KNOW, THAT'S THE DEPTH.

THEY ONLY HAD A 24 FOOT DEPTH, THE DEPTH THAT I'M LOOKING AT STORING ATV, PATIO FURNITURE, THINGS LIKE THAT, SO THAT I'VE GOT STORAGE.

THERE REALLY IS NO STORAGE IN THIS HOUSE AT ALL.

WE'VE GOT RACKS ALL OVER THE KITCHEN INSTEAD OF CABINETS RIGHT NOW WHERE WE'RE STORING SOME STUFF.

BUT IF WE WANT TO JUMP BACK OVER INTO THE DETACHED THE SUMMIT, WELL, I PUT A SUMMARY UP HERE UP FRONT TO SHOW YOU THAT BREAKDOWN OF THE 35% COVERAGE AND ALSO CONTAINED IN THE RESPONSES TO THE CRITERIA AS WELL.

YOU'LL NOTE THAT THERE'S NOT A REAL CONFORMANCE TO THE SETBACK FROM THE STREET OF THE HOUSES.

ON THE STREET, FOR EXAMPLE, THIS GARAGE WILL BE ABOUT FIVE AND ONE HALF FEET IN FRONT OF MY NEIGHBOR TO THE SOUTH, BUT IT'LL BE 22 FEET BEHIND THE FRONT WALL OF MY NEIGHBOR TO THE NORTH.

SO YOU KNOW, WE'RE TRYING TO MAKE IT AS CONFORMING AS POSSIBLE, BUT THERE REALLY IS A WIDE VARIETY OF SETBACKS IN THE NEIGHBORHOOD.

THIS IS A NARROW LOT.

I INCLUDED A PICTURE OF THE GARAGE, BASIC POLE, BARN STRUCTURE TYPE METAL GARAGE, TWO ROLL UP DOORS AND A PEDESTRIAN DOOR IN THE

[00:30:09]

LIKE TO JUMP OVER TO THE VARIANCE APPLICATION RESPONSES I GAVE BASED UPON THE DISCUSSIONS THAT WE HEARD.

SURE. GO AHEAD. QUICK QUESTION FOR YOU.

GO ON TO THAT. OKAY.

WHAT IS THE CURRENT SIDING ON THE HOUSE AND WHAT WILL THE SIDING ON THE GARAGE BE? THE CURRENT SIGN IS A VINYL SIDING.

IT'S BLUE AND HORIZONTAL.

THAT'S WHAT I INTEND TO PUT ON THE GARAGE AS WELL.

AND IF THE SIDING IS A LITTLE BIT OLD AND ON THE HOUSE THERE'S A LITTLE OLD AND THERE'S PULL PUNCHES AND A LITTLE BIT OF VARIANCE IN THE COLORATION.

IT LOOKS LIKE THEY PAINTED CERTAIN AREAS AT CERTAIN TIMES.

SO MY INTENTION IS TO GET A GARAGE SIDING THAT MATCHES AS CLOSE AS POSSIBLE TO THE HOUSE AND THEN IF NEED BE, GO AHEAD AND PAINT THE HOUSE, NOT THE GARAGE, BUT PAINT THE HOUSE TO MATCH.

OKAY. THANK YOU. YEAH, IT'S FUNNY.

THIS HOUSE I GREW UP IN THIS NEIGHBORHOOD, AND I WENT TO A BIRTHDAY PARTY IN THIRD GRADE AT THIS HOUSE WITH ONE OF MY CLASSMATES.

AND I DIDN'T EVEN KNOW IT, BUT A LOT OF MY CLASSMATES THAT I WENT TO SCHOOL WITH IN ELEMENTARY SCHOOL STILL LIVE IN THE NEIGHBORHOOD.

AND THEY'RE ALL, OH, YOU'RE IN RICKY TORRES'S HOUSE.

AND I'M LIKE, OH, IT IS REALLY.

SO THERE'S A LOT OF PEOPLE THAT I KNOW THAT STILL LIVE THERE AND THEY ALL KNOW THAT HOUSE.

IT'S LIKE THE ONLY HOUSE THAT'S SET WAY BACK LIKE THIS AND OH, YOU'RE IN THE BLUE HOUSE THAT'S WAY BACK, YOU KNOW.

SO I WANTED TO KEEP THAT MEMORY FOR EVERYBODY, AT LEAST TO AN EXTENT.

YES. JUST ONE QUESTION.

SO JUST SO I'M UNDERSTANDING CORRECTLY, THERE IS NOT CURRENTLY A GARAGE, NO IN THIS HOUSE, AND AS NEAR AS I CAN TELL, THERE NEVER WAS A GARAGE THERE.

WHEN I SPOKE WITH ONE OF THE MEMBERS OF YOUR STAFF, MR. CHRISTMAS, I BELIEVE HE MENTIONED THAT HE THOUGHT COMING STRAIGHT UP TO THE HOUSE, HE THOUGHT THAT WAS A CONVERTED GARAGE, EXCEPT IT'S ON A RAISED FOUNDATION. SO I DON'T BELIEVE THEY WOULD HAVE PUT A GARAGE IN THAT LOCATION WITH A RAISED FOUNDATION THERE.

SO THERE'S NO PARKING WHATSOEVER.

NO COVERED PARKING WHATSOEVER.

OKAY. GO AHEAD. SO I KNOW YOU HAD SOME INFORMATION ON THE UNIQUE CHARACTERISTICS, AND I WAS ACTUALLY SURPRISED TO SEE THAT THERE WAS ANOTHER REQUEST FOR VARIANCE TO PUT A GARAGE OUT FRONT FOR ANOTHER PROPERTY.

BECAUSE IT DOES SEEM A UNIQUE SCENARIO WHERE I THINK EVERYBODY IN MY NEIGHBORHOOD COULD HAVE ACCESS TO THEIR BACKYARD WITH A VEHICLE. I DON'T.

IN REGARD TO.

THE NUMBER TWO, GRANTING THE VARIANCE ABOUT PRACTICAL DIFFICULTIES AND SO FORTH.

SO THERE IS, AS I MENTIONED, NO COVERED PARKING AT ALL ON THE PROPERTY.

SO THAT MEANS THERE'S NO STORAGE FOR PATIO FURNITURE.

THERE IS A VERY SMALL BASEMENT INSIDE THE HOUSE THAT CONTAINS FURNACE, COAL, CHIMNEY, HOT WATER HEATER, AIR CONDITIONING UNIT AND ALL THE PIPING EVENTS.

IT'S A PRETTY SHORT CEILING IN THERE.

SO WE REALLY DON'T HAVE ANY STORAGE OTHER THAN WHAT WE WILL HOPEFULLY CREATE HERE.

I DO THINK THAT HAVING THIS GARAGE DOES CONFORM TO THE LOOK OF THE RESIDENTIAL NEIGHBORHOOD.

IT DOESN'T EXCUSE ME, IT DOESN'T CHANGE IT.

AS FAR AS CREATING AN UNSIGHTLY PROPERTY, WHEN YOU DRIVE DOWN THE ROAD, YOU'RE GOING TO SEE A NICE, WELL MAINTAINED PROPERTY THAT WILL BE SET BACK AGAIN, YOU KNOW, AS CONFORMING AS WE CAN MAKE IT.

LET'S SEE. OH, SO NUMBER THREE AND I DON'T HAVE I DO HERE SOMEWHERE, BUT NUMBER THREE, THE CRITERIA NUMBER THREE. ONE OF THE THINGS THAT I NOTED IN MY RESPONSE IS THAT THE STREET IS ONLY A 22 FOOT WIDTH AND WE HAVE NO SIDEWALKS IN THE AREA.

WE ALSO HAVE CULVERTS THAT RUN ALONG THE SIDES OF THE STREET.

SO PARKING IN THE STREET, IT BECOMES AN ISSUE, ESPECIALLY IF YOU HAVE TWO CARS ON EITHER SIDE OF THE STREET AT THAT POINT IN TIME.

AND WE DO GET I HAVEN'T FIGURED IT OUT YET, BUT WE GET QUITE A BIT OF TRAFFIC COMING UP AND DOWN MY STREET.

I'M NOT SURE EXACTLY WHY WHETHER WE DON'T HAVE A TRAFFIC LIGHT AT EITHER END, BUT MAYBE PEOPLE ARE CUTTING AROUND THE LIGHT ON LAKE ROAD AND COMING UP THROUGH TO GET ON BIRCH ROAD.

[00:35:01]

SO THAT'S ONE OF THE OTHER REASONS WE'D LIKE TO BE ABLE TO PARK OFF THE STREET AND SECURE THE VEHICLES FROM.

I HAVEN'T LIVED HERE IN A LONG TIME, BUT RAIN, SNOW, HAIL, I'M NOT USED TO THAT.

LET'S SEE, NUMBER FOUR, LET'S JUST RUN THROUGH THIS REALLY QUICK.

YEAH, THAT'S WITH THE SETBACKS AND STUFF.

AND THEN WITH REGARD TO THE SAFETY, CONFORMITY, SECURITY ISSUES, I DON'T SEE THIS CHANGING THE CHARACTER OF THE NEIGHBORHOOD IN ANY WAY, SHAPE OR FORM.

SO I'M HOPING THAT I'VE GIVEN YOU ENOUGH INFORMATION.

IF YOU HAVE ANY QUESTIONS, I WOULD HAPPILY STAND HERE AND GIVE YOU MY BEST OPINION ON IT.

ALL RIGHT. THANK YOU. DOES ANYONE HAVE ANY QUESTIONS FOR MR. LINNELL? ONE MORE QUESTION.

HOW LONG HAVE YOU OWNED THE PROPERTY? WE MOVED IN APRIL.

I BOUGHT IT IN FEBRUARY.

SO, YEAH, I'M A 12 MINUTE WALK FROM MY MOTHER, WHO'S 88 YEARS OLD, AND MY FATHER PASSED AWAY LAST YEAR.

SO I RETIRED AND MOVED BACK HERE.

AND I'M HAVING IT, I FEEL LIKE I WON THE LOTTERY.

I MEAN, WALK 12 MINUTES TO MY MOM.

HEY, THAT'S GREAT.

SO. WELL, WELCOME BACK.

THANK YOU. I DON'T HAVE ANY QUESTIONS, PER SE.

I MEAN, I JUST HAVE COMMENTS, BUT I CAN WAIT.

ALL RIGHT. WELL, THEN WE HAVE NO FURTHER QUESTIONS.

AND WITH THAT, WE WILL MOVE INTO BOARD TIME TO DISCUSS THE VARIANCE.

AND I'M SURE SINCE YOU WERE SITTING THERE, YOU UNDERSTAND HOW THE PROCESS WORKS AND AND THE DISCUSSIONS THAT WE WILL HAVE GOING THROUGH THE CRITERIA.

BUT THANK YOU SO MUCH FOR OUTLINING ALL OF THE INFORMATION AND PUTTING ALL OF THIS WORK INTO ANSWERING THE QUESTIONS FOR US.

WE GREATLY APPRECIATE THAT.

I WAS HAPPY TO DO IT.

IT GIVES ME AN OPPORTUNITY TO THINK AS WELL AS TO WHY AND WHAT THE NEED IS.

WELL DEFINITELY IT IS NOT SOMETHING EVERYONE DOES.

AND SO IT IS ALWAYS APPRECIATED WHEN WE HAVE AN APPLICANT THAT TAKES THE TIME TO DO THAT.

SO WITH THAT, WE OPEN IT UP.

COMMENTS. MEMBER KOENIG PUT ME ON THE SPOT.

I AM. WELL, I COULD SAY THE FIRST THING THAT I NOTICED WITH THIS IS THE SIMILARITIES WITH THE PREVIOUS INTERESTING VARIANCE THAT WE HAD TWO OF THEM ON THE SAME DAY, LIKE THIS REQUEST IN THE SAME VARIANCE FROM THE SAME LAW.

THE BIGGEST DIFFERENCE I SAW WITH YOUR PROPERTY VERSUS THAT ONE IS THAT YOUR PROPERTY ISN'T REALLY UNIQUE TO THE AREA.

THERE'S LOTS OF OTHER PROPERTIES AROUND.

YOU HAVE THE SAME SHAPE AND SAME SQUARE FOOTAGE.

HOWEVER, AS YOU MENTIONED, EVEN THAT PICTURE SHOWS THE ONE THING THAT IS UNIQUE WITH YOUR PROPERTY IS IT'S AN OLDER STRUCTURE AND IT IS SET BACK SO FAR.

EVEN LOOKING AT THIS, I DON'T KNOW IF YOU PROVIDED THIS OR IF THE APPLICANT DID, WHICH IS GREAT BECAUSE I WAS LOOKING AT GOOGLE MAPS BEFORE I GOT HERE AND THANKS, STAFF, FOR PROVIDING THIS. YOU CAN SEE PRETTY CLEARLY YOU'RE BUILDING IS PROBABLY ONE OUT OF THE NEAREST 50 THAT'S PUSHED FURTHER BACK THAN 20, 25 FEET FROM THE ROAD.

SO YOU'RE REALLY DO HAVE THAT CONSTRAINT SIMILAR TO THE PREVIOUS APPLICATION TO WHERE YOUR BACKYARD, YOU HAVE A LOT OF TREES BACK THERE, IT LOOKS LIKE, AND YOU REALLY DON'T HAVE A LOT OF ROOM. YOU COULD PUT AN ACCESSORY STRUCTURE BACK THERE LIKE A SHED OR SOMETHING LIKE THAT.

BUT IN YOUR CASE, YOU'RE NOT REQUESTING THAT.

YOU'RE REQUESTING A GARAGE.

AND I FEEL LIKE ALL OF YOUR NEIGHBORS, WHEN I WENT UP AND DOWN THE STREET THERE AND LOOKED MOST OF THOSE HOUSES HAVE GARAGES, YOU'RE ENTITLED TO A GARAGE AS WELL, IN MY OPINION. SO IT'D BE A LITTLE HARD TO FIT A GARAGE IN THE BACK OF YOUR HOUSE BASED ON THE STRAIGHT INTO THE LOCATION OF YOUR OF YOUR HOME ON THAT PROPERTY.

SO THAT TO ME WAS THE BIGGEST DIFFERENCE THAT STOOD OUT.

AND I'M SURE THE OTHER BOARD MEMBERS HAVE THEIR COMMENTS ON IT AS WELL.

SO I TOTALLY UNDERSTAND OF WANTING TO PUT THE GARAGE IN THIS CASE, THE ACCESSORY STRUCTURE IN THE FRONT OF THE HOUSE.

YOU REALLY DON'T HAVE MUCH OF A CHOICE BASED ON LOCATION AND CONSTRAINTS ON YOUR PROPERTY WITH THE CURRENT LOCATION OF THE HOME.

I APPRECIATE THE FACT OF YOU TRYING TO KEEP THE AMOUNT OF COVERAGE UNDER THAT 35%.

SO THAT'S WE APPLAUD YOU FOR THAT AND ABIDING BY THAT AND NOT REQUESTING A VARIANCE FOR THAT, BECAUSE THAT WOULD HAVE BEEN A WHOLE ANOTHER BALL OF WAX YOU HAVE TO DEAL WITH AND REQUESTS FROM THE BOARD. AND WE CERTAINLY APPRECIATE YOU AND KEEPING YOUR YOUR YOUR COVERAGE AND YOUR WATER RUNOFF AND EVERYTHING BELOW THE THE MAXIMUM STANDARD FOR THE SIZE OF THE GARAGE REALLY TO ME DOESN'T MATTER PER SE.

I UNDERSTAND IT NEEDS TO BE BIG ENOUGH TO HOLD ONE OR TWO VEHICLES.

IF YOU HAVE A WIFE OR A SIGNIFICANT OTHER OR FAMILY MEMBER OR SOMEONE STAYING WITH YOU, YOU PROBABLY NEED SPACE FOR AT LEAST TWO VEHICLES IN THERE COVERED.

SO THE SIZE OF THE GARAGE ISN'T REALLY THE MATTER.

THE LOCATION, THAT KIND OF QUESTION IS UP FRONT.

BUT I UNDERSTAND YOU DON'T WANT THIS THING TO BE RIGHT IN FRONT OF YOUR HOUSE AND BLOCK YOUR VIEW AND BLOCK YOUR LIGHT AND YOUR SERENITY AND TRYING TO LOOK OUT ON THE STREET AND

[00:40:02]

SO I UNDERSTAND THE NEED TO PUSH IT FARTHER FORWARD.

AND IT LOOKS TO ME YOU TRIED YOUR BEST TO KEEP THIS WITHIN THE REALM OF THE OTHER STRUCTURES YOUR TWO NEIGHBOR'S HOUSE IS KIND OF YOU ALMOST TAKE LIKE A PLAIN LINE AND DRAW IT KIND OF AT AN ANGLE BETWEEN THE TWO HOUSES.

YOU WOULD ALMOST BE RIGHT ON THERE.

SO I CAN APPRECIATE THAT FACT IN ALL.

I KNOW I'M RAMBLING, BUT I'M JUST TRYING TO STATE AS MANY FACTS I CAN.

FOR THE RECORD, I AGAIN, JUST LIKE THE FIRST ONE.

I DON'T SEE AN ISSUE WITH THIS PER SE.

WITH GRAININESS, I FEEL YOU DO HAVE A UNIQUE ENOUGH CIRCUMSTANCE WITH YOUR PROPERTY AND LOCATION OF YOUR HOUSE TO WHERE I THINK THIS COULD BE WARRANTED.

THAT'S A THANK YOU.

MEMBER DESCHAINE ANY COMMENTS? I WOULD AGREE WITH THE COMMENTS MADE.

I'M SUPPORTING OF THIS VARIANCE AS WELL.

IT IS A UNIQUE CIRCUMSTANCES.

IT IS UNBUILDABLE IN THE BACK AND A NARROW LOT MAKE IT IMPOSSIBLE TO BUILD ON THE SIDE.

QUITE HONESTLY, WHEN THIS NEIGHBORHOOD WAS BUILT IN THE FORTIES, GARAGES WEREN'T COMMON AND PEOPLE DIDN'T HAVE MORE THAN ONE CAR AND NOW THEY HAVE TWO AND OTHER EQUIPMENT TO STORE.

SO COVERED PARKING HAS BECOME A NECESSITY RATHER THAN AN OPTION.

I APPRECIATE THE APPLICANT GIVING US THE ANSWERS THAT HE HAS, AND I ALSO APPRECIATE YOUR ATTEMPTS TO LIMIT THE SIZE OF IT AS WELL THE STATE WITHIN OUR OTHER AREAS OF COMPLIANCE. SO I'M SUPPORTIVE OF THIS VARIANCE.

I AGREE AS WELL.

AND SO WITH THAT, UNLESS THERE ARE ANY OTHER COMMENTS, I WILL GO THROUGH THE CRITERIA.

SO FIRST ONE UNIQUE CIRCUMSTANCES EXIST THAT ARE PECULIAR TO THE LAND OR STRUCTURE.

THEY'RE ARE NOT APPLICABLE TO OTHER LAND OR STRUCTURES IN THE SAME ZONING DISTRICT, AND THIS UNIQUE CIRCUMSTANCES ARE NOT SELF CREATED.

I AGREE WITH EVERYTHING THAT WAS STATED, PARTICULARLY GIVEN THE FEATURES OF THE NEIGHBORHOOD AND THE FACT THAT YOU HAVE ABSOLUTELY NOWHERE TO PUT A GARAGE IN THE BACK OF YOUR HOUSE.

IT'S NARROW AND THE LOCATION OF THE TREE MAKES IT IMPROBABLE FOR YOU TO PUT ANY GARAGE STRUCTURE THERE IN THAT LOCATION.

AND CLEARLY THE HOUSE WAS THERE LONG BEFORE YOU MOVED IN.

SO IT WAS NOT SELF CREATED, STRICT INTERPRETATION AND ENFORCEMENT OF THE LITERAL TERMS AND PROVISIONS.

THIS CHAPTER WILL RESULT IN PRACTICAL DIFFICULTIES THAT WILL PREVENT THE OWNER FROM USING THE PROPERTY FOR A PERMITTED PURPOSE.

AT THE END OF THE DAY, THIS IS MICHIGAN AND WE SHOULD ALL HAVE A GARAGE.

SO I DO AGREE WITH WHAT BOTH MEMBERS KOENIG AND DESCHAINE HAS HAVE INDICATED AS FAR AS THE PRACTICAL DIFFICULTIES THAT WOULD RESULT IN NOT GRANTING THIS VARIANCE AND THE FACT THAT YOU LITERALLY AND YOU PHRASED, I THINK, THE PRACTICAL DIFFICULTIES VERY WELL BY INDICATING THE WIDTH OF THE STREET, THE FACT THAT THERE ARE NO SIDEWALKS AND THE GENERAL SAFETY OF YOUR ASSETS AND WANTING TO PROTECT THEM FROM THE WEATHER.

GRANTING THE VARIANCE IS THE MINIMUM ACTION NECESSARY THAT WOULD CARRY OUT THE SPIRIT OF THE ZONING ORDINANCE, SECURE PUBLIC SAFETY AND PROVIDE SUBSTANTIAL JUSTICE.

YOU WENT OUT OF YOUR WAY TO MAKE SURE THAT YOU WERE ADHERING TO THE OTHER ORDINANCES BY PUTTING THE MINIMUM SIZE GARAGE THAT YOU COULD TO MAKE SURE THAT YOU HAD EVERYTHING THAT YOU NEEDED.

BUT ALSO, WE'RE NOT COMING TO US ASKING FOR ANOTHER VARIANCE.

AND SO WE ARE VERY GRATEFUL OF OF THAT.

AND SO WE DEFINITELY APPRECIATE YOUR EFFORTS IN PROVIDING THE MINIMUM ACTION NECESSARY.

GRANTING THE VARIANCE WILL NOT ADVERSELY AFFECT ADJACENT LAND OR THE ESSENTIAL CHARACTER IN THE VICINITY OF THE PROPERTY.

AS NOTED, WE DID HAVE THOSE THAT PROVIDED COMMENTS THAT THERE WAS NO OPPOSITION AS WELL AS NOT HEARING FROM OTHERS IN THE NEIGHBORHOOD.

AND JUST BASED ON THE COMMENTS THAT YOU PROVIDED AS WELL AS PEOPLE YOU KNOW, YOU'RE FAMILIAR WITH PEOPLE IN THE NEIGHBORHOOD, YOU'RE TRYING TO KEEP THE CHARACTER OF WHAT THE NEIGHBORHOOD IS USED TO.

FOR THE PAST SEVERAL YEARS.

SO I DO NOT BELIEVE THAT GRANTING THE VARIANCE WILL ADVERSELY AFFECT THE ADJACENT LAND.

AND NUMBER FIVE, GRANTING THE VARIANCE WILL GENERALLY WILL BE GENERALLY CONSISTENT WITH PUBLIC INTEREST IN THE PURPOSES AND INTENT OF THIS CHAPTER.

I THINK WE'VE COVERED ALL OF THOSE IN SEVERAL DIFFERENT COMMENTS THAT HAVE BEEN MADE HERE.

AND SO UNLESS THERE ARE OTHER COMMENTS TO BE MADE, THEN CAN I GET A MOTION TO APPROVE? ZBA CASE NO.

22-08-17-2 6078 PORTER, EAST LANSING, MICHIGAN 488234.

[00:45:04]

SO MOVED, SUPPORT.

ALL RIGHT, WITH THAT, WE WILL TAKE A VOTE.

MEMBER KOENIG YES.

MEMBER DESCHAINE YES.

AND THE CHAIR VOTES YES AS WELL.

MR. LINNELL, CONGRATULATIONS.

YOUR VARIANCE HAS BEEN APPROVED.

I HOPE IT WAS NOT PAINFUL.

NOT TOO MUCH. I DO WANT TO COMMENT? BECAUSE I HAVEN'T BEEN BACK HERE IN QUITE A TIMEFRAME AND I'VE BEEN LOOKING ON THE FIRST OPPORTUNITY TO VOTE.

I HAD AN OPPORTUNITY TO TELL EVERY VOLUNTEER AT THE VOTING THAT I APPRECIATE THEIR VOLUNTEERING BECAUSE NOT EVERYBODY DOES.

AND I OFFERED THE SAME TO YOU.

I KNOW YOU'RE NOT VOLUNTEERS, BUT THANK YOU FOR SERVING.

THANK YOU FOR SERVING. AND THANK YOU FOR SERVING.

AND KEITH, YOU AND I HAVE TALKED A LITTLE BIT ON THE PHONE AND IN PERSON, AND THANK YOU FOR ALL YOUR HELP AS WELL.

WE APPRECIATE YOUR COMMENTS AND THANK YOU FOR RETURNING.

AND I'M SURE YOUR MOM APPRECIATE YOU BEING HOME.[INAUDIBLE].

I AM SURE. WELL, AND OUR CONDOLENCES FOR THE LOSS OF YOUR FATHER.

BUT HE LIVED A GREAT LIFE AND NOT HAVING HIM AROUND IS NOT FUN.

BUT HE LIVED A GREAT LIFE.

GOOD. WELL, ENJOY YOUR NEW GARAGE AND ENJOY YOUR MOTHER AND HAVE A GREAT DAY.

THANK YOU FOR COMING.

ALL RIGHT. WITH THAT, WE WILL MOVE ON TO OTHER BUSINESS, ANY OTHER BUSINESS BEFORE US THIS EVENING? NO OTHER BUSINESS.

ARE THERE ANY OTHER PUBLIC REMARKS? SEEING NONE.

BOARD MEMBER COMMENTS NONE.

ALL RIGHT. NO COMMENTS.

AND SO WITH THAT, IT IS AS MY DAD IS CALLING ME.

IT IS 7:25 AND I DON'T KNOW IF I NEED A MOVE TO ADJOURN THE ZONING BOARD OF APPEALS MEETING FOR AUGUST 17, 2022.

BUT I HEREBY ADJOURN IT.

SUPPORT. VERY GOOD.

ALL RIGHT. WELL DONE.

* This transcript was compiled from uncorrected Closed Captioning.