Zoning Board of Appeals Regular Meeting Minutes

FRENCHTOWN CHARTER TOWNSHIP ZONING BOARD OF APPEALS REGULAR MEETING MINUTES WEDNESDAY JULY 8, 2015 7:00 PM Meeting was called to order at 7:00 pm. ROLL CALL: Jack Lindquist Ignazio Cuccia Dan Weder Robert Polk

Peggy Barton- absent

Also present: Joseph Lehmann/Building Official Cindy Allor/Recording Secretary Rick Kinsey/ Monroe Bank and Trust Dr. Soubedah Ahadi/Dr. Ahadi Medical Office Dave Olah, Olah Contracting/Dr. Ahadi Medical Office James Jacobs,Jacobs Architects/Dr. Ahadi Medical Office

2 citizens were present

ITEM NO. 1 Agenda Approval MOTION

Moved By: Ignazio Cuccia Supported By: Jack Lindquist

A motion was made to approve the agenda. MUC Secretary Ignazio Cuccia informed both applicants that the Board has 4 voting members present tonight; they have 1 voting member absent. Mr. Cuccia explained process to applicants, both wished to proceed at this time.

ITEM NO. 2 MINUTES OF JUNE 10, 2015 MEETING MOTION

Moved By: Ignazio Cuccia Supported By: Dan Weder

A motion was made to approve the minutes of the June 10, 2015 MUC

Secretary Ignazio Cuccia read the legal notice published in Monroe Evening News on June 23, 2015. Twenty six (26) property owners were notified for ITEM 3, PARCEL# 07-030-501-00. Two (2) property owners are in attendance at tonight’s meeting. Thirty-five (35) property owners were notified for ITEM 2, PARCEL # 07-877-005-00. No property owners were present. ITEM NO. 3 Monroe Bank and Trust/ REGARDING PARCEL # 07-030-501-00 LOCATED AT 4818 Brest Bay, Newport, MI 48166.

MOTION Moved By: Ignazio Cuccia Supported By: Dan Weder

Chairman opened the public hearing.

Under Discussion: The Applicant is requesting a variance from the requirements of Township Zoning Ordinance No. 200 Article 21.00 Schedule of Regulations frontage requirements of Eighty (80) feet in order to be a buildable lot. The current frontage is listed as Ten (10) feet.

Rick E. Kinsey, Vice President, Monroe Bank and Trust provided clarity for the Board Members on exact location of property, stating it is located near mailboxes, and has a metal gate. Mr. Kinsey then gave his presentation.

Members reviewed submittal documents and asked questions.

Secretary Ignazio Cuccia referenced Article 21.00, and commented that said property does not meet requirements to be a buildable lot. Discussion of property history, Four (4) lots including said property were deemed buildable lots by original owner.

There were no further questions from the members.

Chairman Robert Polk opened the floor for public discussion.

CITIZEN COMMENTS Present were Two (2) citizens representing neighboring l Properties. First citizen present was Kevin Durell, he spoke briefly regarding said property history. Mr. Durell stated he had no comment at this time when asked how he feels about allowing variance of said property. Second citizen present was Hazel Baker; she stated her father owns the neighboring property to said property; she is here on his behalf. Ms. Baker also spoke briefly about property history, and easement granted by original owner. Secretary Ignazio Cuccia asked if the family is against said property being granted variance, she replied that she is against variance.

MOTION Moved By: Ignazio Cuccia Supported By: Dan Weder A motion was made to close the public hearing. MOTION Moved By: Ignazio Cuccia Supported By: Dan Weder MUC

The members discussed the case.

MOTION Moved By: Ignazio Cuccia Supported By: Jack Lindquist A motion was made to deny this variance. It was stated that the property does not meet the Frenchtown Charter Township Ordinance requirements of Article 31 for the grant of a variance. It is further noted that even though this is a “self-created” issue from original property owner, the property still also does not meet set back requirements.

ITEM NO. 4 Dr. S. Ahadi/Dr. Ahadi Medical Office REGARDING PARCEL ID#07-877-005-00 located at 55 Cole Road.

MOTION

Chairman Robert Polk opened the public hearing.

James Jacobs from Jacobs Architects introduced Dr. Soubedah Ahadi who then spoke briefly. Under Discussion: The Applicant has requested Three (3) variances from the requirements of Township Zoning Ordinance No. 200 1. Article 21.00 Schedule of Regulations for setback from Ives Street- to Twenty (20) feet. 2. Article 24.00 Off-Street Parking Requirements, Layout, Standards, and Off-Street Loading and Unloading for minimum required parking spaces. 3. Article 24.00 to permit direct access to parking spaces from the Ives Street right-of-away. The applicant is unable to comply with the Township Zoning Ordinance due to the site configuration, limited area and existing building/parking layout.

Mr. Jacobs then gave his presentation to the members regarding the properties three (3) requested variances.

Mr. Jacobs reviewed current split zoning of said property; which is zoned R-10 and C-3. Dr. Ahadi’s Medical Offices intent is to re-zone said property to OS (Office Service District). Mr. Jacobs stated that the Three (3) variances requested are to expedite the process and move forward with re-zoning.

Secretary Ignazio Cuccia asked for clarification if the current Six (6) parking spots would still be utilized for staff. Mr. Jacobs confirmed this would still mainly be utilized for staff parking. Discussion between Mr. Jacobs and the Board discussed current and future parking spaces. Mr. Jacobs further stated the Ordinance allows for 56 parking spaces. Due to odd shape of lot the variance is only asking for 45 parking spaces.

There were no further questions from the members.

Chairman Robert Polk opened the floor for public discussion.

No comments from the public.

MOTION Moved By: Ignazio Cuccia Supported By: Dan Weder

A motion was made to close the public hearing. MUC

The members discussed the case.

MOTION Moved By: Ignazio Cuccia Supported By: Jack Lindquist A motion was made to grant requested variances for the reason that they meet the requirements of Article 31. Secretary Ignazio Cuccia further stated that even though variances are granted Dr. Ahadi’s Medical Offices should proceed with rezoning. James Jacobs responded positively and stated Dr. Ahadi plans to follow through with rezoning.

The variances are granted are only valid for the period of 1 year, expiring on July 8, 2015.

ITEM NO. 5 OLD BUSINESS Members discussed North Monroe Greenhouse. Joe Lehmann stated that the property is not signed off on as of today.

ITEM NO. 6 NEW BUSINESS Nothing new stated at this time.

ITEM NO. 7 BOARD COMMENTS Secretary Ignazio Cuccia informed the members that the new planner is Chris Khorey from McKenna & Associates, and he will present at July 16th Planning Commission meeting. Mr. Cuccia stated that the current planner will finish up the cases she is currently serving on until they are completed. Joe Lehmann informed members of the upcoming Planning Seminar being held on July 22, 2015 at MBT main office on Washington. Members Polk, Cuccia, and Weder stated they would like to attend. Joe informed them clerical staff would register them.

ITEM NO. 8 ADJOURNMENT Moved By: Ignazio Cuccia Supported By: Dan Weder

A motion was made to adjourn the meeting at 8:18 p.m. MUC