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M E M O R a N D U M Planning Division 211 South Williams Street Royal Oak, MI 48067 248.246.3280 Meeting Date: July 11, 2019 M E M O R A N D U M DATE: June 17, 2019 TO: Zoning Board of Appeals FROM: Planning Division SUBJECT: Report of Findings Case No. 19-07-21 – 309 E. 11 Mile Rd. (25-15-357-025) 1. Requested Variances (a) Waive 13 of the minimum required 59 off-street parking spaces 2. Purpose To convert an existing building to medical offices. 3. Aerial Photograph Report of Findings – Case No. 19-07-21 309 E. 11 Mile Rd. Page 2 of 3 4. Variances to Chapter 770 Zoning ARTICLE IX Off-Street Parking and Loading §770-107. Table of off-street parking requirements. Medical and dental office – 1 space per 200 sq. ft. of usable floor area 5. Petitioner & Owner Stephen R. Etsey, Dykema Gossett PPLC, petitioner, & Martin – 11, LLC, owner 6. Findings The subject property is located at the northeast corner of E. 11 Mile Road and N. Troy Street. It was previously utilized as a food packaging and distribution center with ancillary retail sales and professional office. The prior uses required 27 off-street parking spaces. The petitioner proposes to convert the building into two medical office tenant spaces. In the absence of a floor plan for each tenant space, the required amount off-street parking is calculated at 80% of the gross floor area per the zoning ordinance. The petitioner has identified the building’s gross floor area as 14,715 square feet. The proposed medical offices require a total of 59 off-street parking spaces. The existing parking lot located to the rear of the building will be re-striped to accommodate 46 off-street parking spaces. The petitioner is seeking a variance to waive 13 of the minimum required 59 off-street parking spaces. As a point of reference, the table below compares the required amount of off-street parking per land use based on zoning ordinance provisions. table of uses & required off-street parking uses required off-street parking per usable sq. ft. retail sale of furniture & appliances 1 per 800 sq. ft. general retail sale 1 per 250 sq. ft. prof. or medical office 1 per 225 sq. ft. fitness center 1 per 4 persons based on max. occupancy carry-out restaurant 1 per 200 sq. ft. convenience store 1 per 200 sq. ft. dine-in restaurant 1 per 65 sq. ft. 7. Decision Per § 770-124 (E) of the Zoning Ordinance: Upon an appeal, the Board is authorized to grant a variance from the strict provisions of this chapter, whereby unique, extraordinary or exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to, or exceptional undue hardship upon the owner of such property, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this chapter. In granting a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed uses as it may deem reasonable in furtherance of the purpose of this chapter. Further, in granting a variance, the Board shall state the grounds upon which it justifies the granting of a variance as outline below. When granting any variance, the Board must ensure that the spirit of this chapter is observed, public safety secured, and natural resources protected. The Board shall determine that the variance approval, either as proposed by the applicant or as otherwise determined by the Board based upon the record, is the minimum relief necessary in order to achieve substantial justice. The Board shall not have the power to consider an appeal of any decision concerning a special land use or planned unit development, unless specifically authorized to do so by the Planning Commission. 2. Nonuse variances. The applicant must present evidence to show that if this chapter is applied strictly, practical difficulties will result to the applicant and that all four of the following requirements are met: a. That this chapter’s restrictions unreasonably prevent the owner from using the property for a permitted purpose; Report of Findings – Case No. 19-07-21 309 E. 11 Mile Rd. Page 3 of 3 b. That the variance would do substantial justice to the applicant as well as to other property owners in the district, and a lesser relaxation than that requested would not give substantial relief to the owner of the property or be more consistent with justice to other property owners; c. That the plight of the landowner is due to the unique circumstances of the property; and d. That the alleged hardship has not been created by any person presently having an interest in the property. Nonuse Variances require 5 affirmative votes for approval. cc: Stephen Etsey, Dykema Gossett PLLC, 39577 Woodward Ave., Bloomfield Hills, MI 48304 Martin – 11, LLC, 326 E. 4th St., Ste. 200, Royal Oak, MI 48067 It is recommended that the petitioner or a representative attend the July 11, 2019 Zoning Board of Appeals meeting. The meeting starts at 7:00 p.m. in the City Commission chambers on the 3rd floor of City Hall. Engineers Surveyors Planners Landscape Architects 1025 East Maple Road Suite 100 Birmingham, MI 48009 p (248) 852-3100 f (313) 962-5068 www.giffelswebster.com LOCATION MAP NOT TO SCALE Executive: MP Manager: NS Designer: NS Quality Control: MP Section: 15 - TELEPHONE, GAS, ELECTRIC, CABLE TV, STEAM, PUBLIC LIGHTING, WATER, SEWER UTILITY MAPS WERE NOT AVAILABLE AT TIME OF SURVEY. T-01-N R-11-E - THIS PARCEL IS LOCATED WITHIN A FEDERALLY DESIGNATED FLOOD HAZARD AREA ZONE "X" (AREA DETERMINED TO BE OUTSIDE OF Professional Seal: THE 0.2% ANNUAL CHANCE FLOODPLAIN) IN ACCORDANCE WITH THE FEDERAL INSURANCE RATE MAP, MAP NUMBER 26125C0682F, EFFECTIVE DATE OF 9/29/2006, NON-PRINTED FLOOD MAP. - MEASURED BEARINGS IS BASED ON STATE PLANE COORDINATE SYSTEM, MICHIGAN SOUTH. RECORD BEARINGS AND DISTANCES ARE BASED ON PLATS OF RECORD. - THERE IS NO EVIDENCE OF EARTH MOVING WORK, BUILDING CONSTRUCTION, OR BUILDING ADDITIONS OBSERVED IN THE PROCESS OF CONDUCTING FIELD WORK. UTILITY STATEMENT THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND EXISTING DRAWINGS. THE SURVEYOR MAKES NO GUARANTEES THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM INFORMATION AVAILABLE. R (R) = UTILITY SHOWN FROM RECORDS OR PLANS, & FIELD LOCATED WHERE POSSIBLE. PRIOR TO THE PLANNED BUILDING IMPROVEMENTS, AND/OR CONSTRUCTION, THE RESPECTIVE UTILITY COMPANIES MUST BE NOTIFIED TO STAKE THE PRECISE LOCATION OF THEIR UTILITIES. Know what's below. Callbefore you dig. PROPERTY DESCRIPTION (PER TITLE COMMITMENT NO. TC13-72937, PREPARED BY TITLE CONNECT, LLC, AND ITS UNDERWRITER, FIRST AMERICAN TITLE INSURANCE COMPANY, DATED MAY 24, 2018) DATE: ISSUE: LAND SITUATED IN THE CITY OF ROYAL OAK , COUNTY OF OAKLAND, STATE OF MICHIGAN 04.02.2019 SUBMIT TO OWNER DESCRIBED AS FOLLOWS: PARCEL 1 05.20.2019 SUBMIT SITE PLAN TO OWNER THE EAST 107.87 FEET OF LOT 11, OF ASSESSOR'S PLAT NO. 12, AS RECORDED IN LIBER 51, PAGE 45, OAKLAND COUNTY RECORDS. 06.07.2019 SUBMIT SITE PLAN TO OWNER PARCEL 2 LOT 4, ASSESSOR'S PLAT NO. 14, AS RECORDED IN LIBER 52, PAGE 2, OAKLAND COUNTY RECORDS. Developed For: VERSA DEVELOPMENT 326 E. FOURTH STREET SUITE 200 ROYAL OAK, MI 48067 248.421.7140 EXISTING CONDITIONS 309 E. ELEVEN MILE RD. CITY OF ROYAL OAK OAKLAND COUNTY MICHIGAN Date: 04.02.2019 Scale: 1"=20' Sheet: C1 Project: 19362.10 Copyright © 2019 Giffels Webster. No reproduction shall be made without the prior written consent of Giffels Webster. H:\19\19300\19362.10 309 E Eleven Mile RO\Design\CAD\01 Existing Conditions.dwg EXISTING GRASS TO REMAIN Engineers Surveyors PR. TRASH ENCLOSURE Planners SEE DETAILS THIS Landscape Architects SHEET 6 1025 East Maple Road Suite 100 Birmingham, MI 48009 p (248) 852-3100 19.65' 11 f (313) 962-5068 www.giffelswebster.com 22 LOCATION MAP NOT TO SCALE Executive: MP Manager: NS SITE PLAN NOTES: Designer: NS SITE AREA: 0.816 ACRES Quality Control: MP EXISTING ZONING: NEIGHBORHOOD BUSINESS 9.00' Section: 15 T-01-N R-11-E SETBACKS (NB DISTRICT): REQUIRED EXISTING FRONT (N. TROY ROAD) 0' 0' Professional Seal: 20.47' FRONT (E. 11 MILE ROAD) 0' 0' 22.00' 20.00' 23.01' 20.00' SIDE 0' 0' REMOVE EX. ALUMNINUM CHAIN LINK REAR (ABUTS RESIDENTIAL) 25' 179' FENCE AND GATES ATOP MASONRY WALL. 6' SUPPORT COLUMNS TO BE CUT TO SAME HEIGHT AS WALL. CONTRACTOR TO VERIFY IN FIELD BUILDING AREA: GROSS AREA: 14,715 SF USABLE AREA: 11,772 SF BUILDING HEIGHT: REQUIRED MAXIMUM HEIGHT: 30' PROPOSED HEIGHT: 22'-8" LOT COVERAGE PERCENTAGE: 41% 20.05' REMOVE AND REPLACE WALK NECESSARY FOR PARKING CALCULATIONS LEAD INSTALLATIONS REQUIRE PARKING SPACES R - MATCH EXISTING GROSS BUILDING AREA - 14,715 SF USEABLE BUILDINGS AREA - 80% 7 SB MEDICAL OFFICE - 1 SPACE PER 200 SF Know what's below. 2 Callbefore you dig. RIM MATCH EX. 14715 x 0.8 = 11,772/200 - 58.86 OR 59 SPACES w EXISTING LOT - 32 SPACES DATE: ISSUE: REMOVE AND PR. 13'-2.5" DOMESTIC SERVICE PROPOSED RE-STRIPED LOT - 46 SPACES REPLACE CURB AND TSVW WITH CURB STOP IN BOX. 2.5" TAP 04.02.2019 SUBMIT TO OWNER PAVEMENT WITH 2.5" VALVE AND BOX.
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