ZONING BOARD OF APPEALS Quality Services for a Quality Community

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1 ZONING BOARD OF APPEALS Quality Services for a Quality Community MEMBERS Chair Brian Laxton Vice Chair Caroline Ruddell Konrad Hittner Patrick Marchman Eric Muska John Robison Travis Stoliker Alternate 1 James Bradley City Council Liaison and Alternate 2 Erik Altmann Staff Liaison Darcy C. Schmitt (517) City of East Lansing DEPARTMENT OF PLANNING, BUIL.DING & DEVELOPMENT 410 Abbot Road East Lansing, MI (517) MINUTES May 4, :00 p.m. 54-B District Court, Courtroom Linden Street Present: Absent: Staff Present: 1) OPENING Altmann, Hittner, Laxton, Marchman, Muska, Robison, and Stoliker Ruddell Schmitt A) Roll Call Schmitt called the meeting to order at 7:07 p.m. At the calling of the roll, Member Ruddell was absent. B) Approval of the Agenda Motion: Stoliker moved to approve the agenda. The motion was seconded by Hittner. Vote: All yeas. Motion carried unanimously by a vote of 7 to 0. C) Approval of the Minutes Motion: Robison moved to approve the April 13, 2016 minutes as presented. The motion was seconded by Marchman. Vote: All yeas. Motion carried unanimously by a vote of 7 to 0. 2) COMMUNICATIONS A) Written None B) Oral None East Lansing Zoning Board of Appeals Minutes May 4, 2016 Page 1 of 5

2 3) NEW BUSINESS A) An appeal from Paul Vlahakis of the Planning and Zoning Administrator s decision as it relates to the property located at 225 Ann Street, in the B-3, City Center District where the property was found to be in violation of the following requirement of Chapter 50 - Zoning Code of the City of East Lansing: Section Permitted uses: The free standing shed located on the rear parking lot of the building is not permitted. Schmitt described the property, noting the location, zoning of the property and the surrounding area, and proposal as indicated in the Staff Report. She stated that these uses are not allowed in the B districts. Stoliker stated in reading through the Business Districts it does not state that sheds are not allowed but it also does not state that sheds are allowed. Schmitt replied affirmatively. Altmann asked if the requests are coming from the residential areas. Schmitt replied they are coming from the B-2 and B-4 districts especially in office areas where there are trash receptacles. The requests are to add on to the trash receptacles so it looks like it is part of the trash receptacle as they are in need of storage of outdoor tools and things of that nature. Perhaps include an ordinance that would fall under trash or recycling that would require fencing. She further stated we are seeing more of a need for these types of structure in the B districts than we have in the past for things such as lawn equipment, bottle returns, etc. She stated if it is added to the code there would be the need to add dimensional requirements. Schmitt stated Mercantile Bank added an enclosed structure within their dumpster enclosure for such things as yard tools and storage as part of their proposal when they built their structure in 2005 or Altmann asked if Crunchy s is required to obtain approval to have storage at the rear by the dumpster. Schmitt replied they have had the structure as long as she s been with the City and she believes it may be a grandfathered use. Marchman asked if the applicant is allowed to have 100% ground coverage. Schmitt replied affirmatively and stated the applicant could add on to his building instead of having a separate storage shed and not be in violation. Laxton asked if they could add a fence at the back of the building to use as storage. Schmitt replied negatively and stated there needs to be an ordinance that would allow for both a fenced area and a shed. East Lansing Zoning Board of Appeals Minutes May 4, 2016 Page 2 of 5

3 Stoliker stated he wanted to disclose a potential conflict of interest as he has known the applicant and applicant s family for many years. Laxton asked if he had a financial interest in the direct outcome of the variance appeal. Stoliker replied negatively. Motion: Robison moved to recuse Stoliker from discussion and vote on the appeal by Paul Vlahakis for the property at 225 Ann Street for the reasons given. The motion was seconded by Hittner Vote: All nays. Motion failed unanimously by a vote of 0 to 7. Braxton Newman, legal counsel for the applicant, addressed the Board and stated they believe the shed is a permitted use under the code. He stated the Health Department has indicated they need to keep their empty bottles away from the kitchen area and that is where they store them and the empty kegs. Paul Vlahakis, 4900 Montrose Avenue, Suite 100, Okemos addressed the Board and stated they also store propane tanks for the outdoor heaters as those cannot be stored within the building and cannot be stored in the parking lot. Laxton stated the Board s task is not to judge whether a company has been a good neighbor but rather if they meet the black and white letter of the Zoning Code. Laxton said, for him the word customarily is what he questions. How is it that the shed is customarily incidental to this type of business? Mr. Vlahakis replied he has four of five other restaurants and they all have an accessory use of a shed. Stoliker stated that as a restaurant owner he too has a shed at his restaurant. Laxton asked what the benefit of having a shed. Mr. Vlahakis replied the Health Department endorses having a shed to keep the bottles out of the kitchen area. Altmann stated he was at the Peanut Barrel; they do not have an outdoor shed and they store their kegs in the bar area. Mr. Newman replied the Peanut Barrel has a much smaller kitchen area than El Azteco. Altmann asked about the fruit flies. Mr. Vlahakis replied if a business does not have some place to store the empties they have to be stored in the restaurant. Altmann further stated their argument was they needed to get the stuff they are storing in the shed out of the kitchen due to health reasons. Altmann stated the shed is for storing items that do not fit in the store and every business would like to have extra storage. He continued that allowing the shed would set a precedent and any business with a parking lot would be requesting extra storage space outside their building. Mr. Newman replied they have private, non-public, parking on site and they are not taking away spaces from any requirement. Mr. Newman further stated where the shed is located does not impede pedestrian traffic. Hittner asked if there have been any regulations put on the storage of the propane cylinders stored in the shed. Mr. Vlahakis replied negatively. Hittner stated it is possible there are regulations related to storage and ventilation. Altmann asked where a business would store items such as these. Schmitt replied that is a good question because the zoning code does not specify. East Lansing Zoning Board of Appeals Minutes May 4, 2016 Page 3 of 5

4 Laxton referenced language in different zoning districts that specifically indicate sheds are a permitted accessory use within those districts. He asked by inference would it make sense that if sheds not listed as a permitted use in Section then it is not allowed. Mr. Vlahakis stated he did not review the entire code. Laxton stated he is not a restaurateur and does not know what is customarily incidental to a restaurant. Mr. Vlahakis stated he owns five restaurants and four have sheds. He said he would have put a shed at Dublin Square but he needs the parking instead. Laxton said he would like to see whether other restaurants have sheds. Stoliker stated he is a restaurateur and the Board has the statement of Ms. Schmitt that this is a common request. Schmitt stated she wanted to clarify the requests are just beginning and she would not classify a shed as customarily incidental to a restaurant and the ones that are there are have been placed recently. She further stated the things she is seeing requests for is not just for restaurants but also maintenance issues and things of that nature. Stoliker stated he appreciates Schmitt s position but he does not think the code clearly states sheds are not allowed. Hittner asked if Mr. Vlahakis purchased a cargo van and parked it behind his restaurant and used it to store the empties and miscellaneous other items it would be allowed but a shed is not. Schmitt replied affirmatively. Altmann stated he does not see how a shed is customarily incidental to a restaurant given that a bike shop or t-shirt could have the same argument about needing storage of miscellaneous items or outdoor lawn equipment. Hittner stated he does see the shed as incidental to the storage of bottles and empty kegs but he is not sure Mr. Vlahakis chose the right vehicle allowable by the zoning code. Stoliker stated he believes a shed is customarily incidental to a restaurant. Schmitt asked the Board to consider if sheds are allowed as an accessory use what would stop a property owner in the B-3 District from putting a shed in the front yard. She stated there is nothing in the code under B-3 stating that accessory uses are only allowed in the rear or side yards. Muska asked Schmitt if the applicant would be required to remove the shed from the property if the Board denied the application and if an ordinance was added later to allow it, he could add it back. Schmitt stated not necessarily. Motion: It was moved by Stoliker and seconded by Robison to defer the appeal until the October 2016 meeting to allow time to process an ordinance to address sheds/outdoor storage in business districts. Vote: All yeas. Motion carried unanimously by a vote of 7 to 0. East Lansing Zoning Board of Appeals Minutes May 4, 2016 Page 4 of 5

5 4) OLD BUSINESS None 5) STAFF REPORTS None 6) BOARD MEMBER CONCERNS None 7) ANNOUNCEMENTS Stoliker announced he purchased a home in Okemos but has not sold his home in East Lansing. He expects that he will be at the next meeting; however, we should be looking for his replacement. 8) ADJOURNMENT There being no further business, the meeting was adjourned at 8:41 PM. Brian Laxton Chair Darcy C. Schmitt Secretary East Lansing Zoning Board of Appeals Minutes May 4, 2016 Page 5 of 5