File #: 2017-0098    Version:
Type: Variance / Modification Status: Passed
File created: 2/28/2017 In control: Zoning Board of Appeals
On agenda: 7/12/2017 Final action: 7/12/2017
Title: PUBLIC HEARING - FILE No. 17-003 Location: 260 Winry Dr., located on the north side of Winry Dr., south of Tienken Rd. and west of N. Pine St., Parcel Identification Number 15-10-205-037, and zoned R-4, One Family Residential. Request: A request for a variance of 4.4 feet from Section 138-5.100 (Schedule of Regulations) of the Code of Ordinances, which requires a minimum side yard setback of 10 feet in the R-4, One Family Residential Zoning District. Submitted plans for a proposed addition and attached garage indicate a side yard setback of 5.6 feet. Applicant: David & Wendy Taylor 260 Winry Dr. Rochester Hills, M 48307
Attachments: 1. 07-12-17 Staff Report ZBA.pdf, 2. 07/12/17 Application.pdf, 3. 07/12/17 Applicant Letter-Photos.pdf, 4. 07/12/17 Applicant's Photo rendering of new look.pdf, 5. 07/12/17 Proposed Survey.pdf, 6. 07/12/17 Existing Survey.pdf, 7. ZBA Minutes 3-8-17.pdf, 8. Previously Granted Variances-Minutes.pdf, 9. Location Map.pdf, 10. Aerial Map.pdf, 11. Denial Leter.pdf, 12. 03/08/17 Staff Report Winry ZBA.pdf, 13. 03/08/17 ZBA Application.pdf, 14. 03/08/17 Applicant Letter-Photos.pdf, 15. 03/08/17 Proposed Survey.pdf, 16. 03/08/17 Existing Survey.pdf
Title
PUBLIC HEARING - FILE No. 17-003
Location: 260 Winry Dr., located on the north side of Winry Dr., south of Tienken Rd. and west of N. Pine St., Parcel Identification Number 15-10-205-037, and zoned R-4, One Family Residential.

Request: A request for a variance of 4.4 feet from Section 138-5.100 (Schedule of Regulations) of the Code of Ordinances, which requires a minimum side yard setback of 10 feet in the R-4, One Family Residential Zoning District. Submitted plans for a proposed addition and attached garage indicate a side yard setback of 5.6 feet.

Applicant: David & Wendy Taylor
260 Winry Dr.
Rochester Hills, M 48307
Body
MOTION by Koluch, seconded by Chalmers, in the matter of File No. 17-003, that the request for a variance from Section 138-5.100 (Schedule of Regulations) of the Rochester Hills Code of Ordinances to grant a variance of 45 inches (3.9 feet) for 260 Winry Dr., Parcel Number 15-10-205-037, zoned R-4 (One Family Residential) be APPROVED because a practical difficulty exists on the property as demonstrated in the record of proceedings and based on the following findings:

1. Compliance with the strict letter of the restrictions governing the minimum setback for attached accessory buildings will be unnecessarily burdensome as there are a number of properties in this subdivision that have developed similar additions, and the proposed addition and attached garage cannot be reasonably reconfigured to meet the setbacks.

2. Granting the variance will do substantial justice to the applicant as well as nearby property owners by permitting a use or development of land that is consistent with prevailing patterns in the nearby area as multiple other homes in the North Hill Subdivision have similar additions.

3. A lesser variance will not provide substantial relief, and would not be more consistent with justice to other property owners in the area.

4. There are unique circumstances of the property th...

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