Planning Commission - Regular Meeting

Five here. Member here. Okay. The meeting is now called to order. And uh can is it has everyone had an opportunity to read the minutes from the last meeting? Can I have a approval recommendation to approve the the minutes? So move. Second. Okay. has been properly moved and second that the meeting minutes from the meeting uh the the last meeting of of December 16 be approved. Uh can we have a roll call on the subject? You say all in favor?

You say all in favor? All in favor?

I those opposed. Okay. So the meeting minutes have been approved. Uh the the the new uh business the business of the day is case number 26-01. It's on behalf of Jonathan and Hyrick of 2025 951 Harding Avenue and uh uh Jamie Craig will be representing him or presenting his case and um the the the the case or three items to be addressed during about the case and one is an approval to uh deviate from article 2, division 2, section 211 of the zoning ordinance. That's um that that that uh that uh that we will let him allow a two family dwelling in a in a residential one dwell uh district. And the second article will be a division two section um section division article two division 2 section 214 um of the zoning ordinance that requires the total sideyard setback to be a minimum of 14 ft. The applicant is requesting to allow two to allow a total side yard setback of 13 ft. And the uh another article for for which a deviation is request is in is article 2 division 2 section 2.14 of the zoning ordinance. This allows a minimum lot

coverage uh a maximum lot coverage of 35%. The applicant applicant is requesting to allow the lot coverage of 37.8%. Um now we'll have a now the meeting is now open to a public hearing. Uh anyone Okay. So um Mr. um Craig are you in the audience? Yes sir.

Okay. Okay.

Okay. So, so you're going to present information for the case or

So, can you state your name and address? Uh name is Zach Astro. Uh address 1515 Midwood Drive, White Lake, Michigan 48386. So I'll just address uh some of the technical aspects of the the variance request and then uh we'll have the uh the homeowner speak. Um little background is the uh we did I did an addition um and Jamie Craig built the addition for the uh the wine racks uh last year for their family and um since then they've liked to they like to have their their um their father and their their mother live with them. um they're elderly and and need a um a caregiver and um so the reason for the for the request for the um variance is the I'll start with the setback. Um the setback is you know it's a pre-existing non-conforming structure right now. They're they're three feet off the uh west lot line. So there's really nothing we can do about that. Um we're trying to stick with all the setbacks, but the the hardship is obviously that angle, that sharp angle on the uh the east side. Um so we tried to do everything we could to conform to stay within that. And um but essentially we need, you know, what we're looking for is is a is a caregiver to have their own bedroom because they they need people that that'll be with them 24 hours. Um, and then a space where they can uh have a bedroom and a little small family room. Uh, I know there was some questions about the kitchen. This is not a full cooking kitchen. This is kind of like a warming kitchen. So, they're going to have like a refrigerator, a microwave, um, a sink, and that's about it. But there's not any major cooking. It's not

a it's not a kitchen that they would be able that a family would be able to live on if they didn't have a a primary kitchen. Um and then in terms of the uh you can see Mr. Winerrack is in a is in a wheelchair. So he needs a the existing entrance is not handicapped accessible. It's very steep and so we're creating you know a separate entrance. We're proposing to create a separate entrance so they can get in with a caregiver and um have a little bit of privacy. there is a connection to the house but uh but that's that's the request is is due to that due to the uh the health and and the the care for the for the wine racks

and um I'm here to answer any other technical questions and can pass it off to Mr. Winra I don't want anyone have any any questions help me visualize this so this is a completely separate sort of like an in-law

so what it is is a is right now it's a it's a standard in this culde-sac all the houses are pretty much the same um what we're proposing to do is maintain that existing uh house as is with a connection um if you look on sheet 82 there's you know, there's a con connection in between kind of a little family room den area to the main house. Um, but they, you know, they're trying, they would like to have privacy. They've got a care, they need a room for a caregiver that can sleep over in the night and then one bedroom to, you know, for the both of them. It's Mr. Winerrack and his wife. Uh, so it's it's would be a total of three people living in this space. Um, the kitchenet is is, you know, it's shown It's not really detailed out, but again, it's just a warming kitchen. It's not a full full kitchen. They need handicapped accessibility, and that's the reason for the larger bathroom. Uh, you know, turning radiuses for wheelchairs, showers have to be bigger, etc. It's also bigger for a caregiver to be in the bathroom with one of them while, you know, if they need it, um, you know, at the same time. Um, plus, you know, just just general clearance to to get from point A to B in a wheelchair. uh that's why things are a little bit wider. So we went through many revisions and we tried to you know it's kind of a catch 22. We're trying to maintain the setback so we didn't need a fourth variance. Uh but at the same time we need more space um just for wheelchair access and that sort of thing. There's nothing really to the on this lot. If we talk about the lot for a minute, there's nothing to the east of the lot. Um it backs up to to the backs of houses and it's pretty wooded. So there's really no it doesn't really affect anybody. Um, we've we've talked I've tal I've personally talked to a couple neighbors. They they haven't had any issue. I don't know if you've received any comments from anyone, but um it's it's pretty much nobody's going to be uh um I don't think upset or

anything like that. I mean, and again, we we conform to all the setbacks. Um it's just the the lock coverage and the um uh it was a function of the space we need for the wheelchair and uh the setback is is pre-existing. And there's really nothing we can do about that. We maintain the setback the correct setback on on the proposed addition that we're building, but the existing the total we can't do anything about. Any more questions? Anybody with any more questions?

No questions. Okay. Anybody in the audience have any questions or anybody have any questions for them?

You want to have Mr. Winrack talk? Wait a minute. Oh, wait a minute. There it is.

You need the space. Why do you need the space? Oh, okay.

Yes. This is This is Mr. Arthur. Winra. And it should be noted Mr. Winerrack and his wife recently moved to Oak Park from Allentown, Pennsylvania. They're currently living in uh an assisted living facility that is inadequate for their needs and they would like to do this and have a 24-hour caregiver and be near their family. And that's the purpose of this. And they haven't been here in Michigan that long. And let me just say this to all that understand this would be a mica for him, a blessing.

Jamie Craig. I'm the owner of Renaissance Restorations contractor. Okay. And now I'll turn the floor over to Mr. Winrack. wine.

It would give us great pleasure to be able to live next to our children and uh u we are dependent upon our children for some of our care although uh we would expect to have hired caregivers for most of the time. And we need a place for those caregivers to be. And that's why we need two bedrooms and two bathrooms. And and I would add that Mrs. Winerrack is also in a wheelchair, so we end up needing room to be able to maneuver in two wheelchairs.

Does anyone have any questions for for him? Your name is His name is Arthur Arthur Winrack. Winebagger. Does anyone have any questions for Mr. Wineger? Wine rack. No, I I think we understand the issues. Okay. Anyone on the board have any questions? Any input, questions?

Any anybody in the audience wants to say anything? This is one you got. It's terrible to think about. Okay. And this is Mr. Winrackck's son who is the owner of the property,

Jonathan Winrick. uh just having uh watched the transition of my parents over the course of time and uh the having learned their experiences, we feel this would be an upgrade to their lifestyle to be able to have uh more independence on on their end as opposed to being limited to a uh an assisted living facility and its challenges. So, it' be a pleasure for us to be able to have them nearby so we can tend to their needs and as well as uh they can be together with the the family, the grandkids and whatever else. Thank you.

All right. I think it's really a a lot to hear and I guess Mr. wine rack, you're really blessed to have us uh and your daughter and son-in-law that that uh that appreciate you to the extent that they do and and I think I think you're moving into a blessed situation. Okay. Does anyone else Does anyone care to one else have anything to say? The problem here is not the variances. We bend over backwards for the physical variances to approve them and make people able to use their property as much as we possibly can. The problem here is a basic cannot have two family uh residents in an R1 zoning. And if we approve it for you, we'd have to approve it for everybody and we might as well th throw away the zoning law. So it [clears throat] the the solution if there is one goes into um it cannot be a separate you know one family can live in one house that's how it is in one in Oak Park we have no pro I don't think there's any problem with your parents that's one family um once you turn uh once you turn this into two families that's where the problem becomes because we have never approved it I've been involved in zoning in Oak Park now for about 40 years or more and it's never happened and it by and good authority it's not going to happen. I don't think you know anybody else in here is going to change the zoning provisions and throw out the zoning ordinance because if we do it for you we'd have to do it for everybody. So if you can work out something where it's one family, am I speaking? Yeah, one family living in one house. We have no problem with that. You get your variances. We, like I said, we're very flexible. But you can't have a two family residence in in an R1

zoning. That's all. Thank you. If I may, the basic thing seems to be the definition of what is a two residence. Exactly. We we're stuck with that definition. So the only suggestion was redesign it without that issue and I think you you'll get a variance. What I mean specifically I mean I know the kitchen. So let's say we took out the kitchen completely. Yes. We could we could I mean they have to have the separate entrance because they're in wheelchairs. I have no argument about that.

Okay. All right. So if we can we make it contingent on not putting a kitchen in Yeah, I I think we may be stepping out over our skis by doing that. Yeah, we're not the arbiters of that. Yeah. So, um the No, I I'm just trying to get clarification on what what we need to do.

Today has to be for the use variance and the dimensional variances based on the design submitted. Okay. If you go back and change the design to the minimum necessary that can accommodate the parents with the caregiver and you still need a variance that's it's going to be like a separate a different case because you have a different design so you can come back if you need at that time still a variance

I understand that but I'm trying to get clarification on what needs from this plan that I have here they have to have the you know if we look at 82. I'm not trying to be difficult. I'm just trying to get clarification. So, they need a they need a handicap, excuse me, they need a handicapped accessible bathroom. They need two bedrooms. They need a little little family room, little den. I mean, that's not unreasonable. So, the kitchen is is the hangup. I mean, we can take the kitchen, modify it. Is a kitchenet, you know,

this is still the design. And we need to see the design to in order to say if that's going to be two family dwelling units or one family dwelling units. Uh also the living area. It's again it's it's the size the kitchen and also it's also the entrance. So um the state definition also having a separate entrance. So that's what we need to look at and that's something when you have a different design before you finalize it. Let's have a meeting discuss and we'll see after that. Okay. But a separate entrance is a is a must that we can discuss that. I I have to get a legal counsel for this one.

Okay. All right. So, can we table this till till next month? It's it has to be resubmitted, I would think. Yes. Yeah. It's not No, we resubmit a a re redesign plan. It's going to be different variance uh requests. So it's going to be different than use variance and the dimensional. So it's not to table to provide additional fact or new information. You're providing a different design. All right? And you might not need the variances. If you like reduce the size of the kitchen, like reduce the kitchen and the living area, you might not need it cuz we're talking about just one

the total side for the side for the side. Can be waved internally. It's going to be Can that be waved internally? The uh the No, nothing can be waved internally. So then we have to come for a variance then. But again, you don't have the new design. Once you have the new design, we can discuss and see what variances you still need. Okay. All right. Understood. Yeah. And I I guess does the uh the caregiver live in the house also? I'm sorry. I'm I apologize. I didn't hear the caregiver be be living in the house as well. Correct. Yes. And the reason for the separate entrance and all is because of the caregiver or

Well, they're they're both Mr. Mr. Winrack and his wife are both in wheelchairs. So the the existing entrance to their house is a standard entrance. It's up 18 inches or so. It's there's no there's no physical way they can get into the house as it currently sits. So the the separate entrance that the entrance that we're adding is a handicapped accessible entrance. So that's why I'm trying to get some clarification. What I have no issue redesigning it, but I just want to make sure that we're you know if you said I we can't do a separate entrance, then our hands are tied. I mean, there's there's really not much we can do, but I mean, we can cut out of the kitchen a little bit.

I've seen handicap entrances that that just have a a ramp going into the house and not necessarily a separate entrance. So, they converge with the normal entrance. Right. Right. This is I mean, if you look at A2, I mean, it's a very very tight space in between. I mean, there's there's an there's um it's an old it's an older house. They have these columns that are to the west of the garage. east of the garage, I'm sorry. And it makes it a very narrow path. So even putting a ramp there, you it'd be very difficult. We looked at that uh early on. I'll get you clarification on that. Okay. Yeah. All right.

Okay. Any more questions or does anyone care to make a motion? Uh close the public hearing, please. Okay. Have to close the public hearing. We were open for public. You got to close the public. Okay. So is the public any more public input to the public discussion? Can we now close the public discussion? Yes, please. Yes.

Do you understand? We'll we'll give her We'll give her a minute. We'll give her We'll give her a couple of seconds.

We'll find out in a sec. procedurally. Do we have to do a motion or they wait and then they'll come back. It'll be good if they were to leave no matter what they have to come back with. Hold on. Careful. I'll move things along. Zach, is she gonna talk or not? Um, I I guess I just want you to take You have I'm sorry. You just You have to say your name.

Okay. I'm sorry. I'm Sarah Winra, uh, wife of Jonathan Winrackck. Sorry. Never did this before. Um, I just want you to take into consideration that when my in-laws moved, they actually moved from Pittsburgh. They moved about four years ago from a full-size house to an assisted living in Pittsburgh. and then they moved here to another assisted living. They had to further downsize and they have a lot of things that are very important to them and they know that in all these moves they have to keep downsizing and you know when we when we drew up the drawings which this has been going on for months already. That's why I guess I'm I I'll definitely leave it to the architect and everybody else. I'm just not feeling clarity on how we have to redo the drawing in order to get it accepted because it there was a lot of thought put into the drawing. And my father-in-law sat with little pictures of his furniture and where things will go and does he need to get rid of things. And so, you know, they're they're not trying to build this large space. They're they're just trying to fit in. So I guess I'm just trying to get a little clarity on

Yeah, please.

Not that I can clarity on a regular basis, but I'll try this on your situation in a seven vote in favor. You seem like very nice people and your father ful. Our charge up here is to maintain. Yeah. Member indicated a something that's never been done before.

But is it just that second entrance? That's what I'm trying to understand. I I heard the kitchen. It is two.

But what we're being asked to do is redraw it. So I guess what I'm asking and I didn't come up so much to ask for sympathy. I was trying to explain is can before we just redraw it and that takes months more. Could we have guidelines as to what we need to do within their needs? Meaning, if we're told we'll take out the second door, as Zach said, we can schedule a meeting and discuss with you what's the what you can do. So, we can schedule a meeting. Yes,

I can give you my business card. Zach knows my contact information. we can schedule a meeting as soon as possible to to just discuss uh what the changes you need to do. Okay. Okay. Okay. Thank you. based on the information based on the information submitted by the applicant and the analysis presented in this report. It is a recommendation uh I make a motion that the recommendation of the economic development and planning staff to deny the use variance to you have to do it as you have to do it as an approval. Yeah.

Okay. So I I Okay. So I I approved the denial.

No, you're you're making a motion to The motion is to approve. Okay. The motion is to approve the use motion of three things. To approve the variance of allowing a two family residence in an R1 one family dwelling district article 2 division 2 section 211 of the zoning ordinance does not permit two family dwellings in the R1 district. A variance to allow a total side yard setback of 13 ft. Article 2, Division 2, section 214 of the zoning ordinance requires a minimum sideyard setback of 14 ft. A variance to allow approve a variance to allow a lot coverage of 37.6% whereas article 2 division 2 section 214 of the zoning ordinance allows a maximum lot coverage of 35%. If you can vote first on the use variance and then you can vote on the dimensional variances.

Okay. So, you want to start? You already No, you you can vote now. You already read the I don't want You're going to get to Okay. So, we're going to do the use variance one first. We need a second first. Oh, a second. So you guys voting on more than could usually can have one vote that combines everything.

Yes, but this is a use variance. It's different than the dimensional variances and the use variance requires five members to vote yes in order to pass. Dimensional variances requires four members to uh vote yes to pass the motion. That's why we need it separate. The use variance than the dimensional variances. So would it make sense that we'll do the use variance and then we'll just reread and we do the two dimensional variances together? Yes. Okay, let's do that. He already read the use variance. So we can vote on the use variance now. Member Anderson. No, no. Steinberg.

No. Brown. No. No. No. No.

Okay. Is any any addition? Well, no. Now, now we have to do the two-dimensional. We could just do those together. Yes. Okay. Anyone want to make the motion? We got to have a motion. Make a motion to to approve the second two variances of dimensional uh regarding the setback and the lot coverage that I mentioned before. Second. It's been moved and second that the that those variances to approve those variances and can we have a roll call on the subject? Member Steinberg approve. Yes.

Member S. No. Member Anderson. No. Houston. No. Brown. No. Yes. Yes.

Okay. So what's the So so what what's the um motion to motion denied but I want to read what the motions were for notes. Yeah. So motion denied. Yeah. So what was the results of that? The motion. Yeah. What what what was the outcome of it? Motions were denied. All right. I'm not sure. So this

So this is all three of those ended up getting genocide. That's should have just said yes. You should. Okay. So motion. Can uh can we can we have a motion to uh during the meeting? There is the election of officers. Can we do that like every meeting? [laughter] Yes. That at the first meeting of the year we have to elect the officers. Uh right now we have a chairperson Houston uh vice chairperson Brown and Secretary Clyde. I'm going to keep them all the same.

I Uh who who seconded? Uh li you can now adjourn the meeting. Yeah, we do. Roll call for the vote. Yes. Yes. Yes. Yes. Even if you say no. No.

Yes. Motion cared. [laughter] Sorry guys. Sorry. Congratulations. Okay. Yeah. What's the time? Is there term? Is there a term for chair? 7:30. I think you're stuck. Dictator for life. I think I don't think you're getting out.