Board of Zoning Appeals Minutes

CITY OF NORTHVILLE
Board of Zoning Appeals
Regular Meeting – May 2, 2001
Northville City Hall – Council Chambers

CALL TO ORDER

Commissioner Stapleton called the meeting to order at 7:30 P.M.

ROLL CALL

Commissioners:

Present:
Rolland Stapleton - Chairman
Carol Maise, V-Chair
James Haveraneck
James Bress
Luke Durst
Bill Lokey
Eugene Lawrie

Absent:
Christopher Gazlay-excu
Bruce Pegrum-excu
Charles Ayers excu
Connie Cronin - excu

Also Present:
Richard Starling, Building Official

Motion by Maise, supported by Haveraneck to approve the agenda. Voice Vote: Ayes: All. Nays: None.

MINUTES

MOTION by Durst, supported by Lokey to approve the minutes of the regular meeting of April 4, 2001. Voice vote: Ayes: All: Nays: None. Motion carried.

The applicant requested a variance per Section 14-296 (2) to be allowed to install a simple, tasteful and safe fence in the front yard setback of their home on the Northwest corner of Rayson and Grace Streets. Mr. and Mrs.Derwenskus stated, that for the safety of their three small children they wanted to enclose the side yard with a white picket fence. Several reasons for the need of the fence were stated. 1. There is an excessive amount of vehicular and pedestrian traffic at their corner. Grace Street is often used as a North/South detour when road work occurs on Center St. and is also used as a cut thru to avoid backed up traffic at the light at Eight Mile and Center Street. 2. The Derwenskus’ also cited three examples of fences to the east of their home, which had been "Grand fathered" in. Neighbors are in support of the fence. (Although, for the May appeal, no letters of support were on file.) 3. For the uniformity of the intersection. (Section 14-296-3). Neighbors across the street and on the east corner already have fences. 4. Recently a corner house (four houses down) had a corner fence approved. 5. Directly behind the home is a small apartment with rear parking. That driveway / parking area abuts their back yard. Mrs. Derwenskus read a document, down loaded from the Internet, citing the great number of children being killed in neighborhood traffic accidents.

Grounds for Appeal are UNDUE HARDSHIP.

Chairman Stapleton stated that corner lots with fences are on-going BZA concerns and perhaps the ordinance does need to be amended and presented to City Council.

Motion by Haveraneck, supported by Lokey to grant the variance as presented.

The applicant, Sharon Pettit, stated that although she has sold the home at 511 W. Cady Street, she is responsible for the installation of the air conditioning unit and requests a variance to place it in a side yard location. The applicant requests a variance of Sec. 14-84, location of the condenser. Grounds for appeal are UNDUE HARDSHIP. She stated that while she was away caring for ailing parents, the unit was placed in the side yard by the contractor. (November 2000) She assumed the contractor new the regulations, but however, placed it where it was convenient. Although the location does not bother the neighbors, Mrs. Pettit is willing to screen it with landscaping. The new owner of the house (also present) provided pictures of a new fence to be installed (to contain the dog) which will also screen the unit from the neighbors.

Motion by Haveraneck, supported by Maise, to grant the variance. Roll Call Vote: Ayes: Maise, Bress, Lawrie, Lokey, Durst, Haveraneck. Nays: Stapleton. Motion Carried.

The applicant requests 3 variances. Sec. 21.01, sub section E. 4 b. 10’ setback required-requesting a variance for 9’, c) 6’ maximum height, proposed sign is 9’6", requesting a variance of 3’ 6". d) 20sq. ft. per side, additional 25 square ft. per side to equal 45 sq. ft.

Director of Public Works Director, James Gallogly, asked for an appeal for the replacement of an existing free standing directory sign for "Northville Industrial Park" (businesses located back on Doheny Drive.) The existing sign is located on the northeast corner of S. Main St and Doheny Drive in an area zoned PR-2. Because of its age, the existing sign is in major need of repair. City Staff intends to upgrade and update the design of the existing redwood sign (installed in 1979.) The City has no record of issuing itself a permit for the placement of this sign in 1979 or the previous sign. The existing sign, which is placed on a specified piece of land leased from the CSX Railroad, is not in compliance with the City of Northville Zoning Ordinance. However, this is the location agreed to under the contract with the Railroad in 1979 and is thought to be the most appropriate location of the directory sign of this type at that location. (Drawings were provided.)

Grounds for Appeal: The square footage, height, and set back requirements for a replacement sign be waived. (Article 21, Page 118)

MOTION by Lokey, supported by Haveraneck, to grant the variance as requested, with the amendment that the sign does not have to be placed on the property that it represents.

ROUND TABLE: None

MOTION by Durst,supported by Lawrie to adjourn the meeting at 8:20 PM. Voice vote: Ayes: All: Nays: None. Motion carried.

Respectfully submitted,

Patricia Sue Howard