Board of Zoning Appeals Minutes

CITY OF NORTHVILLE
Board of Zoning Appeals
Regular Meeting – June 6, 2001
Northville City Hall – Council Chambers

CALL TO ORDER

Commissioner Stapleton called the meeting to order at 7:32 P.M.

ROLL CALL

Commissioners:

Present:
Rolland Stapleton - Chairman
Carol Maise – ViceChairman
James Bress
Christopher Gazlay
Eugene Lawrie
Bill Lokey
Charles Ayers
Connie Cronin
Bruce Pegrum

Absent:
Luke Durst – Alternate – excu.
James Haveraneck –Alternate-excu.

Also Present:
Richard Starling, Building Official

MINUTES

MOTION by Lokey, supported by Cronin to approve the minutes of the May 2, 2001 as submitted. Voice vote: Ayes: All: Nays: None. Motion carried.

COMMISSIONER COMMENTS: Hardship is not a valid reason for grounds for appeal in this case. The application does not meet the requirements of the appeal.

MOTION by Maise, supported by Pegrum to table the application until the August 1, 2001 BZA meeting. Roll Call Vote: Ayes: Maise,Cronin, Ayers, Lawrie,Pegrum Bress, Gazlay, Lokey, Stapleton, Nays: None.. Motion unanimously carried.

The applicant was offered the opportunity to re submit his application in order to see if the application would meet the "set back" criteria.

The owner stated that he wishes to build a standard, 22’ two car, detached garage on the north side of his property. He stated he has recently acquired 6’ of land from lot 608 (to the north). A minimum width garage that meets the 5’ side set back requirement, places the garage seven feet from the house. The house dates to the mid 1870’s, predating the current ordinance. The elevation of the land falls off at the rear of the lot (following the terrain of Walnut St) which would make this location un-buildable. To place it on the Walnut Street side, a landmark Maple tree would have to be removed. If the garage were attached to the house on the north side, a 14’’ diameter apple tree would have to be removed. The hardship is that the house sits where it sits, too close to the new north lot line to create a conforming detached garage. The applicant stated that the garage will conform to BOCA and Fire Codes. Grounds for Appeal: UNDUE HARDSHIP. A variance of three feet in the required 10 feet in order to place the detached garage, seven feet from the existing residence is being requested.

MOTION by Cronin, supported by Pegrum to approve the variance for the 3’ less than the 10’ which is required by the ordinance. Roll Call Vote: Ayes: Bress, Cronin, Ayers, Gazlay, Lawrie, Lokey, Pegrum Stapleton. Nays: Maise. Motion Carried.

Paul Kramarr, a licensed builder and friend of the applicant, stated that the applicant is requesting a variance in the 7’ minimum side yard setback to a 4’6" side yard set back. The applicant wishes to enlarge the existing one car attached garage to that of a standard two car attached garage. There is roughly 12’ between this home and the neighbor’s to the west. Grounds for Appeal: exception or interpretation of the Zoning Map is necessary to preserve and promote the character of the zone district (Article 25, Section 25.04c).

Motion by Cronin, supported by Bress to approve the variance for a 4’6" side yard set back on the west side of the home. Roll Call Vote: Ayes: Bress, Cronin, Gazlay. Nays: Maise, Ayers, Lawrie, Lokey, Pegrum Stapleton. Motion Denied.

Jeffrey Snyder stated that he is asking that the already existing 6’ side yard wood replacement fence remain and to raise the front yard fence to 6’ to match the 6’ side yard fence. Since his property is surrounded by commercial property, he asked that the variance be granted so that he can maintain what they have had for the last ten years. He stated that confinement is not the issue, but rather one of privacy and not having to look out at the traffic and the surrounding commercial area. He provided color photos of the existing side yard and rear fence that encloses the yard. The back yard fence boarders and shields the rear of Good Time Party Store and McDonald Ford’s Used Car Sales Lot. The side yard fence shields the view of the Clark Gas Station, VFW, the Home Store Gift Shop and S. Main Street. Grounds for Appeal: Undue Hardship.

COMMISSIONER COMMENTS AND CONCERNS: The idea of providing landscaping and plantings along the front or Gardner St side were discussed.

Motion by Cronin, supported by Pegrum to approve the application as submitted with the condition that the applicant will landscape in front of the fence in the front yard. Roll Call Vote: Ayes: Maise, Cronin, Gazlay, Lawrie, Pegrum, Stapleton. Nayes: Bress, Ayers, Lokey. Motion Carried.

Chairman Stapleton stated that he was pleased to have the ruling from Attorney, Jim Kohl regarding: BZA Quorum for conducting Business (5-8-2001). The letter enclosed in the Commissioner’s packets stated, R "Two thirds of the members of the board is necessary to grant a variance . . . Therefore, if six members of the nine member board are present, there is a quorum. Five of the six members would have to concur in order for valid action to be taken."

Commissioner Ayers suggested there be a "friendly" amendment be added to the Zoning Ordinance.

Motion by Ayers, supported by Cronin to forward to Council a change the wording in the Zoning Ordinance to reflect that. … any change of a non conforming structure should require a variance. (Exact wording will follow).

Commissioner Pegrum stated that he has enjoyed the years he has served on the BZA, but it is now time to hand in his letter of resignation. He will draft a letter to Manager Word stating as such.

MOTION by Gazlay, supported by Lokey to adjourn at 8:55 PM. Voice vote: Ayes: All: Nays: None. Motion carried.

Respectfully submitted,

P. S. Howard