Board of Zoning Appeals Minutes

CITY OF NORTHVILLE
Board of Zoning Appeals - Approved
Regular Meeting – October 2, 2002
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 Eugene Lawrie
Connie Cronin
Carol Maise
James Bress
Bill Lokey
James Haveraneck
Charles Ayers
Chris Gazlay

Absent: Lawrie - excused

Also Present: Richard Starling, Building Official

Motion by Cronin, supported by Lokey to approve the minutes of the regular meeting of September 4, 2002. Voice Vote: Ayes: All. Nays: None. Motion Unanimously Carried.

Motion by Cronin, supported by Bress to approve the minutes of the regular meeting of February 6, 2002. Voice Vote: Ayes: All. Nays: None. Motion Unanimously Carried.

Glenn & Michele Burke Applicant requests a variance from

Vacant Lot 17a-2 Thayer from Sec. 15.02, sub section 16 – Request-

Northville, Michigan 48167 ing a 9’7" variance from required 34’7"

(90%) set back from Eaton Drive.

The applicant requests a variance to the Northville Zoning Ordinance - Article 25, Section 25.04b. The appellant alleges that strict application of the provisions of the Zoning Ordinance will result in exceptionally UNDUE HARDSHIP upon the owner, because of the unique physical characteristics or other exceptional conditions or the property.

The applicants, the Burkes, justified the appeal on the grounds that the property contains a tree line of 15-20 feet in depth along the entire southern boundary. The detached garage would be located within 5’ of the eastern and southern tree line. This placement would significantly alter the existing tree line. The driveway would eliminate more trees, and potentially kill the remainder of the trees due to compaction and grading. The Burkes also stated that the proposed new Victorian home would enhance the neighborhood.

The applicants continued, that because this is a corner lot, both Thayer and Eaton are considered front yards. They requested a 25’ front yard setback only along Eaton and a variance of 9.7 feet from the required front yard set back of 34.7 feet. The required average front yard setback would be maintained on Thayer. Granting the variance enables the applicants to design a home with a depth of 38.’ The depth of 38’ reduces the home’s length, enabling an attached garage in lieu of a detached garage, thus allowing them to keep the existing trees on the south side of the lot. Two attachments were submitted in support of the variance: #B - Surrounding Property Setback Averaging Calculations and #C – Current Map of Vacant Lot and Surrounding Property Setbacks.

Builder, Ed Funke, stated in support of the Burkes, that he builds quality unique homes. This home will not be a "Big Foot" concept or one of "shot gun" as found in the new Canton, Michigan Victorian development.

COMMISSIONER COMMENTS AND CONCERNS: The applicants have not shown that this is an exceptional undue hardship. The case seems more of preference rather than practicality. If the home were moved back 3’ on the lot and change the proposed bay window (with foundation underneath) to that of a cantilevered window, the home could be built without a variance. A practical difficulty has not been shown. Because it is a corner lot this does not in dear itself as a hardship.

Motion by Cronin, supported by Maise to grant the variance. Voice Vote: Ayes: Bress, Lokey. Nays: Maise, Cronin, Ayers, Gazlay, Haveraneck, Stapleton. Motion Failed.

Chief Building Official, Richard Starling, presented a memo from Carlisle Wortman dated 9-17-2002, titled Overbuilding/Private Road/Lot Split Work Session. It listed the Strategies Implemented and those items discussed which affect the "Overbuilding" issue. He asked for discussion and direction from the BZA Commissioners.

Discussion followed: The Northville Board of Zoning Appeals recommends modification of the wording regarding "non conforming structures." The following is the wording agreed upon by the commissioners.

Motion by Ayers, supported by Cronin: Any non-conforming property, structure, or use of a property that has been granted a variance, is required to obtain a further variance for any modification, use, elevation, or footprint. Voice Vote: Ayes. All. Nays: None. Motion Unanimously Carried.

Motion by Lokey, supported by Gazlay to adjourn at 8:45 PM. Voice Vote: Ayes: All: Nays: None. Motion Unanimously Carried.

Respectfully submitted,

P. S. Howard

Recording Secretary