Board of Zoning Appeals Minutes

CITY OF NORTHVILLE
Board of Zoning Appeals
Regular Meeting – July 2, 2003 - Approved
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
John Rae
Luke Durst
Carol Maise
Chris Gazlay
Charles Ayers

Absent:
James Bress - excu
Bill Lokey -excu

James Haveraneck– excu

Also Present: Richard Starling, Building Official

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

MINUTES:

Motion by Cronin, supported by Lawrie to approve the February 5, 2003 meeting minutes. Voice Vote: Ayes: All. Nays: None. Motion Unanimously Carried.

Mr.Roeck stated that in December of 2002 a Dynasty Spa/Hot Tub was delivered and installed in his rear yard. He was not aware that a building permit was necessary. The total price of the hot tub was $6,900. Later on in December, Van Buren Electric obtained an electrical permit at the City of Northville and the hot tub was wired to code. The cost for the wiring and upgrade was $1,700. He stated that the rear yard is small to begin with, 45% of it covered by a detached two car garage. The remaining small back yard is 30’ x 25’ and recently landscaped with a bricked-in patio area. This area consists of two plateau surfaces which follow the slope of the land. There is also a large tree (3.5ft circumference) whose branches overhang the entire rear yard. Because of the two bricked patios, the lay of the land, and the large tree he explained why the hot tub was installed in this particular location. Diagrams were submitted for the packet.

Mr. Roeck requested approval for the installation of the hot tub, at the 3’ distance from the rear and side yard lot lines. He regards it as an ideally suited location, considering the unique lot layout and extreme small sized back yard at 355 Orchard.

Jim Stuart (761 Thayer) stated that the community must have rules and they should be followed. He is against the variance.

Dean Gomoll (323 Orchard) stated that he is an immediate neighbor, and is in favor of the variance. Asking Mr. Roeck to move the project places an extreme hardship on him.

Commissioner Comments: Although some Commissioners stated they were sympathetic to the applicant and the expense involved in the hot tub and its location, another placement location was feasible. Ignorance of the Zoning Ordinance is not a hardship.

Motion by Cronin, supported by Gazlay to grant the variance. Roll Call Vote: Ayes: Maise, Rae, And Lawrie. Nays: Stapleton, Cronin. Ayers, Gazlay, Durst. Motion Failed.

Mr. Worley explained the dynamics of the 53’ rear yard. The abutting driveway and existing patio (north side) does not allow for the placement of the AC unit at the rear yard on the north. He is requesting the 53’AC to be placed next to the house, on the south side, but at the west corner behind the chimney and behind the rear yard picket fence. It will not be visible from the street.

COMMISSIONER COMMENTS AND CONCERNS: The major concern was the noise level and the dissipation of the sound. Since the sound radiates away from a hard surface, the commissioners expressed concerns regarding the noise level to the adjacent garage (to the south) complete with living space. Alternative locations behind the rear building line were discussed.

Motion by Cronin, supported by Durst to grant the variance. Roll Call Vote: Ayes: Maise, Lawrie, Nays: Cronin, Ayers, Gazlay, Durst, Rae, Stapleton. Motion Failed.

Robert Cloud, the applicant, explained his request to demolish an existing garage and add a partial wrap around porch. In order to accomplish the wrap around porch he is asking for a 4.5 ft variance. A Mortgage survey showing the existing home was presented as well as the same survey with the proposed addition and wrap around porch sketched in. He also included a list of homes on Rayson and their front yard set back numbers. Referring to his list, two homes create an anomaly to the average. The average of these two projects is 40’, and if they are taken out of the equation, than the average are 20’. For this reason, he stated his case for the variance.

COMMISSIONER COMMENTS AND CONCERNS: The Commissioners questioned the set back numbers which were submitted and questioned if they had been verified by the City Staff. Some stated they were not prepared to vote until the numbers are verified by an independent source. Another stated that the revision to the Zoning Ordinance was designed to prevent the encroachment into the front yard.

Chief Building Richard Starling stated that the numbers have not been verified.

Motion by Cronin, supported by Maise to reefer the application back to the applicant. Voice Vote: Ayes: All. Nays: None. Motion Unanimously Carried.

A memo from Don Wortman, Planning Consultant for Carlisle/Wortman, memo dated 6-24-2003 stated the applicant requests approval of two wall signs which would be attached to the existing canopy for the service station located at the corner of Seven Mile and Rogers. The new wall signs must comply with the regulations outlined in the city sign ordinance, Article 2. The service station is considered to be a legal non-conforming use. He recommended that the sign application be referred to BZA for review.

The representative stated that the sign has been changed to meet the corporate image. The owner, Mr. Asher has been in the community for 52 years and has survived many changes. He now needs to replace the Citgo signs.

Commissioner Comments and Concerns: The parcel is zoned residential and the needs of the surrounding residents need to be considered. Perhaps, corporate Citgo needs to bend their rules and regulations to fit into the neighborhood.

Motion by Cronin. supported by Durst to grant the variance for signage at 337 N.Rogers. Roll Call Vote: Ayes: Cronin, Ayers, Lawrie, Durst, Rae, And Stapleton. Nays: Maise, Gazlay. Motion Carried.

Discussion followed regarding the idea of a BZA liaison for the Historic District Commission and BZA. The Planning Commission and the BZA already have a liaison.

Motion by Maise, supported by Rae to adjourn at 8:55PM. Voice vote: Ayes: All: Nays: None. Motion Unanimously Carried.

Respectfully submitted,

P S Howard

Recording Secretary