Board of Zoning Appeals Minutes

CITY OF NORTHVILLE
Board of Zoning Appeals
Regular Meeting – December 3, 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
James Haveraneck
Carol Maise
Chris Gazlay
Charles Ayers
Bill Lokey
James Bress
Connie Cronin
Larry Jensen

Absent:
Luke Durst - Alternate
John Rae - Alternate

Also Present:
Richard Starling, Building Official

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

MINUTES:

Motion by Cronin, supported by Bress to approve the minutes of the regular meeting of November 5, 2003 with a minor correction. Voice Vote: Ayes: All. Nays: None. Motion Unanimously Carried.

CASE 03 –09
John Callahan
865 Grace
Northville, Michigan 48167

The applicant requests a variance to Article 15, sub section 16-front yard set-back of 9’ from the required 35.6 (90%) average. Grounds for Appeal: UNDUE HARDSHIP.

Robert McNulty, the contractor (Accent Remodeling) and representing the applicant stated that the applicants are out of town due to a prepaid vacation. The applicant requests a variance for a two car garage addition, 9’ closer to his front lot line than is allowed by Article 15 #16. The garage addition will have living space above it, and the exiting garage will then be converted to useable living space. In the applicant’s absence McNulty asked for the variance for the following reasons:

The ranch style home was built in to a hill. with a high elevation to the South, and low elevation to the North.

The existing walk out garage accommodates only one vehicle.

Having no basement, the existing garage will serve that purpose.

The lot does offer any other alternatives for the addition of a two car garage.

From an economic standpoint, the home has limited resale value due to the lack of a two car garage.

Mr. Callahan, the applicant, has a serious permanent medical condition and currently has to park in the driveway.

With the proposed addition, located in the existing driveway, no trees will be removed.

Other homes on the street are non-conforming.

Stefan Chimielewski (875 Grace and neighbor to the north) is against the variance for the following reasons:

The area south of the house has adequate space for a garage.

Mr. Callahan does not drive a " handicapped" van.

He stated that he has seen the van parked in the existing garage.

He thought his mortgage survey of his lot was accurate. If this is the case, than the applicant have even fewer feet to the north in which to build.

Jean Moran (875 Grace) stated that she is against the variance because the applicant has had previous work done and that contractor trespassed on their property and left debris. (Pictures were submitted to document the debris.)

Mr. McNulty stated that he does not know much about the applicant’s disability other than he has had several back surgeries.

COMMISSIONER COMMENTS AND CONCERNS: The Zoning Ordinance is very specific in not allowing an already existing non conformity to increase. The American Disabilities Act is very specific as it relates to a hard ship and physical disabilities. The Court has ruled in favor of the physical disability in these cases. Other alternatives were discussed, particularly building the garage at the south of the home. This area would not require a variance.

Motion by Cronin supported by Bress to approve the variance as requested. Roll Call Vote: Ayes: None. Nays: Maise, Bress, Cronin, Ayers, Gazlay, Lokey, Haveraneck, Jensen, and Stapleton Motion Unanimously Denied.

CASE #03-11
Holly & James Craycraft                    Applicant requests a variance from
360 Eaton Sec. 14-84                        (Condenser Location).
Northville, Mi., 48167

The applicant requests a variance from Section 14-84 (Location of Condensers) in order to place an Air Conditioner in his side yard. Grounds for Appeal: UNDUE HARDSHIP.

Mr. Craycraft stated the AC unit is a 3.5 –ton Bryant that has a decibel rating of 77. For the following reasons he requests the variance:

A back yard location creates a hardship to the neighbors to the south and north sides because of decks and patios.

Entrance to the west- back door would be affected by locating the condenser in the rear yard.

Placing the unit in the rear yard provides a hardship to plans to develop a patio in that location.

Side yard location is more desirable reduces the noise to both neighbors and the homeowner.

Neighbor to the south has requested a side yard location because the noise would have less impact on their patio doors and entertaining.

Side yard location is exposed to a driveway and would be partially hidden by the existing fireplace chimney and landscaping provided by the homeowner.

Neighbors at 361 and 362 Eaton have submitted letters in support.

Many homes on Eaton already have side yard locations for the condensers.

COMISSIONER COMMENTS AND DISCUSSION: Twelve foot evergreen screening was suggested to hide it from the street and help reduce the noise level.

Motion by Lokey, supported by Maise to grant the variance as requested with the addition of a 12’ screen of evergreens. Voice Vote: Ayers, Bress, Cronin, Gazlay, Haveraneck, Jensen, Lokey, and Maise. Nays: Stapleton. Motion Carried.,

Chairman Stapleton introduced and welcomed Larry Jensen, the newest BZA member.

Motion by Ayers, supported by Gazlay to adjourn at 8:25 PM. Voice vote: Ayes: All: Nays: None. Motion Unanimously Carried.

Respectfully submitted,

P S Howard
Recording Secretary