Board of Zoning Appeals Minutes

CITY OF NORTHVILLE
Board of Zoning Appeals
April 7. 2004 – Approved
Northville City Hall – Meeting Room "A"

1. CALL TO ORDER:

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

2. ROLL CALL:

Commissioners:

Present:
Rolland Stapleton
Connie Cronin
Chris Gazlay
Bill Lokey
James Bress
James Haveraneck
Carol Maise
Larry Jensen

Absent:
Charles Ayers - excu.
Luke Durst – excu.
John Rae – excu.

Also Present:
Richard Starling

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

4. MINUTES:

Motion by Cronin, supported by Maise to approve the minutes of the regular meeting of March 3, 2004. Voice Vote: Ayes: All. Nays: None. Motion Unanimously Carried.

The applicant requests a variance from Section 3.04 rear yard setback. Grounds for Appeal: UNDUE HARDSHIP.

The applicant stated that the hardship is the way the lot is formed which does not allow for any addition to the home. Years a go the continuation of Wing Street from Fairbrook Street to 7 Mile created lot 225 (an adjacent L shaped parcel which is not build able). The hardship is that our lot creates an almost impossible situation for any improvement to the dwelling. The applicant requested a variance to the normal set back requirement of 25’ to the back of the lot. An addition is planned 3 feet from the back of lot 225 for 8 feet of the addition. The addition includes a second upper bedroom, with an adjacent second full bath as well as a dining room.

Mark Qualick, the contractor and representative for Planned Home Improvement at 35923 Ford Road, Westland, Michigan, stated that this addition is the best solution for this small family home.

Bill Phelan (201 Fairbrook) stated that he has no objection to the variance. Years ago this house was moved 100 yards north from where it sits now, to accommodate for Northville Downs Parking. This move created the unusual cuts in the lot line

COMMISSIONER COMMENTS AND CONCERNS: Discussion followed regarding the rear elevation and the addition. Some thought it would be esthetically more pleasing if the bathroom had more than just the one window. Others thought that the Commission was over stepping its bounds to require, as a condition, that the applicant change the elevation.

Motion by Maise, supported by Lokey to grant the variance for the rear elevation with the condition that at least two windows in the new bathroom, at the rear elevation, be systematically balanced. Roll Call Vote: Ayes: Maise, Bress, Lokey, Cronin, Jensen and Haveraneck. Nays: Gazlay and Stapleton. Motion Carried.

Grounds for appeal:

UNDUE HARDSHIP (Article 25, Section 25.04b)

Article 25, Section 25.04C.1 – Appellant alleges that an exception or interpretation of the Zoning Map is necessary to preserve and promote the character of the zone district.

Sarah Clune & Michael Long (570 High Street) submitted two letters opposing the variance.

Massimo Fracchia (600 High Street) submitted a letter opposing the variance.

Dennis Hugh (520 High Street) spoke in favor of the variance.

Mary Ellen Hollis (114 Walnut) questioned the status of the "shared" driveway.

Leon Bonner (547 Fairbrook) stated he is attending out of "curiosity." He referenced a lengthy law suit he had with the City of Northville regarding other "matters" in the vicinity to this property.

Jim Dehaan (652 East) spoke regarding the Bonner property which is an eyesore and distracts from the community.

Sarah Clune (570 High Street) stated she was against the project for the following reasons:

1. The lot is too small, not suitable to build on and will not enhance the neighborhood.
2. The home will be too tall.
3. The land will be stripped of historical, land marked trees.

The applicant, Mr. Maciejewski, stated that he is requesting a variance to the 7,200 sq/ft. minimum lot size. This lot is approximately 6,600 sq. ft. He listed the following reasons:

1. The inherent hardship is due to the fact the 600 additional sq. ft. cannot be obtained from any of the adjacent properties.
2. Doing so would in turn make the adjacent lots non-conforming.
3. Some adjacent lots already do not meet the 7,200 sq. ft. area requirement.
4. The footprint of the planned home is 1,600 sq. ft. which is 25% of the lot coverage and well below the allowed 30%.
5. The proposed home meets all setback requirements.
6. The home is designed to meet the architectural standards of the community, i.e. Victorian.
7. The home adds to the aesthetics of the neighborhood.
8. The home adds to the city’s tax base.
9. He wishes an amicable resolution with Mr. Bonner relating to the shared driveway issue.

Kevin Kohls, attorney representing the applicant, stated that his client is asking for a 645 sq. ft. variance to build a home on this non-conforming lot. There will be no other variances requested and the home will not be a deterrent to the neighborhood.

Commissioner Comments and Concerns: Some were concerned with the details of the case in 2001 when that applicant was denied the variance to build on this lot.

The Chief Building official replied that nothing has changed since that time.

Chairman Stapleton offered that the Board’s decision is not governed by precedence nor a prior decision.

Some were concerned with the status of the driveway (to the south) needed for access

Mr. Kohls, the attorney stated that he and his client have tried to purchase property to the south from Leon Bonner for the driveway but that is still to be negotiated. He continued that he realizes the driveway needs to be negotiated.

Motion by Bress to table Case #04-05, allowing the applicant time to resolve the driveway issue.

Motion failed due to lack of support.

Mr. Kohls, the attorney stated that he and his client have tried to purchase property to the south (from Mr. Bonner) for the driveway, but they have not reached an agreement He understands this issue needs to be resolved but suggested the Commissioners need to move thru this issue for now.

Motion by Bress, supported by Haveraneck to grant the variance for Lot 596 East Street as submitted. Roll Call Vote: Ayes: Cronin, Gazlay, Jensen, Lokey, and Maise. Nays: Bress, Haveraneck, and Stapleton. Motion Carried.

Chairman Stapleton reported that on March 2, 2004 the Planning Commission rejected Our Lady of Victory’s request for the Special Land Use Permit to build a new elementary school. OLV’s appeal is to the BZA. The Board of Zoning Appeal will call a hearing for a Special Use Permit for OLV, at Hillside Middle School on Wednesday, May 5, 2004 at 7:30 P.M.

Motion by Gazlay supported by Cronin to adjourn at 8:45 PM. Voice vote: Ayes: All: Nays: None. Motion Unanimously Carried.

Respectfully submitted,

P S Howard
Recording Secretary