Board of Zoning Appeals Minutes

CITY OF NORTHVILLE
Board of Zoning Appeals
August 4, 2004 – Approved
City Council Chambers

1. CALL TO ORDER:

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

2. ROLL CALL:

Commissioners:

Present:
Rolland Stapleton
Luke Durst
Chris Gazlay
Bill Lokey
Larry Jensen
Charles Ayers
John Rae

Absent:
James Haveraneck - excu
Jim Bress - excu.
Connie Cronin – excu.
Carol Maise – excu.

Also Present:
Richard Starling

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

4. MINUTES:

Motion by Rae, supported by Durst to approve the minutes of the regular meeting of July 7, 2004. Voice Vote: Ayes: All. Nays: None. Motion Unanimously Carried.

CASE 04 –08
Sean D. Hughes
703 Thayer
Northville, Michigan 48167

The applicant requests a variance to Section 14-296.1 & section 14-296.2 to erect a 4’ high fence of the front building line as shown on plans, and to erect a 27’ landscaping fence perpendicular to the front building line.

Grounds for appeal: UNDUE HARDSHIP

The applicant, Sean Hughes stated that his hardship is based on being a corner lot, as well as the unique physical characteristics created by having two front yards. The setbacks required by the city, place the house on the lot in such a manner that there is virtually no back yard. The setbacks make the side yard on the east side of the house, the most logical area for a garden, patio, pond and landscaped setting. He asked that the "natural living fence" which in this case is a row of arborvitaes and already installed, remain. The hedge will enclose the patio-garden-pond area and will be a height of forty inches. A 4’ decorative metal fence – longer than the allowable 20’ will also enclose the area. A black metal gate is planned for the south west corner of the enclosed patio area.

Anthony Albanese – 703 Thayer – spoke in favor of the new landscaping. Letter was submitted.

Joelle Sarkozy – 672 Thayer – spoke regarding the approval of the landscaping plans. Letter was submitted.

Maureen Ryan – 703 Thayer – spoke in favor of granting the variance requested by the applicant for the landscaping fence and the 4’ high fence on the west side of the property. Letter was submitted.

Brian Turnbull - 361 Eaton – spoke in support of the variance. Letter was submitted.

Kathy Obrien – 375 Eaton - spoke in favor of the variance and agreed with everyone else who had spoken in favor of the variance. She also asked for the reasoning behind the ordinance.

Chairman Stapleton responded that the BZA grants exceptions to the law and it is the applicant’s burden to convince the board for the need of a variance.

A petition in support of the variance signed by 26 residents was submitted.

Letters of support were submitted by the following:

Bruce Turnbull – 365 Eaton Drive

Donna Tinberg – 736 Thayer

Gregory Stempien – 677 Thayer

Motion by Rae, supported by Lokey to grant the variance. Roll Call Vote: Ayes: Lokey, Ayers, Jensen, Durst, Rae, Gazlay, and Stapleton Nays: None. Motion Unanimously Carried.

CASE #04-09
Denise Robaczewski
Margie Avery
504 N. Center Street
Northville, Mi., 48167

Applicant requests a variance from Sec. 14-296, Residential Fences, to erect a 4’ high privacy fence ahead of the front building line as shown on the plans.

Grounds for Appeal: Undue Hardship

Denise Robaczewski, the applicant, stated that her home is located at the corner of N. Center St. and Lake St. The house is surrounded by commercial property. It is directly across the street from Hiller’s Market, Emily’s Restaurant and Jerome and Austin Law Firm. Employees of the various businesses are instructed to park on Lake Street. This corner also experiences an exceptional amount of pedestrian traffic from Cabbage town and the alley, as well as, vehicular traffic from Center St. Since Hiller’s Market has remodeled, the corner of their property catches headlights from the newly configured angular parking. There is no privacy on this particular corner. The plans were described for a 4’ high wood picket fence. They asked that a variance be granted because of excessive vehicular and pedestrian traffic, as well as, glaring head lights from Hiller’s parking lot.

A plot plan illustrating how the house relates to the property, a sketch of the placement of the proposed fence, as well as, color pictures of the fence were submitted. The proposed fence will mirror the fence line of the property behind and to the east of them. A picture of that fence and property was submitted and a third picture illustrating parking on a typical day was submitted.

Audience Comments: Larry Parks – 632 N. Center St spoke in support of the variance. He repeated the applicant’s legitimate concerns regarding traffic, parking issues, vehicular parking lot lights and a need for privacy. In the several years the applicants have owned this home they have improved the property.

Commissioner Comments and Concerns: Although the Zoning Ordinance allows wood fences, concerns were expressed with the use of wood, the look, and its durability. A discussion evolved regarding whether the placement of conditions or stipulations on the motion was appropriate.

Commissioner Lokey asked if the applicants were willing to plant 30" shrubs (Holly bushes) on 30" centers. The applicants responded that they were agreeable, and it was their intention to landscape the fence by planting shrubs along the fence line; five feet off the sidewalk.

Motion by Rae, supported by Lokey to grant the variance for the fence with the condition that the applicant plant, at the minimum, 30" shrubs and with the maximum of 30" centers, and with the stipulation that if the shrubs die with in one year of planting, they will be replaced. Roll Call Vote: Ayes: Lokey and Rae. Nays: Jensen, Gazlay, Durst, Ayers and Stapleton. Motion Denied.

The inconsistencies of the approval and denial of the two presented cases were discussed.

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

Respectfully submitted,

P S Howard
Recording Secretary