Board of Zoning Appeals Minutes

CITY OF NORTHVILLE
Board of Zoning Appeals
September 1, 2004 – Approved
Northville City Hall – Council Chambers

1. CALL TO ORDER:

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

2. ROLL CALL:

Commissioners:
Present:
Rolland Stapleton
Luke Durst
Chris Gazlay
Bill Lokey
James Bress
James Haveraneck
Carol Maise
Larry Jensen
Charles Ayers

Absent:
Connie Cronin – excu.
John Rae – excu.

Also Present: Richard Starling

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

4. MINUTES:

Motion by Lokey, supported by Durst to approve the minutes of the regular meeting of August 4, 2004. Voice Vote: Ayes: All. Nays: None. Motion Unanimously Carried.

CASE 04 - 10
Miklos
991 McDonald
Northville, Michigan 48167

The applicant requests a variance from Section 14-84, condenser location. Requesting side yard location. Grounds for Appeal: Undue Hardship.

Bryce Palo, representing Palo Homes, Inc. , stated that he is requesting that the two air conditioners which have already been installed in the side yard, be allowed to remain. Due to the location of the finished deck, the design of the home and the finished basement, he asked that the air conditioners remain. Pictures of other homes in the sub division with AC units, installed in the side yard, were submitted, as well as, a letter in support of the installed unit at 991 McDonald, from the neighbors to the immediate north, was submitted. The letter stated that the units are not seen from the street.

Mr. Palo stated that he is the builder, and not the architect nor the heating and cooling company which installed the units with out approval. The installer, Four Seasons Cooling and Heating, Inc., assumed that the side yard placement was acceptable due to the placement of the deck, furnace and window locations.

COMMISSIONER COMMENTS: Alternate options for the AC placement were discussed.

Moving the units to the rear of the property would place them 90’ away from the furnace.

The house was not designed for a second floor furnace, and if it had been, there would be no place to move it to.

The units could be installed 55’ away from the home in the rear yard, but would not be under warranty. The AC units could be upgraded to accommodate this distance; however it would be very costly.

Motion by Lokey, supported by Bress to grant the variance. Roll Call Vote: Ayes: Maise, Bress, Lokey, Jensen and Haveraneck. Nays: Ayers, Durst, Gazlay and Stapleton. Motion Carried.

CASE #04 - 11
Philip & Darlene Zimmer
866 Grace Street
Northville, Mi. 48167

Applicant requests a variance from Article 15, sub section 16 – Average front yard setback. 90% is required. Grounds for appeal: Undue Hardship.

The Zimmers explained the appeal. They described plans to build a new attached garage in the front of their home. The existing side yards are not adequate to accommodate a detached nor attached garage. The grade of the rear yard makes the garage construction impractical. The proposed variance for the garage will remain consistent with the surrounding neighborhood and provide a satisfactory remedy to the storm water problem in the Grace Street right of way. They spoke extensively regarding the flooding and on going drainage problems that occurs because of the run off from the surrounding neighborhood and right of ways of Grace and Hill Street. A letter from the Public Works Director confirming the longstanding drainage problem in front of 866 Grace Street was referenced. In at least one occasion water has entered and caused damage inside the house.

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

CASE #04 – 12
David Danes
980 Scott Court
Northville, Mi 48167

Applicant requests a variance from section 18.11-10 – Decks. A 25’ rear yard setback is required. Applicant is requesting a 17’ setback. Grounds for Appeal – Undue Hardship.

Mr. Danes, the applicant, stated that he wishes to add another 8’ x 14’ deck to an existing 8’ x 20’ deck. By doing so, the deck will be 17’ from the rear property line. The deck’s railing system makes the deck a 7’ wide deck, leaving little room for sufficient placement of table and chairs. Mr. Danes submitted letters of support from the immediate neighbors, the Allens and the Sligers. He also stated the land to the west, or at the rear of the property, is a horse farm.

Commissioner Comments: The Zoning Ordinance is written to allow a concrete slab or a free standing deck that would not need a variance. Or, the entire back yard could be bricked to the rear property line.

Motion by Durst, supported by Bress to grant the variance. Roll Call Vote: Ayes: Bress, Durst, Gazlay, and Haveraneck. Nays: Ayers, Jensen, Lokey, Maise and Stapleton. Motion Failed.

CASE #04 – 13
Timothy & Marla Hubbert
649 Horton
Northville, Mi 48167

Applicant requests a variance from Section 3.04, R1B, and minimum side yard setback. Grounds for Appeal: Undue Hardship.

The Hubberts stated that they are requesting the variance to build a two car attached garage (21’ x 16’) to equal a minimum of a 7’ setback. The existing free standing garage, which is structurally unsound, has a side yard setback of 5.1 feet. The new garage will be 1.8’ closer to the property line than the old one. The house will be upgraded to the existing standards of the neighborhood. The neighbors to the immediate north are in support of the project and the variance.

Motion by Maise, supported by Ayers to grant the variance. Roll Call Vote: Ayes: Ayers, Bress, Durst, Gazlay, Haveraneck, Jensen, Lokey, Maise and Stapleton. Motion Unanimously Carried.

CASE #04 – 14
Edward & Carrie Lee
19956 Caldwell
Northville, Mi. 48167

Applicant requests a variance to section 3.04 of the Northville Zoning Ordinance. R1A Zoning District requires a minimum lot width of 100 ft. Grounds for Appeal: Undue Hardship.

The Lees requested a lot split for the parcel located at 19956 Caldwell. Should the zoning require 100’ lot frontage, they requested a variance of 3.42’ for each of the front lot lines, creating two equal lots which would face Caldwell. They stated that at this time they plan to keep the north lot and build on the south lot. A letter dated 7-27-04 explaining the details of the lot split and the history of the parcel was submitted for the official record.

A letter in opposition to creating two, irregular parcels was submitted by the Cassidys who reside at 20020 Caldwell.

Commissioner Comments: Part of the history of the lot which had not been explored by the Lees included a "wedge" or 7.75’ feet of the South lot line on Parcel B, which at some time had been given to Lot 56. The acquisition of this small piece of land could be explored.

Chairman Stapleton suggested that the applicants may want to table or withdraw this appeal in order to explore some alternatives. The Lees declined.

Motion by, supported by to grant the variance. Roll Call Vote: Ayes: Durst, Haveraneck and Lokey. Nays: Ayers, Bress, Gazlay, Jensen, Maise, and Stapleton. Motion Failed.

Motion by Lokey supported by Maise to adjourn at 9:00 PM. Voice vote: Ayes: All: Nays: None. Motion Unanimously Carried.

Respectfully submitted,

P S Howard

Recording Secretary