Board of Zoning Appeals Minutes

CITY OF NORTHVILLE
Board of Zoning Appeals
February 2, 2005 – 7:30 PM Approved
Northville Council Chambers
215 W. Main Street

1. CALL TO ORDER:

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

2. ROLL CALL:

Commissioners:

Present:
Rolland Stapleton - Chairman
James Bress - Secretary
Chris Gazlay
Bill Lokey
James Haveraneck
Carol Maise

Absent:
Charles Ayers - excused
Larry Jensen - excused
Luke Durst - excused
John Rae – excused

Also Present:
Gary Word – City Manager
Richard Starling – Chief Building Official

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

4. MINUTES: January 5, 2005

Page 3 – identify Jim Valenta – as representing Midwest Counsulting Inc.

Page 4 - change items under "Other Concerns" from items 1-9 to items 8-16. Mr. Koslowski expressed all of the eighteen concerns.

Page 5 – change Commissioner Maise stated that the Zoning Ordinance does not provide for maximum dimension of encroachment or the required two feet of overhang. Further, the ordinance does not require for hard surface in the encroachment area.

Commissioner Gazlay expressed concerns with the wording of the second motion on January 5, 2005. That motion read:

Motion by Ayers, supported by Havaranek that after hearing the evidence offered by the applicant and other interested parties and, after reviewing the record of the Northville Planning Commission in the granting of site plan approval for the new OLV School, the Northville BZA has determined that there is adequate and reasonable support on the record for the Northville Planning Commission decision regarding traffic, parking, general use and level of professional consultation including the Planning Consultant and administrative support and the that the plan does not violate the Master Plan. Roll Call Vote: Ayes: Ayers, Bress, Durst, Haveraneck, Lokey and Stapleton. Nays: Gazlay, Jensen, and Maise. Motion Carried

Commissioner Gazlay asked the Recording Secretary if the motion had been reconstructed or if she had been asked to reconstruct the motion. She responded that no one had asked her to reconstruct it, but that it had been proofed by co workers for grammatical and spelling errors.

He also asked City Manager, Gary Word, if the motion had been reviewed by City Staff or the City’s Attorney. Mr. Word responded that he had not reviewed the minutes, but Jeff Clark the City’s MMRMA Insurance Attorney, had.

Both Commissioners Gazlay and Maise agreed that the motion did not accurately reflect the verbal, motion of the evening on 1-2-2005.

Chairman Stapleton replied that although Commissioner Ayers, the maker of the motion was not present, the second motion, the Findings of Fact motion on 1-2-2005 was accurately reflected.

Commissioner Maise asked that the official record reflect her displeasure with the 1-2-2005 minutes because detailed information was omitted.

Motion by Bress, supported by Gazlay to approve the amended minutes of the regular meeting of January 5, 2005. Roll Call Vote: Ayes: Bress, Lokey, Haveraneck, and Stapleton. Nays: Gazlay and Maise. Motion Carried.

John Colizzi,- 841 W. Main - stated he is one of six Orchard Heights homeowners who have filed an appeal to the Circuit Court regarding the 5-5-2004 BZA reversal of the Planning Commission’s decision to deny the Special Land Use permit for the OLV’s new school.

He thanked City Manager, Gary Word for encouraging public comments. He also thanked Commissioners Gazlay, Jensen and Maise for their support in the OLV process.

He continues to struggle with the OLV appeal process by expressing the following concerns:

The BZA overturned the Planning Commission’s denial of OLV Special Land Use, and stated that the PC erred by using by using unsubstantiated data and by considering the site plan.

Subsequently, the City conceded that the Planning Commission should have considered the site plan in reviewing the Special Land Use application.

The BZA overturned a decision because the data considered was unsubstantiated.

Now, the BZA is using the same data to determine that there was adequate information to support the PC decision.

Colizzi stated that the Orchard Heights Homeowner Association has been wronged by these decisions. It is now up to the court system to decide.

Motion by Maise, supported by Gazlay to adjourn the meeting at 8:10 PM. Voice Vote: Ayes: All: Nays: None. Motion Unanimously Carried.

Respectfully submitted,

P.S. Howard

Recording Secretary