Board of Zoning Appeals Minutes

CITY OF NORTHVILLE
Board of Zoning Appeals
April 6, 2005 – 7:30 PM Approved (as amended 5-4-2005)
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
Charles Ayers
Mark Ernst
Luke Durst

Absent
Larry Jensen - excused
John Rae – excused

3. APPROVAL OF THE AGENDA

Commissioner Ayers suggested that Agenda VII. ROUNDTABLE be eliminated and replaced with VII DISCUSSION. Agenda Item Discussion will include germane comments with in the context of the meeting.

Motion by Ayers, supported by Bress to approve the agenda as amended. Voice Vote: Ayes: Al. Nays: None. Motion Unanimously Carried.

4. MINUTES OF PREVIOUS MEETING: February 2, 2005

Motion by Durst, supported by Bress to approve the minutes of the regular meeting of

February 2, 2005. Voice Vote: Ayes: All. Nays None... Motion Unanimously Carried.

Case is Called.

Appellant presents case.

Board questions & comments.

Public comments on the case.

A motion (usually to grant the variance) is made and seconded; discussed then voted upon; the results are announced by the Chairman.

CASE # 05-01.
George J. Hartman
376 First Street
Northville, Michigan 48167

Applicant requests a variance to Article 15, Sec. 15.01, and front and side yard setbacks. Requesting a variance of three feet for windows and 2.8 feet for chimneys. Applicant also requests a variance of 6.2’ front yard setback and a variance to Article 18, Sec. 18.04c of 171.25 feet for accessory building size. The applicant asked for a total of five variances which are listed below as each was voted on. Grounds for Appeal: Undue Hardship.

Applicant Comments: The applicant stated that the non conforming lot constricts him for building a home worthy of Northville. The existing one story home will be demolished and a two and half story will be constructed. the applicant stated that he would like each of the variances voted on individually.

Resident Comments: Scott Wilson – 384 First - a30 year resident of Northville, expressed his concerns of the currently shared driveway with the applicant. Other concerns included the shadow effect on his property of this ‘Big Foot’ house. He also stated that he couldn’t comprehend the visual of the proposed home which would be built seven feet from the lot line. - The applicant stated that orange stakes would delineate the foot print.

The applicant stated that he would widen the current shared driveway approach of the neighbor’s house to the east.

Commissioner Comments: The hardship has in part been created by the design standards of the home. The applicant needs to conform or receive a variance. And the variance is on the build ability.

Motion by Lokey, supported by Maise to grant a side yard setback variance on the south side of the site to construct the following architectural features;

A cantilevered bay window on the first floor which will project 3’ 0" into the required 7’ side yard.

A cantilevered bay window on the second floor which will project 3’ into the required 7’ side yard.

Two brick chimneys on the first floor which will project 2’8" into the required 7’ side yard.

4. Amend and add at the request of the applicant. The applicant has agreed to provide a driveway approach at Lot 384 with a curb cut of at the minimum of 8 feet.

Motion by Durst, supported by Lokey to grant Variance #2 – Front Yard Setback, Article 15, Section 15.01, Table - Schedule of Regulations: a front yard setback variance is requested on the east side of the site to construct the proposed residence 16’ from the front property line with a cantilevered bay window on the first floor which will project 3’ into the required front yard. Roll Call Vote: Ayes: Lokey. Nays: Ayers, Bress, Durst, Ernst, Gazlay, Haveraneck, Maise and Stapleton. Motion Denied.,

Motion by Maise, supported by Bress to grant Variance #3 -Accessory Building Allowable Size. Article 18, Section 18.04c, Accessory Buildings: A variance is requested to construct an accessory building which exceeds the allowable size of 268.75 square feet with 440 square feet proposed. Roll Call Vote: Bress, Gazlay, Lokey and Maise. Nays: Ayers, Durst, Ernst, Haveraneck and Stapleton. Motion Denied.

Motion by Maise, supported by Bress to grant Variance #4 – Lot Width, First Density Residential District, Article 3, Section 3.04, Area, Height and Placement Requirements: A variance is requested to construct a single family residence on a non-conforming lot. This lot is non-conforming because the lot width is less than the required width specified in conforming because the lot width is less than the required width specified in Section 3.04. The required lot width is 60 feet while the existing lot width is 43 feet. Article 22, Nonconforming Uses, structures and Lots, Section 22.01b, allows single family homes and accessory structures to be constructed on nonconforming lots of record even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district. Roll Call Vote: Yeas: Bress, Gazley, Haveraneck, Lokey and Maise. Nays: Ayers, Durst, Ernst and Stapleton. Motion Carried.

Motion by Durst, supported by Gazlay to grant Variance #5 – Lot Area, First Density Residential District, Article 3, Section 3.04, Area, Height and Placement Requirements: A variance is requested to construct a single family residence on a non conforming lot. This lot is non-conforming because the lot area is less than the required area specified in Section 3.04. The required lot area is 7,200 square feet while the existing lot is only 6,407 square feet. Article 22, Nonconforming Uses, Structures and Lots, Section 22.01b, allows single family homes and accessory structures to be constructed on nonconforming lots of record even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district. Roll Call Vote: Yeas: Bress, Gazlay, Lokey, Maise Nays: Ayers, Durst, Ernst, Haveraneck, and Stapleton. Motion Denied.

Motion by Ernst, supported by Maise to reconsider motion #5. Roll Call Vote: Ayers, Bress, Durst, Ernst, Gazlay, Haveraneck, Lokey, and Maise. Nays: Stapleton. Motion Carried,

Motion by Durst, supported by Gazlay to grant Variance #5 – Lot Area, First Density Residential District, Article 3, Section 3.04, Area, Height and Placement Requirements. Roll Call Vote: Ayers, Bress, Durst, Ernst, Gazlay, Haveraneck, Lokey, and Maise. Nays: Stapleton. Motion Carried.

Chairman Stapleton stated that variance #4 allows the applicant to build

Another motion was offered to provide a variance on the location of the house.

Motion by Lokey, supported by Durst to build on a lot less than 7200 square feet and greater than 6400 square feet.

6. PUBLIC COMMENTS (Limited to two minutes each person, not to exceed twenty minutes total time for all presenters – only on matters not on the agenda)

Commissioner Gazaly, liaison to the Planning Commission, reported that at the April 5, 2005 Planning Commission the lot Split for Mr.; Lee at the corner of Clement and Dubuar was denied by the Planning Commission. The applicant will (may) reappear at the BZA.

Motion by Ayers, supported by Lokey to adjourn the meeting at 9:10 PM. Voice Vote: Ayes: All: Nays: None. Motion Unanimously Carried.

Respectfully submitted,

P.S. Howard
Recording Secretary