Board of Zoning Appeals Minutes

CITY OF NORTHVILLE
Board of Zoning Appeals
July 6, 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
John Rae
James Haveraneck
Luke Durst
Mark Ernst
Larry Jensen

Absent:
Carol Maise - excused
Bill Lokey – excused
Charles Ayers - excused

3. APPROVAL OF THE AGENDA:

Motion by Durst, supported by Bress to approve the agenda. Voice Vote: Ayes: Al. 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.

Chairman Stapleton read a letter which he had prepared a head of time. The letter dated 7-6-2005 was submitted for the official packet. The letter stated that Case # 05-06 is not a case but an interpretation of specific section of the Northville Zoning Ordinance. The case was not heard.

Applicant requests a variance from Case #05-01 to be modified for the proper lot size of 6,389.2 sq. ft lot 318, Plat #4. Grounds for Appeal: Appellant alleges that there is an ERROR in the decision or order being appealed. (Article 25, Section 24.04a)

George Hartman stated that on April 9, 2005 the BZA granted a variance for lot size and width for 376

First Street to allow for the construction of a residence on this existing, nonconforming lot. Per the minutes of said meeting, the variance was granted for a "lot less than 7,200 square feet and greater than 6,400 sq. ft." A recent survey of the lot denotes that the property size is actually 43.0’ x 148.58’ resulting in 6,389.22 square feet. the difference in the actual lot size to the minimum size listed in the variance is .30’ of lot depth or about 3 ½".

He requested that this variance be modified for the proper lot size of 6,389.2 sq. ft. or to specifically name Lot 318 Assessor’s Northville Plat No. 4.

A lengthy discussion on the importance of accurate documentation and the importance of an accurate certified state survey in sued.

Motion by Ernst, supported by Durst to grant the variance to build a home on Lot 318, Northville’s Assessor’s Plat No. 4 .no less than 6,350 sq. ft. Roll Call Vote: Ayes: Bress, Durst, Gazlay, Ernst, Haveraneck, Jensen, Rae and Stapleton. Nays: None. Motion Unanimously Carried.

Applicant requests a variance to Sec. 304, Area height and placement requirements as provided in Sec.15.01 – minimum lot width requirements. Grounds for Appeal: Undue Hardship.

Donna Farkas stated that the existing house which she recently purchased does not warrant significant remodeling due to structural deficiencies. The house does not meet current electrical and building codes. She would like to demolish the home and replace it with a one and half story bungalow keeping with the architectural streetscape. The width will be 35 ft. or six feet less in width than the overall existing structure. Ms. Farkas requested an 11ft width lot variance from the required 60 feet.

Many agreed that information such as a survey of the property, site plan, architectural drawings etc. were lacking.

Another expressed the point of view that this is a preexisting non conforming lot of record, and is build able as long as the applicant complies with the set back requirements.

Motion by Jensen, supported by Ernst to table Case #05-10 indefinitely. Roll Call Vote: Bress, Durst, Ernest, Haveraneck, Jensen, Rae, and Stapleton. Nays: Gazlay. Motion Carried.

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)

Motion by Bress, supported by Rae to adjourn the meeting at 8:37 PM. Voice Vote: Ayes: All: Nays: None. Motion Unanimously Carried.

Respectfully submitted,

P.S. Howard
Recording Secretary