Board of Zoning Appeals Minutes

CITY OF NORTHVILLE
Board of Zoning Appeals
August 3, 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
Mark Ernst
John Rae
Carol Maise
Luke Durst

Absent:
Jams Haveraneck – excused
Larry Jensen - excused
Bill Lokey – excused
Charles Ayers – excused
Chris Gazlay - excused

3. APPROVAL OF THE AGENDA:

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

Motion by Durst, supported by Bress to approve the June 1, 2005 minutes as submitted. Voice Vote: Ayes: All. Nays: None. Motion Unanimously Carried.

Motion by Ernst, supported by Rae to approve the July 6, 2005 minutes as submitted. 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.

Because this application is under the jurisdiction of the Northville Public Schools, Chairman Stapleton stated the applicant did not need to present to the BZA.

The Chief Building Official stated that the applicant is here tonight for advisement.

Chairman Stapleton stated that the applicant is here before the board with essentially the same information that was presented previously.

The applicant, Mr. Hartman stated that he had been directed by the City Manager as well as the City Attorney to re appear before the Zoning Board for an interpretation of specific sections of the Northville Zoning Ordinance: what it means and how it is interpreted. He presented an eleven page document, a thirteen page document and letters, diagrams, illustrations and miscellaneous supporting documentation for his case. The packet which included 43 pages of information was filed in the Northville Building Department – Case #05-12.

Mr. Hartman continued by stating that he is frustrated with the appeal process. He has followed the proper procedures and has not received resolution or the requested variances. He alleged that he has been treated unfairly. Some variances that are granted are matters of improper enforcement. In some situations restrictions are placed on applicants and in others they are not. He contends that his non conforming lot (on First Street) with its non conforming structure was not granted the requested variances. He used a home on Grace Street as an example of one which was allowed to increase the non conformity. The enforcement is in correct and has directly affected his property. He used the denial of the variance for the chimney and the bay windows as an example of being unfair. He asked by what standards is the ordinance enforced or applied.

The Chairman stated that Hartman’s comments were an allegation and asked Mr. Hartman on the specifics of why he thought he was unfairly denied.

The applicant stated that for example the Board needs to offer clarification on front and side yard setbacks and why they are granted or denied.

The Zoning Board is not a body which enforces, but one of interpretation. The burden of proof is on the applicant. It is up to the applicant to prove that there is a true hardship. Essentially the same information which was presented in June is being re appealed in August.

In this case his hardship is a self created hardship. This case is not one of neither undue nor unreasonable hardship.

Specific language of the Zoning Ordinance needs to be tied to the denial.

When deciding how to vote, specific words as well as the intent of the ordinance are taken into consideration.

These decisions of this board are final. The recourse is to appeal to the Circuit Court.

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 Rae, supported by Durst to adjourn the meeting at 8:35 PM. Voice Vote: Ayes: All: Nays: None. Motion Unanimously Carried.

Respectfully submitted,

P.S. Howard

Recording Secretary