Board of Zoning Appeals Minutes

CITY OF NORTHVILLE
Board of Zoning Appeals
October 5, 2005 – 7:30 PM Approved (amended 11-2-05)
Northville Council Chambers
215 W. Main Street

1. CALL TO ORDER:

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

2. ROLL CALL:

Commissioners:

Present:
Carol Maise – Vice Chairman
Larry Jensen
Chris Gazlay
James Bress
Bill Lokey
James Haveraneck

Absent:
Rolland Stapleton – excused
Charles Ayers - excused
Luke Durst – excused
John Rae - excused

3. APPROVAL OF THE AGENDA:

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

Motion by Haveraneck, supported by Bress to approve the September 7, 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 Mr. Hartman has not closed on the sale of the property at 394 First St, Commissioner Maise suggested that the applicant receive verification from the current property owner to proceed with the requested variances.

Commissioner Maise offered the applicant the option of voting on each of the five variances individually. She also suggested that since variance #1 and #5 go together they should be voted on in that order. Mr. Hartman accepted the offers and stated that he still has ongoing issues with the enforcement and interpretations of the Zoning Ordinance.

He described his intention to tear down the existing home and attach a new 3,000 sq. ft. house to an old existing garage in order to utilize the existing property which is 50’ wide, save an existing mature tree, and allow the driveway to be placed on the north side of the home.

Resident Comments: Patti Tomasak – 349 First St. – stated that she has nothing against the applicant; however the large houses are destroying the integrity of the neighborhood. Building the monster houses on the small lots is setting precedence in her neighborhood.

Commissioner Comments:

The existing garage is a nonconforming structure; granting the variance expands the nonconformity.

The intent of this variance is to make an accessory building more than what it already is. The existing garage probably does not have the proper foundation on which to build.

Section 22.01 intent of the Northville Zoning Ordinance was read into the official record.

#1 Motion by Bress, supported by Lokey to grant the variance as requested. Applicant requests a variance to Article 3, Sec. 3.04 and Article 15, Sec. 15.01 – Side Yard Setback. Requesting a variance of 3’. Roll Call Vote: Ayes: None. Nays: Bress, Ernst, Gazlay, Haveraneck, Jenson, Lokey, and Maise... Motion Denied.

The garage is not being expanded but the house into the garage.

#5 Motion by Lokey, supported by Bress to grant the variance as requested. Article 22 Sec.22.01d-Nonconforming Structure. Requesting to place an addition on as existing nonconforming structure. Roll Call Vote: Ayes: Lokey. Nays: Bress, Ernst. Gazlay, Haveraneck, Jensen and Maise. Motion Denied.

Mr. Hartman stated that the overhang is needed for protection against weather conditions.

Commissioner Comments:

The Planning Commission is working towards a goal of controlling overbuilding by limiting the building envelope or the footprint of the house beyond a determined dotted line. Bay windows, cantilevered porches, chimneys etc will be included as part of the footprint.

This variance is not needed since #1 and #5 were denied.

#2 Motion by Bress, supported by Haveraneck to grant the variance as requested. Article 18, Sec. 18.11.9 Projections into yards, to project a window 11’5" into a side yard and a roof cornice 18" into a side yard. Roll Call Vote: Ayes: None. Nays: Bress, Ernst, Gazlay, Haveraneck, Jensen, Lokey and Maise. Motion Denied.

Mr. Hartman asked to be allowed to build a two car garage for marketability reasons as well as to be compatible with the size of the intended house.

#3 Motion by Bress, supported by Haveraneck to grant the variance as requested. Article 18, Sec 18.04C – Accessory Buildings-requesting to exceed allowable side by 143.5 sq. ft. Roll Call Vote: Ayes: Bress and Lokey. Nays: Ernst, Gazlay, Haveraneck, and Maise. Motion Denied.

Commisioner Comments:

This is a lot of record and a build able lot. The lot was in place prior to the most recent adoption of the Zoning Ordinance and can be built on

Article 22.01 B of the Northville Zoning Ordinance was read.

#4 Motion by Bress, supported by Ernst to grant the variance as requested. Article3, Section 3.04 – Area Height and Placement Requirement. Article 15, Sec. 15.01, Article 18, Sec. 18.11.5, Article 22, and Sec. 22.01 a & b – Nonconforming lots. Asking for a 10’ variance. Roll Call Vote: Ayes Bress, Gazlay, Haveraneck, Lokey, Jensen and Maise. Nays: Ernst. Motion Carried.

Mr. Hartman asked why Commissioner Ernst voted against variance #4. Mr. Ernst stated that he did so on the interpretation of the ordinance. He read Section 22 "intent" of the ordinance and based his decision on the intent of the ordinance.

Applicant requests a variance to Article 22, Sec, 22.01d.1, Side Yard Setback. Requesting a 2’2" variance in right side yard.

Dave Piekarski, the builder of the home stated that the existing 1,000 sq. ft ranch style home will be renovated and a second floor added. The square footage of the new home will be approximately 2,300 sq. ft with the capability of adding another room above the garage. To accomplish this he needs to connect the existing garage to the house by knocking down one wall.

This application does not increase the existing non conformity.

The BZA is concerned with those cases in which the variance increases the non conformity.

Motion by Bress, supported by Haveraneck to grant the variance as requested. Voice Vote: Ayes: Bress, Gazlay, Haveraneck, Jensen and Maise. Nays: Ernst and Lokey. 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)

Discussion followed regarding the Commissioners role in interpreting the Zoning Ordinance and the responsibility of enforcing the ordinance.

Commissioner Jensen referenced Michigan Case Law #121.85 (amended Michigan Case Law #125.585) He stated that at a minimum this board needs the City Attorney’s legal opinion and direction regarding the BZA’s role in interpretation of the Zoning Ordinance.

Section 22.01 NONCONFORMING LOTS, NONCONFORMING USES OF LAND, NONCONFORMING STRUCTULRES, AND NONCONFORMING USES OF STRUCTURES AND PREMISES. Of the Northville Zoning Ordinance was also read. 1. Intent - It is the intent of this Ordinance to permit legal nonconforming lots, structures, or uses to continue until they are removed but not to encourage their survival. It is recognized that there exists within the districts. . . .

This board has the ability to interpret the Zoning Ordinance, but the interpretation must be tied to the specifics of the case.

The general consensus

George Hartman’s twenty two page document (September 2005 packet) should be reviewed by the City Attorney.

Perhaps the City Manager, Gary Word should attend the next BZA meeting to address the specific issues that the BZA has been struggling with.

Motion by Haveraneck, supported by Gazlay to adjourn the meeting at 9:20 PM. Voice Vote: Ayes: All: Nays: None. Motion Unanimously Carried.

Respectfully submitted,

P.S. Howard
Recording Secretary