|
Zoning Board of Appeals |
| | ZBA Meeting December 5, 2007 | | | | REGULAR MEETING ZONING DECEMBER 5, 2007 BOARD OF APPEALS 1 - 1 The meeting was called to order by Chairman Hawley at 7:31 p.m. A quorum was present. PRESENT Chairman Dan Hawley; Boardmembers Michael Borg, Holly Brandt, Karen Worrell, Alternates Mark Jaffray, Kenneth Vance ALSO PRESENT Randy Sapelak, Zoning Administrator; Thomas Nader, Council President ABSENT Boardmembers Shirley Ford, Marco Palazzolo, Timothy Juidici APPROVAL OF MINUTES Regular Meeting September 6, 2007 ZB-07-13 Brandt moved, Worrell seconded, to approve the minutes from the September 6, 2007, meeting as amended: Page 2 Motion ZB-07-12, change “fun” to “fund” raiser… Motion CARRIED NEW BUSINESS VA-07-05, Fiyalko, 16-15-229-007, 959 Byron, Req. 4’ Front Yard Setback Var. From Ord. 231, Art. XI, Sec. 94-301, Schedule of Regulations Chairman Hawley verified that the notices were sent and that there was no response from the Public. DISCUSSION Sapelak provided a memo dated 11/7/07 (on file in Village office) explaining that the trusses were made longer than ordered and the applicant decided to cover the front porch to make up for the extra length without knowing there were setback requirements. David Fiyalko, 959 Byron, was present to answer any questions of the Board. The following facts were found to be true: 1. Due to the site’s curvature, the dimension from the porch to the setback line will not be even. 2. ZBA has historically granted variances for covered front porches. 3. There will be no negative impact on the health, safety and welfare of the Village residents. 4. There were no objections from the neighbors. 5. Structurally the trusses can not be moved back over the house roof line. ZB-07-14 Jaffray moved, Brandt seconded, to grant VA-07-05, Fiyalko, 16-15-229-007, 959 Byron, a request for a four (4) foot front yard setback variance from Ord. 231-, Art. XI, Sec. 94-301, Schedule of Regulations based on the facts previously found to be true. Roll Call Vote Yes – Hawley, Worrell, Brandt, Borg, Jaffray, Vance Absent – Ford, Palazzolo, Juidici Motion CARRIED The applicant has one year to act on the variance. Interpretation – Ord. 231, Art. XII, Sec. 94-354, Fence ZB-07-15 Brandt moved, Borg seconded, to allow Worrell to abstain due to a conflict of interest. Motion CARRIED Worrell left the table. DISCUSSION Sapelak reviewed his memo dated 11/21/07 (on file in Village office) which offered two definitions of a “fence”. He asked ZBA to make an interpretation as to whether the eight (8) foot by eight (8) foot structure installed at 250 W. Huron was a fence or not. The Boardmembers discussed the structure and whether a “fence” needed to enclose something or merely act as a barrier. ZB-07-16 Brandt moved, Jaffray seconded, that ZBA interpreted the eight (8) foot wide by eight (8) high structure installed at 250 W. Huron fit the definition of a fence since it was a barrier. Roll Call Vote Yes – Hawley, Brandt, Jaffray, Vance No – Borg Abstain – Worrell Absent – Ford, Juidici, Palazzolo Motion CARRIED Worrell returned to the table. CALL TO PUBLIC There was no input from the public. ADMINISTRATIVE COMMENTS Sapelak mentioned the upcoming Master Plan meeting on 1/8/08 and the annual Joint Meeting on 1/14/08. The Joint Meeting will be on the January agenda to determine topics to be discussed at the Joint Meeting. ADJOURN The meeting was adjourned at 8:05 p.m. Ann Collins, CMC Milford Village Clerk |
|
|
|
|
|
|
|
| ZBA Meeting December 5, 2007 |
|
|
|
|
|
|
|
