| REGULAR MEETING ZONING |
JUNE 5, 2008 |
| BOARD OF APPEALS |
1 - 1 |
The meeting was called to order by Chairman Hawley at 7:30 p.m. A quorum was present.
PRESENT
Chairman Dan Hawley; Boardmembers Michael Borg, Holly Brandt, Shirley Ford, Timothy Juidici, Marco Palazzolo, Karen Worrell; Alternate, Kenneth Vance
ALSO PRESENT
Randy Sapelak, Zoning Administrator; Alternate Mark Jaffray
APPROVAL OF MINUTES
Regular Meeting May 1, 2008
ZB-08-09 Brandt moved, Jaffray seconded, to approve the minutes from the May 1, 2008, meeting as presented. Motion CARRIED
NEW BUSINESS
VA-08-04, Herdon, 680 Milford Glen, 16-11-176-071, Req. 8.8 Setback Var. from Ord. 231, Art. XI, Sec. 94-305 (f) (6)
Mr. Sapelak reviewed his letter dated 5/12/08, (on file at Village office).
Jennifer Herdon, 680 Milford Glen, was present to answer any questions from the Board. She told the Boardmembers she was hoping to construct a 14’ deck onto the rear of her residence. She explained that her rear yard was sloped and unusable. She said a drainage problem she had was recently corrected and she is hoping to not have to disturb any of the natural areas of the lot. She continued to explain that the house was constructed with two door walls that are unusable because of the drop off to her sloped yard. Ms. Herdon said her neighbors were able to construct their deck without a variance on the side of their home, but she would be encroaching into her neighbor’s yard if she tried to construct the deck to the side of her house.
Chairman Hawley and Boardmember Borg stated they felt the size of the deck proposed was excessive.
Chairman Hawley said he would be more comfortable with granting a variance to allow for a 14’ deck which would be consistent with the adjoining neighbors.
Boardmember Brandt said she had no problem with the variance request as proposed because the builder constructed the home to the rear setback knowing the homeowner would need a variance to construct a deck. She reminded the Boardmembers that there was no response from the Public.
Boardmember Worrell agreed with Boardmember Brandt.
The following facts were found to be true:
1. The natural topography of the yard has presented the applicant with restraints that are beyond her control.
2. As proposed, the deck is compatible with other decks constructed in the area.
3. Applicant wishes to keep the large tree in her yard, which would be in keeping with the original intent of the cluster ordinance when the site plan was approved.
4. Changing the grade of her yard may cause drainage issues.
5. Without a deck the door walls cannot be utilized.
6. Granting the variance will not have an adverse affect on the health, safety or welfare of the community.
7. The addition of the deck would in fact increase the safety of the home.
8. The hardship is not self-created by the applicant, but by the builder.
ZB-08-10 Palazzolo moved, Brandt seconded, to grant VA-08-04 a 8.8 rear yard setback variance to allow for a 16’X17’X8” deck with stairway as requested by petitioner, based upon previous facts found to be true and based on the fact that this is in keeping with the scheme of the residential community.
ROLL CALL VOTE
YES – Ford, Worrell, Brandt, Palazzolo, Jaffray
NO – Hawley, Borg Motion CARRIED
The applicant has one year to act on the variance.
CALL TO PUBLIC
There was no response from the Public.
ADJOURN
The meeting was adjourned at 8:01 p.m.
Nancy Scott, CMC
Milford Village Deputy Clerk | 
