| REGULAR MEETING ZONING |
SEPTEMBER 3, 2009 |
| BOARD OF APPEALS |
1 - 1 |
The meeting was called to order by Chairman Hawley at 7:35 p.m. A quorum was present.
PRESENT
Chairman Dan Hawley; Boardmembers, Shirley Ford, Mike Palazzolo, Kenneth Vance, Karen Worrell; Alternates David Bluhm, Mark Jaffray
ABSENT
Boardmembers Borg, Brandt
ALSO PRESENT
Randy Sapelak, Zoning Administrator; Thomas Nader, Village President
APPROVAL OF MINUTES
Regular Meeting August 6, 2009
ZB-09-11 Palazzolo moved, Jaffray seconded, to approve the minutes of the August 6, 2009 meeting as presented. Motion CARRIED
UNFINISHED BUSINESS
VA-09-06, Worrell, 16-10-428-007, 250 W. Huron, Req. Interpretation or Modification of Ord. #231, Art., XV, Sec. 94-456, Yard Regulations
Boardmember Worrell asked to abstain from discussion of VA-09-06 and left the table.
Chairman Hawley verified that the notices were sent and that there was no response from the public.
Darien Worrell, 250 W. Huron was present to answer any questions from the Boardmembers.
Chairman Hawley asked if there was anyone from the Public who wished to speak about the request.
Edith Nader, 434 W. Huron, was present and explained to the Boardmembers that some time ago her and her husband looked at purchasing the property now owned by the Worrell’s, but was told by someone at the Village offices that the property was not a buildable lot because it was a corner lot and, she questioned why the Worrell’s were allowed to construct their home if the lot was not buildable.
Mr. Sapelak explained that the lot is a very odd shape with difficult topography and while it does border River Street on two sides, the northern portion of River Street along the Huron River does not qualify as a street per the engineering ordinance. For this reason the Worrell property does not qualify as a corner lot. He further explained that when the lot was split by Planning Commission and Village Council it was not known that an undersized lot would be created. And, when the house was proposed to be built, the survey given to him showed that the lot was of legal size and buildable. Mr. Sapelak continued to explain that in the last year or so another survey of the property was conducted which indicated that the property was smaller than originally thought. He also told the Boardmembers that this property does not touch the waterfront and explained that a Village sewer easement exists between the waterfront and the property.
BOARDMEMBER COMMENTS
Boardmember Jaffray asked Mr. Worrell what the purpose of having the lot redefined was.
Mr. Worrell said that he was forced to come before the ZBA and asked that the Boardmembers agree to what was recommended by Village Planning Consultant, Nick Lomako, as indicated in his letter dated 7/30/09 (on file at Village office).
Mr. Sapelak explained that when the new survey was complete a large section of the north side of the Worrell property was taken away and now the home does not meet the setback requirements. Mr. Sapelak read Sec. 94-456 of the ordinance pertaining to yard regulations, which states, “When yard regulations cannot reasonable be complied with, or where their application cannot be determined on lots of peculiar shape, topography or due to architectural or site arrangement, such regulations may be modified as determined by the zoning board of appeals”. Mr. Sapelak explained by defining the lot, in the future if the homeowner should need a variance to construct a garage or addition it will be clear to the ZBA what is the front, side, and rear yards. He said however, that the rear yards of all other homes on E. Huron face the waterfront.
Boardmember Palazzolo asked what advantage the Worrell’s would have by having the north side of their property designated as their front yard. Mr. Sapelak said they may be able to construct an uncovered deck without a variance.
Chairman Hawley said he thought it was common for properties on water to consider the water side of the home as the front yard.
Mr. Sapelak explained that the Worrell property does not actually abut the river. He said there is an easement for public sewer that extends to Water Street, between the river and the Worrell property, but because of the severe grades of the property it is not likely to ever be developed.
ZB-09-12 Bluhm moved, Palazzolo seconded, that in regards to VA-09-06, Worrell, 250 W. Huron, 16-10-428-007 the north and west sides be designated as the front yards, the south side be designated as the rear yard, and the east side be designated as the side yard based upon the following facts found to be true:
1. The letter received from Nick Lomako, Planning Consultant, dated 7/30/09, stated support of “flipping the yards”.
2. Designating the north side of the property as a front yard will make it easier for the homeowner as well as Village Planning and Zoning Boards if future request are made.
3. Granting the variance will correct a set-back non-conformance on the north side of the property.
4. Granting the variance will not have an adverse affect on the health, safety, or welfare of the community.
ROLL CALL VOTE
YES – Ford, Palazzolo, Vance, Jaffray, Bluhm, Hawley ABSTAIN – Worrell ABSENT – Brandt, Borg Motion CARRIED
Boardmember Worrell returned to the table.
NEW BUSINESS
VA-09-07, Anderson, 16-11-329-009, 735 E. Huron, Req. 32’ Rear Yard Setback Var. and Side 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.
Mr. Sapelak read from his letter dated 8/13/09 (on file at Village office).
Jeffrey Anderson, 735 E. Huron, was present to answer any questions from the Boardmembers. He explained that he would like to construct a detached one car garage that would connect to the house with a breezeway. He said it was his intent to construct something that would be pleasing to the Village.
DISCUSSION
Boardmember Bluhm verified that there was no opposition from adjoining neighbors. He also asked why Mr. Anderson does not want to attach the garage to the house.
Mr. Anderson explained that in the Village older homes have detached garages and are more architecturally pleasing and aesthetically preferred.
The Boardmembers, Mr. Sapelak and Mr. Anderson discussed that the setbacks for a detached garage is 3’. It is not uncommon to find detached garages in the older sections of the Village. The rear of the home only has a 3’ setback. The garage will only be attached by the breezeway. The side yard variance should not exceed the length of the garage.
ZB-09-13 Palazzolo moved, Jaffray seconded, to approve VA-09-07, Anderson, 16-11-329-009, 735 E. Huron, for a 32’ rear yard setback variance and a 5’ side yard setback variance from Ord. 231, Art. XI, Sec. 94-301, Schedule of Regulations based upon the following facts found to be true:
1. The rear yard setback request of 32’ does not exceed that which already exists for the house.
2. The hardship is not self-created.
3. The proposed garage is in keeping with the architectural and aesthetics of the neighborhood.
4. There has been no negative response from the adjoining neighbors.
5. Building a smaller garage would be impractical.
6. If there was no breezeway, it would meet the side yard set back requirement.
7. The variance requested is the true minimum of what he could ask for.
ROLL CALL VOTE
YES – Worrell, Palazzolo, Vance, Jaffray, Bluhm, Hawley, Ford
ABSENT – Brandt, Borg Motion CARRIED
CALL TO PUBLIC
There was no response from the Public.
ADJOURN
The meeting was adjourned at 8:30 p.m.
Nancy Scott, CMC
Milford Village Deputy Clerk | 
