Zoning Board of Appeals

STERLING HEIGHTS ZONING BOARD OF APPEALS REGULAR MEETING CITY HALL JULY 17, 2014 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI. SUBJECT: Minutes of the Regular Meeting of the Zoning Board of Appeals held July 17, 2014. Mr. Kremhelmer called the meeting to order at 7:04 p.m. Members present at roll call: David Graef, Bruce Kremhelmer, Stefano Militello, Nick Najjar, Ray Washburn Members absent at roll call: Derek D’Angelo (excused) Also in attendance: Donald Mende, City Planner Don DeNault, City Attorney Renee Bayer, Recording Secretary APPROVAL OF AGENDA Moved by Washburn, supported by Militello, to approve the agenda. Ayes: Washburn, Militello, Najjar, Graef, Kremhelmer Nays: None Absent: D’Angelo Motion carried. CORRESPONDENCE There is no correspondence. PZBA14-0015 – Curt Loveday Requesting Board approval for a 13’5” front yard setback variance for a garage. Property Address: 38309 Plainview This case was postponed from the regular meeting of June 26, 2014 to allow the petitioner to revise the request. The petitioner is submitting this application in order to construct a detached garage for his home located on the northwest corner of Monsbrook and Plainview Drives. This parcel is zoned R-60 (One Family Residential). The home, lot 242 of the Riviera Villa Subdivision No.3, was built in 1966. The west and north property lines are 101 and 98 feet respectively. The current ordinance minimums are 120’. Due to the unique shape and the dimensions of the lot, the petitioner has limited options for placement of the garage. Zoning Board of Appeals Minutes Regular Meeting of July 17, 2014 Page 2 The ordinance requires a garage to be at least 10’ from the residence, which the petitioner can comply with. The garage is proposed to be 20’x 20’, on the small side for a two car garage, so the petitioner is not trying to overbuild the structure. The plot plan has been amended as requested by the Board. The revised plan indicates the garage located further to the north, utilizes the existing driveway, and reduces the requested variance from 13’5” to 8’. The petitioner, Curt Loveday, 38309 Plainview, was present. Mr. Washburn was asked to refresh the board about the concerns of the placement of the garage. Mr. Washburn stated that if you were to place the garage 21’ from the sidewalk and you were to park a larger vehicle in the driveway, it could eliminate any clear vision from Plainsview onto Monsbrook. The possibility of a collision or not seeing children on bikes, etc. was his main concern. He had asked petitioner to take a look at moving the garage to the north and back towards the house and petitioner has presented the Board with a plan doing just that. Mr. Kremhelmer asked petitioner what was different with what he is presenting today than what was presented at the last meeting. Mr. Loveday stated that at the last meeting, he presented a drawing that showed the garage directly east of the house. Now, the garage is 7” from the rear of the lot instead of approximately 22’ from the rear lot line. Mr. Kremhelmer asked if there was an easement. Mr. Loveday stated there is a 6’ easement and it is now 1’ off of the easement. Mr. Kremhelmer opened the public hearing. There was no audience participation. Mr. Najjar gave the petitioner the option of postponing the vote since he would need four votes to approve and they were missing a board member. Mr. Loveday stated he was comfortable moving forward with the one board member missing. Motion by Najjar, supported by Militello, In the case of PBZA14-0015, Curt Loveday, 38309 Plainview Dr, I move to APPROVE an 8’ front yard setback variance with the following conditions: 1) That the decision of the Board will remain valid and in force as long as the facts and information presented to the Board in Public Hearing are found to be correct, and that the conditions upon which the motion is based are forever maintained as presented to the Board. The petitioner agrees to abide by and comply with all the ordinances of the City of Sterling Heights and the regulations of every lawful agency or governing authority now or hereafter in force; 2) Notice of the approval of the variance shall be delivered to the City Clerk’s office within 60 days after the approval date of the applicable meeting minutes Zoning Board of Appeals Minutes Regular Meeting of July 17, 2014 Page 3 for recording with the Macomb County Register of Deeds. Failure to file this notice shall serve as grounds to revoke the variance; 3) A Hold Harmless Agreement, in favor of the City of Sterling Heights, shall be delivered to the City Clerk’s office within 60 days after the approval date of the applicable meeting minutes for recording with the Macomb County Register of Deeds. Failure to follow this agreement shall serve as grounds to revoke the variance. The following findings of facts are noted: 1. The unique property shape, including a rounded corner as opposed to a 90 degree corner, contributes to the necessary variance; 2. The lot, part of a 50 year old platted subdivision, does not meet the minimum lot width and depth requirements which further restricts placement of the garage. Ayes: Najjar, Militello, Washburn, Graef, Kremhelmer Nays: None Absent: D’Angelo Motion Carried. APPROVAL OF MINUTES – JUNE 26, 2014 Motion by Militello, support by Graef to approve the minutes as presented. Ayes: Militello, Graef, Najjar, Washburn Nays: None Abstain: Kremhelmer Absent: D’Angelo Motion Carried. NEW BUSINESS There was no New Business OLD BUSINESS There was no Old Business PUBLIC PARTICIPATION There was no Public Participation Zoning Board of Appeals Minutes Regular Meeting of July 17, 2014 Page 4 ADJOURNMENT Moved by Militello, support by Najjar, to adjourn at 7:13 p.m. Ayes: Washburn, Graef, Kremhelmer, Militello, Najjar Nays: None Absent: D’Angelo Motion Carried. Respectfully submitted, Bruce Kremhelmer, Vice Chairman Zoning Board of Appeals