Barton Hills Village, Michigan

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October 12, 2009

MINUTES OF MEETING

BOARD OF ZONING APPEALS

BARTONHILLS VILLAGE


October 12, 2009

The meeting of the Board of Zoning Appeals (BZA) was called to order by President Boddie at 6:03 PM at the Village Hall.

ROLL CALL Present: Trustees Al-Awar, Benson, Boddie, Borel, Butterwick and Langford. Absent: Trustees Lindstrom, MacKrell and Wilkes.
Others attending: Asst. Treasurer King, applicants Frank Legacki, Alicia Torres and Dunrie Greiling, and one resident.

APPROVAL OF MINUTES Mr. Al-Awar moved that the minutes of the August 10, 2009 Board of Zoning Appeals meeting be approved as printed. Mr. Butterwick seconded; the motion carried.

APPLICATION FOR VARIANCE 460 Hillspur Road

Public Hearing President Boddie convened the public hearing on this application at 6:04 PM. Applicant Frank Legacki gave an explanation of the proposed addition of a study to the back of his home, including slides that showed the location of the addition and views from the closest neighbor’s property. The neighbor was present and stated that she and her husband fully supported the applicant’s request. Mr. Legacki also pointed out the unusual lot line of his property and the existence of a shed on the property line that he would be willing to remove, as the addition would include a basement area where items from the shed could be stored. The home is a continuing non-conforming structure (encroaches over the side set back). The project would add about 300 square feet (15% of the existing square footage) and would be 160 feet from the neighbor’s house. The neighbor on the other side would not see the addition at all. There being no further comments from the public, the hearing was closed at 6:15 PM.

BZA Discussion Mr. Legacki was asked to clarify that the office was for personal use and not a home business where customers would come, which he did. The Board was supportive of removal of the shed as an opportunity to correct an improper situation.

Motion Mr. Al-Awar moved that the application submitted by Frank Legacki and Alicia Torres, owners of the home at 460 Hillspur Road, requesting variance from Section 9.02(b) of the Barton Hills Village Zoning Ordinance, be approved. The requirement of this section prohibiting the expansion of a continuing non-conforming structure is waived relative to the addition being proposed for this property at this time. Additionally the applicants agree to remove the shed that is over the property line when the project is completed. Mr. Butterwick seconded; the motion carried.

APPLICATION FOR VARIANCE 60 Underdown Road

Public Hearing President Boddie convened the public hearing on this application at 6:18 PM. Applicant Dunrie Greiling explained the request of she and her husband to install a generator on the back side of their home. Written comment from the closest neighbors requested two considerations: 1) purchase of the quietest generator possible, and 2) addition of a noise abatement screen. The applicants and the neighbors have discussed these requests. Ms. Greiling stated that the generator selected has a very low noise level (data included in application) and is the appropriate size for their situation. Further, the two parties agreed that the generator could be installed, and if noise is a problem the applicants will add a noise abatement structure that is acceptable to the neighbors. The neighbor on the other side has reviewed the application and has no objections. There being no further comments from the public, the hearing was closed at 6:25 PM.

BZA Discussion Mr. Boddie confirmed that he had also talked with the neighbor and was assured of their willingness to work with the applicants if noise is a problem after the generator is installed. The Board urged installation of the generator as far from the lot line as possible, but understood the limitations of the property and existing elements.

Motion Mr. Butterwick moved that the application submitted by David Higbie and Dunrie Greiling, owners of the home at 60 Underdown Road, requesting variance from Section 9.02(b) of the Barton Hills Village Zoning Ordinance, be approved. The requirement of this section prohibiting the expansion of a continuing non-conforming structure is waived relative to the installation of a generator being proposed for this property at this time. Additionally, the applicants agree to work with the neighbors to provide an acceptable noise abatement structure if necessary. Mrs. Langford seconded; the motion carried.

NEW BUSINESS None.

Mr. Al-Awar moved the meeting be adjourned at 6:27 PM. Mrs. Langford seconded; the motion carried.

Janice K. Esch, Deputy Clerk     Approved 4/11/11

 


  

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