MINUTES OF MEETING
ZONING BOARD OF APPEALS
June 13, 2016
The meeting of the Zoning Board of Appeals was called to order by President Boddie at 6:10 PM at the Village Hall.
ROLL CALL Present: Trustees Al-Awar,
Boddie, Borel, MacKrell and van der Velde. Absent: Trustees Benson,
Butterwick, Izenberg and Langford.
Others attending: ZA Perry, Supt. Esch, JHnatow, Asst. Treasurer King, two project applicants, project architect and one resident.
APPROVAL OF MINUTES Minutes of the May 9, 2016 Zoning Board of Appeals meeting were approved as printed. (Al-Awar/van der Velde/P)
APPLICATION FOR VARIANCE 304 Juniper Lane
Project Presentation (ZA Perry) Variances are requested for construction in the set back for three elements of the project: garage, pergola and pavilion. Dimensional variance (practical difficulty) criteria include degree of encroachment, impact on adjoining lots and support of purposes of the BHV Zoning Ordinance and Master Plan.
Public Hearing The Public Hearing was convened at 6:18 PM. No verbal public comment was given. Neighbors were given notice as required. Neighbors at 300 Barton Shore Drive viewed the plans but had no comment. Neighbors at 301 Barton Shore Drive phoned Deputy Clerk Esch to state support for the project. Neighbors at 312 Juniper Lane voiced support of the project in direct conversation with Mrs. Esch and with the applicants. The hearing was closed at 6:22 PM.
Discussion/Decision The architect displayed plans on the large screen TV, highlighting the various elements of the project.
1) A three car garage is proposed to be added at a right angle to the existing house. It would extend 18’ into the 20’ east set back, and have living space on the second floor. The lot is .61 acres with a flat area to the eastern side and a slope down to Barton Pond on the western side. The septic field is located on the southern side of the lot west of the driveway. The existing house protrudes slightly into the north set back; the proposed garage would extend that particular protrusion a small amount. The current garage has 8’ wide doors and was described by the applicant as very small. The applicant stated that there was currently not a house on the adjacent lot, and that due to its topography any structure built on that lot would be far away so the proposed garage would not impact the lot significantly. The ZBA noted that the practical difficulty being presented by the applicant existed when the home was purchased two years ago, and that 2’ of setback was a very small distance to the property line. The applicant stated that there were four drivers in the family.
Motion Variance from Section 4.08 of the Barton Hills Village Zoning Ordinance to allow construction of an attached garage in the set back at 304 Juniper Lane was denied, based on the determination of the Zoning Board of Appeals that the standard of practical difficulty was not met. (Al-Awar/Borel/P)
2) A pergola is proposed to be added to the south side of the house to provide screening from the neighboring house 51’ away. The structure would protrude into the 20’ set back by 4’8”.
Motion Variance from Section 4.08 of the Barton Hills Village Zoning Ordinance to allow construction of a pergola in the set back at 304 Juniper Lane was approved. (Al-Awar/Borel/P)
3) A pavilion is proposed to replace an existing gazebo located on an existing deck on the west side of the property. The existing gazebo is entirely in the set back within 2’ of the property line and the deck encroaches over the property line; this deck encroachment would be eliminated in the proposed design. The pavilion would not have heat, running water or waste water. The applicants consulted with the Michigan Department of Environmental Quality and were told that the pavilion would not require a MDEQ permit since it would be constructed on the existing foundation above the high water mark; further that the seasonal dock does not require a MDEQ permit and that existing stone steps from the deck to the dock would not require a MDEQ permit for the reason that they are above the high water mark, but the extension of the steps to reach the dock may need MDEQ permit review. The ZBA noted that reversing the arrangement of the pavilion and deck space would minimize the impact of the encroachment into the set back.
Motion Variance from Section 4.08 of the Barton Hills Village Zoning Ordinance to allow construction of a pavilion in the set back at 304 Juniper Lane was denied, based on the determination of the Zoning Board of Appeals that the standard of practical difficulty was not met. The Board would allow opportunity for the applicant to submit a revised design under this variance application at their July 11, 2016 meeting. (Al-Awar/MacKrell/P)
NEW BUSINESS None.
The meeting was adjourned at 6:37 PM. (MacKrell/Al-Awar/P)
Janice K. Esch, Deputy Clerk Approved