Loading...
ZONING BOARD OF APPEALS MINUTES - 9/24/2009 ZONING BOARD OF APPEALS MINUTES approved CITY OF MUSKEGO SEPTEMBER 24, 2009 Meeting was called to order at 7:30 P.M. Those in attendance recited the Pledge of Allegiance. PRESENT: Acting Chairman Dr. Barbara Blumenfield, Dr. Russell Kashian, Mr. William Le Doux, Mr. Aaron Robertson, and Planner Adam Trzebiatowski. ABSENT: Chairman Dan Schepp, Vice Chairman Henry Schneiker and Mr. Richard Ristow STATEMENT OF PUBLIC NOTICE: The secretary stated the meeting was noticed on September 18, 2009 in accordance with open meeting laws. NEW BUSINESS: 1. APPEAL #05-2009 Petitioner: Dr. Philip & Sheila Conrardy Property: W199 S6904 Crabapple Court / Tax key No. 2179.043 REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.02 Zoning Board of Appeals, Petitioner seeks the following variances: Chapter 17 - Zoning Ordinance: Section 15.05(8) – Fences, Walls, and Screening Devices (A) Any such structure not in excess of 6-feet in height, may be permitted anywhere on the lot consistent with standard set forth in Section 15.05(3)B above, and in compliance with Section 5.02(E) and 5.02(F). A height limit of 6 feet is in place for wall/fences/columns that do not meet the setback and offset requirements of the district. The petitioner seeks varying column (with a cap) heights, with a maximum height of 7.25-feet to permit the existing columns on the property to remain, and is therefore requesting no greater than a 1.25-foot variance from the height limit regulation. Dr. Blumenfield swore in Dr. Philip Conrardy, Michael Clayfish, M. Niedzialkowski, Ron Phelps, Jon Ottenbacher, and Planner Adam Trzebiatowski. Dr. Conrardy stated the variance requested is for one side of four columns, which are adjacent to the concrete driveways. If any of the other columns are greater, it is because the project has not been completed yet. Dr. Conrardy explained the requested variance is not trivial and is important to the Conrardy family for safety. The house has been robbed 3 times and a brick was thrown through the window. Dr. Conrardy further explained this is a unique situation due to the topography of the property having a steep slope and trying to keep all the columns symmetrical. Dr. Conrardy stated he met with the City before permits were issued for the columns and thought the columns could be 6-feet plus the cap on top, which was an honest mistake. Dr. Conrardy noted that after the permits were received he added a few more columns. Dr. Conrardy noted a petition was signed by the neighbors most directly impacted by the columns and there were no problems. Dr. Conrardy stated the hardship for this appeal is safety of the family. If he were to build up the columns on the driveway side, the driveway would be narrower and would not allow access to a ladder fire truck, which is necessary to reach the upper bedrooms. Fire Chief Wojnowski visited ZBA Minutes 9/24/2009 Page 2 the property and submitted a letter stating the same. Dr. Conrardy also stated Ald. Schenider came to his house two times and he hadn’t received any complaints. Dr. Conrardy clarified that only the driveway side of four columns needs a variance and would be 6-6.4 feet with a cap, and the fence would not even be 6-feet in height. Michael Clayfish, S76 W15131 Roger Drive – plows Dr. Conrardy’s driveway and stated he has seen fences as high as 8-12 feet tall in the City. M. Niedzialkowski, S70 W13100 Woods Road – stated Dr. Conrardy has great intentions and a good plan. The project is unfinished. Ron Phelps, W197 S6931 Thornapple Trail – stated he is the neighbor on the bottom side of the steep hill behind Dr. Conrardy’s house. Explained he had other issues with Dr. Conrardy, but he is also concerned with the ambient light from the columns. Questioned why the City has rules if people are treated differently. Jon Ottenbacher, W197 S6945 Thornapple Trail – stated he also has other issues with Dr. Conrardy and questions his sincerity with asking for forgiveness rather than permission. Dr. Blumenfield questioned if Dr. Conrardy responded to the letters sent by the City. Dr. Conrardy stated he did come in and talk to Mr. Trzebiatowski and did fill in with dirt to come into compliance. Dr. Blumenfield questioned if Dr. Conrardy requested a permit for each of the 21 columns. Dr. Conrardy stated he did not have a permit for 3 of them. Dr. Blumenfield questioned Dr. Conrardy if at the time of the original permit was he told what the height requirement was. Dr. Conrardy stated he thought the columns could be 6-feet plus the cap and light at any height. Planner Trzebiatowski gave the City’s opinion based on the Zoning Code. Mr. Trzebiatowski explained staff has to enforce the zoning code and every property follows the same standard. Mr. Trzebiatowski explained 21 columns have been installed on the property over the past few years. Some of the columns had permits approved before their installation, but were not installed according to the plan. Other columns had permits submitted and issued after the installation of the columns when it was discovered that some of the columns exceed the 6-foot height limit. Dr. Conrardy submitted a survey with the column heights shown. Giving Dr. Conrardy the benefit, staff has taken the average heights of all four sides of the columns plus a 3” cap. The maximum average height is 6.7-feet and would require a .7-foot variance. Based on that, seven columns are out of compliance. Every permit applied for received a letter with a copy of the survey, which states the columns cannot exceed 6-feet in height. To correct these violations dirt can be added around the base of the columns or the columns could be cut down. However, whether or not the variance is granted, the dirt, as shown on the updated survey, must be kept at the height that was used for the survey. Mr. Trzebiatowski clarified that Ald. Schneider could not remember if he had received any complaints relating to the columns, but it is the City’s policy to enforce the zoning code on a complaint bases only, with two signed letters or by the request of a City Official. Staff is recommending denial of Appeal 05-2009 since the average height was used rather than the maximum and a non-self imposed hardship is not found for the appeal since the Zoning Permit approval letters from the City clearly stated that the maximum height could not exceed 6-feet above grade. DELIBERATIONS Appeal #05-2009 – Dr. Kashian moved to APPROVE the variance requested in Appeal #05-2009 on the inside walls of the two driveways only and the other columns/sides are to be brought up to code. Motion died for lack of a second. ZBA Minutes 9/24/2009 Page 3 Mr. Le Doux made a motion to APPROVE Appeal #05-2009 as submitted. Dr. Kashian seconded. Dr. Kashian moved to AMEND Appeal #05-2009 to limit the variance to the inside walls of the four (4) columns along the driveway and to grade and seed all the other sides and columns to compliance on average by December 31, 2009. Mr. Le Doux seconded. Dr. Kashian explained he does not see a hardship other then the fire access issue at the driveway. He feels this is a contractor error and should be corrected. Dr. Blumenfield reminded the Board of the hardship rules; citing a hardship cannot be self created and must unreasonably prevent the owner from using their property. There are other options to come into compliance including cutting down the columns or filling in with dirt. Mr. Le Doux thought there could be a hardship with the steepness and grade of the property. Mr. Le Doux noted this was a mistake and is only a fraction of an inch difference when looking at it you will not be able to tell. Upon a roll call vote, the amendment is APPROVED unanimously. Dr. Blumenfield moved to APPROVE as AMENDED. Seconded by Mr. Robertson. Upon a roll call vote, APPEAL #05-2009 is APPROVED as AMENDED unanimously. OLD BUSINESS: None. APPROVAL OF THE MINUTES: Mr. Le Doux moved to approve the minutes of August 27, 2009. Mr. Robertson seconded. Upon a voice vote, minutes were approved unanimously. MISCELLANEOUS: None. ADJOURNMENT: With no further business to come before this Board, Dr. Kashian moved to adjourn. Mr. Le Doux seconded. Upon voice vote, meeting adjourned at 9:40 PM. Respectfully Submitted, Kellie McMullen Recording Secretary