September 14, 2020
The meeting of the Zoning Board of Appeals was called to order by President Torres at 6:00 PM via online video/phone conference consistent with Governor Whitmer’s Executive Order/COVID-19 pandemic.
ROLL CALL Present: Trustees Al-Awar, Benson, Butterwick, Hensinger, Nicoli, Popp, Saldana, Smith and Torres. Absent: None.
Others attending: Asst. Treasurer Kirkland, ZA Perry, Supt. Hnatow, BHMC President Curtner, ZH Malan and 10 residents.
APPROVAL OF MINUTES Minutes of the July 13, 2020 Zoning Board of Appeals meeting were approved as printed. (Smith/Benson/P)
REQUEST FOR INTERPRETATION
Presentation (ZA Perry) The question has been raised concerning Section 5.11 of the BHV Zoning Ordinance and whether the provisions of that section regarding walls include a man-made earthen berm. Zoning Administrator Perry brought this question to Board of Trustees at their July 13, 2020 meeting. A meeting of the Zoning Board of Appeals was called to give an interpretation.
Public Hearing The Public Hearing was convened at 6:12 PM. There being no public comment, the hearing was closed at 6:13 PM.
Discussion/Decision Discussion included:
There are differences in measuring a wall with just vertical sides, and measuring a berm which may have several dimensions.
–This should wait until the Planning Commission recommends specific language for amendment to the Zoning Ordinance regarding the question, since the instruction now may be very short-lived and the Planning Commission recommendations may be quite different from the instructions.
–The Planning Commission should consider a broader view of grades/grading that would include berms.
–A berm functions in a similar way to a wall and should be governed by the Zoning Ordinance Section 5.11 until something permanent is adopted.
Motion The Zoning Administrator was instructed to consider berms as walls, and therefore governed by Zoning Ordinance Section 5.11, until such time as the Zoning Ordinance is amended to specifically address berms. The Planning Commission was requested to review this question and make recommendation(s) to the Board of Trustees for amendment to the Zoning Ordinance. (Smith/Hensinger/P with Benson, Hensinger, Nicoli, Smith and Torres voting yes; Al-Awar, Butterwick, Popp and Saldana voting no)
NEW BUSINESS None.
The meeting was adjourned at 6:15 PM.
Janice K. Esch, Deputy Clerk Approved 5.10.21