PDE-262111 screen enclosure setback variance Topsail Trail

52:35PC four.

52:53Good afternoon, Amy Toll with Planning Development and Economic Growth. The item before you is PDE 26-2111. It's a zoning variance, requesting an amendment or variance to LDC section 530.13A, supplemental regulations and waterfront property, and LDC section 1014A, Docks and Seawalls Visibility. The subject application is in the name of VA2VA-A.

53:25Mm-hmm. The subject site is located in an R4 high-density residential district with a feature land use of Res 9 residential 9 dwelling units per gross acre. The purpose of the variance request is to reduce the mean high waterline enclosure setback from 50 feet to 5 feet. The location is at 3872 Topsail Trail, approximately 1.2 miles west of U.S. Highway 19. Here is a location map showing that the subject site is in the River District of the

53:55Westmarket area and within the urban service area. Here's a context map highlighting the subject sites and the aerial imagery. Here is a zoomed in version of the aerial imagery.

54:10The future land use is res six. Res res Six, I think that says I'm sorry, I can't read that. Uh zoning is R four.

54:23Here is a concept plan showing the or a site plan showing the actual home with the pool and the highlighted setbacks that are existing.

54:35The project overview. So the applicant has requested a variance to reduce the mean high water line enclosure setback from 15 feet to 5 feet in an R4 high density residential district as required by the Land Development Code Section 530.13A, supplemental regulations for waterfront property, and by LDC section 1001.

55:01Mm-hmm. Here's the zoning code for the waterfront property.

55:08And the zoning code for the docks and seawalls.

55:14The recommended conditions are that the property owner may request to comply with the following items, limit the variance to the law area as built, comply with all other maximum and minimum bulk standards, acknowledge that the site is subject to the flood damage prevention ordinance, acknowledge an appeal may be filed and the effective date of the approval by completing the acknowledgement documents. And with that, we recommend to approve the proposed variance with conditions as set forth under the recommended conditions

55:45section below. I'd be happy to answer any questions you might have, and then we also have the applicant here to advise as well.

55:53Is it a fact? That the applicant applied for a permit for this structure and was granted the permit.

56:02Uh he applied for the permit, the site plan was approved and well he applied for the site plan. The structure was built based on the approval from the county. He went for a final permit and then they

56:15What do you mean he went for a final

56:17for the certificate of occupants or the final permit to grant the um enclosure?

56:23The final inspection inspection.

56:26the enclosure.

56:29So there was an error by the building department in issuing the permit.

56:35Correct.

56:41All right, any other questions?

56:44Yeah.

56:47So is this a staff initiated variance?

56:52No.

56:53Did the applicant have to pay the fees to apply for the variance?

56:59I would guess yes. Yes. Yes. Yes he did.

57:06Thank you. Anybody else?

57:13Is there anybody that's we can use next meeting to see that we can certainly just

57:22All right. Um I'm sorry, you're the applicant? Okay. Is anyone else here to speak on this besides the applicant?

57:30Mr Chairman the only individual I have signed up with this item is a Mr Doug Tilley.

57:36Well could I ask the applicant a question real quick?

57:40Yeah. The applicant will come up real come up to the applicant is entitled to make a presentation first if he wants to make one. Certainly. You need to let the applicant speak first. If he wants to speak. You want me to speak first?

57:51He he's just coming up to answer a question. Could you uh Could you want to make a presentation about

57:57your case?

57:57My name's Mark Weiss. I live at [address removed] I actually live in this neighborhood and have for a while. Um I have a statement from the owner of the home. The honor. Bought a new pool. with an enclosure. The pool was done with a permitted uh footer for the enclosure. The

58:27permit for the enclosure was submitted and given. Everything was built. upon calling and final inspection, this issue was brought up. This particular property is in a corner of the very end of a canal, so it has no blockage or views of anybody around it. the house next store adjacent to it. which is actually facing, you know, it's right next door. Their enclosure's only eight feet. There's

58:58many places on these canals of of this older neighborhood. where this setback Is not a Yeah, they're not all too in compliance. Some are very old. As far as the letter from the homeowner, I would like to read it. Um I am writing this as a homeowner. Deeply frustrated by recent events. Your department granted a full permit for the pool enclosure on my property. I followed all regulations, hired a licensed contractor, spent

59:28thousands of dollars completing the structure. This enclosure was an integral integral part to my overall par project, which included pool itself which included the pool itself. Without proper enclosure I would have never installed the pool as a mosquito issue in our area is severe. Now after it's built, I am told within the setback and requires a variance I implying that I need may need to remove it. This is unacceptable. Your approval process should have prevented such

59:58costly mistakes. I trusted the permit meant everything was in order. The financial burden and emotional stress this has caused me is immense. I expect the county to take responsibility and shore a fair resolution without further hardship on my part. So I understand the code. Like I said, I live on waterfront property. And the fifteen foot setback after that, if you're in a backyard, these houses are all different, some are setback, some are forward, but it would it would impede

1:00:28people's view. In this case it does not. And I believe it should be passed.

1:00:34So what is your relationship to the owner?

1:00:36I actually am the contractor for the pool enclosure, but that pool enclosure was sold from a pool company, okay? One of the pool comp several pool companies that I built pool enclosures from. He asked me to handle it. And I did so because, you know, he's doesn't speak very good English and he's been there a long time and it was really the pool co you know, whose fault is it? Yeah. Everybody d I d e we all followed the rules. We got the permits, we built the things. I built about three hundred of these pool enclosures a year. all over the

1:01:06Detroit County area. So we're pretty particular, we were good company and we've been around. So when I f I saw his hardship and I volunteered to be his representative and I filled out everything for him.

1:01:19All right.

1:01:23Did you have another question, John? He'll come up again.

1:01:28Yeah, why don't you stay up close here? Oh okay. All right, so we can get your name and address.

1:01:33I'm Doug Tilley, uh [address removed]. I own a parcel west of Mr. Sham. I have no problem with it. I think the question here was half of his property is landlocked. and the other half is on the water. He's in that corner there. which is also going to impede a dock or anything water right center. But as far as obstruction or that, if you're, you know, up in the middle

1:02:04of the canal and you have that sticking out, then you're obstructing the so called water view you know, canal. But uh I I don't have any Any problems with it? I used to be able to peek over the fence and see where the tide was, you know. But uh and you didn't need a ladder. Yeah. But uh I go on the roof and I can look at it. Okay. But uh I don't see any issues there. And uh neither

1:02:34does the gentleman on the other side of the Because with the location of it being on the side there. You know, you've got quite a uh unique situation in that subdivision with the water. No w no backyards because it goes right to the seawall. And uh but uh that that's You know, and I I think there might have been a question there about the variance because of it half landlocked there,

1:03:04you know, the back of his property meeting the side of my our backyard neighbors. So I think there might have been a you know, and there's probably someone now going, Well he did it, why can't I? You know, you're gonna get that. But uh yeah, I I and I don't feel it's any it's no pr nobody's at fault here. It was just over overlooked, you know. The inspectors weren't sure, you

1:03:34know, the contractor wasn't sure, you know. Somewhere else it might have been more of an issue. All right. But uh thank you. I I fully support all this. I I wasn't planning on showing up and then I heard uh there were some people that might be opposed to all this. It's like Why? Yeah. But uh That's all. That's all I have to say. Thank you. We appreciate you. Okay,

1:04:02thank you. Thank you very much.

1:04:04Right, right.

1:04:06All right. Is there anything the applicant would like to add to that?

1:04:14Not really. Like I said, it's a pretty much open and close case. And it and the the other thing is is like you said, these certain areas at the end of these canals They're not even allowed to have a boat ramp. There's certain houses in certain places that because the area is in a corner, only fifteen feet, maybe, of his fifty foot property is seawalled, but you have the other one coming in, so Those are irregular situations, but they are on certain canals in

1:04:44that neighborhood. I think it was just unfortunate for the man. And it's been two years because of the flood, so everything got pushed back. So he'll be happy just to see this go through and know that he can keep his pool.

1:04:56Yeah, I'm sure he would be, yeah. Okay, well thank you.

1:05:01All right. Um so do I have a motion? Yeah I'd move to

1:05:06recommend approval. Well we

1:05:08are the five we are the decision.

1:05:09Not a recommended decision.

1:05:11Okay. Well

1:05:11then move to approve the variance. Second. A second for the discussion of the motion.

1:05:22When you make a mistake. You admit to it. And you fix it. And Mr. Engel, I hope we will Refund.

1:05:34The applicant's fee for the variance. That's not his fault. He applied his contractor applied for the permit. He was granted a permit. I am very familiar with this section of the code, because I have done a lot of pools and gulf harbours. I know all about this section. The building department made an honest mistake. Not saying there was Something bad happened, but when you make a mistake you admit to it. Why should the applicant

1:06:04have to pay They had to pay the cost of advertising, they had to pay the application fee, whatever other paperwork they needed to fill out. Somebody should eat that. You know, we just recently had a case before the board. where the building department issued a permit for a mobile home where they shouldn't have and the county had to buy that mobile home and buy the guy a modular home. to make it legal under the zoning code.

1:06:33I don't think it's that much of a burden on the county to eat the fees for this one. I'm and I'm disappointed. And I'm gonna I'm gonna tell you something. I'm trying to say this Without being overly nasty to staff, but I thought it was very disingenuous to come up here and not include in your presentation that this was an error. Made by the building department. That's a material fact to this case. You know, it was omitted from the presentation. I had to ask for it.

1:07:03Well thank you Mr. Moody. David Engel, Planning and Economic Development Director. I agree we should own our mistakes. Uh I do have the delegated authority to waive the fee and I will do so. I did I wasn't aware of all this background. Thank you.

1:07:17Thank you, Dave. Appreciate that. All right. We have a motion and we have a second. All in favor of the motion? Signify by saying aye. Aye. Uh. Opposed, like sign? All right. Problem solved.