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Building Issues

New or modified dwelling conformity within any Dearborn neighborhood is a concern shared by most every homeowner.  Due to the leadership roll the Golfcrest Country Club Estates Subdivision plays for beautiful homes, compatibility is a critical issue.

New or modified construction within the subdivision, on occasion, journeys toward  non-conformity.  This generally results in neighboring frustration.  A loss of view or  restriction of sunshine will typically lead to concern.

The following topic, Building Issues, defines the guidelines for compatibility.  If you wish to view and/or print all issues pertaining to GCCCA guidelines, these pages contain GCCCA Compatibility in Dearborn, Building Guidelines, Proposed Entrance Sign, Dead Restrictions, Zoning Updates, and Concerning Issues, will help with your upcoming concerns.

 

GCCCA Building Guidelines & Issues

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GCCCA Compatibility in Dearborn

The classic issue of Compatibility in Dearborn identifies with self-interest vs. overall, or community-wide interest. What is in the best interest for Dearborn must be the standard used to judge individual requests because all of Dearborn will eventually be affected by a continuing erosion of zoning guidelines. The Zoning Ordinance must be a foundational pillar of any community.

Once it is deemed capable of promoting what community leaders believe to be the most beneficial course for the city, its integrity must be secured and protected. That is what’s happening now.

The function of the City Council and Zoning Review Boards are not envied by many. Their job is difficult and sometimes controversial, but the outcome is truly important for the future of Dearborn. What they decide will be the Zoning Board’s job to protect and enforce.

Quality Investment: There appears to be strong opposition in some circles to closely adhere to compatibility provisions. Some believe that "any" investment in the community is advantageous, and that any attempt to apply limitations to that investment is a step toward seriously compromising Dearborn’s appeal as a place to live. Many don’t believe this is true. It must be "Quality" investment, not just any investment.

Balance: Like everything else we deal with, there is a balance that must be struck between competing interests and usually that balance requires concessions on both sides.

Well Planned Community: Obviously, we want Dearborn to be thought of as an attractive, appealing choice for new residential construction and for residential remodeling. But, we also want Dearborn to be thought of as a well-planned, community of neighborhoods, rather than a hodge-podge of individualized houses, awkwardly and haphazardly adjacent to one another.

Subdivision Harmony: When a builder designs and constructs a new subdivision, individual houses (models) will differ to some extent due to particular consumer preferences. But overall, there is also harmony that is intentionally built into the subdivision because there is "VALUE associated with that harmony". In every case, harmony is definitely reflected in the massing of the houses. Even though actual square footage between and amongst the models may differ slightly, the mass, bulk, and scale of the structures remains relatively consistent within the subdivision.

Architectural Harmony: Specific architectural elements are also repeated in these subdivisions across various models again to emphasize that, although the homes may vary in some degree in terms of floor plan, square footage, and exterior elevation, they are all a part of a unified whole. A harmonious relationship exists, one that adds appeal and value to the entire subdivision.

Compatibility Does Matter: While we don’t have the luxury of recreating all of our subdivisions from the ground up, we should take a lesson from these builders -- compatibility does matter and it matters where it means the most to most people -- on the bottom line. Does everything have to be the same? No. However, a tangible relationship should exist between individual units.

Overall City: We are a made up of collection of neighborhoods, and often referred to as the "jewels of the city", that rely on each other to make up the whole community. While each neighborhood or jewel may be different, they all bear an impact on the overall well being of this city. The Zoning Ordinance ensures that consistent rules and regulations are applied across the board for the betterment of the entire city. We must strike a balance between competing interests. These proposals move us in that direction.

Do we need to do more in the future? Perhaps. But in no case should we ever forget that the needs of the many must always outweigh the needs of the few.

 

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Please continue for additional information.

 

GCCCA Building Guidelines

One-Story Homes, Hidden 2nd Story, Architects, Neighbors & Sunshine

Shortly, this topic will be expanded……..

The issue of Building Guidelines is directly associated with the "Original Deed Restrictions."  To view the Deed Restrictions, please click here.

Another recent issue of concern is the proposed Zoning Laws.  To view Zoning Updates, please click here.

Look at Entrance Sign for more hints about what our neighborhood is all about.  To view the proposed Entrance Sign, please click here.

Click here if you want to VIEW and PRINT All documents pertaining to GCCCA.

Our Building Guidelines topic within the near future will display City of Dearborn rules, Neighbor Sign-Off Sheet, List of Architects, building examples, etc.

Stay in touch with our subdivision Building Guidelines – many residents are very concerned about this issue.

One-Story Homes:  Emphasis is placed on subdivision structures being one-story ranch style with the exception in the original provision for dwellings located on Meadowlane Road and one block on N. Brady.  There are a few hidden 1 1/2 story homes, however the 2nd floor additions on the rear are hidden from view from the street.  They however are NOT noticeable when viewed from any angle in the street.

Self-interest vs. overall, or community wide interest is extremely important as our community moves forward into the year 2001.  Quality investment with well planned community of neighborhood homes will lead us, rather than than hinder us with a hodge-podge of individualized houses, awkwardly and haphazardly constructed.  Homes such as these that are adjacent to one another will inevitably lead to individual and community financial loss.  Unless construction conformity is realized, our neighborhoods will deteriorate.

When harmonious relationship exists that adds appeal and conformity to the entire subdivision, value will be added to all residential dwellings.  Homes can vary in certain degree with relationship to floor plan, square footage, and exterior elevation, however they are all proportioned to a unified whole.

Architect:  One way to be a concerned neighbor if you are thinking of new construction is to hire an architect. If you can’t justify a professional architect, ask a minimum of 20 of your friends and neighbors for their help and opinion. Most importantly, ask your neighbors for their advise about your remodeling. Their opinions and advise are free.  Their helpful suggestions and answers may pleasantly surprise you.

Ask the people whom you bought your home from about your ideas. Quite likely they will probably offer some suggestions.

Ask your Neighbors:  Procure your neighbor’s buy-in before you go to the Dearborn Building & Safety for a permit. Ask a minimum of five neighbors (both sides, back of you and across the street).

Ask the GCCCA for guidance!

Sunshine and Sunshade (an architectural term meaning where the sun would normally shine but can't, due to an obstruction).

The following are a few questions you may want to ask yourself when thinking of new construction.

  • How does your addition affect your neighbors sunshade?

  • Does the sunshine still come through to your neighbor’s home?

  • Does the sunshine still come through to your neighbor’s property?

  • Does the sun still shine on his or her home?

  • Does your new addition block the sun to your neighbors?

  • Will your neighbor's grass, shrubs, and plants grow?

  • Will the growth of your neighbor's trees be hindered?

Two story homes with two-story vertical walls tend to block the sun more than one-story homes, especially those with 4:12 roof pitches.

For example, think of a two-story home or two-story duplex with the broad front lying East to West with a one-story wall on the South side. The South side neighbor will not be affected much. However, the two-story construction will affect the neighbor on the North side for two reasons --- the two story plus vertical wall and for being on the North side of the new construction. In addition, the resale value of both homes are severely affected by the new construction.

Trees can flourish between one-story homes, but have difficulty living next to a two-story home.

Zoning Proposals:  The issue of new construction, big foot homes, remodeling, and 51% compatibility within the City of Dearborn and our subdivision is a subject that is being resolved.  With specific guidelines available to homeowners, all can live in harmony.  Please be a concerned neighbor and stay with this subject while the guidelines are being defined...

In summary, the sun won’t shine where shade exists...

 

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Entrance Sign

Other sub-divisions have entrance signs and it appears that many of you want one, too. While it may be difficult to qualify with the Michigan Registry of Historical Homes, we can install one similar to it. We are proposing installing one or two signs --- Where do you think they should be located? A draft of the two-sided sign is attached. Also, please advise Al Rice, or any of the other Board members, if you know the name of the architect who designed your home.

A section is also available called "Architects."  The section includes a directory with Name, Address, and Architect.  We have heard from some of the subdivision residents regarding their architects, but are looking for more responses.  Please forward the information for your home so others can share the history of your architect.

Golfcrest Country Club Sub-Division
Entrance Sign 1st Side Proposal

Golfcrest Country Club Estates

The City of Dearborn is proud of the Golfcrest
Country Club Estates subdivision and its unique
Frank Lloyd Wright 1950's predominate theme
of one-story ranch homes on wide lots.
Originally Henry Ford, inventor of the Model T,
owned the naturally wooded property, and
Leys Ritenour, Irving Im'Oberstag and Nathan
King developed it in the 1950s. The majestic
Henry Ford Estate is located across the Rouge
River and was initially designed by Mr. Wright's
student, Marion Mahony Griffin, and landscape
architect Jens Jensen.  The beautiful Dearborn
Country Club, developed by Henry Ford, is
adjacent to the subdivision, as is the impressive
contemporary styled First Presbyterian Church.
This church and several of the timeless, traditional
ranch homes were designed by Alden Dow
and Bradley Storrer who were students of the
famous architect Frank Lloyd Wright. The homes
reflect Mr. Wright's concepts of innocuous and
somewhat hidden entrances, and low sloping roof
lines that blend in with the trees and surrounding
environment.

_______________________________________________

Golfcrest Country Club Sub-Division
Entrance Sign 2nd Side Proposal

Golfcrest Country Club Estates

Golfcrest Country Club Estates subdivision is
predominately comprised of spacious one-story
ranch homes and a few hidden second stories
on wide, half-acre lots (except Meadowlane and
one block on Brady that have two-story colonials.

Mayor, Council, GCCCA Board, Entrance Sign Committee, Date

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Deed Restrictions

DECLARATION OF RESTRICTIONS
COUNTRY CLUB ESTATES

THE UNDERSIGNED, LEYS R. RITENOUR, IRVING F. IM’OBERSTAG and NATHAN KING, BEING THE OWNERS, as joint tenants with right of survivorship, and not tenants in common, of property located in the City of Dearborn, County of Wayne and State of Michigan, which said described land comprises all of the lots in a purposed sub-division to be known as Country Club Estates Sub-division, hereby declare that the following restrictions constitute a general plan for the development of said sub-division, and all future conveyances of any part thereof shall be subject thereto.

Such restrictions shall run with the land be effective until January 1, 2009, and may be extended for additional periods thereafter, in each case by recording, prior to said date or to the expiration date of any extension thereof, an agreement to that effect signed by the owners of at least 60% of the area of land in said sub-division, exclusive of land occupied for highways, governmental or school purposes.

Invalidation of any one of these covenants by judgment or court order shall in no way effect any of the other provisions which shall remain in full force and effect.

1. All lots in the track shall be known and described and used as residential lots and no structures shall be erected, altered, placed or permitted to remain on any residential building plot other than one detached single-family dwelling not to exceed two stories in height and a private garage for not more than three cars.

2. No building shall be erected, placed or altered on any building plot in this sub-division until the building plans, specifications and plot plan showing the location of such building have been approved in writing as to conformity and harmony of external design with existing structures in the sub-division and as to location of the building with respect to topography and finished ground elevation by Leys R. Ritenour, or someone designated by himself, Irving F. Im’Oberstag and Nathan King, or the survivors of them and the said Leys R. Ritenour, or his successor shall have full authority to approve or disapprove the design, type of construction and location in said sub-division. In the event said Leys R. Ritenour or his successor fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to him, such approval will be presumed to have been given and this covenant will be deemed to have been fully complied with. Neither Leys R. Ritenour or his designated successor shall be entitled to any compensation for services performed pursuant to this covenant.

The powers and duties of Leys R. Ritenour or his designated successor shall cease on and after January 1. 1960. Thereafter, the approval described in this covenant shall not be required unless, prior to said date and effective thereon, a written instrument shall be executed by the then record owners of a majority of the lots in this sub-division and duly recorded appointing a representative or representatives who thereafter exercise the same powers previously exercised by said Leys R. Ritenour, or his successor.

3. The front of all buildings in this sub-division shall be located forty (40) feet from the front lot line and no building shall be nearer than ten (10) feet to any side lot line.

4. No more than one dwelling per lot as per originally planned shall be constructed in said sub-division.

5. No noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may become any annoyance or nuisance to the neighborhood.

6. No trailer, basement, sent, shack, or garage erected in the tract shall be at any time used as a residence temporarily or permanently, nor shall any structure of a temporary character be used as a residence.

7. The following limitations are hereby placed upon the following structures as to a square foot of ground floor area, as follows: all one story houses shall have not less than 1.200 square foot ground floor area, exclusive of garage or breezeway; all one and one-half story houses to have not less than 1.200 square foot ground floor area; all full two story houses to have not less than 900 square foot ground floor area.

8. All garages in this sub-division must be attached to houses either directly or with breezeway, and must be constructed the same time as the house.

9. The exterior walls of all dwellings, including garages, in this sub-division shall be brick, masonry or stone construction, except frame may be used (or decorative purposes not to exceed fifty (50%) per cent of exterior walls. Cement or cinder blocks are prohibited, unless the exterior walls are stuccoed or painted to the satisfaction of Leys R. Ritenour or his successor.

1. By a substitution of authority, this function is now the responsibility of the Association. Building plans are reviewed by the Association’s Building and Plans Committee.

10. No professional or commercial business of any kind, including rooming houses and beauty parlors, can be conducted in this sub-division.

11. Parking of commercial vehicles and trailers is prohibited in this sub-division, except as temporarily necessary in making delivery therein.

12. The building grade on all lots in this sub-division will be fifteen (15) inches above the front Street sidewalk grade.

13. All dwellings when constructed in this sub-division must face the front of lot, provided that, subject to municipal regulations, dwellings on lots, 60, 84, 85, 98, 112, 131, 132, 143, 144, 155, 175, 189, 190, 198, 201, 210, 214, and 223 may front on either street bordering said lots.

14. No out building of any kind will be permitted in this subdivision, and no poultry or live stock stored or raised therein.

15. All public utility connections shall be installed underground from the easement.

16. The height of all one-story houses shall be not less than eighteen feet (18 ft.), nor more than twenty feet (20 ft.), and one and one half story houses not more than twenty-three feet (23 ft.) measured from grade line to peak of roof.

17. Only one and one-half and two story dwellings shall be erected on lots 144 to 154 inclusive. 180 to 200 inclusive, 210 to 214 inclusive, and 223 to 226 inclusive. On all other lots, either one or one and one-half story dwellings may be erected.

18. The natural grade or contour of the land as now existing shall not be changed or altered by fill or excavation on lots 21, 22, 23, 24, 63, 64, 80, 81, 114, 115, 129, 130, 155, 156, 157, 166, 167, 174, 179, inclusive 201, 202, 208, 209, 215, 216, 217, 220, and 221, nor shall the ravine adjoining said lots be filled, or the natural flow of water therein be diverted or obstructed in any way, without the approval of Lays R. Ritenour or his successor.

19. Garage entrances on any lots adjacent to Cherry Hill Road shall be from the front or rear only.

DECLARATION OF RESTRICTIONS
GOLF CREST

THE UNDERSIGNED, LEYS R. RITENOUR AND ESTER RITENOUR, his wife, being the owners of property located in the City of Dearborn, County of Wayne and State of Michigan, which said described land comprises all of the lots in a subdivision to be known as Golf Crest Subdivision, hereby declare that the following restrictions constitute a general plan for the development of said subdivision, and all future conveyances or any part thereof shall be subject thereto.

Such restrictions shall run with the land and be effective until January 1, 2009, and may be extended for additional periods thereafter, in each case by recording, prior to said date or to the expiration date of any extension thereof, an agreement to that effect signed by the owners of at least 60% of the area of land in said subdivision, exclusive of land occupied for highways, governmental or school purposes.

Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.

1. All lots in the tract shall be known and described and used as residential lots and no structures shall be erected, altered, placed or permitted to remain on any residential building plot other than one detached single-family dwelling not to exceed two stories in height and a private garage for not more than three cars.

2. No building shall be erected, placed or altered on any building plot in this sub-division until the building plans, specifications and plot plans showing the location of such building have been approved in writing as to conformity and harmony of external design with existing structures in the sub-division, and as to location of the building with respects to topography and finished ground elevation by Leys R. Ritenour, or someone designated by himself, or the survivor of him; and the said Leys R. Ritenour, or his successor, shall have full authority to approve or disapprove the design, type of construction and location in said sub-division. In the event said Leys R. Ritenour, or his successor, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to him, such approval will be presumed to have been given, and this covenant will be deemed to have been fully complied with. Neither Leys R. Ritenour or his designated successor shall be entitled to any compensation for services performed pursuant to this covenant. The powers and duties of Lays R. Ritenour or his designated successor shall cease on and after January 1. 1960. 1./ Thereafter, the approval described in this covenant shall not be required unless, prior to said date and effective thereon, a written instrument shall be executed by the then record owners of a majority of the lots in this sub-division and duly recorded appointing a representative or representatives, who shall thereafter exercise the same powers previously exercised by Leys R. Ritenour or his successor.

3. The front of all buildings in this sub-division shall be located forty (40) feet from the front lot line and no building shall be nearer than ten (10) feet to any side lot line. Lot numbers 4, 5 and 6, 10 and 11. 18 and 19 will not be governed by the forty (40) foot setback, but must be not less than forty (40) feet and the location of the building must be approved by Leys R. Ritenour or his successor.

4. No more than one dwelling per lot as originally plaited shall be constructed in said sub-division.

5. No noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may become any annoyance or nuisance in the neighborhood.

6. No trailer, basement, tent, shack, or garage erected in the tract shall be at any time used as a residence temporarily or permanently, nor shall any structure of a temporary character be used as a residence.

7. The following limitations are hereby placed upon the following structures as a square foot ground floor area as follows; all one story and one and one-half story houses shall have not less than 1500 square foot ground floor area, all two story houses shall have not less than 1000 square foot ground floor area, exclusive of garage and breezeway.

8. All garages in this sub-division must be attached to houses either directly or with breezeway, and must be constructed the same time as the house.

9. The exterior walls of all dwellings, including garages, in this sub division shall be brick, masonry or stone construction, except frame may be used for decorative purposes not to exceed fifty (50%) per cent of exterior walls. Cement or cinder blocks are prohibited, unless the exterior walls are stuccoed or painted to the satisfaction of Leys R. Ritenour or his successor.

1. By a substitution of authority, this function is now the responsibility of the Association Building plans are reviewed by the Association’s Building and Plans Committee.

10. No professional or commercial business of any kind, including rooming houses and beauty parlors, can be conducted in this sub-division.

11. Parking of commercial vehicles and trailers is prohibited in this sub-division, except as temporarily necessary in making deliveries therein.

12. The building grade on all lots in this sub-division will be fifteen (15) inches above the front Street sidewalk grade as established by City of Dearborn Engineers.

13. All dwellings when constructed in this sub-division must face the front of lot.

14. No out building of any kind will be permitted in this sub-division and no poultry or live stock stored or raised therein.

15. All public utility connections shall be installed underground from the easement.

16. The height of all one story houses shall be not less than sixteen (16) feet, nor more than twenty (20) feet; one and one-half story houses not more than twenty-three (23) feet; and on the full two story house not more then twenty-six (26) feet measured from building grade line to peak of roof.

NOTE:

ALTHOUGH THE FOLLOWING ITEMS ARE NOT COVERED BY THE ABOVE RESTRICTIONS, THE CONCENSUS OF RESIDENTS IN BOTH SUB-DIVISIONS IS THAT GOOD NEIGHBORLINESS IS NOT ENHANCED BY THE FURTHER ERECTION OF FENCES, THE BUILDING OF PATIOS NEXT TO LOT LINES. AND THE PARKING OF RESIDENT’S AUTOMOBILES ON THE SUB-DIVISIONS BE KEPT OFF OF THE GOLF COURSE.

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Zoning Updates

The following is an update regarding changes in the current zoning laws.

The purpose of this letter is to update the members of the Golf Crest Country Club Civic Association regarding changes in the current zoning laws. The intent is to protect the compatibility, harmony and conformity in the Subdivision that was previously enforced by attachment to the property deed.

The last two years have witnessed the construction of several units that were approved by the city without compatibility considerations. In the last year, the Board of Directors has worked, along with the Federation of Associations support, to change its policy.

For proposed exterior changes, the compatibility issue has been moved from the City Building Department to the Zoning Board of Appeals (Z.B.A.). All residents living within a three hundred-foot radius of the proposed project must be notified of a modification to a structure. The plans will be available for review by these affected residents at the Z.B.A. office located at the Dept. of Building and Safety. A notice of at least one-week prior to the Z.B.A. meeting will be required and if the review of the proposed work is objectionable, then the residents should organize to state their opposition at the Z.B.A. meeting. The Association will support these organized members. The primary consideration is compatibility, the one issue to which the Z.B.A. guidelines are directed. Primary attention would be given to: the mass of the proposed work, the height, yard encroachment, the color of the brick and overall look of conformity to existing neighboring homes.

Present zoning laws do moderately protect us. City Policy dictates front yard set back while zoning law spells out rear and side yard restrictions. The parking of commercial vehicles, boats, and motor homes in residential areas, as well as businesses operating from homes, is prohibited. Yard backfilling requires City approval. Backfilling along drainage ditches is to be done only with approval by City of Dearborn Engineering.

Banning detached storage units and open storage of any material, firewood, building products, unless contiguous to the primary unit is still under consideration.

The City of Dearborn is reviewing and updating its zoning laws. When these laws are complete, the Board intends to issue a pamphlet letting you know what laws you may use to protect your subdivision from undesired variances.

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Concerning Issues

One of the most popular issues in Dearborn today concerns residential construction.  This issue is becoming increasingly popular within all boundaries of the city. Widespread concern of compatibility construction is a major issue needing resolvement.  The following article expressed the concerns of the Dearborn Planning Commission and their ordinance proposal.  This issue has entered our subdivision and is a very pressing issue the Golfcrest Country Club Association is involved with.

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The following article was written by Gary L. Thompson, Times-Herald Staff Writer and appeared in the July 5, 2001 edition of the Times-Herald Newspapers.

 

Dearborn struggles with zoning compatibility rules

Dearborn Planning Commission will schedule a vote at its July meeting on whether to recommend the passage of new zoning ordinances aimed at enforcing more compatibility in construction.

The commission had decided to hold a special study session solely dealing with the proposed ordinances, after encountering strong opposition from several builders.

One ordinance change would quantify what the city means by its present requirement for new construction to blend in with surrounding neighborhoods. The components of compatibility are to include the front facade, height and bulk (defined as indicating the size and setbacks of buildings, and location in respect to each other). The other ordinance change would send certain variance requests to the City Council rather than the ZBA.

Planning Commission Chair Linda Hallick took issue with the proposed ordinance, saying the city already has vehicles for dealing with the issues that the ordinance is supposed to address. Lot coverage, setbacks and closeness of houses to each other was of prime importance, Hallick said, but the current laws were being negated by variances granted by Zoning Board of Appeals variances, or by builders who ignore the laws and are permitted to do it.

One of the commissioners’ key discussions regarded the requirement of compatibility with 51 percent of the homes within 300 feet, whether it should be a radius of 300 feet from the property, or if the zone should be rectangular (Dr. Tawfiq Hassan said that homeowners would likely be primarily concerned about the homes on either side of theirs, facing their back yard, and across the street).

City Planner John Nagy and City Attorney Debra J. Walling promised to present two or three proposed methods of measuring the area of compatibility.  The commission was told that the proposed ordinance language had simply adopted the 300-foot standard for notifying neighbors of proposed zoning changes, and that language could easily revised. Objections were raised to requiring compatibility with rear homes on a separate street, with ZBA member Janet Burg raising the question of enforceability since she and other ZBA members were not supposed to go into backyards when examining a site.

Jewel Morrison, president of the Dearborn Federation of Civic Associations, said that the local homeowner associations were having trouble agreeing exactly what is compatible. However, she told the commission, they certainly want compatibility to some extent; and that if a new house’s size, difference in look, or lot coverage proved to be "overpowering;" the neighbor-hood associations "are pretty well in agreement" that would not be compatible.

Some builders continued to attack the proposed ordinance. One proposed provision particularly targeted was requiring builders use red brick (this pro-vision was in the city’s zoning law for years, but was dropped in the 1993 revision of the city’s zoning).

The second ordinance would send variances more than 20 percent from city standards to the city council rather than the ZBA. Through extended discussion, the commission clarified that it would be Nagy who would make the decision to send the variance to the council, if he found the proposed use did not match the city’s master plan for the area.

________________________________________________________________

The following article was written by Gary L. Thompson, Times-Herald Staff Writer and appeared in the May 2, 2001 edition of the Times-Herald Newspapers.

 

Residential construction ‘compatibility’ rules to be considered at public hearing

The Dearborn Planning Commission will hold a public hearing May 7 on whether the City Council should pass proposed ordinances aimed at enforcing "compatibility" with existing neighborhoods in new residential construction.

The proposed ordinance changes being reviewed by the 7 p.m. meeting in the City Hall council chambers would make new buildings conform in front facade, height and bulk to 51 percent of the other homes within 300 feet. Another proposed ordinance change would put any requested use variance deviating more than 20 percent from the zoning ordinance before the council, rather than before . the Zoning Board of Appeals.

City Attorney Debra A. Walling said that she had worked with City Planner John Nagy to draft the proposed ordinance changes, in response to concerns she had received from the council, and also from the Building & Safety Department and Zoning Board of Appeals chair. Walling said that the council would like to make it clear that new homes and additions to existing homes should blend in with the neighborhood.

There was concern that ZBA variances were making a "mishmash" neighborhood compatibility, such as bulk— i.e.; mass, size and density, such as a two-story home next to ranches or 1 1/2-story homes. Walling said she would not discuss a proposed restoration of the city’s former standard requiring red-brick, as she was still researching whether that provision could stand up in court today.

It is hoped that the new ordinance would cut the workload of the ZBA, Walling said, whose volunteer members now spend time driving around examining around 20-40 lots prior to meetings. The meetings often last past midnight, according to Walling.

_____________________________________________

The following are Design Standards, Brick Color, Variances and Appeals

 

Section 2.05 - RESIDENTIAL DESIGN STANDARDS
A. General Requirements
    
7.  Compatibility with Other Residences

New and existing residential structures, including mobile homes and manufactured dwellings, shall be aesthetically compatible with other residences in the vicinity, with respect to the front facade, height and bulk.  To assess compatibility, the Director of Building & Safety shall evaluate the bulk, front facade, height, design and position of windows, exterior wall colors and color combinations, and other features of the proposed structure in relation to the majority (51%) of the nearest three existing structures on each side and to he rear of the proposed structure, as well as the 7 structures across the street from the proposed structure.  A lesser number of structures may be considered if any of those structures do not exist.

13. Brick Color

All NEW RESIDENCES are to be finished on e exterior with red-range face brick on color and texture approved by the Building and Safety Department.  However, in residential developments of at least five or more new houses in a group, a variation in established color and texture of face brick may be permitted for up toe 20% of such new houses,  Such proposed variation shall be subject to the review and recommendation of the City Planner and the Director of he Building and Safety Department.  (note: this was Section 501(d) in the "old zoning ordinance).

Section 32.05 - VARIANCES AND APPEALS
A. Intent
     

The purpose of this Article is to provide guidelines and standards to be followed by the City Council and the Zoning Board of Appeals in considering requests for variances and appeals, where the jurisdiction of the Board of Appeals has been established by these regulations or by Michigan Public Act 207 of 1921, as amended.

C. Purpose of Variances and Appeals
    2. Variances

Where there are practical difficulties preventing a property owner from conforming with the strict letter of the Zoning Ordinance, the Zoning Board of Appeals shall have the power to authorize variances from the standards in these regulations, with such conditions and safeguards as it may determine to be necessary so that the spirit of these regulations is observed, public safety secured, and the substantial justice done.

 

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