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MARION TOWNSHIP
ZONING BOARD OF APPEALS
MINUTES OF OCTOBER 7, 2002
MEMBERS PRESENT: John Lowe, Dan Rossbach, Dan Lowe, Linda Manson-Dempsey,
and Larry Fillinger
MEMBERS ABSENT: None
OTHER PRESENT: Annette McNamara, Zoning Administrator
Mike Kehoe, Township Attorney
CALL TO ORDER
John Lowe called the regular meeting of the Zoning Board of Appeals to order at 7:32 p.m.
APPROVAL OF AGENDA
Amended agenda to delete July 1 and August 21, 2002 minutes because they have already been approved.
Linda Manson-Dempsey motioned to approve amended agenda of October 7, 2002. Larry Fillinger seconded.
Motion carried 5-0.
APPROVAL OF MINUTES
August 5, 2002
Linda Manson-Dempsey motioned to approve the minutes of August 5, 2002 as presented. Dan Rossbach
seconded. Motion carried 4-1. Larry Fillinger abstained.
August 21, 2002
Larry Fillinger motioned to approve the minutes of August 21, 2002 as presented. Linda Manson-Dempsey
seconded. Motion carried 5-0.
OLD BUSINESS
ZBA Case number 15-02: Kay Miller
Ms. Miller stated she would like to rebuild barn that recently burned down. She has come before the ZBA
previously and has considered relocating the barn. She cannot rebuild in a different location because of the terrain
behind the site suggested by the ZBA drops off and she would not be able to drive in and out of that area. Kay
stated she has lowered the side walls to 14 foot from her original drawing of 16 foot. This allows her to install a 12
foot door to enable storing of the farm equipment.
CALL TO PUBLIC:
Catherine Szabelski- Pingree Howell, MI, stated she moved to area because she enjoys the farmland
atmosphere and is not opposed to her rebuilding the barn.
Jane Souto- Pingree Howell, MI, stated she is not opposed to the rebuilding of the barn and enjoys the
neighborhood.
Kimm Buckmaster- Pingree Howell, MI, stated she would like to see the barn replaced.
Steve Lowe- Pingree Howell, MI, stated he lives directly across the street and is not opposed to the new barn.
Ken Godfrey , Pingree Howell, MI, stated that he would like to see Ms. Miller rebuild but move the location.
If this building is allowed he would like to build a warehouse on his property next door.
John Lowe asked Mr. Kehoe his opinion of the proposed building. Mr. Kehoe stated it is within the ZBA's
authority to request the building be moved back away from the road.
Lengthy discussion took place in regard to why this existing plan cannot be altered with Ms. Miller.
Motion
Larry Fillinger motioned to grant variance for ZBA case number 15-02 for Kay Miller relaxing Zoning Ordinance
6.07, section 1 and 3, reasons: due to general and practical difficulty due to conditions of the property, the
circumstances of original barn burning by no fault of the property owner, the variance will only relate to property
controlled by the applicant, and it will be in harmony with the general purpose and intent of this ordinance, there
will be no adverse effect on the surrounding property, property values and use of enjoyment of property in the
neighborhood. Also, building will be constructed at a minimum of 125 foot of the right of way, constructed with
cultured stonework at the base and vinyl scallops at the top portion of the building. Referring to the plan submitted
on October 7, 2002. Linda seconded. Roll call vote: Manson-Dempsey-yes, Fillinger-yes, John Lowe-no, Dan
Lowe-no, Dan Rossbach-no. Motion failed.
ZBA case number 14-02: Joseph DeKroub
Mr. DeKroub is here for 3 variances. He will post a bond for the existing barn to remain unoccupied. He will be
keeping 200 acres of land vacant adjacent to property for hunting
proposed. He will not be removing any of the
trees or brush along the east side of the road, silt fence will be installed to protect the line. Zoning Administrator
will visit site with Mr. DeKroub and determine how many trees are needed to complete the visual barrier. Road
will be constructed with blacktop paving and maintained by the association. Road length must be a permanent
easement for two access points.
Residents were properly notified.
CALL TO PUBLIC
None
Motions
Linda Manson-Dempsey motioned to grant ZBA case number 14-02 for DeKroub Section 8.01d 2 c uses permitted
by right subject to special conditions: approve split for parcel 1-20 acres with no house but an existing barn, asking
for a $5,000 bond to cover the barn so that there are no uses contrary to Township ordinances. Section 6.07 -
approval of 97 foot front yard variance when road is constructed for barn. Reasons for variance: unique
circumstances with barn already existing on 20 acre parcel and road will be going in after the property is split, it
will only relate to property under the owner's control. Strict compliance to the zoning ordinance would require
barn to be removed. Referencing plan submitted by Desine Inc. number 9625-625U-ALX on October 7, 2002. Dan
Rossbach seconded. Roll call vote: Rossbach-yes, Lowe-yes, Manson-Dempsey-yes, and Lowe-yes. Motion
carried 4-0-1. Fillinger abstained.
Dan Rossbach motioned to grant Z BA case number 14-02 for DeKroub allowing a 2700 foot variance for Section
6.20 G., provided permanent easement be granted to Buekelew and Clausen, curb and guttered for the first 1400
feet off of Sexton road. Referencing plan submitted on October 7, 2001 by Desine Inc., number 9625-625U-ALX.
The Zoning Administrator will visit site and determine number of trees to complete the visual barrier on the first
1400 foot of road. This variance complies with a 5.05 c2, the variance allows to preserve the topography of the
wetlands, large open parcels, and will allow adjacent owners, Buekelew and Clausen, permanent easement. Linda
Manson-Dempsey seconded. Roll call vote: Lowe-yes, Manson-Dempsey-yes, Lowe-yes, Rossbach-yes. Motion
carried 4-0-1. Fillinger abstained.
NEW BUSINESS
ZBA case number 17-02:Hoffman-(Pro Bros)
Don Provenzola is requesting a variance from the 4:12 pitch roof to a 1:12 pitch to allow a sun porch installed at the
Hoffman residence. There was an error made on the application stating a 4:12 pitch roof was to be installed. The
structure has been installed at the Hoffman residence and upon final inspection by the Zoning Administrator, it was
discovered that the pitch is 1:12.
Don also requested ordinance be eliminated to allow a 1:12 pitch roof. John Lowe suggested he come to the
Planning Commission meeting on October 22, 2002 to address this concern.
CALL TO PUBLIC
None
Motion
Larry Fillinger motioned to approve variance relaxing Section 6.07, 1and 3 due to general and practical difficulties
due to topographical conditions... allowing a 1:12 pitch roof on the sunroof. To relax 6.22c and allow a 1:12 pitch
where as ordinance calls for a 4:12 pitch due to the applicant showing practical difficulties or special conditions
that do not result from actions of the applicant. Also, there are practical difficulties preventing the strict
enforcement of this ordinance, due to the addition being a pre-engineered package which was installed by a licensed
contractor. Additionally, there are practical difficulties due to the pitch of the roof with the windows of the second
floor of the original structure. Dan Rossbach seconded. Roll call vote: Lowe, Rossbach, Lowe, and Fillinger-yes.
Manson-Dempsey abstained. Motion carried 4-0-1.
ZBA case number 18-02: Ward
Chris from Advantage Civil Engineering presented plans and gave overview of the 5 variances being requested. He
has received recommendation from the Planning Commission for the proposed site plan contingent upon the Zoning
Board of Appeals approving 5 variances. The four are:
1. Reduce K value, increase slope from 5% to 6.38%.
2. To allow shift in the center of the road
3. To allow a 90 degree turn in road around existing house
4. Eliminate 25 foot landscape buffer
Mr. Kehoe stated it is his understanding that the Planning Commission denied the private roads, and that if the
variances are granted they still must go back to the Planning Commission. For further clarification, Mr. Kehoe
read the ordinance:
The Zoning Board of Appeals shall not grant a variance with the above stated construction standards or
road geometrics unless the Planning Commission has indeed provided a recommendation on the variance
request. The Planning Commission and Zoning Board of Appeals shall consider.
Mr. Kehoe stated the issue must go back to the Planning Commission for their input in regard to variance request
and five listed items. They must review the request in regard to Section 6.20 b 1-5:
1. Anticipated traffic flows will not overburden the proposed roadway design.
2. Unusual topographic conditions constrain roadway design.
3. Roadway design will preserve natural features on the site.
4. Stub road connections do not exist nor are such connections feasible.
5. Proposed roadway will be constructed with curb and gutter.
Jim Barley, the attorney for Mr. and Mrs. Ward, is present and asked to clarify that at the point when the variance
was requested from the ZBA why wasn't it directed back to the Planning Commission. Mr. Kehoe clarified that the
issue must come before the ZBA and then they can refer it back, there is no in-house process that could have been
completed.
Chris will return to the Planning Commission to get their input on the items listed in Section 6.20 b 1-5, they will
then return to the ZBA, get or not get variances, go back to Planning for private road approval, then to the Board
for their approval.
CALL TO PUBLIC
None
Motion
Linda Manson-Dempsey motioned to direct variance request number 18-02 Ward, back to the Planning
Commission to hopefully be on their agenda for November 26 to have the 5 variances evaluated with relation to
Section 6.20 b 1-5. The evaluations by the township engineer and other agencies necessary need to be completed
by the November 26th meeting. Larry Fillinger seconded. Motion carried 5-0.
ZBA case number 19-02: Pettis
Mr. Pettis would like to put a pole barn in the front of his property. Previous barn was burnt in 1995. Lot is 3.1
acre size with a 186 foot of frontage on D-19. He would like a 12 foot opening to allow access to a large boat.
Per Zoning Administrator, this does not exceed the 3:1 ratio and this is not a flag lot ,as previously
determined. Discussion ensued regarding lot lines and where the front and sidelines are located with Zoning
Administrator and Mr. Kehoe.
CALL TO PUBLIC
Lyle Morgan , Pinckney Road, Howell, MI, stated he would like to know what the proposed plan is. He is not
opposed to the structure being built.
Motion
Larry Fillinger motioned to table ZBA case number 19-02: Pettis to investigate if precedent has been set in previous
cases and to have township planner and attorney review and advise making a recommendation with Zoning
Administrator. Linda Manson-Dempsey seconded. Motion carried 5-0.
CALL TO PUBLIC
None
ADJOURNMENT
Dan Rossbach motioned to adjourn at 10:35. Larry Fillinger seconded. Motion carried 5-0.
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