Linda Manson-Dempsey asked for an
update on the Radick situation.
said she received a letter from the Radicks’ attorney and a copy of a
letter/invoice from a veterinarian stating that 12 dogs were debarked on
September 16, 2005
.Ms. McNamara talked with the
neighbors, who haven’t heard much lately.Mc. McNamara will check on the situation again in the late spring.
Larry Fillinger motioned to approve
the agenda as presented.Linda
The members of the Zoning Board of
Appeals introduced themselves.
CALL TO THE PUBLIC
APPROVAL OF MINUTES
November 7, 2005
Manson-Dempsey motioned to approve the minutes as presented.Dan Rossbach seconded.Motion
December 5, 2005
Fillinger motioned to approve the minutes as presented.Linda Manson-Dempsey seconded.Motion
ZBA Case #12-05—Jimmie & Jodie McCracken
John Lowe asked Jimmie McCracken to summarize the situation.Mr. McCracken said he called the Livingston County Building
Department and was told he didn’t need a permit to put up a pole barn.Mr. McCracken said he didn’t know the township required a permit.At the time his house was built, the builder took care of everything.
John Lowe said the aerial photos and the drawings submitted show the pole
barn about 26 feet from the lot line.Mr.
McCracken said that’s correct.Linda
Manson-Dempsey asked who Mr. McCracken talked to at the building department.Don Ewald, who was present with Mr. McCracken, said he believes it
was Bill Mosely.Ms.
Manson-Dempsey asked who built the barn.Mr. McCracken said that Mr. Ewald’s crew built it as a side job.John Lowe said a variance was granted in 2000 for a breezeway and
garage, which Mr. McCracken was aware of.The variance he’s requesting for the pole barn is 74 feet.Ms. Manson-Dempsey asked how long the barn has been up.Mr. McCracken said about nine months.Ms. Manson-Dempsey said that makes the situation 100% self-created.Mr. Ewald said he talked with the building department about
agriculture zoning.The ZBA
members all agreed that the building department wouldn’t have advised Mr.
McCracken to build without a permit.
The ZBA discussed alternate locations for the barn.Mr. McCracken feels this is the only suitable location.The ZBA members feel there are alternative locations.Larry Fillinger suggested purchasing 74 feet of the neighbor’s
parcel to make the barn conforming.Mr.
McCracken said he’s buying the neighbor’s house next year.Mr. McCracken asked about having the property zoned agricultural.John Lowe explained that the township doesn’t have agricultural
Linda Manson-Dempsey motioned to deny ZBA Case #12-05, Parcel
ID 4710-18-200-035, based on the following criteria:
the strict enforcement of the provisions of the township’s zoning
ordinance would cause an unnecessary hardship and deprive the owner of
rights enjoyed by all other property owners owning property within the
same zoning district.
The applicant has not provided
sufficient proof that would entitle him to a variance.The applicant is not being deprived of any rights commonly enjoyed by
other property owners in the district in regard to the placement of the pole
conditions and circumstances unique to the property, which are not
similarly applicable to other properties in the same zoning district.
There are no unique conditions or
circumstances.This is a
standard flag lot.
conditions and circumstances unique to the property were not
The conditions and circumstances
appear to be totally self-created.
the requested variance would not confer special privileges that are
denied other properties similarly situated in the same zoning district.
Granting the requested variance
would give special privileges to this property that would not be enjoyed by
other people with the same zoning.
the requested variance would not be contrary to the spirit and intent of
this zoning ordinance.
Granting the variance would be
contrary to the spirit and intent of the zoning ordinance.
difficulties shall not be deemed solely economic.
Economics are not an issue in this situation.
Larry Fillinger seconded.Roll call vote:Dan
Rossbach, Linda Manson-Dempsey, Larry Fillinger, John Lowe, Dan Lowe—all
yes.Motion to deny carried
Mr. McCracken asked if he bought the property in front of
his, is it fine?John Lowe said
no.Mr. McCracken asked about
adding another garage to his house to extend it over.Mr. Lowe said it has to stay behind the front of the house.He advised Mr. McCracken to discuss the options with the zoning
administrator and submit drawings for review.
CALL TO THE PUBLIC
Manson-Dempsey motioned to adjourn the meeting at
Larry Fillinger seconded.Motion carried 5-0.