ZONING BOARD OF APPEALS
Monday,
January 9, 2006
7:30
p.m.
AGENDA
and DRAFT MINUTES
CALL TO ORDER:
MEMBERS PRESENT:
CALL TO PUBLIC:
Agenda Items only – 3 minute limit
APPROVAL OF AGENDA:
January 9, 2006
APPROVAL OF MINUTES FOR:
November 7, 2005 Regular Meeting
December 5, 2005 Regular Meeting
OLD BUSINESS:
NEW BUSINESS:
ZBA Case # 12-05 – Jimmie
& Jodie McCracken
CALL TO PUBLIC:
ADJOURNMENT:
DRAFT MINUTES
MEMBERS PRESENT:
John Lowe, Dan Lowe, Linda Manson-Dempsey, Larry Fillinger and
Dan Rossbach
MEMBERS
ABSENT: None
OTHERS
PRESENT:
Mike Kehoe, Township Attorney
Annette McNamara
, Zoning Administrator
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CALL TO ORDER
John Lowe called the meeting to order at
7:31 p.m.
APPROVAL OF AGENDA
NEW BUSINESS
ZBA Case #12-05—Jimmie & Jodie McCracken
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
zoning.
Linda Manson-Dempsey motioned to deny ZBA Case #12-05, Parcel
ID 4710-18-200-035, based on the following criteria:
- How
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
barn.
- The
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.
- The
conditions and circumstances unique to the property were not
self-created.
The conditions and circumstances
appear to be totally self-created.
- Why
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.
- Why
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.
- The
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
5-0.
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
None.
ADJOURNMENT
Linda
Manson-Dempsey motioned to adjourn the meeting at
8:01 p.m.
Larry Fillinger seconded.
Motion carried 5-0.
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