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                                 MARION TOWNSHIP

                              Draft minutes

                 ZONING BOARD OF APPEALS

                           Monday, March 1, 2004 

 

MEMBERS PRESENT:  John Lowe, Larry Fillinger, Linda Manson-Dempsey, Dan Lowe,

                                     and Dan Rossbach

MEMBERS ABSENT:    None

OTHERS PRESENT:     Annette McNamara, Zoning Administrator

                                   Bob Hanvey, Township Supervisor                                         

*************************************************************************************************************

CALL TO ORDER

John Lowe called the meeting to order at 7:30 p.m.

APPROVAL OF AGENDA

Larry Fillinger motioned to approve the agenda for March 1, 2004 as presented.  Linda Manson-Dempsey seconded. 

Motion carried 5-0.

APPROVAL OF MINUTES

Zoning Board of Appeals, November 3, 2003

Linda Manson-Dempsey motioned to approve the minutes from November 3, 2003.  Larry Fillinger seconded.  

Roll call vote:  Dan Lowe, Larry Fillinger, John Lowe, Linda Manson-Dempsey, Dan Rossbach—all yes.

Motion carried 5-0.

OLD BUSINESS

None.

NEW BUSINESS
ZBA Case #1-04—BeDen

The applicant, Phil BeDen, summarized his variance request.  Mr. BeDen two adjacent parcels and would like to 

move the north parcel line for parcel number 4710-28-301-028 40 feet to the north to accommodate a garage and an 

addition.  John Lowe asked Mr. BeDen if it is possible to have the parcel line moved to allow 10 feet from the garage 

to the parcel line instead of 20 feet.  This would meet the setback requirements for the ERS district and would add

about 1500 square feet on the lot if the parcel line were at an angle.  This will provide both parcels with the required 

square footage.  Mr. BeDen felt that option presented two problems.  He feels a straight parcel line is better, and his 

request as presented allows him access to the canal.  John Lowe asked Mr. BeDen if there was any possibility of 

purchasing additional property.  Mr. BeDen said he’s approached the owners several times and they aren’t interested

 in selling.  John Lowe said he’s hesitant to allow creation of a non-conforming parcel.  Mr. BeDen said given the size 

of the parcel, it’s still probably twice the size of many lots in the area.  John Lowe said something should probably 

be put in the deed indicating that no variance requests would be allowed in the future.  Annette McNamara pointed out

that there’s only nine feet between the existing house and the parcel line.  Granting the variance would bring the 

setbacks on the house into compliance.  Ms. McNamara checked on the size of surrounding parcels and found that 

many are much smaller than what Mr. BeDen is requesting.  Ms. Manson-Dempsey pointed out the parcel has 

multiple lots. John Lowe restated that the request is to move the parcel line 40 feet to the north to make the house on

lot 5 more conforming.  A non-conforming parcel will be created with the remainder; however, the parcel is larger than

other parcels in the neighborhood.  The setback requirements for the house will be met.

Linda Manson-Dempsey motioned to approve ZBA Case #1-04, to move the north parcel line on 4519 Cedar Point 

Court 40 feet to the north from the existing parcel line, which would allow the present owner to put an addition on the 

existing home and create a storage shed.  This will allow the existing home to be brought into conformity on rear and

 side setbacks.  This will create a non-conforming parcel at 4507 Cedar Point Court by the owner of record on 

March 1, 2004.  The reason for granting the variance is the strict enforcement of the ordinance would not allow the 

applicant to put an addition on the existing, non-conforming home.  The conditions and circumstances are unique 

to the property, but what’s being created is still larger than parcels in surrounding area.  The home at 

4519 Cedar Point Court was existing, not self-created.  Larry Fillinger seconded.  Roll call vote:  Dan Lowe, 

Larry Fillinger, John Lowe, Linda Manson-Dempsey—yes.  Dan Rossbach—no.  Motion carried 4-1.

John Lowe asked the zoning administrator to check on whether specific language needs to be put in the deed for the 

property.

ZBA Case #2-04—Bandy

John Lowe explained that he talked with the Livingston County Health Department (LCHD) and Road Commission 

(LCRC) and neither agency has received the final building plans.  David Colby, builder for the applicant, said that Boss 

Engineering had a meeting and said everything was okay.  John Lowe said his understanding was that it was approved

 for the original footprint of the building, not the proposed building with additional square footage. 

Susan Bandy said the LCHD approved the plans submitted from Boss Engineering.

John Lowe indicated the township’s desire to have the existing structure removed. His suggestion is that the township 

will provide the Bandy’s with a letter stating they will be able to rebuild with the existing footprint, and giving the 

Bandy’s until June 1 to remove the structure.  In the interim, the Bandy’s can address outstanding issues with the

LCHD and LCRC. After much discussion, it was agreed that the township would have its attorney draft a letter to be 

faxed to the Bandy’s for their attorney to review. Linda Manson-Dempsey motioned to table ZBA Case #2-04 until the 

April 5, 2004 ZBA meeting.  Larry Fillinger seconded.  Dan Lowe said the township needs to confirm the measurements

 on the current structure.  Motion carried 5-0.

Call to the Public

Bob Hanvey pointed out that the motion for BeDen used the word “lot” instead of “parcel” and suggested this should be 

changed because it’s a platted sub.  John Lowe agreed.

Adjournment

Dan Lowe motioned to adjourn the meeting at 8:40 p.m.  Linda Manson-Dempsey seconded.  Motion carried 5-0.