ZONING
BOARD OF APPEALS
APRIL 1, 2013
Larry
Fillinger motioned to approve the agenda as presented. Greg Durbin seconded.
Motion carried 4-0.
The
members of the Zoning Board of Appeals introduced themselves.
CALL
TO THE PUBLIC
No
response.
APPROVAL
OF MINUTES
January
7, 2013 Regular Meeting:
Larry Fillinger motioned to approve the minutes as presented.
Greg Durbin seconded. Motion
carried 4-0.
OLD
BUSINESS
None.
NEW
BUSINESS
ZBA
Case #02-13—Harris/Romine, Painted Drive, Tax ID #4710-04-200-028
James
Harris, 203 S. Burkhart, was present on behalf of his brother, who owns the
subject parcel. The owners are
requesting a variance to the front yard setback requirement, from 75 feet to 40
feet. Dan Lowe said the proposed
location of the house is the most practical place due to wetlands and drainage.
Greg Durbin concurred with Mr. Lowe and said the requested setback would
be consistent with others in the area. Although
this parcel is located in Painted Drive, it is not part of the Turtle Creek
subdivision, where a 35 foot front yard setback is required.
Linda Manson-Dempsey read email comments from Jack Lowe, who felt the
drainage issues have more to do with elevations.
Call
to the Public
Dan
Gerhard, 3152 Painted Drive, said he lives directly across the street and
doesn’t feel that the setback requested would be consistent with other homes.
Dennis Purdy, 3168 Painted Drive, said the drain runs behind the house
and there are drainage issues on any lot.
Motion
Larry
Fillinger motioned for ZBA Case #02-13—Harris/Romine to relax Section
8.02 F 3 a 1 and grant a 20 foot front yard variance (50 foot setback).
The ZBA members considered the following criteria:
1.
How the strict enforcement of the
provisions of the township 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
ZBA members considered the topography of the property in granting this variance.
2.
The conditions and circumstances unique
to the property, which are not similarly applicable to other properties in the
same zoning district. The
conditions and circumstances are unique because of the topography and drainage
issues.
3.
The conditions and circumstances unique
to the property were not self created. The
owner did not create the lot.