MARION TOWNSHIP

ZONING BOARD OF APPEALS

APRIL 1, 2013

 MEMBERS PRESENT:               Dan Lowe, Larry Fillinger, Linda Manson-Dempsey, and Greg Durbin

 MEMBERS ABSENT:                 Jack Lowe

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 CALL TO ORDER

 Linda Manson-Dempsey called the meeting to order at 7:34 p.m. 

 APPROVAL OF AGENDA

Larry Fillinger motioned to approve the agenda as presented. Greg Durbin seconded.  Motion carried 4-0.

 MEMBERS PRESENT

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.

       4.       Why the requested variance will not confer special privileges that are denied other properties similarly situated and in the same zoning district.  The granting                 of this variance will make this home comparable to others in the development.    

      5.       Why the requested variance will not be contrary to the spirit and intent of this zoning ordinance.  Granting this variance will allow the applicant to build a              similar house with a setback consistent with those in the neighborhood.        

     6.       The difficulty shall not be deemed solely economic.   This request is not economically driven.

 Dan Lowe seconded.  Roll call vote:  Fillinger, Manson-Dempsey, Durbin, Lowe—all yes.  Motion carried 4-0.

 CALL TO THE PUBLIC

 No response.

 ADJOURNMENT

 Larry Fillinger motioned to adjourn the meeting at 8:11 p.m.  Dan Lowe seconded.  Motion carried 4-0.