AGENDA and DRAFT MINUTES
APRIL 4TH, 2005
CALL TO THE PUBLIC: Agenda Items Only – 3 minute limit
APPROVAL OF AGENDA: April 4th, 2005
APPROVAL OF MINUTES FOR:
ZBA Case # 1-05 – Dennis GottschalK
ZBA Case # 2-05 – Fred Brown
ZBA Case # 3-05 – Fraternal Order of
John Lowe, Larry Fillinger, Dan Lowe, Linda Manson-Dempsey, and Dan
John Lowe called the meeting to order at
APPROVAL OF AGENDA
Larry Fillinger motioned to approve
the agenda as presented. Linda
Manson-Dempsey seconded. Motion
The members of the Zoning Board of
Appeals introduced themselves.
TO THE PUBLIC
APPROVAL OF MINUTES
Zoning Board of Appeals,
Larry Fillinger motioned to approve the minutes as presented.
Linda Manson-Dempsey seconded. Motion
ZBA Case #1-05—Dennis Gottschalk (Spruce Run)
Jim Barnwell from Desine, Inc. was present on behalf of the applicant. The applicant is
proposing a site on
west. They are requesting a variance from the ordinance in regard to the number of units.
The ordinance calls for no more than 25 units with a single access, and 75 units with more
than one access. If the proposed development were to connect with Maple Farms, a variance
would still be required because there would be 88 units. The fire department has mandated a
second access. A review was submitted to the Livingston County Road Commission for
connection through Turtle Creek and it was rejected. Mr. Barnwell is proposing an emergency
access to Maple Farms and a variance for 88 units with dual access.
John Lowe read the review letter from the Howell Area Fire Department. The HAFD
found the site plan unsatisfactory; however, they would approve it with a connection
between Turtle Creek and/or Maple Farms. Mr. Lowe received input from various
services agencies in
connection to Maple Farms and a walking path connection to Turtle Creek.
Mr. Barnwell expressed concern with the legalities of connecting the road to Maple
Farms. Mr. Lowe said that was always the intent with Maple Farms and it was made
clear to the developer.
Call to the Public
Maple Farms is what’s being proposed. John Lowe said yes. There would be a walking path
to Turtle Creek.
the time in subdivisions, the builders should make buyers aware of it. John Lowe said he’s
not sure what the builder discloses, but when there’s a cul-de-sac running to the edge of the
property line and there’s vacant property adjacent, it’s pretty much a foregone conclusion
what will take place.
(Close Call to the Public)
Dan Rossbach asked for a description of the walking path. John Lowe said normally about
five feet wide. Jim Barnwell said that would be done through the site plan approval process.
Mr. Rossbach asked if it would be wide enough for an emergency vehicle. Mr. Lowe said no.
He also said that the fire department indicated that there wouldn’t be any significant difference
in response time.
Reopen Call to the Public
would maintain it. John Lowe said probably concrete and the homeowner’s association would maintain it.
north of Turtle Creek that the Planning Commission is aware of. John Lowe said there was a plan that was
withdrawn for property to the immediate north (Marion Pines). They are redrawing the site plan. The property to
the east is Mr. Lowe’s property. He has no intention on doing anything for several years at this point.
Jean Porter, 235 Slider: Mrs. Porter asked if the Turtle Creek homeowners decided that they wanted
streetlights, who would pay for it? Mr. Lowe said he isn’t sure, but he could check with the township attorney.
the subdivision and stayed with the entrance lights.
He also thanked the PC for its consideration during this process.
(Closed Call to the Public)
Linda Manson-Dempsey motioned for ZBA Case #1-05 for Spruce Run LLC to grant a variance to Section 6.20
H to allow 36 units, and addressed Section 5.05 C:
hardship and deprive the owner of rights enjoyed by all other property owners owning property within the same zoning
district. The property has limited locations for placement of roads. The Livingston County Road Commission and the
Howell Area Fire Authority has denied the original application and have indicated they will approve a connection to
Maple Farms, which will provide two accesses to
Mason Road more than 660 feet apart.
same zoning district. The
unique characteristics on the site include the grade on
in elevation to the east and west, and have a negative impact on placement
of additional road approaches.
many years ago.
in the same zoning district. There aren’t many parcels left that exhibit the physical features of this parcel. The applicant
has provided access consistent with the ordinance by providing two access points to the public road by connecting to
the ordinance is to promote public health, safety, comfort, convenience and general welfare. By putting in a second
access point, emergency vehicles can get in and out. A walkway path will also be put in to Turtle Creek to allow access
between developments. The variance affects the 36 lots in Spruce Run, and will put a total of 88 parcels between
Spruce Run and Maple Farms. Granting this variance also reduces the non-conformity in Maple Farms. Access between
Maple Farms and Spruce Run will be a maintained
road up to the property line.
Larry Fillinger seconded. Roll call vote: Dan Rossbach, Larry Fillinger, Linda Manson-Dempsey, John Lowe,
Dan Lowe—all yes. Motion carried 5-0.
ZBA Case #2-05—Fred Brown
At the request of the applicant, Linda Manson-Dempsey motioned to table ZBA Case #2-05 until the May 2005
Larry Fillinger seconded.
Case #3-05—Fraternal Order of Eagles
Art Munsell was present on behalf of the Eagles. The Eagles want to proceed with the sign depicted in the drawing
previously submitted, but with cultured stone on the bottom rather than brick. The church is interested in using the
bottom portion of the sign. The sign will be prepped for digital to be added later. Mr. Munsell is asking for approval
of the 11’ x 15’ (20’ from ground level) sign as submitted. The Eagles will landscape around the sign.
Linda Manson-Dempsey asked once the sign is started, how long will it take to finish? Mr. Munsell said they would
comply with the ordinance. Larry Fillinger confirmed with Mr. Munsell that the FOE has the money to pay for the
Dan Rossbach motioned for ZBA Case #3-05 to grant a variance to allow a sign to be constructed according to
details on the Garlock-Smith survey dated
portion of the sign at its expense. There will be no moving text. Construction must be started within six months and
completed within 90 days. The Eagles representative, Art Munsell, will initial the artwork depicting the sign.
Linda Manson-Dempsey seconded. Roll call vote: Dan Rossbach, Larry Fillinger, Linda Manson-Dempsey,
John Lowe, Dan Lowe—all yes. Motion carried 5-0.
Mr. Munsell asked if the Eagles could put up the
temporary sign for the carnival.
be considered a temporary use and can be handled through the zoning office. Mr. Munsell asked about permission to
use searchlights. Ms. McNamara will discuss with the township attorney.
CALL TO THE PUBLIC
Linda Manson-Dempsey motioned to adjourn the meeting at Larry Fillinger seconded.