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                                 MARION TOWNSHIP

                  AGENDA AND DRAFT MINUTES

                             MAY 2, 2005  

 

CALL TO ORDER:

MEMBERS PRESENT:  

MEMBERS ABSENT:

CALL TO THE PUBLIC:

APPROVAL OF AGENDA:       

APPROVAL OF MINUTES FOR:

OLD BUSINESS:    #20-05 - BROWN                  

NEW BUSINESS:  

CALL TO PUBLIC:

ADJOURNMENT:

              

                                          DRAFT MINUTES

 

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

                                    Dan Rossbach

MEMBERS ABSENT:                 None

OTHERS PRESENT:                  Annette McNamara , Zoning Administrator                                                                                                                    

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

CALL TO ORDER

John Lowe called the meeting to order at 7:35 p.m.  

APPROVAL OF AGENDA

Larry Fillinger motioned to approve the agenda as presented.  Linda Manson-Dempsey seconded.  Motion carried 5-0.

MEMBERS PRESENT

The members of the Zoning Board of Appeals introduced themselves. 

CALL TO THE PUBLIC

None.

APPROVAL OF MINUTES

Zoning Board of Appeals, April 4, 2005

Linda Manson-Dempsey motioned to approve the minutes as amended.  Larry Fillinger seconded.  Motion carried 5-0.

OLD BUSINESS

ZBA Case #2-05—Fred Brown

Jim Barnwell from Desine, Inc. was present on behalf of the applicant.  The applicant is requesting a variance to the

frontage and number of parcels accessed on a cul-de-sac.  The intent is to preserve woodlands, wetlands, and

flood plains.  It would put an unnecessary burden on the applicant if the variance weren’t granted.  Fred Brown

said it took three years to obtain a permit from the DEQ.  To put in a cul-de-sac per county requirements is going

to take approximately one acre of wetlands.  This variance request is a viable alternative. 

The ZBA members reviewed diagrams provided by Mr. Barnwell and discussed a number of alternatives. 

Motion

Linda Manson-Dempsey motioned, for ZBA Case #2-05 for Fred Brown ( Sundance Lake ), per site plan CP-10

dated 1/12/05 , to approve variances to Section 8.01 F 2 b, and Section 6.18 B. Ms. Manson-Dempsey addressed

Section 5.05 C, items 1-6:

  1. 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 strict enforcement would have a great impact on the natural features of the property, cutting of large mature

trees, and would disrupt the wetlands.  

  1. The conditions and circumstances unique to the property, which are not similarly applicable to other properties in

 the same zoning district. 

The river and wetlands isolate a portion of the property in the southwest corner. 

  1. The conditions and circumstances unique to the property were not self-created.  

The applicant did not create the existing features (i.e., wetlands, matures trees, river.)

  1. Why the requested variance would not confer special privileges that are denied other properties similarly situated

in the same zoning district. 

The variance will allow reasonable development of the property which has extremely unique characteristics.

There are no similar properties in the area that the Red Cedar River cuts through.

  1. Why the requested variance would not be contrary to the spirit and intent of this zoning ordinance. 

The intent of the ordinance provides for the reasonable development and use of lands within the township, and

this request is within reason.

  1. The difficulties shall not be deemed solely economic. 

The developer is trying to minimize the impact on the wetlands, woodlands and river.

In addition, lots 32 and 38 must have the driveways located to the northeast portion of the property as initialed by

the developer on the site plan.  Lots 33-37 are the lots with reduced frontage that will have frontage on the

cul-de-sac.  Lots 34-36 will have a specific deed restrictions requiring township approval for tree removal.  

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

Dan Lowe—all yes.  Motion carried 5-0.

CALL TO THE PUBLIC

Annette McNamara asked the ZBA members to review ZBA Case #20-00—McCracken at the next meeting

under new business.  Ms. McNamara will provide documentation for the members to review.

ADJOURNMENT

Linda Manson-Dempsey motioned to adjourn the meeting at 9:15 p.m.   Dan Rossbach seconded.  Motion carried 5-0.