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MARION TOWNSHIP

ZONING BOARD OF APPEALS

Monday, May 3, 2010

7:30 p.m.

 

AGENDA and DRAFT MINUTES

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA:            May 3, 2010

INTRODUCTION OF MEMBERS: 

CALL TO PUBLIC:                      Agenda Items only – 3 minute limit

APPROVAL OF MINUTES FOR:   December 7, 2009 Regular Meeting                                  

OLD BUSINESS:                          None

NEW BUSINESS:         ZBA Case # 01-10 – Ronald & Robin Rozdoske

                               2824 Sanitorium Road – Tax ID# 4710-03-300-022

 

CALL TO PUBLIC:

ADJOURNMENT:

                                  DRAFT MINUTES 
                         

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

MEMBERS ABSENT:         None

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

CALL TO ORDER

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

PLEDGE OF ALLEGIANCE

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

December 7, 2009 Regular Meeting:  Linda Manson-Dempsey motioned to approve the minutes as presented.  Larry Fillinger seconded.  Motion carried 5-0.

NEW BUSINESS

ZBA Case #01-10—Ronald & Robin Rozdoske, 2824 Sanitorium Rd. , Tax ID #4710-03-300-022

Mr. and Mrs. Rozdoske were present to request a variance to build an accessory structure.  

Call to the Public

None.

 Motion

  Linda Manson-Dempsey motioned for ZBA Case #01-10, Ronald & Robin Rozdoske, 2824 Sanitorium Rd., Tax ID #4710-03-300-022, to grant a variance to Section 6.07 #3—Accessory Uses & Structures, items #1, #3 and #10, considering 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.  This is a corner lot with two front yards,  The house is in the back corner, the septic field is in the front, and there is no other location for an accessory structure

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 where the house is located on the lot.

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

4.       Why the requested variance will not confer special privileges that are denied other properties similarly situated and in the same zoning district.  Other properties similarly situated would be allowed to put an accessory structure on the property.    Due to the location of the house and the septic field, the accessory cannot be located anywhere else.    

5.       Why the requested variance will not be contrary to the spirit and intent of this zoning ordinance.  Accessory structures are allowed, and granting this variance allows the Rodozskis to use their property as others do.   

6.       The difficulty shall not be deemed solely economic.    The difficulty is not economic.

The accessory building will be located 63 feet off the center line of Sanitorium Road , referencing survey #93-32750 by Kem-Tech; the siding on the accessory structure will match the existing house as closely as possible, and the accessory building will be screened with as many trees as possible.

Larry Fillinger seconded.  Roll call vote:  Fillinger, Manson-Dempsey, Rossbach, J. Lowe, D. Lowe—all yes.  Motion carried 5-0.

CALL TO THE PUBLIC

Annette McNamara said she spoke with Dan Strong, who has filed an affidavit of ownership by adverse possession of the property on Hurley Drive .

The Herren case is in arbitration and hasn’t been completed yet.

The Marquardt property now meets the ordinance requirements.

ADJOURNMENT

Linda Manson-Dempsey motioned to adjourn the meeting at 8:10 p.m.   Larry Fillinger seconded.  Motion carried 5-0.