ZONING BOARD OF APPEALS

Monday, June 4, 2012 @ 7:30 p.m.

AGENDA AND MINUTES

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA:            June 4, 2012

INTRODUCTION OF MEMBERS: 

CALL TO PUBLIC:                      Agenda Items only – 3 minute limit

APPROVAL OF MINUTES FOR:    July 26, 2010 Regular Meeting                                 

OLD BUSINESS:                         

NEW BUSINESS:                        ZBA Case # 01-12 – David W. & Janice L. Arnett

                                                60 Triangle Lake Road – Tax ID# 4710-26-400-028

                                                Election of Officers, Chairman, Vice Chairman and Secretary

CALL TO PUBLIC:

ADJOURNMENT:

MINUTES

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

MEMBERS ABSENT:    John Lowe

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CALL TO ORDER

Linda Manson-Dempsey called the meeting to order at 7:30 p.m. 

APPROVAL OF AGENDA

Larry Fillinger motioned to approve the agenda as presented. Dan Lowe 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

July 26, 2012 Regular Meeting:  Larry Fillinger motioned to approve the minutes as presented.  Dan Lowe seconded.  Motion carried 4-0.

OLD BUSINESS

None.

NEW BUSINESS

ZBA Case #01-12—David W. & Janice L. Arnett, 60 Triangle Lake Road, Tax ID #4710-26-400-028

Mr. Arnett was present to request a variance to Article VI, Section 6.07 #1—Accessory Uses and Structures.  His request is for a 1322 square foot variance to allow a 40’ x 60’ accessory structure for storage.  The ordinance, as it exists today, would allow a 32’ x 45’ building.  He included letters of support from surrounding neighbors.

Dan Lowe motioned for ZBA Case #01-12—David & Janice Arnett, Tax ID #4710-26-400-028 to grant a 1322 square foot variance to construct a 40’ x 60’ barn; the barn shall not be any closer to Triangle Lake Road than the front of the house; homeowner has designated that Triangle Lake Road is considered the front of the house; 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.  There are other buildings in the immediate area that are similar in size.     

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 corner lot and large setback.

3.       The conditions and circumstances unique to the property were not self created.  The parcel was created many years ago and 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.  There are other buildings similarly sized, and others could apply              for variances as well; four neighbors wrote letters of support and one neighbor attended the meeting in              support. 

5.       Why the requested variance will not be contrary to the spirit and intent of this zoning ordinance.  Granting this variance would allow the applicant to provide indoor storage, and the neighbors in the area don’t object.       

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

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

Linda Manson-Dempsey told the applicant he could pick up his land use permit in 8 business days.

Election of Officers

Larry Fillinger motioned to nominate John Lowe as chairman of the Zoning Board of Appeals.Linda Manson-Dempsey seconded. Roll call vote: Fillinger, Manson-Dempsey, D. Lowe, Durbin—all yes. Motion carried 4-0.

Larry Fillinger motioned to nominate Linda Manson-Dempsey as vice chairman of the Zoning Board of Appeals. Dan Lowe seconded.  Roll call vote:  Fillinger, Manson-Dempsey, D. Lowe, Durbin—all yes.  Motion carried 4-0.

Larry Fillinger motioned to nominate Dan Lowe as secretary of the Zoning Board of Appeals. Greg Durbin seconded.  Roll call vote:  Fillinger, Manson-Dempsey, D. Lowe, Durbin—all yes.  Motion carried 4-0.

CALL TO THE PUBLIC

None.

ADJOURNMENT

Dan Rossbach motioned to adjourn the meeting at 8:07 p.m.  Larry Fillinger seconded.  Motion carried 4-0.