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                                 MARION TOWNSHIP

                             July 19, 2004 

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

MEMBERS ABSENT:                 None

OTHERS PRESENT:                  Mike Kehoe , Township Attorney

Annette McNamara, Zoning Administrator                                                                                 



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


Annette McNamara asked to have the agenda amended to include scheduling a special meeting for Chestnut

Development, and to start the process of updating the Rules and Procedures for the ZBA.  John Lowe requested that

“New Business” be moved up before “Old Business.”  Linda Manson-Dempsey motioned to amend the agenda as

requested.  Dan Rossbach seconded.  Motion carried 5-0.

Dan Lowe motioned to approve the agenda as amended.  Dan Rossbach seconded.  Motion carried 5-0.

John Lowe asked the ZBA members to introduce themselves.




Zoning Board of Appeals, June 7, 2004

Linda Manson-Dempsey motioned to amend the minutes from June 7, 2004 as follows:  page 4 of 6, item #5, should

read “…to accommodate residential developments of a density of one (1) dwelling unit per .75 acre or greater.” 

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

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

Larry Fillinger motioned to approve the June 7, 2004 minutes as amended.  Linda Manson-Dempsey seconded. 

Motion carried 5-0.

ZBA Case #4-04— Jesse Drive Private Road (Ward)

John Lowe explained that the ZBA has to direct the Planning Commission to submit its recommendations. Mike Kehoe

said there’s a little awkwardness in the ordinance.  The ordinance says that the ZBA is not to grant a variance from the

construction standards or road geometrics unless the Planning Commission has reviewed and provided a

recommendation on the variance request.  Under the ordinance, the Planning Commission can’t take a position on the

variance request until it has actually been submitted to the township.  Ray Ward said he thought that’s what was done.

John Lowe said there wasn’t a recommendation specifically per issue; there was just a recommendation to send to the

ZBA for its interpretation. Linda Manson-Dempsey had questions on Mike Kehoe ’s letter dated July 15, 2004 . 

The letter made reference to certain lots being difficult to construct without intrusion into wetlands. 

Ms. Manson-Dempsey pointed out that isn’t a ZBA issue.  She also said the applicant has been to the ZBA before. 

Chairman Lowe explained that was a different plan, and that some issues discussed in the letter were in response to

the questions raised in OHM’s letter.  Mr. Kehoe also said when he read the minutes from the Planning Commission’s

meeting, he wasn’t certain whether preliminary site plan approval had been granted.  Ms. Manson-Dempsey asked if

anyone knew whether approval had been given.  Mr. Kehoe said that Mr. Boss believed that the preliminary site plan

was fine and the next step was review by the ZBA.  Ms. Manson-Dempsey pointed out that OHM’s review letter said

the zoning ordinance specified minimum frontage of 120 feet.  The letter from the township planner said that rural

residential requires a minimum of 150 feet of frontage. Which one is correct? Annette McNamara said 150 feet is correct. 

Ms. Manson-Dempsey again asked whether approval was given.  Annette McNamara read the motion from the Planning

Commission’s minutes. Chairman Lowe said his understanding of the Planning Commission’s intent was to send this to

the ZBA for its approval for the overall configuration of the road. Mr. Ward asked whether once this clears the Planning

Commission and the ZBA approves it, does it have to go back to the Planning Commission?  Mr. Kehoe said that

Mr. Boss would be requesting the Planning Commission to grant conditional approval, so that once the ZBA has

approved, it won’t have to go back to the Planning Commission. Dan Rossbach motioned to send ZBA Case #4-04—

Jesse Drive/Ward requesting review by the Planning Commission at its August 24, 2004 meeting of the five variances

applied for in relation to Section 6.20 B, items 1-5, and also review letter from Miller, Kehoe and Associates, dated

July 15, 2004, regarding Jesse Drive.  Linda Manson-Dempsey seconded. Roll call vote:  Larry Fillinger, Dan Rossbach,

Linda Manson-Dempsey, John Lowe, Dan Lowe—all yes.  Motion carried 5-0.

ZBA Case #5-03—Eagles

Pictures were shown of all the signs.  Ms. Manson-Dempsey said the problem isn’t just the Eagles; it’s also the church.

There are four signs for the church, and two for the Eagles.  The church was given permission to share a sign with the

Eagles; they have an additional three signs.  Annette McNamara said the Eagles were granted a variance on

November 3, 2004 , and the permit was issued on December 2, 2004 .  Mike Kehoe said it sounds like they are violating

Section 5.05 E.  Annette McNamara will send a letter to the Eagles reminding them of the deadline.  The church will be

handled separately. 

Special Meeting

Annette McNamara asked the ZBA members to select a date for a ZBA meeting for Chestnut Development. Larry

Fillinger motioned to schedule a Zoning Board of Appeals meeting for Monday, August 16, 2004 at 7:30 pm for

Chestnut Development.  Linda Manson-Dempsey seconded.  Motion carried 5-0.

ZBA Rules and Procedures

Annette McNamara asked to have the procedure started for reviewing and updating the rules and procedures for the ZBA

She will have the document ready for distribution at the August 16 meeting. Three copies of the book entitled

“Authority and Responsibilities of Michigan Township Officials, Boards and Commissions” will be ordered. 

John Lowe asked Mike Kehoe whether something should be done to the ordinance to clean up the language for the

procedure between the Planning Commission and the ZBA.  Mr. Kehoe said yes. 

Call to the Public

Larry Fillinger asked the status of the Marion Oaks development.  Bob Hanvey said they have filed a lawsuit; the

paperwork was received last week. 


Linda Manson-Dempsey motioned to adjourn the meeting at 8:35 p.m.   Larry Fillinger seconded.  Motion carried 5-0.