ZONING BOARD OF APPEALS
MINUTES OF SEPTEMBER 9,
MEMBERS PRESENT: John Lowe, Dan Rossbach, Dan Lowe, Linda Manson-Dempsey,
MEMBERS ABSENT: None
Annette McNamara, Zoning Administrator
ZBA case number 14-02: Joseph DeKroub
Larry Fillinger abstained from ZBA case 14-02 due to
a personal conflict.
Joseph DeKroub is requesting a variance from Section 6.20 G (Limit on Length of Private Road), permitting
a 2,300 foot private road and Section 8.01 D 2 c, permitting an existing barn to be located 100 feet from the
road right of way. Mr. DeKroub explained the private road could be an asset to the neighbors if their land
were to be developed. In the case of an emergency (road blockage), vehicles can exit and enter
development via power line easements along the south property line and into Blossom Farms development.
Mr. Lowe stated a greenbelt is required in addition to the 66 foot right of way and there were previous
concerns raised by nearby residents when another development had been proposed. Mr. DeKroub
offered to keep what greenbelt is currently present and curb that section of the road instead of creating a
ditch. Other land that Mr. DeKroub owns, approximately 200 acres, will remain a wetland and be used
primarily for hunting, possibly one home may be
added to that property.
Mr. Lowe asked to verify that all residents within 300 feet of proposed development were properly notified.
discovered some residents were not notified. Mr. Lowe stated an additional variance
Mr. Lowe stated an additional variance
is needed to allow the existing barn to remain on property without a primary structure. In addition, a bond
will be required with a stipulation stating structure is not to be occupied until a primary residence is
The specifics of the bond will be discussed during the ZBA meeting in
Mr. DeKroub would like the township to address the existing ordinance stating there is a maximum of six
horses allowed on any parcel. Mr. Lowe stated he would place the item on the Planning Commission
agenda for investigation,
along with other ordinances that are being reviewed.
October 7, 2002, to properly notify adjacent property owners. Dan Rossbach seconded. Roll call vote: Lowe,
Rossbach, Manson-Dempsey, Lowe-all
yes. Motion carried 4-0. Larry
Case number 15-02: Kay Miller
Kay Miller is requesting a variance to Section 6.07 3 of the Marion Township Zoning Ordinance to rebuild a barn that was
destroyed by a fire in March of 2002. Ms. Miller presented pictures of the old 115 x 40 structure built in 1938. Ms. Miller
stated the new structure will be used to store equipment, hay trailer, bales of hay, snowmobile trailer and
also used as a workshop. Proposed structure is in approximately the same location as the previous barn,
in the front of the property on the northwest corner, 90 feet
off Pingree Road.
total 6,680 square feet; this exceeds the 3:1 auxiliary building ratio ordinance by several thousand.
Proposed structure has 16 foot walls and dimensions of 60 feet by 80 feet, totaling 4,800 square feet.
Ms. Miller stated she still uses land as an animal farm and needs the 16 feet height to
allow clearance for a hay wagon. She has 60 goats and 3 horses on
her 14.5 acres.
Godfrey is located to the north of Mrs. Miller’s property. Mr.
Godfrey stated there were
Kenneth Godfrey, Mr. Godfrey is located to the north of Mrs. Miller’s property. Mr. Godfrey stated there were
several building material fires on this property in front of the barn on Pingree Road. He stated the fires were not
maintained, they burned without permits, at night and did not supervise the burning. He felt there was a commercial
business being operated in the previous barn and he does not want that to be repeated. When the barn was originally
built back in 1938, the farm was over 150 acres, much larger than the 14.5 acres it is today. He does not feel this property
needs another structure in the front yard. Mr. Godfrey stated he has a large pole barn on his property and built his
structure to conform to the Marion Township ordinances. He would like to see the barn built in the back of the property
versus the front, or possibly not built at all and the current structures be utilized instead. He made a large investment in
his home and property and this building will sit on the
road visible before any other home.
Bruce Love, Cedar Lake Road: Mr. Love stated original barn was built for a dairy farm and he is not opposed to the
barn being rebuilt. The back of
the lot is not suitable to build this structure.
Scott Baker, Pingree: Mr. Baker mailed letter stating, “Sorry I cannot be there. I do not want a pole barn or garage
built on that lot, they should
build in back of barns.”
Todd Johnson, Pingree: Mr. Johnson, Ms. Miller’s fiancé, does have a business. He parks two trucks and three trailers
on this property.
Duane Barclay, Pingree: Mr. Barclay is not opposed to the building of the barn but would rather see it in the back of
the lot. He stated all of the buildings are located in the front 5 acres with 9 acres open in the rear. He also feels this
lessen the value of his
28 foot by 12 foot, is being utilized and if not, could proposed structure
be relocated to this area.
notification was made to all residents. Mr. Lowe requested Ms. Miller consider reducing the size and a different location of
the proposed barn and return to the next regular meeting on October 7, 2002.
Larry Fillinger motioned to table ZBA case number 15-02 for Kay Miller to next meeting on October 7, 2002.
Linda Manson-Dempsey seconded. Roll call vote: Lowe, Rossbach, Lowe, Manson-Dempsey, and Fillinger-all yes.
Motion carried 5-0.
CALL TO PUBLIC
CALL TO PUBLIC
stated in 1963 he was appointed by the supervisor to draw up a Zoning
Ordinance; this was a lengthy
Bruce Love stated in 1963 he was appointed by the supervisor to draw up a Zoning Ordinance; this was a lengthy
Mr. Love has a copy of what he created and offered to lend it to John
Lowe to copy.