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MARION TOWNSHIP

ZONING BOARD OF APPEALS

MINUTES OF SEPTEMBER 9, 2002

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

                                         and Larry Fillinger

MEMBERS ABSENT:    None  

OTHER PRESENT:     Annette McNamara, Zoning Administrator

CALL TO ORDER

John Lowe called the regular meeting of the Zoning Board of Appeals to order at 7:34 p.m.  

APPROVAL OF AGENDA

Larry Fillinger motioned to accept the amended agenda, tabling the minutes of August 5, 2002 to the next regular

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

APPROVAL OF MINUTES

John Lowe amended the minutes changing these three items:

Page 2-first sentence, “Primarily an RV center but could include other vehicles depending on trade-ins.”

Page 2 –third sentence, “…blocking view trying to enter or exit Old Pinckney Road, he will be 160 foot off

 the corner of the road…”

Page 2-fifth paragraph, “…. wanted clarification to footage shown on site plan between property and D-19.”

Linda motioned to approve minutes of August 21, 2002, as amended.  Dan Rossbach seconded. 

  Motion carried 4-0.

OLD BUSINESS

None.

NEW BUSINESS

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. 

Annette McNamara discovered some residents were not notified. 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 

established.  The specifics of the bond will be discussed during the ZBA meeting in October.

 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.

 CALL TO PUBLIC : None

 Motion

  Dan Lowe motioned to table ZBA case number 14-02 for Joseph DeKroub until the next regular meeting on 

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 Fillinger abstained.

  ZBA 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. Ms. Miller’s current outbuildings

 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.

CALL TO PUBLIC

 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 

structure will lessen the value of his property. Larry Fillinger inquired if existing shed located to the south side of property, 

28 foot by 12 foot, is being utilized and if not, could proposed structure be relocated to this area. Mr. Lowe verified proper 

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.

 Motion

 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

  Bruce Love stated in 1963 he was appointed by the supervisor to draw up a Zoning Ordinance; this was a lengthy

 two-year process.  Mr. Love has a copy of what he created and offered to lend it to John Lowe to copy.

ADJOURNMENT

  Dan Rossbach motioned to adjourn meeting at 9:25 p.m.  Larry Fillinger seconded. Motion carried 5-0.