November 1, 2004
John Lowe, Linda Manson-Dempsey, Dan Lowe, and Dan Rossbach
, Zoning Administrator
CALL TO ORDER
John Lowe called the meeting to order at
APPROVAL OF AGENDA
APPROVAL OF MINUTES
Zoning Board of Appeals,
October 4, 2004
Dan Rossbach motioned to approve the minutes as presented.
Linda Manson-Dempsey seconded. Motion
ZBA Case #8-04—Jerald Hawkins/Skyline Services Development
John Lowe asked the applicant to summarize the
variance request. Mr. Hawkins
purchased the property at the
Coon Lake Road
and Pingree. Variances were granted in
September 2002 for this property for the side
and front setback from Pingree. Mr.
Hawkins is only requesting the variance for the front
setback to allow him to bring the house as far
forward as possible because of the wetlands. Dan Rossbach asked
what the dimensions are for the variance request?
John Lowe referenced the drawings provided in the packet.
Mr. Hawkins is requesting a 28-foot variance on the front
setback. Mr. Hawkins is proposing to
build a 1400 sq.foot home.
Call to the Public
Bruce Powelson, 3466 Pingree:
Mr. Powelson said there’s an old existing fence at the north edge
of this property.
asked Mr. Hawkins if he intended to do anything with it.
Mr. Hawkins said no. Mr.
Hawkins said he doesn’t want to
the west property line or the north property line.
The only thing he wants to change is the visual on the
frontage and the Pingree frontage. This
property has been an eyesore for years.
Mr. Powelson asked
the entrance to the garage is from Pingree. Mr.
Hawkins said he wants to use the existing driveway.
if the house will have a basement. Mr.
Hawkins said yes, and that’s another reason he wants to keep it away
the wetlands. Mr. Powelson asked Mr.
Hawkins when he plans to start the project.
Mr. Hawkins said as soon as
5670 Coon Lake Road
Mr. Bodette asked how far the house would be from the wetlands .Mr.
said 87 feet off the back
water line; it’s approximately 45-50 feet from the existing edge of the
5600 Coon Lake Road
Mr. Briggs asked if Mr. Hawkins planned to keep the big tree.
Mr. Hawkins said
yes. Mr. Briggs asked where
the front of the garage is relative to Mr. Powelson’s house.
Mr. Hawkins referred to the
Mr. Powelson said his setback is 88 feet.
Dan Rossbach motioned to grant ZBA Case #8-04 to allow a 28-foot variance
from the 70-foot front yard setback on
Pingree Road, relaxing Section 8.01 F 3 a.
Mr. Rossbach addressed Section 5.05 C, items 1-6:
the strict enforcement of the provisions of the township’s zoning
ordinance would cause an unnecessary
and deprive the owner of rights enjoyed by all other property owners owning
property within the same zoning
district. This is a
1-acre parcel with wetlands, this was an existing lot of record, and not
granting the variance would
create an unnecessary hardship for a home to be
built within the setbacks required by the ordinance.
conditions and circumstances unique to the property, which are not
similarly applicable to other properties in
same zoning district. The
pre-existing house had a greater degree of non-conformity than what is
proposed and does
to the area.
conditions and circumstances unique to the property were not
The wetlands and 1-acre lot
4. Why the requested variance would not confer special privileges that
are denied other properties similarly situated
the same zoning district.
Considering the lot was
pre-existing and with the wetlands, granting the variance would not
the requested variance would not be contrary to the spirit and intent of
this zoning ordinance. The
house would be more conforming than the previous
The difficulties shall not be deemed solely economic. The
applicant could build a much larger house.
is modest and comparable to surrounding properties.
Dan Lowe seconded. Roll
call vote: Dan Rossbach, Linda
Manson-Dempsey, John Lowe, Dan Lowe—all yes.
Motion carried 4-0.
Linda Manson-Dempsey motioned to adjourn the meeting at
Dan Rossbach seconded.
Motion carried 4-0.