MARION TOWNSHIP

                        DRAFT MINUTES

                        November 1, 2004  

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

MEMBERS ABSENT:                 Larry Fillinger

OTHERS PRESENT:                  Annette McNamara , Zoning Administrator                                                                               

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CALL TO ORDER

John Lowe called the meeting to order at 7:33 p.m.  

APPROVAL OF AGENDA

Dan Rossbach motioned to approve the agenda as presented.  Linda Manson-Dempsey seconded.  Motion carried 4-0.

MEMBERS PRESENT

The members of the Zoning Board of Appeals introduced themselves. 

APPROVAL OF MINUTES

Zoning Board of Appeals, October 4, 2004

Dan Rossbach motioned to approve the minutes as presented.  Linda Manson-Dempsey seconded.  Motion carried 4-0.

NEW BUSINESS

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

corner of Coon Lake Road and Pingree. Variances were granted in September 2002 for this property for the side

setback from Coon Lake 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. 

He asked Mr. Hawkins if he intended to do anything with it.  Mr. Hawkins said no.  Mr. Hawkins said he doesn’t want to

disrupt the west property line or the north property line.  The only thing he wants to change is the visual on the

Coon Lake Road frontage and the Pingree frontage.  This property has been an eyesore for years.  Mr. Powelson asked

if the entrance to the garage is from Pingree. Mr. Hawkins said he wants to use the existing driveway. Mr. Powelson

asked if the house will have a basement. Mr. Hawkins said yes, and that’s another reason he wants to keep it away

from the wetlands. Mr. Powelson asked Mr. Hawkins when he plans to start the project.  Mr. Hawkins said as soon as

possible.

Bernie Bodette, 5670 Coon Lake Road : Mr. Bodette asked how far the house would be from the wetlands .Mr. Hawkins

said 87 feet off the back water line; it’s approximately 45-50 feet from the existing edge of the water. 

John Briggs, 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

drawing.  Mr. Powelson said his setback is 88 feet.  

Motion

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:

1. How the strict enforcement of the provisions of the township’s 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. 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.

2. The conditions and circumstances unique to the property, which are not similarly applicable to other properties in

the same zoning district.  The pre-existing house had a greater degree of non-conformity than what is proposed and does

conform to the area.

3. The conditions and circumstances unique to the property were not self-created.  The wetlands and 1-acre lot were

pre-existing.

   4.  Why the requested variance would not confer special privileges that are denied other properties similarly situated

in the same zoning district.  Considering the lot was pre-existing and with the wetlands, granting the variance would not

confer special privileges.

 5.  Why the requested variance would not be contrary to the spirit and intent of this zoning ordinance.  The proposed

house would be more conforming than the previous structure.

 6.  The difficulties shall not be deemed solely economic.  The applicant could build a much larger house.  The proposed

structure 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.

ADJOURNMENT

Linda Manson-Dempsey motioned to adjourn the meeting at 7:59 p.m.   Dan Rossbach seconded.  Motion carried 4-0.