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ZONING BOARD OF APPEALS

Monday, November 10, 2008

7:30 p.m.

 AGENDA and DRAFT MINUTES

 

CALL TO ORDER:

APPROVAL OF AGENDA:            November 10, 2008

INTRODUCTION OF MEMBERS: 

CALL TO PUBLIC:                      Agenda Items only – 3 minute limit

APPROVAL OF MINUTES FOR:   Sept. 8, 2008 Regular Meeting                                         

OLD BUSINESS:                         

NEW BUSINESS:                        ZBA Case # 06-08 – Roy & Jessica Caverly

                                                2070 Pinckney Road – Tax ID# 4710-11-400-005

NEW BUSINESS:                                    

CALL TO PUBLIC:

ADJOURNMENT:

 

                                                   DRAFT MINUTES

 

MEMBERS PRESENT:     John Lowe, Dan Lowe, Larry Fillinger, Dan Rossbach

                                                 and Linda Manson-Dempsey

MEMBERS ABSENT:         None

**********************************************************************************************************

CALL TO ORDER

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

APPROVAL OF AGENDA

Larry Fillinger motioned to approve the agenda as presented.  Linda Manson-Dempsey seconded.  

Motion carried 5-0.

MEMBERS PRESENT

The members of the Zoning Board of Appeals introduced themselves. 

CALL TO THE PUBLIC

None.

APPROVAL OF MINUTES

September 8, 2008 Regular Meeting:  Linda Manson-Dempsey motioned to approve the minutes as presented.  Larry Fillinger seconded.  Motion carried 5-0.

NEW BUSINESS

ZBA Case #06-08—Roy & Jessica Caverly, 2070 Pinckney Rd. , Tax ID #4710-11-400-005

John Lowe gave the ZBA members a brief synopsis on this unique situation.  The property became a corner lot as an unintended consequence of the creation of Marion Meadows private road.  As a result, what was once a 15 foot side yard setback became a 70 foot front yard setback along Marion Meadows private road.  The Planning Commission will be addressing the zoning ordinance and suggesting new language.  The Caverlys are requesting a 39 foot variance to the 70 foot front yard setback requirement.  They would like to build a 3,000 square foot outbuilding and remove the existing structure.

Call to the Public

Chris and Nancy Endebrock, 155 Marion Meadows, were present to support the Caverlys.  Mr. Endebrock said the Caverlys have been good neighbors, they keep their property clean, and they’ve gone above and beyond in placing screening along Marion Meadows private road. 

Motion

Dan Lowe motioned for ZBA Case #06-08, Roy & Jessica Caverly, to approve a 39 foot variance on the front yard setback along Marion Meadows private road, Section 8.02 F 3 a 1, considering the following criteria:

1.       How the strict enforcement of the provisions of the township 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 metes and bounds parcel, and not allowing them to use their property would constitute taking of the property. 

2.       The conditions and circumstances unique to the property, which are not similarly applicable to other properties in the same zoning district.  The unique situation is there are few sites where private roads have been put in next to larger parcels. 

3.       The conditions and circumstances unique to the property were not self created.  The road was put in by someone else, not the Caverlys. 

4.       Why the requested variance will not confer special privileges that are denied other properties similarly situated and in the same zoning district.  This is a unique site with the private road close to the property line and the Planning Commission will address the language in the ordinance. 

5.       Why the requested variance will not be contrary to the spirit and intent of this zoning ordinance.  The ordinance was not intended to deprive property owners of the right to use their property. 

6.       The difficulty shall not be deemed solely economic.  This difficulty is not solely economic. 

Larry Fillinger seconded. Roll call vote: Fillinger, Manson-Dempsey, Rossbach, J. Lowe, D. Lowe—all yes. 

Motion carried 5-0.

CALL TO THE PUBLIC

Linda Manson-Dempsey asked if the ZBA will be meeting in December.  The zoning administrator said the yearly business meeting can wait until the next regularly-scheduled ZBA meeting.

ADJOURNMENT

Linda Manson-Dempsey motioned to adjourn the meeting at 7:55 p.m.   Dan Rossbach seconded.  Motion carried 5-0.