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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
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CALL TO ORDER
John Lowe called the meeting to order at
7:30 p.m.
APPROVAL OF AGENDA
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.
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