MARION TOWNSHIP

ZONING BOARD OF APPEALS

Monday, November 12, 2012

7:30 p.m.

AGENDA and MINUTES

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA:  November 12, 2012

INTRODUCTION OF MEMBERS: 

CALL TO PUBLIC: Agenda Items only – 3 minute limit

APPROVAL OF MINUTES FOR: June 4, 2012 Regular Meeting                       

OLD BUSINESS:                         

NEW BUSINESS:  ZBA Case # 02-12 – B & B Financial Enterprises, Inc.

                           Fox Meadows Court – Tax ID# 4710-04-104-007

CALL TO PUBLIC:

ADJOURNMENT:

MINUTES

MEMBERS PRESENT: Dan Lowe, Larry Fillinger, Jack Lowe, Linda Manson-Dempsey, and Greg Durbin

MEMBERS ABSENT:   None

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CALL TO ORDER

Jack Lowe called the meeting to order at 7:40 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

No response.

APPROVAL OF MINUTES

June 4, 2012 Regular Meeting: Linda Manson-Dempsey motioned to approve the minutes as presented.  Larry Fillinger seconded.  Motion carried 5-0.

OLD BUSINESS

None.

NEW BUSINESS

ZBA Case #02-12—B&B Financial Enterprises, Inc., Fox Meadows Court, Tax ID #4710-04-104-007

Wayne Perry of Desine, Inc. was present on behalf of the owner. Mr. Perry said that Unit 7 is a challenging lot, in that the building envelope is only 40’, when most building envelopes in the development are 55’ wide.  They would like to build a house that is typical of the neighborhood.  He feels this variance request will benefit the adjoining land owner because the visual impact won’t be as great. 

Larry Fillinger motioned for ZBA Case #02-12—B&B Financial Enterprises, Inc., Tax ID #4710-04-104-007 to grant an 8’ variance on the east side, extending 75’ from the cul-de-sac into the 25’ greenbelt, and owner will plant two evergreen trees by the garage; the ZBA members considered 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.  The proposed garage will be more visually appealing than having the house longer.       

2.       The conditions and circumstances unique to the property, which are not similarly applicable to other properties in the same zoning district.  The conditions and circumstances are unique because of the size of the building envelope, and are unique to this lot.  

3.       The conditions and circumstances unique to the property were not self created.  The owner did not create the lot.

4.       Why the requested variance will not confer special privileges that are denied other properties similarly situated and in the same zoning district.  The granting of this variance will make this home comparable to others in the development.    

      5.       Why the requested variance will not be contrary to the spirit and intent of this zoning ordinance.                            Granting this variance will allow the applicant to build a similar house to those in the neighborhood, and will
                 not visually impact the adjoining property.        

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

Linda Manson-Dempsey seconded. Roll call vote: Fillinger, Manson-Dempsey, Durbin, J. Lowe, D. Lowe—all yes. Motion carried 5-0.

CALL TO THE PUBLIC
Annette McNamara asked the ZBA members for their opinion on an application, and whether the variance should be requested for structure size, or if the side yard setback should also require a variance.  The ZBA members said both issues should be reviewed.

ADJOURNMENT

Linda Manson-Dempsey motioned to adjourn the meeting at 8:14 p.m.  Larry Fillinger seconded.  Motion carried 5-0.