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                                 MARION TOWNSHIP

                    AGENDA & DRAFT MINUTES

                           12-06- 2004     






APPROVAL OF AGENDA:  December 6, 2004   


OLD BUSINESS:                        

NEW BUSINESS:   #7-04 - Meier - 4681 Pinckney Road

                          #9-04 -  Adler Enterprises - Frances Road Property




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

                                            and Dan Rossbach

MEMBERS ABSENT:    Linda Manson-Dempsey


OTHERS PRESENT:     Annette McNamara , Zoning Administrator

                                         Bob Hanvey , Township Supervisor                                                                           



John Lowe called the meeting to order at 7:31 p.m.  


Larry Fillinger motioned to approve the agenda as presented.  Dan Rossbach

seconded.  Motion carried 4-0.


The members of the Zoning Board of Appeals introduced themselves. 




Zoning Board of Appeals, November 1, 2004

Dan Rossbach motioned to approve the minutes as presented.  Dan Lowe

seconded.  Motion carried 4-0.

ZBA Case #7-04—Earl E. Meier

John Lowe asked the applicant to summarize the variance request.  Mr. Meier said he has a

lot on the corner of Pinckney Road and Brighton Road . Due to the wetlands and high power

 lines, Mr. Meier is requesting this variance to construct a house. The ZBA members reviewed

the site plan provided.  John Lowe stated that what Mr. Meier is proposing is similar to other

houses in the area. Mr. Meier asked if the property would ever have public sewer. John Lowe

said probably not. 

Call to the Public:  None.

For ZBA Case #7-04, Larry Fillinger motioned to relax Section 8.01 F 3 a—Front 

yard setback, to allow a 20-foot variance from the structure to the centerline of

Pinckney Road as depicted in current engineering plan, shifting 10 feet to the east

if possible and if not in violation of wetlands requirements.  If shifting 10 feet to the

east causes a violation, then the variance application is approved as requested

based on the Boss Engineering survey, for a 30-foot variance from structure to

centerline of Pinckney Road .  Dan Rossbach seconded.  Motion carried 4-0.

ZBA Case #9-04—Adler Enterprises

Mike Boss from Boss Engineering presented the preliminary site plan for

Copperfield.  Mr. Boss said the development they are proposing is a benefit for the

township. He is requesting three variances and will discuss each one individually. 

The first variance, to Section 6.19 B, is a request for 30 lots on a private road.

Mr. Boss said the ordinance does allow 30 lots on a road that ends with a cul-de-sac

if it’s a public road. The 30-lot limit is due to fire protection.  However, on a private

road, the ordinance specifically states there can only be 25 home sites.  Mr. Boss

explained that the reason the road is proposed as a private road is because there

are some existing high power lines with two poles that sit within the 66-foot

right-of-way. The Livingston County Road Commission (LCRC) will not accept a

public road with poles in the right-of-way.  Boss Engineering has submitted a

request to Detroit Edison to have the poles moved, but Edison won’t be able to

review the request until after the first of the year.  If the request to move the poles

were approved, then this variance wouldn’t be necessary.  Mr. Boss presented an

alternate layout that would give five lots frontage on Francis Road, and thus meet

the zoning ordinance. However, he doesn’t believe it’s in the township’s best interest

 to do that because there would be five more driveways onto Francis Road. They

would prefer to keep access on the interior road, with the exception of lot 31. The

cul-de-sac lines up with Schroeder Park Drive.  There are no plans to improve it at

this point.  This would allow a connection to be made in the future if necessary.

The second variance, to Section 6.20 F 3, is a request for five (5) buildings with

frontage on a cul-de-sac.  The zoning ordinance clearly states that only four (4) are

allowed. One option would be to push the road down further so there would be more

 frontage and could get four lots on the cul-de-sac.  However, that pushes down a

steep, wooded hill.  They would like to keep the road up so the houses can be at

the top of the hill.  Another option would be to have the fifth lot on the cul-de-sac

with frontage on Francis Road .  Boss Engineering believes allowing five lots on the

cul-de-sac is a better design for the township. 

The third variance, to Section 6.13 B 1, is a request for encroachment of the road

into the 50-foot landscape buffer zone due to physical constraints of the property. 

John Lowe asked about the 66 feet from the cul-de-sac to Schroeder Park Drive ,

and whether that could be set up with a breakaway gate for emergency access for

the fire department.  Mr. Boss said that would be possible. There’s no roadway per

se right now.  Mr. Lowe said he would like to see a locking gate at the property line.

Mr. Boss said they have no problem with that; they would be willing to work with the

Eagles. Mr. Lowe said for safety reasons, he would like to see a secondary

emergency access.  It would also satisfy the basis for 30 houses on a private road.

John Lowe said The Forest has five houses on a cul-de-sac and the spacing

between houses appears to be similar to the other houses.  Mr. Boss said the

LCRC had the requirement primarily for houses with open ditches.  The proposed

development will be curb and gutter with catch basins.  John Lowe asked if the

frontage on the cul-de-sac lots was the same as the others.  Mr. Boss said yes. 

Call to the Public

Kathy St. Onge, 693 Francis Road :  Mrs. St. Onge asked where the power lines

would be moved.  Mr. Boss showed her on the site plan.

Louise Dodd, 1722 Fox Ridge:  Mrs. Dodd asked the approximate value of the

homes that would be built.  Mr. Boss said his best guess would be in the $280,000

to $320,000 range.  Mrs. Dodd asked about an evergreen buffer on Francis Road .

John Lowe said additional trees wouldn’t provide screening, because the houses

would be up on the hill.

(Close Call to the Public)

Larry Fillinger motioned to relax Section 6.19 B to allow 30 home sites with a single

access.  In addition, the township is asking for a 66-foot easement at the Eagle site

for gated emergency access per the Howell Area Fire Authority regulations. 

By granting the variance, this would eliminate five additional driveways on Francis

Road, which is a safety concern, and would provide secondary access.  Dan Lowe

seconded.  Roll call vote:  Dan Rossbach, Larry Fillinger, John Lowe, Dan Lowe—

all yes.  Motion carried 4-0.

Dan Lowe motioned to relax Section 6.20 F 3 to grant a variance to allow five

building sites on the cul-de-sac due to the topography.  Also, the road will be curb

and gutter with higher standards of drainage rather than open ditch.  Larry Fillinger

seconded.  Roll call vote:  Dan Rossbach, Larry Fillinger, John Lowe, Dan Lowe—

all yes.  Motion carried 4-0.

Dan Rossbach motioned to relax Section 6.13 B 1 to allow a 50-foot encroachment of the

road landscape buffer zone referenced on the preliminary site plan dated 9/7/04 (sheet #5—

landscape plan), due to power lines that encroach on the road right-of-way.  The 50-foot

greenbelt requirement was intended for county roads, not interstates that have larger road

rights-of-way.  Additional landscape buffering will be provided.  Moving the road further

south would push houses closer to the interstate.  The developer will provide evergreens

instead of deciduous trees subject to the approval of the township Planning Commission.

Dan Lowe seconded.  Roll call vote:  Dan Rossbach, Larry Fillinger, John Lowe, Dan Lowe

—all yes. Motion carried 4-0.




Larry Fillinger motioned to adjourn the meeting at 8:45 p.m. Dan Rossbach

seconded.  Motion carried 4-0.