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MARION
TOWNSHIP
ZONING BOARD OF APPEALS
Monday,
December 7, 2009
AGENDA
and DRAFT MINUTES
CALL TO ORDER:
APPROVAL OF AGENDA:
December 7, 2009
INTRODUCTION OF MEMBERS:
CALL TO PUBLIC:
Agenda Items only – 3 minute limit
APPROVAL OF MINUTES FOR: June
1, 2009 Regular Meeting
OLD BUSINESS:
None
NEW BUSINESS:
ZBA Case # 02-09 – Daniel C. Strong
771 Hurley Drive
– Tax ID# 4710-35-301-029
Election of Officers, Chairman,
Vice Chairman and Secretary
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 #02-09—Daniel Strong,
771 Hurley Dr.
, Tax ID #4710-35-301-029
The
applicant, Daniel Strong, was present on behalf of this case.
He is seeking a variance for a roof to cover his hot tub and for a
shed. The encroachment is on a
portion of
Ridge Road
that has been closed. In 1949,
the property owners signed an agreement closing the road and filed it with
the
county
Register
of Deeds. However, the plat was
never changed. Dan Lowe said he
feels that the applicant and the other property owners should apply for
adverse possession of the property.
Dave Hamann
,
870 Hurley Drive
, said there are only two ways to replat.
One is the property would be dedicated to all owners of the plat and
the other is for the local governing body to pass a resolution notifying
property owners. Dan Lowe said
he talked with the township’s attorney who felt the best way to pursue
this would be to table the variance request until the property owners can
pursue adverse possession.
Gary
Brakoniecki, 833 Hurley, said he is the former president of the lake
association and that Mr. Hamann told him the road was officially closed.
Janet
Ladzinski, 741 Hurley, asked for clarification on whether all owners would
need to agree.
Frank
Ladzinski, 761 & 741 Hurley, said the difference between Hurley and
Ridge is that Hurley has been and is still used as a road, and there’s no
comparison between the two roads.
The
ZBA members told Mr. Strong that they cannot grant a variance on property
that doesn’t belong to him.
Mr.
Ladzinski said that he owns the adjacent parcel and he doesn’t oppose the
variance request.
Linda Manson-Dempsey
motioned to table ZBA Case
#02-09 (Part A) for six months to allow the applicant to pursue adverse
possession and documentation of ownership of the unused 25’ right-of-way
formerly known as Ridge Road that crosses between lots 19 and 37, and to
follow-up at the June 2010 ZBA meeting, if not sooner.
Larry Fillinger seconded. Motion carried 5-0.
Dan Rossbach
motioned to table ZBA Case #02-09 (Part B) for up to
six months for a shed on the north side of the property, pursuant to Section
8.04 E 3 a #2 and #3, and applicant will provide detailed drawings.
Larry Fillinger seconded. Motion
carried 5-0.
ELECTION
OF OFFICERS
Larry
Fillinger motioned to nominate John Lowe as chairman.
Linda Manson-Dempsey
seconded. Roll call vote:
Fillinger, Manson-Dempsey, Rossbach, D. Lowe—all yes.
Motion carried 4-0 (J.
Lowe abstained.)
Larry
Fillinger motioned to nominate
Linda Manson-Dempsey
as vice chairman.
Dan Rossbach
seconded. Roll call vote:
Fillinger, Rossbach, J. Lowe, D. Lowe—all yes.
Motion carried 4-0
(Manson-Dempsey abstained.)
Larry
Fillinger motioned to nominate Dan Lowe as secretary.
Dan Rossbach
seconded. Roll call vote:
Fillinger, Manson-Dempsey, Rossbach, J. Lowe—all yes.
Motion carried 4-0 (D. Lowe abstained.)
CALL TO THE PUBLIC
None.
ADJOURNMENT
Larry Fillinger motioned to adjourn the meeting at
9:20 p.m.
Linda Manson-Dempsey
seconded.
Motion carried 5-0.
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