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                                       Zoning Board of Appeals

                                                MARION TOWNSHIP

                                                 DECEMBER 2, 2002 @ 7:30 p.m.


MEMBERS PRESENT:            John Lowe, Dan Rossbach, Dan Lowe, Linda Manson-Dempsey 

                                                   and Larry Fillinger

MEMBERS ABSENT:            None


OTHER PRESENT:           Annette McNamara, Zoning Administrator

                                                Robert Hanvey, Marion Township Supervisor



  John Lowe called the regular meeting of the Zoning Board of Appeals to order at 7:32 p.m.


  Correct Approval of Agenda:  December 2, 2001 to read: December 2, 2002

Larry Fillinger motioned to approve agenda as amended.  Linda Manson-Dempsey seconded.  Motion carried 5-0.


November 4, 2002
Larry Fillinger motioned to approve the November 4, 2002 minutes as presented. 
  Dan Rossbach seconded.  Motion carried 4-0-1.  Manson-Dempsey abstained.


ZBA Case number 02-01: Currie

Table old business for Currie. Currie case postponed to next regular meeting that will be established later in this 

meeting if that is acceptable to everyone.


Linda Manson-Dempsey motioned to table ZBA case number 2-01 for Currie until the next scheduled meeting. 

  Dan Rossbach seconded.  Motion carried 5-0.  


ZBA Case number 21-02: Castle

Mr. Castle would like to split his land of 3.23 acres into two equal size parcels. He submitted a plan requesting a 2-acre lot, 

which would include his home, and the other lot at 1.7 acres which is non-conforming to build on.  He is requesting a variance

 to the 2-acre lot minimum in Section 8.01 F 1 a. due to physical and financial distress. Mr. Castle was asked if he has 

approval from the Livingston County Road Commission (LCRC) for the new driveway. He has not contacted them to 

request the driveway for the proposed lot.


A petition for  “I object to this variance” was signed by 26 Black Eagle Valley residents.

Judy Burgess, Black Eagle Ridge, Howell, MI, stated she would like to know where the new driveway would be located.  

She would like to know if the land can be sold to a resident with an adjoining lot, would she be notified of another meeting.

Doug Murphy, Black Eagle Ridge, Howell, MI, stated he is opposed to the proposed split because he purchased his lot 

based on the large vacant area next to his property.  He feels an additional driveway would be a hindrance.

Jeff Grainger, W. Coon Lake Road, Howell, MI, stated he enjoys the rural area and feels that granting a nonconforming 

split is not in rural residential character. He suggested that Mr. Castle consider selling the 1.7 acre land to an adjacent 

land owner such as Mr. Murphy, to generate income without creating a nonconforming lot. 

Mark Osborn, Black Eagle Ridge, Howell, MI, present to observe on behalf of his wife who is the Secretary for the 

Black Eagle Valley Homeowners Association.

John Lowe would like Mr. Castle to investigate option to sell portion of land to adjacent landowner.


Linda Manson-Dempsey motioned to table ZBA case number 21-02 for Mr. Castle to the next regular meeting.    

 Mr. Castle is to investigate selling a portion of his property to an adjacent property owner. He is to contact LCRC to address 

issue of driveway on new proposed lot and to submit a drawing to scale of the proposed split. Dan Rossbach seconded. 

 Roll call vote: Lowe, Rossbach, Fillinger, Lowe, and Manson-Dempsey-all yes.  Motion carried 5-0.

ZBA Board Discussion

The board discussed rescheduling the January 6, 2003 meeting because John Lowe and Linda Manson-Dempsey will not be

 available. Monday, January 13, 2003 is a suggested reschedule date.  John Lowe asked that ZBA Case number 18-02 for

Ward be moved from the January agenda to the February agenda. Mr. Aaron Currie introduced himself to the Board and 

requested the possibility of having the matter considered during the month of December. General consensus of the board

 was that January 13th was best due to various scheduling conflicts.


Linda Manson-Dempsey motioned to reschedule the January 6, 2003 meeting to January 13, 2003.  Larry Fillinger seconded.

Motion carried 5-0.

ZBA Case number 22-02:  Hill

Mr. Hill is requesting a 15-foot variance to the 25-foot rear lot line setback for a proposed in ground pool.  When he purchased 

this lot he asked the salesperson if he could build a pool and was advised he could do so. In addition, Mr. Hill has provided a 

copy of the Master Deed, which indicated that in ground pools and hot tubs may be installed, if permitted by the Township. 

Mr. Hill paid $1,500.00 dollars to an area pool company to investigate with the township and was told the pool could be built.

 The pool is 10 foot off the rear yard setback, which includes a 3 foot cement walkway around the pool and trees located

 5 foot off the lot line. Lengthy discussion ensued regarding drainage in the rear of property. Will there be proper steps taken 

to adjust elevations for adequate drainage?  Will the installation of the pool create flooding on adjoining lots? John Lowe 

requested Mr. Hill provide the Zoning Board of Appeals with the current elevations and obtain a signed document from 

Delcor stating their approval. Mrs. Hill stated they have been advised by two pool companies, the builder, and Hometown 

that they would be able to build a pool. Mrs. Hill reiterated the importance of the pool as it is her only source of exercise 

because she has carpal tunnel syndrome in both of her wrists and can only do exercises that are weightless. John Lowe 

raised concern if variance is granted a precedent is being set and others could come before the township for the same request.


John Lowe read a letter from Mr. and Mrs. Gawronski asking that the variance be denied.

Michael Gawronski , Portsmouth Drive, Howell, MI  stated he is opposed to variance being granted because it will infringe 

upon the privacy as well as the aesthetics of his property. 


Dan Lowe motioned to table ZBA case number 22-02: Hill, Mr. Hill is to submit additional information prior to the next meeting.

Larry Fillinger seconded.  Roll call vote: Lowe, Fillinger, Manson-Dempsey, Lowe, and Rossbach – all yes.  Motion carried 5-0.



Dan Rossbach motioned to adjourn at 9:45 p.m. Larry Fillinger seconded.  Motion carried 5-0