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MARION TOWNSHIP

ZONING BOARD OF APPEALS

Monday, July 12, 2010

7:30 p.m.

AGENDA and DRAFT MINUTES

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA:  July 12, 2010

INTRODUCTION OF MEMBERS: 

CALL TO PUBLIC:  Agenda Items only – 3 minute limit

APPROVAL OF MINUTES FOR: May 3, 2009 Regular meeting                                   

OLD BUSINESS:    ZBA Case # 02-09 – Daniel C. Strong

                          771 Hurley Drive – Tax ID# 4710-35-301-029

NEW BUSINESS:    ZBA Case # 02-10 – John & Judith LaFleur

                            5901 Mason Road – Tax ID# 4710-06-100-024

CALL TO PUBLIC:

ADJOURNMENT:

 
                                   DRAFT MINUTES

 

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

MEMBERS ABSENT:    John Lowe and Larry Fillinger

****************************************************************************************************

CALL TO ORDER

Linda Manson-Dempsey called the meeting to order at 7:52 p.m.  

APPROVAL OF AGENDA

Dan Rossbach motioned to approve the agenda as presented. Dan Lowe seconded.  Motion carried 3-0.

MEMBERS PRESENT

The members of the Zoning Board of Appeals introduced themselves. 

CALL TO THE PUBLIC

None.

OLD BUSINESS

ZBA Case #02-09—Danield C. Strong, 771 Hurley Dr. , Tax ID #4710-35-301-029

Annette McNamara updated the ZBA members on this item.  The applicant has provided an affidavit of ownership, and the neighbor has done the same.  He has also dropped the variance request for the accessory structure, and is only asking for a 9’ variance on the east property line for a hot tub.

Dan Rossbach motioned for ZBA Case #02-09, Daniel C. Strong, 771 Hurley Dr., Tax ID #4710-35-301-029, to grant a 9’ side yard setback variance to Section 8.04 E 3 a #2 on the east property line for a hot tub; applicant has dropped the request for a variance on the rear yard setback, Section 8.04 E 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.  The structure does not cause any obstruction.

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 topography, the size of the lake lot, and this location is most suitable for the structure.

3.       The conditions and circumstances unique to the property were not self created.  The circumstances were not self-created; it’s a topography issue.

4.       Why the requested variance will not confer special privileges that are denied other properties similarly situated and in the same zoning district.  Variances have been granted to similar situations.

5.       Why the requested variance will not be contrary to the spirit and intent of this zoning ordinance.  Granting this variance does not create a hardship for any other property owners.   

6.       The difficulty shall not be deemed solely economic.   There is no financial gain.

Dan Lowe seconded.  Motion carried 3-0.

NEW BUSINESS
ZBA Case #02-10—John & Judith LaFleur, 5901 Mason Rd. , Tax ID #4710-06-100-024

Mr. and Mrs. LaFleur were present to request a variance to build an addition, along with their contractor, Mike Leech. 

After lengthy discussion on the various options, Dan Rossbach motioned to table ZBA Case #02-10 until July 26, to get additional measurements and a floor plan of the existing house.  Dan Lowe seconded.  Motion carried 3-0.

Annette McNamara will post a notice for the July 26 ZBA meeting at 7:30 p.m.

APPROVAL OF MINUTES

May 3, 2010 Regular Meeting:  Dan Rossbach motioned to approve the minutes as presented.  Dan Lowe seconded.  Motion carried 3-0.

CALL TO THE PUBLIC

None.

ADJOURNMENT

Dan Lowe motioned to adjourn the meeting at 9:25 p.m.   Dan Rossbach seconded.  Motion carried 3-0.