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MARION
ZONING BOARD OF APPEALS Monday,
December 5, 2005 7:30
p.m. CALL TO
ORDER: MEMBERS
PRESENT: CALL TO
PUBLIC: Agenda Items only –
3 minute limit APPROVAL OF AGENDA: APPROVAL OF MINUTES FOR:
November 7, 2005 Regular Minutes OLD
BUSINESS: NONE
ZBA
Case # 11-05 –
Harris /
Szymanski CALL TO
PUBLIC: ADJOURNMENT: Regular Meeting
MEMBERS
PRESENT:
John Lowe, Dan Lowe, Linda Manson-Dempsey, Larry Fillinger and Dan
Rossbach MEMBERS
ABSENT:
None OTHERS
PRESENT:
Mike Kehoe, Township Attorney
********************************************************************************************** CALL
TO ORDER John Lowe called the meeting to order at APPROVAL OF AGENDA Larry
Fillinger asked to have the order of the agenda changed, and motioned to
approve the agenda as amended. Dan
Rossbach seconded. Motion
carried 5-0. MEMBERS
PRESENT The
members of the Zoning Board of Appeals introduced themselves.
CALL
TO THE PUBLIC None. APPROVAL
OF MINUTES NEW BUSINESS ZBA Case #11-05—Mitch Harris/Szymanski John
Lowe asked Mike Kehoe for his opinion on reconfiguring the lot to include a
portion of the open space. Mr.
Kehoe said reconfiguring the lot presents a problem because all of the units
have rights to the open space. Call to the Public Motions Dan
Rossbach motioned, for ZBA Case #11-05—Mitch Harris and Szymanski, Tax
Code #4710-02-102-046, to relax Section 13.03 B and J, granting a three-foot
variance for construction of the house on unit 46.
The house was constructed before the error in placement was
discovered and it would be a hardship to move it.
The variance is also being granted due to the mitigating circumstance
of the open space. Linda
Manson-Dempsey seconded. Roll
call vote: Dan Rossbach, Larry
Fillinger, Linda Manson-Dempsey, John Lowe, Dan Lowe—all yes.
Motion carried 5-0. Dan
Rossbach motioned to grant a seven-foot variance on the west side of unit 46
for a deck due to the existing location of the house that was built within
the setback, and the fact that moving the west property line is not an
option due to the PUD agreement. A
four-foot sidewalk is the minimum encroachment that allows the deck to be
usable, based on information provided by Desine, Inc.
Based on the information the applicant provided, the variance meets
the requirements of Section 5.05 C, items 1-6.
Larry Fillinger seconded. Roll
call vote: Dan Rossbach, Linda
Manson-Dempsey, Larry Fillinger, Dan Lowe, John Lowe—all yes.
Motion carried 5-0. OLD
BUSINESS ZBA
Case #05-05—Radick (update) CALL TO THE PUBLIC None. ADJOURNMENT Larry
Fillinger motioned to adjourn the meeting at |