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                                 MARION TOWNSHIP

                 Draft Minutes

                   Zoning Board of Appeals

                         April 5, 2004 


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

MEMBERS ABSENT:            Linda Manson-Dempsey

OTHERS PRESENT:             Robert Hanvey, Township Supervisor

                                                Annette McNamara, Zoning Administrator




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


Larry Fillinger made a motion to approve the agenda.  Dan Rossbach seconded.  Motion carried 4-0.


The following changes were noted:

 First paragraph, first sentence, the word “has” should be inserted in the second sentence to read,

“Mr. BeDen “has” two adjacent parcels….”

Larry Fillinger made a motion to approve the minutes from March 1, 2004 as amended.  Dan Rossbach

seconded. Motion carried 4-0.

Call to the Public

Mary Ellen Finch, 1687 Triangle Lake Road, which is the house south to the Bandys, questioned if the

drawing she has that went to the Health Department is the same and it is. Ms. Finch expressed concern

over the square footage and placement of the new building obstructing her view to the lake. Mr. Bandy

stated it would stick out only five feet further than the existing deck.

Rebecca Mistretta, 2883 Rubbins, stated they moved across the lake to a house that was next to a house

that had been grandfathered in from the original cottage and was built into a house. She stated with the

setbacks their front lake side is even with their door going into their house and stated their house sits all

the way in front of their house which blocks their view and enjoyment of the lake.

Tony Mistretta, 2883 Rubbins, asked if this decision will set a precedent? John Lowe explained that issues

that come to the Zoning Board of Appeals are treated individually and has no basis on anything. He also

asked how many bedrooms and whether there would be laundry facilities.

There will be two bedrooms, one bath, no basement, and no laundry facilities.

Tom Klebba, 1615 Triangle Lake Road, stated he has no objections to what the Bandys are doing.

His objection is that this is the fourth summer that the burned house has been there and would like to see

it removed. Mr. Klebba asked the Zoning Board of Appeals members if they have the authority to have this

removed and Mr. Lowe stated proceedings had been started through the Township Attorney and if the

structure has not been removed, the attorney will follow through with the process if it is not taken care of

by June first. Mr. Klebba also asked the board why they had not dealt with this before and John Lowe

stated they were not aware of it until recently.

In discussion, it was stated that the existing structure had two bedrooms, one bath, kitchen, living room,

shed. A restriction was imposed by the Health Department through an appeals process regarding a

laundry room due to the engineered drainfield and this system will require yearly inspections by the Health

Department. The drainfield is getting moved to the rear of the property, which is being installed within the

right of way and the Road Commission has the ability to use that right of way.

Dan Lowe questioned available parking spaces and parking has always been parallel parking.


ZBA Case #2-04-Bandy

Mr. and Mrs. Bandy reported that they had contacted Boss Engineering since the last ZBA meeting. They also

received a letter from the Livingston County Health Department (LCHD) stating the letter had been rewritten.

Mr. Bandy also stated they had received a letter from the Township Attorney stating they had to remove the existing


John Lowe reported that he talked to the LCHD who stated they approved the set of drawings the Bandys had

submitted. The Livingston County Road Commission still wants the site plan submitted with final site plan approval.

Mr. Bandy stated they had everything from Boss Engineering. John Lowe pointed out the exact location of the septic

system is required and had not been submitted to date.

John Lowe stated for clarification that the letter given back to the township in response to the Township Attorney’s,

Mike Kehoe, letter that essentially set a date for the demolition of the existing building and stated the township’s

specifications would only allow the existing building to be reconstructed and further additions would be on a separate

basis. The Township Attorney’s letter states the additional area would only be approved subsequent to the removal

of the existing building.

John Lowe once again explained the violation process and stated that process remains in effect on the existing

building and that process is ongoing until the removal of the building. It was clearly stated and understood by all

parties that the removal of the building is to be gone and completed within the first week of June.

Setbacks and variances were discussed:

-          Building lines would remain essentially the same and the Bandys would be going forward to the lake

     approximately 21 feet further than what either house on each side is.

-          The existing house is 28 feet; the new addition toward the south side lot line would be 10 foot

-          6-7 feet to the west side lot line

-          Added 1 foot to the north lot line, which would be 8 feet off the lot line

Dan Rossbach made a motion to grant variances for ZBA Case # 2-04-The Bandys. The first variance would be

a 22 and a half foot front yard setback; a second variance would be two and a half feet on the north side; and the

third variance for setbacks would be a 20 foot on the rear yard setback.

Within 60 days the existing building or dwelling shall be raised and removed and cleaned or else all variances

permitted will be void or withdrawn. Subject to the Health Department and subject to the letters from the Health

Department and Livingston County Road Commission (LCRC)

Dated June 26, 2002, and the Livingston County Department of Public Health, letter dated March 23, 2004, also the

letter from Mike Kehoe dated April 5, 2004 and the third and last letter submitted by Mike Kehoe.

Also provided that the heating and cooling units be placed on the south side of the lot; heating and cooling and the

above ground decks and stairways be restricted to the south side of the lot not to extend beyond the front yard

building line.

These variances shall be submitted through the plans provided by Boss Engineering, job number 02096, dated

July 25, 2002.

Practical difficulties would be due to replacement of the structure that’s burned and replacement of the said

structure and by granting the variances making it conform to the square footage

The practical difficulty or unnecessary hardship would be the strict enforcement:

1.      Strict enforcement of the provisions would cause an unnecessary hardship and deprive the owner of rights

      enjoyed by other property owners within the same zoning district.

2.      The conditions and circumstances unique to the property which are not similarly applicable to other

properties in the same zoning district. They are essentially basically the same in the area because none of the

houses meet the current standards at this point in time. What is being discussed brings it into conformity with

 the existing surrounding properties would be essentially that one.

3.      The conditions and circumstances unique to the property were not self-created; why the requested variance

will not confer special privileges that are denied other properties similarly situated in the same zoning district.

 (John Lowe stated the house had burned and the board is allowing it to be replaced and by changing the size

of the house will bring it into conformity with the square footage requirements of the current zoning. Setbacks are

 not unusual for lake property with the lots that are surrounding it on either side.

4.      Why the requested variance will not be contrary to the spirit and intent of this zoning ordinance. John Lowe

 stated in an attempt to balance the dimensional variations and conformity of the square footage with the setbacks.

5.      The difficulty shall not be deemed solely economic; there’s no discussion about economic feasibility of

replacing the structure back on the property to make it usable.

Dan Lowe seconded. Larry Fillinger-yes; Dan Rossbach-yes; John Lowe-yes; Dan Lowe-yes. Motion carried 4-0.




Dan Lowe made a motion to adjourn at 9:15 p.m. Dan Rossbach seconded. Motion carried 4-0.