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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
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CALL TO ORDER
John
Lowe called the meeting to order at 7:31 p.m. APPROVAL OF
AGENDA
Larry
Fillinger made a motion to approve the agenda.
Dan Rossbach seconded. Motion
carried 4-0. APPROVAL OF MINUTES 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. OLD
BUSINESS 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 building. 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. CALL TO THE PUBLIC None. ADJOURNMENT
Dan
Lowe made a motion to adjourn at 9:15 p.m. Dan Rossbach seconded.
Motion
carried 4-0.
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