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MARION
TOWNSHIP
AGENDA and DRAFT MINUTES
FEBRUARY
7,
2005
CALL
TO ORDER:
MEMBERS
PRESENT:
MEMBERS
ABSENT:
CALL
TO THE PUBLIC:
Agenda Items Only – 3 minute limit
APPROVAL
OF AGENDA: February
7, 2005
APPROVAL
OF MINUTES FOR:
December 1, 2004
OLD
BUSINESS:
NEW
BUSINESS:
ZBA Case # 1-05 – Dennis GottschalK
ZBA Case # 2-05 – Fred Brown
ZBA Case # 3-05 – Fraternal Order of
Eagles
CALL
TO PUBLIC:
ADJOURNMENT:
MEMBERS
PRESENT:
John Lowe, Larry Fillinger, Dan Lowe,
Linda
Manson-Dempsey, and Dan Rossbach
MEMBERS ABSENT:
None
OTHERS
PRESENT:
Annette
McNamara
, Zoning Administrator
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CALL TO ORDER
John Lowe called the meeting to order
at
7:30 p.m.
APPROVAL OF AGENDA
APPROVAL OF MINUTES
Zoning Board of Appeals,
December 6, 2004
Larry
Fillinger motioned to approve the minutes as presented.
Dan Rossbach
seconded.
Motion carried 4-0 (Linda Manson-Dempsey abstained.)
NEW BUSINESS
ZBA Case #1-05—Dennis Gottschalk (Spruce Run)
Jim Barnwell from Desine Engineering
was present to represent Mr. Gottschalk.
The site
is on
Mason Road
, Section 4. Directly to the
west is Maple Farms, and to the south and
east is Turtle Creek.
Mr. Barnwell pointed out topography, sight distance issues, etc., on
the site plan.
The Livingston County Road Commission has reviewed the proposal and
made suggestions.
For the health, safety and welfare of the residents, a boulevard
entrance
will provide dual access to the
development. The proposed
development will have 36
parcels, with two exceptions over to
Painted Drive
. Mr. Barnwell feels this proposal
preserves the natural features and
follows the intent of the township ordinances and master
plan. Mr.
Barnwell read from Section 5.03—regarding practical difficulty and
unnecessary
hardship.
He feels this development is consistent with other developments in
the township.
Therefore, the applicant is
requesting a variance to Section 6.20 H.
John Lowe read the Variance Analysis
provided by Carlisle/Wortman, which recommends
approval of the variance request.
Additional reviews were provided from the township
attorney and the township engineer. John
Lowe asked Jim Barnwell about connecting this
development to Maple Farms, which has
a stub road and was the intent of the Planning
Commission.
This would allow traffic between the developments without going out
on the
main roads.
Mr. Barnwell said that was considered, but the ordinance calls for
two public
roads.
He felt that wouldn’t be consistent with the other developments in
the township.
The ZBA discussed different options,
such as connecting to Maple Farms, Turtle Creek,
or both. Dan Rossbach asked if the
stub road is paved. John Lowe
said he believes it’s
paved up to the greenbelt.
Mr. Barnwell said it’s approximately 130 feet away.
Mr. Barnwell showed the ZBA members
an alternate plan he designed, which connects
Spruce Run with Maple Farms.
The alternate plan has 38 lots, but eliminates a lot of the
wooded area.
He feels this plan isn’t economically feasible.
Call to the Public
Dan Gerhard,
3152 Painted Drive
: Mr. Gerhard said he would
not like a connection
between the proposed development and
Turtle Creek. It would increase
traffic because it’s
going to be the only throughway
between Norton and Mason. He
feels the health and
welfare of both subdivisions would be
jeopardized. Mr. Gerhard also
said he is one of the
few people in Turtle Creek who was
notified of this meeting.
Close Call to the Public
John
Lowe asked Mr. Gerhard who plows the roads in Turtle Creek.
Mr. Gerhard
said
he’s not sure, but he believes Mitch Harris is doing it.
After
further discussion about which developments were designed with stub roads to
interconnect,
Larry Fillinger motioned to table ZBA Case #1-05 until the March ZBA
meeting
for additional information, including finding the original purpose and
feasibility
of
connecting to the stub road in Maple Farms, having the attorney review the
Master
Deed
and PUD agreement for Maple Farms, and the pros and cons of connecting to
Turtle
Creek. Linda Manson-Dempsey
seconded. Motion carried 5-0.
ZBA Case #2-05—Fred Brown
Jim
Barnwell from Desine Engineering, representing Mr. Brown, showed the ZBA
members
the proposed site plan. The
applicant is requesting variances to
Section
8.01 F 2 b and Section 6.18 B. An
MDEQ permit will be required to cross
the
creek. Mr. Barnwell also showed
alternate plans that would have a greater impact
on
the environment. Dan Lowe asked
if lots 34 and 35 are on high ground.
Mr.
Barnwell said yes.
Call to the Public
Close Call to the Public
John
Lowe summarized a review letter from the township attorney, and a Variance
Analysis
from the planner, which recommends denial.
ZBA
Case #3-05—Fraternal Order of Eagles
Art Munsell and Jerry May were
present on behalf of the Eagles. Mr.
Munsell said this request is
the same as the previous
variance that was granted, but had expired.
Mr. Fillinger said the last
variance was issued in November 2003.
Ms. Manson-Dempsey asked if it would have lights.
Mr. Munsell said yes—no moving
lights. Ms. Manson-Dempsey asked
who they would be
sharing the sign with.
Mr. Munsell said he’s not sure.
There are no intentions to, but they
possibly would.
Mr. Fillinger asked about the changes in the drawing for this new
request.
Mr. Munsell said it’s just the
artist’s conception. Possibly,
the bottom portion would be used
for ongoing membership drives, etc.
Dan
Lowe said he wants the remnants of the old signs removed immediately.
Mr.
Munsell said he would remove it once weather permits, then restated he would
remove
it within one week. John Lowe
said the other problem is not getting it done.
Ms.
Manson-Dempsey suggested the Eagles post a bond.
Mr. Fillinger asked the
approximate
cost of the sign. Mr. May said
about $50,000.
John
Lowe asked Mr. Munsell if the Eagles will discuss the sign with the
Crossroads
Church
. Mr. Munsell explained that the
Eagles can have four public functions per year,
per
the Liquor Control Commission, and they have to obtain permission from the
church
for each function. Therefore, it
behooves them to be good neighbors to the
church.
Larry
Fillinger motioned that the ZBA will consider approval of the variance
request
in March once the site has been cleaned up.
Linda Manson-Dempsey
seconded.
Motion carried 5-0.
CALL
TO THE PUBLIC
Sue Lingle,
3808 Brent Drive
: Ms. Lingle said she
supports the proposed sign for the Eagles,
but does agree that the site needs to
be cleaned up. She also
suggested some landscaping
around the sign.
Ms. Lingle also suggested to Mr. Munsell that some kind of contract
could be
worked out with the church.
ADJOURNMENT
Linda
Manson-Dempsey motioned to adjourn the meeting at
9:15 p.m.
Larry Fillinger
seconded.
Motion carried 5-0.
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