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ZONING BOARD OF APPEALS Monday,
July 7, 2008 AGENDA and MINUTES CALL TO ORDER: APPROVAL OF AGENDA:
July 7, 2008 INTRODUCTION OF MEMBERS:
CALL TO PUBLIC:
Agenda Items only – 3 minute limit APPROVAL OF MINUTES FOR:
March 3, 2008 Regular Meeting
OLD BUSINESS:
ZBA Case # 06-07 – Gary &
Pamela Herren
5319 Dutcher Road – Tax ID# 4710-31-100-025 ZBA Case # 01-07 – Patrick Marquardt
3794 Cedar Point Road
– Tax ID# 4710-28-301-006 NEW BUSINESS:
CALL
TO PUBLIC: ADJOURNMENT: MEMBERS PRESENT:
John Lowe, Dan Lowe, Larry Fillinger, MEMBERS ABSENT:
None CALL TO ORDER
John Lowe called the meeting to order at APPROVAL OF AGENDALarry Fillinger asked to have two
items added to the agenda: a
letter regarding the open air special use permit, and a parcel on D-19 near MEMBERS PRESENT The members of the Zoning Board of
Appeals introduced themselves. CALL TO THE PUBLIC None. APPROVAL OF MINUTES OLD BUSINESSZBA
Case #06-07—Gary & Pamela Herren, 5319 Dutcher Road, Tax ID
#4710-31-100-025 Pamela
Herren was present and said she has nothing to present to the Board.
John Lowe said Mrs. Herren was supposed to present a detailed plan to
the Board. Mrs. Herren said her
husband lost his job. She asked
the ZBA members why there are other barns in the township that exceed the
square footage allowed based on the size of the house.
Annette McNamara said two of the properties in question have Special
Use Permits for the horse stable. She
also told Mrs. Herren that some of the barns were pre-existing,
non-conforming situation. Linda
Manson-Dempsey told Mrs. Herren that each case is reviewed individually.
Dan Lowe said the critical issue is that the barn is not on Mrs.
Herren’s property The
ZBA members discussed the options available to Mrs. Herren.
It was suggested that, due to Mrs. Herren’s financial situation,
the ZBA could allow her additional time to correct the violation.
Bob Hanvey reminded Mrs. Herren that if any demolition is done on the
barn, she will need a Land Use Permit from the township and a permit from
the Livingston County Building Department.
Linda
Manson motioned for ZBA Case #06-07—Gary & Pamela Herren to grant a
variance to Section 8.01 F 3 c with a 20’ rear yard setback variance to
allow the property owner to situate the structure 5’ off of the rear
property line. By removing this
section of the structure, the violation of Section 6.07 1 would also be
corrected. The property owner
must follow the proper legal channels by getting a Land Use Permit from the
township and getting a permit from the Livingston County Building
Department. Significant progress
must be made within six months (by The
following criteria was considered: 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 barn has already been built
on property not owned by the Herrens. 2.
The
conditions and circumstances unique to the property, which are not similarly
applicable to other properties in the same zoning district.
The circumstances are unique
because the owner built on property they don’t own. 3.
The
conditions and circumstances unique to the property were not self-created.
The circumstances were
self-created by the property owner. 4.
Why the
requested variance will not confer special privileges that are denied other
properties similarly situated and in the same zoning district.
This type of variance has been
granted in the past. 5.
Why the
requested variance will not be contrary to the spirit and intent of this
zoning ordinance. By granting the rear yard setback variance, the building can meet the
size requirement in the ordinance. 6.
The
difficulty shall not be deemed solely economic.
No money will be generated as a
result of granting this variance. Discussion:
Dan Rossbach restated that the ZBA is granting a 20’ variance to
the rear yard setback, the structure must be 5’ from the property line,
and work must be significantly done within six months and completed within
eight months. Larry
Fillinger seconded. Roll call
vote: Rossbach, Fillinger,
Manson-Dempsey, J. Lowe, D. Lowe—all yes.
Motion carried 5-0. ZBA
Case #01-07—Patrick Marquardt, 3794 Cedar Point, Tax ID #4710-28-301-006 Annette
McNamara said that progress continues to be made on this situation.
She spoke with Robert Paul from the Livingston County Health
Department, who’s working with Boss Engineering.
Mr. Paul has said he doesn’t think there will be a problem.
John Lowe said he has a concern with the wording on page 5, section B
of the easement agreement, and would like the township’s attorney to
review. Dan Lowe asked if perk
tests have been done on the property; Mr. Marquardt said yes.
Ms. McNamara asked Mr. Marquardt for permission to have the township
attorney contact his attorney; Mr. Marquardt said yes. Ms.
McNamara will request something in writing from the LCHD.
Also, if Mr. Marquardt will be adding a second story to the principal
dwelling, the field should be designed with the additional square footage in
mind. Larry
Fillinger motioned for ZBA Case #01-07—Patrick Marquardt to table until
the next ZBA meeting where another case is scheduled to obtain additional
information from the Livingston County Health Department and the
township’s attorney. Linda
Manson-Dempsey seconded. Motion carried 5-0. NEW
BUSINESS Larry
Fillinger asked whether the variance given to Craig Whitney for the open air
SUP is null and void. Annette
McNamara said it’s not clear whether the variance is given only to the
applicant or if it goes with the property, although the ZBA worded the
motion granting the variance to only allow for this specific activity.
Bob Hanvey said variances going with the property have been held up
in recent court cases. The
ZBA members also discussed the Hare variance request #10-05 for parcel ID
#10-26-200-051, and previous variances granted and whether they are still
valid or not. CALL TO THE PUBLICNone. ADJOURNMENT
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