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ZONING BOARD OF APPEALS Monday,
July 9, 2007 AGENDA
CALL TO ORDER: MEMBERS PRESENT:
CALL TO PUBLIC:
Agenda Items only – 3 minute limit APPROVAL OF AGENDA:
July 9, 2007 APPROVAL OF MINUTES FOR:
June 4, 2006 Regular Meeting
ZBA Case # 02-07 – Patrick & Judy
Keough
NEW BUSINESS:
ZBA Case # 06-07 – Gary &
Pamela Herren
5319 Dutcher Road – Tax ID# 4710-31-100-025
CALL TO PUBLIC: ADJOURNMENT: DRAFT MINUTES MEMBERS PRESENT:
John Lowe, Dan Lowe, MEMBERS ABSENT:
None OTHERS
PRESENT:
**************************************************************************************************** CALL TO ORDER
John Lowe called the meeting to order at APPROVAL OF AGENDAMotion carried 5-0. MEMBERS PRESENT The members of the Zoning Board of
Appeals introduced themselves. CALL TO THE PUBLIC None. APPROVAL OF MINUTES OLD BUSINESSZBA
Case #03-07--William & Colleen Harden, 2435 Sharma Lane, Tax ID
#4710-16-101-001 Mr.
Harden’s request was tabled from a previous meeting so he could stake the
building and uncover his septic. John
Lowe said he talked with John Wilson from the Livingston County Health
Department, who told him the isolation distance is ten (10) feet from the
tank and ten (10) feet from the drain field.
Mr. Harden said because of the location of his house, he is
requesting the variance so that it’s more easily accessible and
aesthetically pleasing. No
neighbors were present regarding this case.
The ZBA members discussed options such as reducing the size of the
garage and offsetting the garage doors. Dan
Lowe motioned to grant the variance request for ZBA Case #03-07 for a nine
(9) foot variance on the southwest corner and seven (7) foot variance on the
southeast corner, as shown in the drawing submitted, considering the
following criteria: 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 strict
enforcement would deprive the owners of building a garage on their lot based
on the location of the existing house. 2.
The
conditions and circumstances unique to the property, which are not similarly
applicable to other properties in the same zoning district. The conditions
and circumstances are unique to the property because of the location of the
house. 3.
The conditions and circumstances unique to the property were not self
created. 4.
Why the requested variance will not confer special privileges that are
denied other properties similarly situated and in the same zoning district. Others
in the same zoning district have detached garages and the proposed location
is the only one that allows full access to the garage and septic. 5.
Why the requested variance will not be contrary to the spirit and intent
of this zoning ordinance. The variance would allow the owner to use his property as others in the
same zoning district and allow full use of the garage. 6.
The difficulty shall not be deemed solely economic.
The request is not based on economics. Mr.
Harden asked what his options are. The
zoning administrator said he must meet the specifications of the zoning
ordinance. He can reapply for
the variance if there is newly-discovered evidence, or he can resubmit the
application after one year. ZBA
Case #02-07—Patrick & Judy Keough, ZBA
Case #06-07—Gary & Pamela Herren, 5319 Dutcher Road, Tax ID
#4710-31-100-025 John
Lowe told the applicants that before the ZBA can consider the variance
request, they need a registered survey that shows the corners of the
building in relation to the corners of the property.
Ms. Herren said she will get a survey prior to the next meeting The
zoning administrator asked the applicant to provide 10 copies, and asked
that they not be reduced or enlarged. CALL TO THE PUBLICNone. ADJOURNMENTMotion
carried 5-0. |
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