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MARION
TOWNSHIP
July 19, 2004
MEMBERS PRESENT:
John Lowe, Larry Fillinger, Linda Manson-Dempsey, Dan Lowe, and Dan
Rossbach
MEMBERS
ABSENT:
None
OTHERS
PRESENT:
Mike Kehoe
, Township Attorney
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
Annette McNamara asked to have the agenda amended to include
scheduling a special meeting for Chestnut
Development, and to start the process of updating the Rules
and Procedures for the ZBA. John
Lowe requested that
“New Business” be moved up before “Old Business.”
Linda Manson-Dempsey motioned to amend the agenda as
requested. Dan
Rossbach seconded. Motion
carried 5-0.
APPROVAL OF MINUTES
Zoning Board of Appeals,
June 7, 2004
Larry Fillinger motioned to approve the
June 7, 2004
minutes as amended. Linda
Manson-Dempsey seconded.
Motion carried 5-0.
NEW BUSINESS
ZBA Case #4-04—
Jesse Drive
Private Road (Ward)
John Lowe explained that the ZBA has to direct the Planning Commission to
submit its recommendations.
Mike Kehoe
said there’s a little awkwardness in the ordinance.
The ordinance says that the ZBA is not to grant a variance from the
construction standards or road geometrics unless the Planning
Commission has reviewed and provided a
recommendation on the variance request.
Under the ordinance, the Planning Commission can’t take a position
on the
variance request until it has actually been submitted to the
township. Ray Ward said he
thought that’s what was done.
John Lowe said there wasn’t a recommendation specifically
per issue; there was just a recommendation to send to the
ZBA for its interpretation.
Linda Manson-Dempsey had questions on
Mike Kehoe
’s letter dated
July 15, 2004
.
The letter made reference to certain lots being difficult to
construct without intrusion into wetlands.
Ms. Manson-Dempsey pointed out that isn’t a ZBA issue.
She also said the applicant has been to the ZBA before.
Chairman Lowe explained that was a different plan, and that
some issues discussed in the letter were in response to
the questions raised in OHM’s letter.
Mr. Kehoe also said when he read the minutes from the Planning
Commission’s
meeting, he wasn’t certain whether preliminary site plan
approval had been granted. Ms.
Manson-Dempsey asked if
anyone knew whether approval had been given.
Mr. Kehoe said that Mr. Boss believed that the preliminary site plan
was fine and the next step was review by the ZBA.
Ms. Manson-Dempsey pointed out that OHM’s review letter said
the zoning ordinance specified minimum frontage of 120 feet.
The letter from the township planner said that rural
residential requires a minimum of 150 feet of frontage.
Which one is correct? Annette
McNamara said 150 feet is correct.
Ms. Manson-Dempsey again asked whether approval was given.
Annette McNamara read the motion from the Planning
Commission’s minutes. Chairman
Lowe said his understanding of the Planning Commission’s intent was to
send this to
the ZBA for its approval for the overall configuration of the
road. Mr. Ward asked whether once this
clears the Planning
Commission and the ZBA approves it, does it have to go back
to the Planning Commission? Mr.
Kehoe said that
Mr. Boss would be requesting the Planning Commission to grant
conditional approval, so that once the ZBA has
approved, it won’t have to go back to the Planning
Commission. Dan Rossbach motioned to
send ZBA Case #4-04—
Jesse Drive/Ward requesting review by the Planning Commission
at its August 24, 2004 meeting of the five variances
applied for in relation to Section 6.20 B, items 1-5, and
also review letter from Miller, Kehoe and Associates, dated
July 15, 2004, regarding Jesse Drive.
Linda Manson-Dempsey seconded. Roll
call vote: Larry Fillinger, Dan
Rossbach,
Linda Manson-Dempsey, John Lowe, Dan Lowe—all yes.
Motion carried 5-0.
OLD BUSINESS
ZBA Case #5-03—Eagles
Pictures were shown of all the signs.
Ms. Manson-Dempsey said the problem isn’t just the Eagles; it’s
also the church.
There are four signs for the church, and two for the Eagles. The
church was given permission to share a sign with the
Eagles; they have an additional three signs.
Annette McNamara said the Eagles were granted a variance on
November 3, 2004
, and the permit was issued on
December 2, 2004
.
Mike Kehoe
said it sounds like they are violating
Section 5.05 E. Annette
McNamara will send a letter to the Eagles reminding them of the deadline.
The church will be
handled separately.
Special Meeting
Annette McNamara asked the ZBA members to select a date for a
ZBA meeting for Chestnut Development. Larry
Fillinger motioned to schedule a Zoning Board of Appeals
meeting for
Monday, August 16, 2004
at
7:30 pm
for
Chestnut Development. Linda
Manson-Dempsey seconded. Motion
carried 5-0.
ZBA Rules and Procedures
Annette McNamara asked to have the procedure started for reviewing and
updating the rules and procedures for the ZBA
She will have the document ready for distribution at the
August 16 meeting.
Three copies of the book entitled
“Authority and Responsibilities of Michigan Township
Officials, Boards and Commissions” will be ordered.
John Lowe asked
Mike Kehoe
whether something should be done to the ordinance to clean up the language
for the
procedure between the Planning Commission and the ZBA.
Mr. Kehoe said yes.
Call to the Public
Larry Fillinger asked the status of the Marion Oaks
development. Bob Hanvey said
they have filed a lawsuit; the
paperwork was received last week.
Adjournment
Linda Manson-Dempsey motioned to adjourn the meeting at
8:35 p.m.
Larry Fillinger seconded.
Motion carried 5-0.
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