MARION TOWNSHIP

ZONING BOARD OF APPEALS

Monday, August 6, 2007

AGENDA and DRAFT MINUTES

CALL TO ORDER:

MEMBERS PRESENT: 

CALL TO PUBLIC:                      Agenda Items only – 3 minute limit

APPROVAL OF AGENDA:            August 6, 2007

APPROVAL OF MINUTES FOR:      July 9, 2007 Regular Meeting                                           

OLD BUSINESS:                          ZBA Case # 01-07 – Patrick Marquardt

                                                3794 Cedar Point Road – Tax ID# 4710-28-301-006

ZBA Case # 02-07 – Patrick & Judy Keough

                                                Brighton Road – Tax ID# 4710-25-300-004

ZBA Case # 06-07 – Gary & Pamela Herren

                                                5319 Dutcher Road – Tax ID# 4710-31-100-025      

NEW BUSINESS:                                 

CALL TO PUBLIC:

ADJOURNMENT:

                                               DRAFT MINUTES

MEMBERS PRESENT:               John Lowe, Dan Lowe, Larry Fillinger , 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

Linda Manson-Dempsey motioned to approve the agenda.  Larry Fillinger seconded.  Motion carried 5-0.

MEMBERS PRESENT

The members of the Zoning Board of Appeals introduced themselves. 

CALL TO THE PUBLIC

None.

APPROVAL OF MINUTES

July 9, 2007 Regular Meeting:  Larry Fillinger motioned to approve the minutes as presented.  Linda Manson-Dempsey seconded.  Motion carried 5-0.

OLD BUSINESS

ZBA Case #01-07—Patrick Marquardt, 3794 Cedar Point Road , Tax ID #4710-28-301-006

The applicant submitted a letter, but was not present for the meeting.  Larry Fillinger motioned to table ZBA Case #01-07 until the November meeting; however, the applicant can come to the September or October meeting, if scheduled, if he wishes.  Linda Manson-Dempsey seconded.  Motion carried 5-0.

ZBA Case #02-07—Patrick & Judy Keough, Brighton Road , Tax ID #4710-25-300-004

The zoning administrator has visited the site and confirmed that approximately 200 trees have been planted.  The pole barn meets the setback requirements; the question is whether this operation is covered under the Right-to-Farm Act.  Mr. Keough said he plans to plant approximately 200 trees every spring for the next several years.  John Lowe said the applicant does need to show the intent to do farming.  Brad Maynes, attorney for Mr. Keough, said although Mr. Keough’s intent is to continue planting trees, he doesn’t want to be tied to a certain number.  John Lowe said the applicant needs to show that it’s a viable farming operation.  Linda Manson-Dempsey said she doesn’t feel that 200 trees on 20 acres is a farming usage. 

After discussion, Larry Fillinger motioned to table ZBA Case #02-07 until the September meeting to allow the applicant’s attorney to work with the township attorney to come up with wording for an affidavit to be signed by the applicant, and provide an interpretation of the Right-to-Farm Act and how it applies to this situation.  Linda Manson-Dempsey seconded.  Motion carried 5-0.

ZBA Case #06-07—Gary & Pamela Herren, 5319 Dutcher Road, Tax ID #4710-31-100-025

Pamela Herren was present and said she is trying to work something out with ITC to purchase some property.  The zoning administrator told her she needs at least 32’ to the east for the entire length of the property.  Larry Fillinger motioned to table ZBA Case #06-07 until the October meeting; however, if the applicant can resolve the situation earlier with ITC to purchase property, she can ask to be placed on the September 10 agenda (if a meeting is held.)  Linda Manson-Dempsey seconded.  Motion carried 5-0.

CALL TO THE PUBLIC

None.

ADJOURNMENT

Linda Manson-Dempsey motioned to adjourn the meeting at 8:25 p.m.   Larry Fillinger seconded.  Motion carried 5-0.