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MARION
TOWNSHIP
ZONING BOARD OF APPEALS
Monday,
September 8, 2008
AGENDA
AND DRAFT MINUTES
CALL TO ORDER:
APPROVAL OF AGENDA:
September 8, 2008
INTRODUCTION OF MEMBERS:
CALL TO PUBLIC:
Agenda Items only – 3 minute limit
APPROVAL OF MINUTES FOR:
August 11, 2008 Regular Meeting
OLD BUSINESS:
NEW BUSINESS:
ZBA Case # 04-08 – Sandra Tournier
1649 Sexton Road
– Tax ID# 4710-15-200-031
ZBA Case # 05-08 – James & Shannon Hayes
4906 Winding Way
– Tax ID# 4710-32-100-014
NEW BUSINESS:
CALL TO PUBLIC:
ADJOURNMENT:
DRAFT MINUTES
MEMBERS PRESENT:
John Lowe, Dan Lowe, Larry Fillinger,
Dan Rossbach
, and
Linda Manson-Dempsey
MEMBERS ABSENT:
None
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CALL TO ORDER
John Lowe called the meeting to order at
7:30 p.m.
APPROVAL OF AGENDA
NEW
BUSINESS
ZBA
Case #04-08—Sandra Tournier,
1649 Sexton Road
, Tax ID #4710-15-200-031
Mrs.
Tournier’s son said they are requesting a variance for a shared driveway
so they can put a house in the back of the property.
He said there is a side road to the west side of the property that
could be used by emergency vehicles. Eventually,
they would build a new bridge.
John
Lowe said the Fire Department and Building Department will have issues with
access. A letter from the
Livingston County Road Commission stated a shared driveway could be
permitted after a clear vision area is established.
There is also correspondence from the Livingston County Drain
Commission indicating they didn’t feel another bridge crossing was
necessary.
Linda Manson-Dempsey
asked if it’s the ZBA’s role to dictate requirements for emergency
access. Mr. Lowe said no, he
just wants the applicant to understand what may happen at other agencies. Mrs.
Tournier would have to obtain a permanent deeded easement for access.
Call
to the Public
Luanne
Schoenfeld, 1597 Sexton, said she lives east of Mrs. Tournier’s property.
She asked about drainage and tree removal.
Mrs.
Tournier said it is her intention that this property will remain in the
family.
Motion
Linda Manson-Dempsey
motioned for ZBA Case
#04-08 to approve the variance request for Section
6.19 a 2, 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 property owners have enough
acreage and road frontage—the hardship is from the Drain Commission’s
requirement.
2.
The
conditions and circumstances unique to the property, which are not similarly
applicable to other properties in the same zoning district.
The unique situation is the
owner has two county drains to work around.
3.
The
conditions and circumstances unique to the property were not self created.
The situation was not self
created;
Livingston
County
put the drains in years ago.
4.
Why the
requested variance will not confer special privileges that are denied other
properties similarly situated and in the same zoning district. The
two drains and bridges would cause difficulties.
5.
Why the
requested variance will not be contrary to the spirit and intent of this
zoning ordinance. Other owners are allowed to divide and use their property; the variance
would allow the owners the same privilege.
6.
The
difficulty shall not be deemed solely economic.
This project will cost the
property owner money.
Approval
is conditional on removing the trees, obtaining a driveway permit from the
Livingston County Road Commission, and bringing a legal description and
survey showing flag lot on east side with detail on access points, a
permanent easement for areas and permanent easement for driveway to be
approved by the township attorney, and then forwarded to the Assessing
Department. Dan Lowe seconded.
Roll call vote: Fillinger,
Manson-Dempsey, Rossbach, J. Lowe, D. Lowe—all yes.
Motion carried 5-0.
ZBA
Case #05-08—James & Shannon Hayes,
4906 Winding Way
, Tax ID #4710-32-100-014
Mr.
Hayes said his family would like to put in a riding arena for his children.
The total allowed based on the square footage of his home is 5800 and
they are requesting a 60’ X 120’ structure.
Linda Manson-Dempsey
said that 60’ x 120’ is the standard, although it can be done with a
smaller area.
Call
to the Public
Martin
Marks,
4895 Winding Way
, said he doesn’t object if the arena is for their personal use, not for
others. He’s concerned about
traffic, trailers, etc. Mrs.
Hayes said their intention is that it will only be for their family.
Ronald
Hill,
4760 Winding Way
, asked what the structure would be made of.
Mr. Hayes said a shingled roof with steel siding.
Mr. Hill said he had no objections.
Motion
Dan
Lowe motioned for ZBA Case #05-08 to approve the variance request for
Section 6.07, to allow a 60’ x 120’ barn, due to practical difficulties
of safety issues for riding arena for personal use, located 30’ off of
north property line with additional landscaping.
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.
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
due to the topography.
3.
The
conditions and circumstances unique to the property were not self created.
The owners did not create the
situation.
4.
Why the
requested variance will not confer special privileges that are denied other
properties similarly situated and in the same zoning district.
5.
Why the
requested variance will not be contrary to the spirit and intent of this
zoning ordinance. The safety factor for the arena needs to be considered.
The intent of the ordinance was to not have outbuildings not in
proportion to the primary residence. This
structure will be out of sight.
6.
The
difficulty shall not be deemed solely economic.
The larger building will cost
more.
Larry
Fillinger seconded. Roll call
vote: D. Lowe—yes; Rossbach—no;
Manson-Dempsey—no; Fillinger—yes;
J. Lowe—yes. Motion carried 3-2.
CALL TO THE PUBLIC
None.
ADJOURNMENT
Linda Manson-Dempsey
motioned to
adjourn the meeting at
8:35 p.m.
Dan Rossbach
seconded. Motion carried 5-0.
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