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ZONING BOARD OF APPEALS Monday,
October 1, 2007 AGENDA CALL TO ORDER: APPROVAL OF AGENDA:
October 1, 2007 INTRODUCTION OF MEMBERS:
CALL TO PUBLIC:
Agenda Items only – 3 minute limit APPROVAL OF MINUTES FOR:
September 10, 2007 Regular Meeting OLD BUSINESS:
ZBA Case # 06-07 – Gary &
Pamela Herren
5319 Dutcher Road – Tax ID# 4710-31-100-025
NEW BUSINESS:
ZBA Case # 07-07 – Richard
& Marilyn LaLone
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 **************************************************************************************************** CALL TO ORDER
John Lowe called the meeting to order at 7:30 p.m. APPROVAL OF AGENDALinda Manson-Dempsey motioned to approve the agenda as presented. 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 September 10, 2007 Regular Meeting:
Larry Fillinger motioned to approve the minutes as presented.
Linda Manson-Dempsey seconded. Motion
carried 5-0. April 2, 2007 Regular Meeting: Linda Manson-Dempsey motioned
to approve the correction to the minutes.
Larry Fillinger seconded. Motion
carried 5-0. July 9, 2007 Regular Meeting:
Linda
Manson-Dempsey motioned to approve the correction to the minutes.
Larry Fillinger seconded. Motion
carried 5-0. August 6, 2007 Regular Meeting:
Linda
Manson-Dempsey motioned to approve the correction to the minutes.
Larry Fillinger seconded. Motion
carried 5-0. OLD BUSINESSZBA
Case #06-07—Gary & Pamela Herren, 5319 Dutcher Road, Tax ID
#4710-31-100-025 Mrs.
Herren said that ITC won’t sell her the land, but they may give her a
lease. Dan Lowe said there is
still the issue of the structure exceeding the ratio based on the
applicant’s principal structure. Annette
McNamara reminded Mrs. Herren that she said she was going to remodel the
garage into living space. Linda
Manson-Dempsey motioned to table ZBA Case #06-07 until the next ZBA meeting
is held, to allow the applicant to get additional survey information from
Garlock-Smith, and bring it to the township to forward to the attorney.
If the township attorney advises that a lease agreement is
acceptable, Chairman Lowe will notify the applicant, who will then pursue
the lease with ITC. If the
attorney doesn’t accept a lease agreement, Chairman Lowe will notify the
applicant and this item will be scheduled for the next meeting that is held.
If the township doesn’t receive new information from the applicant within
four months, this item will come back before the ZBA for action.
Larry Fillinger seconded. Roll
call vote: Fillinger,
Manson-Dempsey, Rossbach, J. Lowe, D. Lowe—all yes.
Motion carried 5-0. NEW
BUSINESS ZBA
Case #07-07—Richard & Marilyn LaLone, Mr.
LaLone said his parcel is one of eight lots platted approximately 35 years
ago, with a greater front setback than most.
The applicants are requesting a variance for construction of a 23’
x 27’ garage. Dan
Rossbach motioned, for ZBA Case #07-07, to relax Section 8.01 F 3 a of the
zoning ordinance, to allow s 28 ˝’ variance from the front yard setback
to allow a garage structure, 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. Strict
enforcement would cause an unnecessary hardship due to the extra-wide
right-of-way for 2.
The
conditions and circumstances unique to the property, which are not similarly
applicable to other properties in the same zoning district. Other properties in the same
zoning district do not have the extra-wide right-of-way. 3.
The conditions and circumstances unique to the property were not self
created. The
situation was not self-created; the lots are part of a platted sub. 4.
Why the requested variance will not confer special privileges that are
denied other properties similarly situated and in the same zoning district. Setback
for surrounding properties is the same or less. 5.
Why the requested variance will not be contrary to the spirit and intent
of this zoning ordinance. The
extra-wide right-of-way exceeds what is typically required. 6.
The difficulty shall not be deemed solely economic. The
request is not based on economics. Dan
Lowe seconded. Roll call vote:
Fillinger, Manson-Dempsey, Rossbach, J. Lowe, D. Lowe—all yes.
Motion carried 5-0. CALL TO THE PUBLICNone. ADJOURNMENT |
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