MARION TOWNSHIP

                                    ZBA 

               AGENDA and DRAFT MINUTES

                             OCTOBER 3, 2005  

CALL TO ORDER:

MEMBERS PRESENT:  

MEMBERS ABSENT:

CALL TO THE PUBLIC:    Agenda Items Only – 3 minute limit

APPROVAL OF AGENDA:   October 3, 2005

APPROVAL OF MINUTES FOR:  September 12, 2005              

OLD BUSINESS: 

NEW BUSINESS:    ZBA Case # 09-05 – Marion Station, LLC

CALL TO PUBLIC:

ADJOURNMENT:

                                      DRAFT MINUTES

MEMBERS PRESENT:      John Lowe, Dan Lowe, Linda Manson-Dempsey, Larry Fillinger 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 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 12, 2005 : Linda Manson-Dempsey motioned to approve the minutes as presented. Dan Rossbach

seconded. Motion carried 5-0.

NEW BUSINESS

ZBA Case #09-05— Marion Station LLC

Ron Jona, from Ron Jona & Associates in Southfield , was present to request three (3) dimensional

variances for a proposed development at Pinckney Road and Schroeder Park Drive .  The ordinance

requires a 100-foot setback on Pinckney Road and an 80-foot setback on Schroeder Park Drive . 

The applicant is requesting a 20-foot greenbelt variance along Pinckney Road , a 69.3 foot greenbelt

variance along Schroeder Park Drive , as well as a 21.1 foot front yard setback variance along

Schroeder Park Drive . The nature of this size commercial development requires that it be visible from

the road.  The parcel is irregularly shaped, and there are restrictions due to wetlands and location of

the sanitary sewer.  

John Lowe said the Livingston County Road Commission’s most recent letter indicates the need for

left-turn lanes.  Mr. Jona said he was aware of that issue, which would be an item discussed during

site plan review.  Larry Fillinger asked how this would affect the recent road improvements at Francis

Road .  Discussion ensued about left-turn lanes and road improvements.  Linda Manson-Dempsey

asked if the 7-11 would sell gas.  Mr. Jona said no, just a standard 3000 square foot store.  Further

discussion was held regarding detention ponds. 

John Lowe reviewed the letter from Carlisle/Wortman, the township planner.  Linda Manson-Dempsey

stated that Schroeder Park Drive is a private road and any improvements would be subject to approval

by the property owners. 

Discussion was held regarding the number of parking space, and the 14 parking spaces in the

front-yard setback of Pinckney Road . 

Call to the Public

Jackie Lewis, 506 Newberry:  Ms. Lewis asked if the 7-11 would be open 24 hours.  Mr. Jona said

yes.  Ms. Lewis expressed concern with lighting.  John Lowe said exterior lighting and screening

requirements would be discussed during site plan review. 

Tom Stachler, 375 Newberry:  Mr. Stachler asked if the building in Phase 2 has a renter and would it

have access to Francis Road ?  Mr. Jona said no. 

Close Call to the Public

Dan Lowe said if the 14 parking spaces on the Pinckney Road side of the property were eliminated

and added in the back, one of the variances wouldn’t be necessary.

After additional discussion, Ron Jona formally withdrew his request for the front yard setback on

Pinckney Road . 

Motion

Larry Fillinger motioned, for ZBA Case #09-05—Marion Station LLC, to relax Section 9.01 E 3 a—

Yard and Setback Requirements of the zoning ordinance to allow a 21-foot variance off Schroeder

Park Drive , considering the following criteria:

1. How the strict enforcement of the provisions of the township’s 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 cause unnecessary hardship due to the curve of Schroeder Park Drive .  

2. The conditions and circumstances unique to the property, which are not similarly applicable

to other properties in the same zoning district. 

In order for the developer to respect the spirit of the ordinance, the building has been moved back

from D-19.

3. The conditions and circumstances unique to the property were not self-created.

Although it is somewhat self-created, the proposed development will benefit the township as a

whole.

4. Why the requested variance would not confer special privileges that are denied other properties

 similarly situated in the same zoning district. 

It won’t confer special privileges because only this parcel is being considered.

5. Why the requested variance would not be contrary to the spirit and intent of this zoning ordinance.

The development could be constructed within the required setbacks, but it wouldn’t be consistent

with the spirit and intent of the ordinance.  

6. The difficulties shall not be deemed solely economic. 

The difficulty is not solely economic. This is referenced in drawing #0504 by Landtech. This motion is

only in regard to Schroeder Park Drive .  Linda Manson-Dempsey seconded. 

Roll call vote:  Dan Rossbach, Larry Fillinger, Linda Manson-Dempsey, John Lowe, Dan Lowe—all yes. 

Motion carried 5-0.

Motion

Larry Fillinger motioned, for ZBA Case #09-05—Marion Station LLC, to relax Section 6.13 D 1—

Greenbelt Buffer, allowing a maximum 69.3 foot variance reduction along Schroeder Park Drive as

referenced in the drawing from Ron Jona & Associates #0504, dates 9/8/05, considering the

following criteria:  

unnecessary hardship and deprive the owner of rights enjoyed by all other property owners owning 

property within the same zoning district.

The request is consistent with what’s already on Schroeder Park Drive .

2.      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 because of the curve of the property, and the applicant is 

      already proposing the development be moved back an additional 100 feet to respect the spirit of the 

       ordinance on Pinckney Road .   

3. The conditions and circumstances unique to the property were not self-created.  

This proposed project is a benefit to the township.

4. Why the requested variance would not confer special privileges that are denied other properties

similarly situated in the same zoning district. 

Each case is considered on an individual basis.

The proposed development is more appealing that what the ordinance requires, and more in the

spirit of the ordinance. The proposed development is more appealing that what the ordinance

requires, and more in the spirit of the ordinance.

6. The difficulties shall not be deemed solely economic. 

 It is not deemed solely economic.  

Dan Rossbach seconded.  Roll call vote:  Dan Rossbach, Larry Fillinger, Linda Manson-Dempsey, John Lowe,

Dan Lowe—all yes.  Motion carried 5-0.

Motion

Larry Fillinger motioned, for ZBA Case #09-05—Marion Station LLC, to relax Section 7.05 C—Scope of Regulations,

allowing parking on the north side of this project along Schroeder Park Drive within the 69.3 foot variance, referencing to

Ron Jona & Associates drawings dated 9/8/05, job #0504, considering the following criteria:

 1.       How the strict enforcement of the provisions of the township’s 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.

By allowing the parking space within that area, it would allow 12 more spaces off the north end of the 7-11 building.

2.    The conditions and circumstances unique to the property, which are not similarly applicable to other properties in

the same zoning district. 

It all comes back to the curve of Schroeder Park Drive and moving the entire building back off D-19 as far as they have.

The circumstances are to the township’s benefit.

4.  Why the requested variance would not confer special privileges that are denied other properties similarly situated in

the same zoning district.

Each case is considered individually.

5.  Why the requested variance would not be contrary to the spirit and intent of this zoning ordinance. 

It is actually more in line with the spirit and intent of the ordinance.

6.    The difficulties shall not be deemed solely economic. 

There is nothing economic about the request.

Linda Manson-Dempsey seconded.  Roll call vote:  Dan Rossbach, Larry Fillinger, Linda Manson-Dempsey, John Lowe,

Dan Lowe—all yes.  Motion carried 5-0.

CALL TO THE PUBLIC

None heard. 

ADJOURNMENT

Linda Manson-Dempsey motioned to adjourn the meeting at 9:02 p.m.   Dan Rossbach seconded.  Motion carried 5-0.