MARION TOWNSHIP

ZONING BOARD OF APPEALS

Monday, December 5, 2005

7:30 p.m.

 AGENDA  

CALL TO ORDER:

MEMBERS PRESENT: 

CALL TO PUBLIC:  Agenda Items only – 3 minute limit

APPROVAL OF AGENDA:  

APPROVAL OF MINUTES FOR: 

                   November 7, 2005 Regular Minutes

OLD BUSINESS:   NONE               

NEW BUSINESS: 

          ZBA Case # 11-05 –  Harris / Szymanski

CALL TO PUBLIC:

ADJOURNMENT:    

                                            Regular Meeting

MEMBERS PRESENT:               John Lowe, Dan Lowe, Linda Manson-Dempsey, Larry Fillinger 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 7:32 p.m.  

APPROVAL OF AGENDA

Larry Fillinger asked to have the order of the agenda changed, and motioned to approve the agenda as amended.  Dan Rossbach 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

November 7, 2005 Regular Meeting:  Dan Lowe asked to have item 3 of his motion also include his statement that when the lot was enlarged in 2002, it was also made more conforming.  Linda Manson-Dempsey motioned to table the minutes until the change is made and submitted at the next meeting.  Larry Fillinger seconded.  Motion carried 5-0.

NEW BUSINESS

ZBA Case #11-05—Mitch Harris/Szymanski

Jim Barnwell from Desine, Inc. and Mindy Northrup from Mitch Harris Building Co. were present to discuss this case.  Mr. Barnwell said the address of the property is 601 Hewitt St. in the Sunridge PUD. He is requesting a variance to the side yard setback.  Mr. Barnwell showed the ZBA members a photo of the property.  There is a 20’ foot sewer easement on either side of the property.  To the south and west is open space.  The house was built a little further away from the sewer easement than it needed to be, which forced the building into the setback. In addition, the Szymanski’s are asking for an additional four- foot variance to build a walkway along the west side to a deck on the south side.  It won’t impact adjoining properties or neighboring sites.  The variance would allow this property to be developed in a consistent manner with the rest of the neighborhood and the intent of the development.  John Lowe asked if there had been an error when staking the property; Mr. Barnwell said yes.  In the future, the township has asked builders to provide a registered survey in place of the foundation inspection. 

John Lowe asked Mike Kehoe for his opinion on reconfiguring the lot to include a portion of the open space.  Mr. Kehoe said reconfiguring the lot presents a problem because all of the units have rights to the open space. 

Call to the Public

None.

Motions

Dan Rossbach motioned, for ZBA Case #11-05—Mitch Harris and Szymanski, Tax Code #4710-02-102-046, to relax Section 13.03 B and J, granting a three-foot variance for construction of the house on unit 46.  The house was constructed before the error in placement was discovered and it would be a hardship to move it.  The variance is also being granted due to the mitigating circumstance of the open space.  Linda Manson-Dempsey seconded.  Roll call vote:  Dan Rossbach, Larry Fillinger, Linda Manson-Dempsey, John Lowe, Dan Lowe—all yes.  Motion carried 5-0.

Dan Rossbach motioned to grant a seven-foot variance on the west side of unit 46 for a deck due to the existing location of the house that was built within the setback, and the fact that moving the west property line is not an option due to the PUD agreement.  A four-foot sidewalk is the minimum encroachment that allows the deck to be usable, based on information provided by Desine, Inc.  Based on the information the applicant provided, the variance meets the requirements of Section 5.05 C, items 1-6.  Larry Fillinger seconded.  Roll call vote:  Dan Rossbach, Linda Manson-Dempsey, Larry Fillinger, Dan Lowe, John Lowe—all yes.  Motion carried 5-0.

OLD BUSINESS

ZBA Case #05-05—Radick (update)

Annette McNamara updated the ZBA on this case.  Linda Manson-Dempsey said the Radicks need to provide documentation from the vet.  John Lowe asked Mike Kehoe if the zoning administrator could contact the complainants.  Mr. Kehoe said yes, the Radicks have to show that they’ve complied.  If the Radicks don’t comply, the zoning administrator can pursue the violation. 

CALL TO THE PUBLIC

None.

ADJOURNMENT

Larry Fillinger motioned to adjourn the meeting at 8:22 p.m.   Linda Manson-Dempsey seconded.  Motion carried 5-0.