Marion Township - Livingston County Michigan

ZONING BOARD OF APPEALS

Monday, January 9, 2006

7:30 p.m.

AGENDA and DRAFT MINUTES

CALL TO ORDER:

MEMBERS PRESENT:

CALL TO PUBLIC: Agenda Items only – 3 minute limit

APPROVAL OF AGENDA: January 9, 2006

APPROVAL OF MINUTES FOR: November 7, 2005 Regular Meeting

December 5, 2005 Regular Meeting

OLD BUSINESS:

NEW BUSINESS: ZBA Case # 12-05 – Jimmie & Jodie McCracken

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: Mike Kehoe, Township Attorney

Annette McNamara , Zoning Administrator

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CALL TO ORDER

John Lowe called the meeting to order at 7:31 p.m.

APPROVAL OF AGENDA

Linda Manson-Dempsey asked for an update on the Radick situation. Annette McNamara said she received a letter from the Radicks’ attorney and a copy of a letter/invoice from a veterinarian stating that 12 dogs were debarked on September 16, 2005 . Ms. McNamara talked with the neighbors, who haven’t heard much lately. Mc. McNamara will check on the situation again in the late spring.

Larry Fillinger motioned to approve the agenda as presented. Linda Manson-Dempsey 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: Linda Manson-Dempsey motioned to approve the minutes as presented. Dan Rossbach seconded. Motion carried 5-0.

December 5, 2005 Regular Meeting: Larry Fillinger motioned to approve the minutes as presented. Linda Manson-Dempsey seconded. Motion carried 5-0.

NEW BUSINESS

ZBA Case #12-05—Jimmie & Jodie McCracken

John Lowe asked Jimmie McCracken to summarize the situation. Mr. McCracken said he called the Livingston County Building Department and was told he didn’t need a permit to put up a pole barn. Mr. McCracken said he didn’t know the township required a permit. At the time his house was built, the builder took care of everything.

John Lowe said the aerial photos and the drawings submitted show the pole barn about 26 feet from the lot line. Mr. McCracken said that’s correct. Linda Manson-Dempsey asked who Mr. McCracken talked to at the building department. Don Ewald, who was present with Mr. McCracken, said he believes it was Bill Mosely. Ms. Manson-Dempsey asked who built the barn. Mr. McCracken said that Mr. Ewald’s crew built it as a side job. John Lowe said a variance was granted in 2000 for a breezeway and garage, which Mr. McCracken was aware of. The variance he’s requesting for the pole barn is 74 feet. Ms. Manson-Dempsey asked how long the barn has been up. Mr. McCracken said about nine months. Ms. Manson-Dempsey said that makes the situation 100% self-created. Mr. Ewald said he talked with the building department about agriculture zoning. The ZBA members all agreed that the building department wouldn’t have advised Mr. McCracken to build without a permit.

The ZBA discussed alternate locations for the barn. Mr. McCracken feels this is the only suitable location. The ZBA members feel there are alternative locations. Larry Fillinger suggested purchasing 74 feet of the neighbor’s parcel to make the barn conforming. Mr. McCracken said he’s buying the neighbor’s house next year. Mr. McCracken asked about having the property zoned agricultural. John Lowe explained that the township doesn’t have agricultural zoning.

Motion

Linda Manson-Dempsey motioned to deny ZBA Case #12-05, Parcel ID 4710-18-200-035, based on the following criteria:

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 applicant has not provided sufficient proof that would entitle him to a variance. The applicant is not being deprived of any rights commonly enjoyed by other property owners in the district in regard to the placement of the pole barn.

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

There are no unique conditions or circumstances. This is a standard flag lot.

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

The conditions and circumstances appear to be totally self-created.

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

Granting the requested variance would give special privileges to this property that would not be enjoyed by other people with the same zoning.

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

Granting the variance would be contrary to the spirit and intent of the zoning ordinance.

The difficulties shall not be deemed solely economic.

Economics are not an issue in this situation.

Larry Fillinger seconded. Roll call vote: Dan Rossbach, Linda Manson-Dempsey, Larry Fillinger, John Lowe, Dan Lowe—all yes. Motion to deny carried 5-0.

Mr. McCracken asked if he bought the property in front of his, is it fine? John Lowe said no. Mr. McCracken asked about adding another garage to his house to extend it over. Mr. Lowe said it has to stay behind the front of the house. He advised Mr. McCracken to discuss the options with the zoning administrator and submit drawings for review.

CALL TO THE PUBLIC