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MARION
TOWNSHIP
AGENDA AND DRAFT MINUTES
MAY 2,
2005
CALL
TO ORDER:
MEMBERS
PRESENT:
MEMBERS
ABSENT:
CALL
TO THE PUBLIC:
APPROVAL
OF AGENDA:
APPROVAL
OF MINUTES FOR:
OLD
BUSINESS:
#20-05 - BROWN
NEW
BUSINESS:
CALL
TO PUBLIC:
ADJOURNMENT:
DRAFT
MINUTES
MEMBERS
PRESENT: John
Lowe, Larry Fillinger, Dan Lowe, Linda Manson-Dempsey, 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
7:35 p.m.
APPROVAL OF AGENDA
APPROVAL OF MINUTES
Zoning Board of Appeals,
April 4, 2005
Linda Manson-Dempsey motioned to approve the minutes as
amended. Larry Fillinger
seconded. Motion carried 5-0.
OLD BUSINESS
ZBA Case #2-05—Fred Brown
Jim Barnwell from Desine, Inc. was present on behalf
of the applicant. The applicant
is requesting a variance to the
frontage and number of parcels accessed on a
cul-de-sac. The intent is to
preserve woodlands, wetlands, and
flood plains. It
would put an unnecessary burden on the applicant if the variance weren’t
granted. Fred Brown
said it took three years to obtain a permit from the
DEQ. To put in a cul-de-sac per
county requirements is going
to take approximately one acre of wetlands.
This variance request is a viable alternative.
The ZBA members reviewed diagrams provided by Mr.
Barnwell and discussed a number of alternatives.
Motion
Linda Manson-Dempsey motioned, for ZBA Case #2-05
for Fred Brown (
Sundance
Lake
), per site plan CP-10
dated
1/12/05
, to approve variances to Section 8.01 F 2 b, and Section 6.18 B.
Ms. Manson-Dempsey addressed
Section 5.05 C, items 1-6:
- 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 have a great
impact on the natural features of the property, cutting of large mature
trees, and would disrupt the wetlands.
- The
conditions and circumstances unique to the property, which are not
similarly applicable to other properties in
the
same zoning district.
The river and wetlands isolate a portion of the
property in the southwest corner.
- The
conditions and circumstances unique to the property were not
self-created.
The applicant did not create the
existing features (i.e., wetlands, matures trees, river.)
- Why
the requested variance would not confer special privileges that are
denied other properties similarly situated
in
the same zoning district.
The variance will allow reasonable
development of the property which has extremely unique characteristics.
There are no similar properties in
the area that the Red Cedar River cuts through.
- Why
the requested variance would not be contrary to the spirit and intent of
this zoning ordinance.
The intent of the ordinance
provides for the reasonable development and use of lands within the
township, and
this request is within reason.
- The
difficulties shall not be deemed solely economic.
The developer is trying to minimize the impact on the wetlands,
woodlands and river.
In addition, lots 32 and 38 must have the driveways
located to the northeast portion of the property as initialed by
the developer on the site plan.
Lots 33-37 are the lots with reduced frontage that will have frontage
on the
cul-de-sac. Lots
34-36 will have a specific deed restrictions requiring township approval for
tree removal.
Dan Lowe 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
Annette McNamara
asked the ZBA members to review ZBA Case #20-00—McCracken at the next
meeting
under new business.
Ms. McNamara will provide documentation for the members to review.
ADJOURNMENT
Linda Manson-Dempsey motioned to adjourn the meeting at
9:15 p.m.
Dan Rossbach seconded.
Motion carried 5-0.
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