|
|
ZONING BOARD OF APPEALS Monday,
May 6, 2013 @ 7:30 p.m. CALL TO ORDER: PLEDGE OF
ALLEGIANCE: APPROVAL OF AGENDA:
May 6, 2013 INTRODUCTION OF MEMBERS:
CALL TO PUBLIC:
Agenda Items only – 3 minute limit APPROVAL OF MINUTES FOR:
April 1, 2013 Regular Meeting OLD BUSINESS:
NEW BUSINESS:
ZBA Case # 03-13 – Barnwell
CALL TO PUBLIC: ADJOURNMENT: MINUTES MEMBERS
PRESENT:
Dan Lowe, Larry Fillinger,
Linda Manson-Dempsey, Greg Durbin, and MEMBERS
ABSENT: Jack Lowe *********************************************************************************************************** CALL
TO ORDER Linda Manson-Dempsey called the meeting to order at 7:30 p.m. APPROVAL OF AGENDA Larry Fillinger motioned to
approve the agenda as presented. Greg Durbin seconded.
Motion carried 5-0. MEMBERS
PRESENT The members of the Zoning
Board of Appeals introduced themselves.
CALL
TO THE PUBLIC No response. APPROVAL
OF MINUTES April
1, 2013 Regular Meeting:
Larry Fillinger motioned to approve the minutes as presented.
Greg Durbin seconded. Motion
carried 5-0. OLD
BUSINESS None. NEW
BUSINESS ZBA
Case #03-13—Barnwell, The
owners, Joseph Barnwell and Jared Bickford, were present on behalf of this
variance request. Jim Barnwell
spoke on behalf of the owners, who are seeking variances for a front yard
setback, accessory structure in the front yard, and two driveways.
The accessory structure cannot be located behind the house because
it’s too low and wet, and they require a second driveway so it doesn’t
cut across the drain field. They
feel the location of an accessory building is limited due to the existing
natural features of the property. Dan
Lowe said he agrees with the second driveway, but feels there’s no reason,
other than economic, that the proposed building couldn’t be located 20’
back from what is proposed. Greg
Durbin asked what the building will look like; Joe Barnwell said it won’t
be metal, vinyl-sided, shingled roof to match the house, with the doors
facing Norton Road. The zoning
administrator said that no comments or concerns were received from owners of
neighboring parcels. Motion Larry
Fillinger motioned for ZBA Case #03-13—Barnwell, to relax Section 8.02 F 3 a #1, Section 6.07 #3, and Section 6.07 #6 and
grant a 20-foot front yard variance (50-foot setback), to conform with
neighboring parcels. The ZBA
members considered 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.
The ZBA members considered the
topography of the property in granting this variance.
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 topography and drainage issues.
3.
The
conditions and circumstances unique to the property were not self-created.
The owner did not create the
unique conditions and circumstances. 4. Why the requested variance will not confer special privileges that are denied other properties similarly situated and in the same zoning district. The granting of this variance will not confer special privileges. 5.
Why the
requested variance will not be contrary to the spirit and intent of this
zoning ordinance. Granting
this variance will allow the applicant to build an accessory structure with
a setback consistent with neighboring parcels.
6.
The
difficulty shall not be deemed solely economic.
This
request is not economically driven. Robert
Peter seconded. Roll call vote:
Fillinger—yes, Manson-Dempsey—yes, Peter—yes, Durbin—yes,
Lowe—no. Motion carried 4-1. Motion Larry
Fillinger motioned for ZBA Case #03-13—Barnwell, to relax Section 6.19 #5, to allow a second driveway as depicted contingent
upon MDOT approval. The ZBA
members considered 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. The
ZBA members considered the topography and location of the drain field in
granting this variance. 3.
The
conditions and circumstances unique to the property were not self-created.
The owner did not create the
unique conditions and circumstances. 4.
Why the
requested variance will not confer special privileges that are denied other
properties similarly situated and in the same zoning district.
The granting of this variance
will not confer special privileges.
5.
Why the
requested variance will not be contrary to the spirit and intent of this
zoning ordinance. Granting
this variance will allow the applicant to construct a second driveway to
access the accessory structure.
6.
The
difficulty shall not be deemed solely economic.
This
request is not economically driven. Dan
Lowe seconded. Roll call vote:
Fillinger, Manson-Dempsey, Peter, Durbin, Lowe—all yes.
Motion carried 5-0. CALL TO THE PUBLICNo response. ADJOURNMENTLarry
Fillinger motioned to adjourn the meeting at 8:05 p.m.
Greg Durbin seconded. Motion
carried 5-0. |
|