MARION TOWNSHIP

ZONING BOARD OF APPEALS

Monday, October 2, 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:            October 2, 2006

APPROVAL OF MINUTES FOR:    March 6, 200 Regular Meeting

OLD BUSINESS:                         None           

NEW BUSINESS:                        ZBA Case # 02-06 – Randall G. & Joyce A. Campbell 

5833 Pinckney Road – Tax ID# 4710-36-301-011

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

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

March 6, 2006 Regular Meeting:  Larry Fillinger motioned to approve the minutes as 

presented.  Dan Rossbach seconded.  Motion carried 5-0.

NEW BUSINESS

ZBA Case #02-06—Randall & Joyce Campbell, Tax ID #4710-36-301-011

Mr. Campbell said they are currently using the coat closet for a computer room.  They would 

like to add a 10’ x 10’ front porch so they can renovate inside the home.  The proposed porch 

would be in line with the neighboring homes. 

Discussion:  Dan Rossbach asked about possibly expanding on the rear of the house.  

Annette McNamara said that’s where the septic is located.  John Lowe said the houses in 

this area were built when the front setback requirement was 70 feet.   

Motion

Larry Fillinger motioned to relax Section 8.01 F 3 a of the Township Zoning Ordinance by 

allowing a variance of 26 ½ feet to allow construction of a 10’ x 10’ porch, which is a variance 

to the front yard setback, 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.  Denying this variance would deprive the owner of rights enjoyed by other property owners.

2. The conditions and circumstances unique to the property, which are not similarly applicable to other properties in the same zoning district.  The circumstances were created by a change in the zoning ordinance from a 70-foot front yard setback to a 100-foot setback.

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

4. Why the requested variance would not confer special privileges that are denied other properties similarly situated in the same zoning district.  Other homes in the area are closer to D-19 than this property.

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

6. The difficulties shall not be deemed solely economic. 

This variance applies to Section 19.04 A based on the same criteria.  Dan Lowe seconded.  

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

Lowe—all yes.  Motion carried 5-0.

CALL TO THE PUBLIC

None.

ADJOURNMENT

Linda Manson-Dempsey motioned to adjourn the meeting at 7:55 p.m.  Dan Rossbach 

seconded.  Motion carried 5-0.