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MARION
TOWNSHIP
ZONING BOARD OF APPEALS
Monday, November 6, 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:
November 6, 2006
APPROVAL OF MINUTES FOR:
October 2, 200 Regular Meeting
OLD BUSINESS:
None
NEW BUSINESS:
ZBA Case # 03-06 – George
Jappaya
1600
Pinckney Road
– Tax ID# 4710-02-400-013
CALL TO PUBLIC:
ADJOURNMENT:
DRAFT MINUTES
MEMBERS PRESENT:
John Lowe, Dan Lowe,
Linda Manson-Dempsey
, and
Larry Fillinger
MEMBERS ABSENT:
Dan Rossbach
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
NEW BUSINESS
ZBA Case #03-06—George Jappaya,
1600 Pinckney Road
, Tax ID #4710-02-400-013
Noah Birmelin, from Boss Engineering, was present on behalf
of the applicant. They are
asking for two variances:
Section 15.03—Signs in Commercial or Industrial
Districts, subsection D—Wall Signs; and Section 6.08—One Building
to a
Lot
.
John Lowe said the Planning Commission had discussed possibly
amending the ordinance, and suggested that the variance request
related to Section 6.08 be postponed until the Planning
Commission has the opportunity to discuss changes.
Linda Manson-Dempsey
motioned, for ZBA Case #03-06, to postpone the variance request for Section
6.08 until the applicant requests
that
it be on an agenda.
Larry Fillinger
seconded. Motion carried 4-0.
John Lowe reviewed the township attorney’s
November 4, 2006
letter regarding the variance request for Section 15.03. The attorney
suggested allowing each unit to have a sign, with the square footage of the sign based on 10% of the frontage of the unit, not to
exceed 36 square feet. The Planning Commission will also address this section of the ordinance. If changes are made that are more
flexible, the new ordinance would apply.
John LaLonde, 958 Spirea: Mr. LaLonde asked if the signs would be illuminated. Mr. Jappaya said they would be lit from within, not
externally lit. Mr. LaLonde asked how many levels the office building would have.Mr. Brimelin said two. Mr. LaLonde asked about parking
lot lighting. John Lowe said it would only have “down” lighting.
Mary Priebe, 946 Spirea: Mrs. Priebe asked what the existing building will look like. Mr. Brimelin said the existing building’s façade
would be remodeled to match the addition.
Close Call to the Public
Larry Fillinger
motioned, for ZBA Case #03-06—George Jappaya, Tax ID #4710-02-400-013, to relax Section 15.03 D of the Township
Zoning Ordinance, to allow multiple signs for this building that contains 11 distinct units for separate uses. A separate wall sign shall be
permitted for each such sign but no sign shall exceed 10% of the wall area to which the sign is affixed. A total of 13 signs will be allowed,
with 11 on the front façade, one on the north side of the building, and one on the south side. The signs shall be internally illuminated.
This variance is granted for Phase 1 of the development, considering 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
developer is allowed the rights of others to development their property and
it’s not self-created.
- The
conditions and circumstances unique to the property, which are not
similarly applicable to other properties in the same
zoning
district.
3. The conditions and circumstances unique to the property were not
self-created.
The conditions and
circumstances were not self-created.
- Why
the requested variance would not confer special privileges that are
denied other properties similarly situated in the same
zoning
district.
This is unique in that
there are multiple tenants in one building.
- Why
the requested variance would not be contrary to the spirit and intent of
this zoning ordinance.
The variance is not
contrary to the spirit and intent of the zoning ordinance.
The building will house multiple tenants.
The
development is in an area
that allows for multiple tenants.
- The
difficulties shall not be deemed solely economic.
This
item is not an issue.
CALL TO THE PUBLIC
None.
ADJOURNMENT
Linda Manson-Dempsey
motioned to adjourn the meeting at
8:15 p.m.
Dan Lowe seconded.
Motion carried 4-0.
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