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MARION
ZONING BOARD OF APPEALS Monday,
November 7, 2005 7:30
p.m. CALL TO
ORDER: MEMBERS
PRESENT: CALL TO
PUBLIC: Agenda Items only –
3 minute limit APPROVAL OF
AGENDA: November 7, 2005
APPROVAL OF MINUTES FOR:
September
26, 2005 Joint Meeting
October 3, 2005 Regular Minutes OLD
BUSINESS: NONE CALL TO
PUBLIC: ADJOURNMENT:
MEMBERS PRESENT: John Lowe, Dan Lowe, Linda Manson-Dempsey, Larry Fillinger
and Dan Rossbach MEMBERS
ABSENT: None OTHERS
PRESENT: **********************************************************************************************
CALL TO ORDER
John Lowe called the meeting to order at APPROVAL OF AGENDALinda Manson-Dempsey motioned to approve the agenda as presented. Larry Fillinger 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 presented. Dan
Rossbach seconded. Motion
carried 5-0. October 3, 2005 Regular Meeting: Larry Fillinger motioned to approve the minutes as presented. Linda
Manson-Dempsey seconded. Motion
carried 5-0. NEW BUSINESSZBA Case #10-05—James & Tracey HareMr. Hare said he is requesting the variance due to the location of the septic field. The Livingston County Health Department (LCHD) has denied moving
it. Jack Lowe said he went to the LCHD and talked with the specialist on engineered drain fields and was told they require a larger buffer. The plan presented to the ZBA is the only plan the LCHD will accept because of the ground conditions. Jack Lowe said he discussed the options with the LCHD, and they feel this is the only solution. There are several houses in the area similarly located. Mr. Lowe said the lot was created in 1994, which was prior to the 1996 ordinance requiring a 100-foot setback on the D-19 corridor. Linda Manson-Dempsey asked if the lot was changed in 2002.
Mr. Lowe said that was a boundary line change.
McNamara said the lot was increased to two acres to accommodate the septic system. Mr. Lowe said he talked with the attorney on this issue, and because of the LCHD’s restrictions, if they can’t have the setback changed, the lot becomes
unusable. Ms. Manson-Dempsey said the applicant purchased the property in May 2005 and was under the impression that the septic field was installed and on file with the LCHD. Mr. Hare said yes, he was told the field was installed. After he bought the property, he found out there were no permits pulled for the septic field. Mr. Hare said his paperwork says it’s partially installed. Mr. Lowe said the LCHD would accept the installation of the field with two additional lines. Ms. Manson-Dempsey asked if a permit is required to start installation. Mr. Hare said it’s not on file.
Larry Fillinger asked for setback measurements on other
houses in the vicinity. McNamara said the house to the north is approximately 90 feet, and the house to the south is approximately 78 feet. Mr. Fillinger said his concern is issuing front yard variances on D-19 and what the impact will be if D-19 is ever widened. Jack Lowe said four lanes would fit within the 66-foot easement.
The Hare’s builder said it’s been prepped for a sand filtration system, which has the same trenches used in the Advantix system. The plan that the ZBA has is set for sand filtration. Theoretically, everything’s the same except the tanks are switched. The trench lines on the plan are already installed. The only place the LCHD will approve the trenches is where they are. Linda Manson-Dempsey asked when they were installed. The builder said he believes they were installed in 2002. Boss Engineering has assured them that they would certify all the trenches that are there because they oversaw the installation. The builder said the previous owner was supposed to get a permit and he started the process; however, he didn’t pay the $180 to finalize everything.
Motion Dan Lowe motioned, for ZBA Case #10-05—James and Tracey Hare, Tax Code #4710-26-200-051, to relax Section 8.01 F 3 a—Yard and Setback Requirements of the zoning ordinance, to allow a 30-foot front yard variance for construction of a new house, considering the following criteria:
The setbacks to the south are less
than the required 100 feet, and the lot to the north is only 90 feet.
5.
Why the requested variance would not be contrary to the spirit and intent
of this zoning ordinance. This lot was created in 1994 and
the setback at that time was 70 feet.
Discussion: Linda Manson-Dempsey asked if it should be referenced as an existing lot prior to the ordinance if it was changed in
2002. permit, they don’t have 150 feet of frontage, which is the requirement for the rural residential district. She would overlook that because the township created the lot, and she would look at it as the lot of record.
Larry Fillinger asked to have the following included as part of the motion: “subject to all permits being pulled and existing and future work being certified by an acceptable engineering firm.” Larry Fillinger seconded. Roll call vote: Dan Rossbach—yes, Larry Fillinger—yes, Linda Manson-Dempsey—no, John Lowe—yes, Dan Lowe—yes.
Motion carried 4-1. CALL TO THE PUBLICLarry Fillinger asked if the Radicks’ dogs have
been debarked. the Radicks have not been responsive to her phone calls. She will take the township supervisor with her on a site visit. If the Radick’s won’t provide the zoning administrator with the requested information, she will send a letter asking them to come to the next ZBA meeting. ADJOURNMENTLinda Manson-Dempsey motioned to adjourn the meeting at seconded. Motion
carried 5-0. |
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