Zoning Board of Appeals Meeting on February 18, 2003

Zoning Board of Appeals

February 18, 2003
7:00 p.m.

AGENDA

02-60…A request by Stephen Gucciardo, Section 22, 4036 Clifford, for a 9-foot side yard variance with a 1-foot setback, a 30-foot rear yard variance with a 10-foot setback and a 4-foot waterfront variance with an 84-foot setback to construct an addition. (Tabled 12-17-02, 1-22-03)

03-02…A request by Albert Sharp, Section 22, 3653 Cresthill, for a 39-foot rear yard variance with a 1-foot setback to construct a new home.

03-04…A request by Mark Lunau, Section 35, 5490 Walnut Hills Drive, for a variance to place an inground swimming in the front yard.

03-06…A request by Richard and Berta Ray Devost, Section 14, 2672 Canfield Trail, for a variance to split property into two non-conforming lots.

03-07…A request by Dennis Cuffe, Section 3, Vacant Lot Lakeside Drive, (located on the south side of Lakeside Drive) for a 10-foot front yard variance with a 25-foot setback and a 27-foot rear yard variance with a 13-foot setback to construct a new home.

03-08…A request by Pro-way Investments, Section 13, 7305 Grand River, for a front yard, right of way variance to the parking lot along Euler Road to allow for the addition of 13 parking spaces.

03-09…A request by Arthur Salatka, Section 12, 1718 S. Hacker Road, for a 14-foot side yard variance with a 16-foot setback to construct an addition.

MINUTES

Vice-Chairman Barbara Figurski called the regular meeting of the Zoning Board of Appeals to order at 7:00 p.m. at the Genoa Township Hall. The Pledge of Allegiance was then said. The following board members were present constituting a quorum for the transaction of business: Barbara Figurski, Jean Ledford and Chris Hensick. Also present were Township Zoning Enforcement Officer Adam VanTassell and approximately 15 persons in the audience.

Moved by Ledford, supported by Hensick, to approve the Agenda as presented. The motion carried unanimously.

02-60…A request by Stephen Gucciardo, Section 22, 4036 Clifford, for a 9-foot side yard variance with a 1-foot setback, a 30-foot rear yard variance with a 10-foot setback and a 4-foot waterfront variance with an 84-foot setback to construct an addition.

A call to the public was made with the following response: Karen Wray - I am concerned with the size of the three-car garage. Expansion of the nonconforming use will impede our access to our front yard. I would prefer to see a two-car garage. Gucciardo - I have already reduced the size of the garage and moved it over. Hensick - Most garages in that area are two-car. Moved by Hensick, supported by Ledford, to approve a 1' 1" variance to the side yard and a 27' variance to the roadside to allow for a garage measuring 20' x 30' with no extension on the 3rd bay. Further, to allow the addition of living space measuring 20' x 31.9', to be located 10' 2" from the western boundary, with a rear setback of 13' with a 27' variance. The practical difficulty is the location of the existing nonconforming structure and the proximity of that building to the road and water. The motion carried unanimously.

03-02…A request by Albert Sharp, Section 22, 3653 Cresthill, for a 39-foot rear yard variance with a 1-foot setback to construct a new home.

A call to the public was made with the following response: Robert Zdziebko - Crest Hill has not been abandoned. Garages were built on that road and now we should rectify past sins. Mr. Sharp cannot legally cross that roadway. He should get the road abandoned. A letter to that effect is included in your board packets. Moved by Ledford, supported by Hensick, to table the petition until the next regular meeting of the board to allow for staking of the property.

03-04…A request by Mark Lunau, Section 35, 5490 Walnut Hills Drive, for a variance to place an in ground swimming in the front yard.

A call to the public was made with no response. Moved by Hensick, supported by Ledford, to grant the requested variance contingent upon the pool being screened with natural vegetation and a 2' berm as suggested by the petitioner. All other aspects of the addition will meet the zoning ordinance including the four-foot high fence that is required. The practical difficulty is the unusual topography of the parcel with a stone tiered back yard and the location of the well that will not allow placement of the pool in any other area. The motion carried unanimously.

03-06…A request by Richard and Berta Ray Devost, Section 14, 2672 Canfield Trail, for a variance to split property into two non-conforming lots.

A call to the public was made with no response. Moved by Hensick, supported by Ledford, to grant the split requested - dividing lots 36 and 37 into two buildable nonconforming lots. This split is conditioned upon the 2nd parcel acquiring municipal sewer. Further, a 9' variance is granted to the side yard of the existing home allowing a legal nonconforming structure on lot 36. The motion carried unanimously.

03-07…A request by Dennis Cuffe, Section 3, Vacant Lot Lakeside Drive, (located on the south side of Lakeside Drive) for a 10-foot front yard variance with a 25-foot setback and a 27-foot rear yard variance with a 13-foot setback to construct a new home.

A call to the public was made with no response. VanTassell advised the board that he had received a call from Robert Schoenofen objecting to the petition because a sewer line would have to cross his property to allow for construction and that the parcel is too small. Moved by Hensick, supported by Ledford, to table the petition until the property is staked. The motion carried unanimously.

03-08…A request by Pro-way Investments, Section 13, 7305 Grand River, for a front yard, right of way variance to the parking lot along Euler Road to allow for the addition of 13 parking spaces.

A call to the public was made with no response. Moved by Hensick, supported by Ledford, to grant a 16.7" variance for additional parking along Euler Road, according to the site plan approved by the Planning Commission and Township Board. The practical difficulty is a developmental site plan that precludes placing the necessary parking in any other location of the site. (Note: Vehicles are now being parked along Euler Road and they are obstructing through traffic.) The motion carried unanimously.

03-09…A request by Arthur Salatka, Section 12, 1718 S. Hacker Road, for a 14-foot side yard variance with a 16-foot setback to construct an addition.

A call to the public was made with no response. Moved by Hensick, supported by Ledford, to grant a 14' variance to the side yard to allow a 24' x 24' addition on the south side. The practical difficulty is the location of the septic field and well that does not allow an addition in any other location. The motion carried unanimously.

Moved by Ledford, supported by Hensick, to approve the Minutes of the January 22, 2003 regular meeting of the Zoning Board of Appeals with the following corrections: Pg. 2 Para 1 - striking "person"; Pg. 2, Para 3 - striking "The practical difficulty…"; and correcting other typographical errors. The corrected minutes were voted and carried unanimously.

The regular meeting of the Zoning Board of Appeals was adjourned at 8:45 p.m.


Paulette A. Skolarus
Genoa Township Clerk