Zoning Board of Appeals Meeting on December 17, 2002

Zoning Board of Appeals

December 17, 2002
7:00 p.m.

AGENDA

02-52…A request by Frank White, Section 22, 4058 Highcrest, for a 4 foot side yard variance with a 6 foot setback and a waterfront variance to construct an addition. (Tabled 11-19-02)

02-54…A request by Keith Penner, Section 22, 3743 Conrad, for a variance to split property into nonconforming lots. (Tabled 11-19-02)

02-56…A request by Charles Fillion, Section 28, 4089 Homestead, for a 27 foot rear yard variance with a 13 foot setback, a 5 foot side yard variance with a 5 foot setback and a 1 foot side yard variance with a 9 foot setback to construct an addition. (Tabled 11-19-02)

02-57…A request by Allen and Laurie Keeling, Section 1, 7752 Price Drive, for a 20 foot side yard variance with a 10 foot setback and a size variance to construct an accessory structure. (Tabled 11-19-02)

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 a 84 foot setback to construct an addition.

MINUTES

Chairman Staley called a 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: Rick Staley, Chris Hensick and Paulette Skolarus. Also present were Township Zoning Administrator Adam VanTassell and approximately 20 persons in the audience.

Moved by Hensick, supported by Skolarus, to approve the Agenda with the tabling of petition 02-53 until the next regular meeting of the Zoning Board. Hensick advised the board and audience that he would not be able to vote or discuss the petition because of a conflict of interest. Any action with regard to this request would require at least three votes of the board and there were only two board members present who could consider the petition. The amended agenda was voted and carried unanimously.

A call to the public was made with the following response: Jacqueline Blair - I would like to have the Minutes of the last meeting of the Zoning Board of Appeals clarified with regard to petition 02-43. Blair was asked to provide a written memo to the board and the request would be considered at the next regular meeting of the ZBA. Tom Crane - I am concerned with the disposition of discarded building materials on this site. Staley - That is not an issue that the Zoning Board of Appeals can pursue. Please take that up with the Ordinance Enforcement Officer.

02-52…A request by Frank White, Section 22, 4058 Highcrest, for 4- foot side yard variance with a 6-foot setback and a 15-foot waterfront variance to construct an addition.

A call to the public was made with no response. Moved by Skolarus, supported by Hensick, to table (at the petitioner's request) in order to consider other options with regard to the extension of the deck and porch into the waterfront variance. The motion carried unanimously.

02-53…A request by Keith Penner, Section 22, 3743 Conrad, for a variance to split property into nonconforming lots.

Tabled until the next regular meeting of the board.

02-56…A request by Charles Fillion, Section 28, 4089 Homestead, for a 27-foot rear yard variance with a 13-foot setback, a 5-foot side yard variance with a 5-foot setback and a 1-foot side yard variance with a 9-foot setback to construct an addition.

Moved by Hensick, supported by Skolarus, to table the petition until such time as the property is properly staked. The motion carried unanimously.

02-57…A request by Allen and Laurie Keeling, Section 1, 7752 Price Drive, for a 20-foot side yard variance with a 10-foot setback and a size variance to construct an accessory structure.

A call to the public was made with the following response: Patty Holsambock - My home has been "For Sale" since July. I am not sure of where the property line is located. I would also like to know if there will be a driveway and will it access the private road. This request is for a business and I don't think that is allowed in this area. What will be the height of the pole barn? Keeling - I am not building a pole barn. I am building a detached garage, similar to the house. It will be constructed with 2 x 4 's and be 14' in height. I will not run a business of any kind from the garage. There will not be any living space, but it will have electricity. Hensick - I do not see any hardship with regard to your petition. Tom Shinavar - I am concerned that the driveway will be off Price Drive. Keeling - I do not intend to construct any driveway to the garage. Paul Price - When Mr. Keeling petitioned the township, he said he was going to use Hacker for access. He shouldn't be allowed to use Price. He already has a 3-car garage and a shed that probably is in excess of the height ordinance.

The petitioner was asked if he would like to have his request tabled until such time as an engineered survey of his property could be drawn up. This survey would provide the board with a more accurate description of his property lines in the determination of the setbacks that he is requesting. The petitioner agreed. Moved by Skolarus, supported by Hensick, to table the request until an engineered survey can be obtained. 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 a 84-foot setback to construct an addition.

Hensick advised the board that the property was not staked. Gucciardo asked that his request be heard, but without formal action and that a call to his neighbors be made. A call to the public was made with the following response: Steve Wray - I am concerned with our property values. This addition will create a tunnel between our homes since they are both accessed by a joint concrete walkway with only seven feet between the two homes. I am also concerned with our loss of the view to the lake. The application appears to contain two different calculations. Chuck Williams - I have no objection to the request, but I am not impacted with the closeness to my house as my neighbor is.

Moved by Hensick, supported by Skolarus, to table (at the petitioner's request) until the next meeting of the ZBA. The motion carried unanimously.

Moved by Skolarus, supported by Hensick, to table the Minutes of the Nov. 19, 2002 meeting until a quorum is present to consider the request. The motion carried unanimously.

Note: The next regular meeting of the Zoning Board of Appeals is scheduled for Wednesday, January 22, 2003 due to the Martin Luther King holiday.

The regular meeting of the Zoning Board of Appeals was adjourned at 8:25 p.m.

Paulette A. Skolarus
Genoa Township Clerk