A regular meeting of the Zoning Board of Appeals was called to
order by Chairman Staley 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, Barbara Figurski, Judith Stornant, Polly Skolarus and
Chris Hensick. Also present were Township Zoning Administrator Adam
VanTassell and approximately 15 persons in the audience.
Moved by Figurski, supported by Hensick, to approve the Agenda as
presented. The motion carried unanimously.
A Call to the Public was made with no response.
01-48…A request by Brian Lynn, Section 10, 733 Pathway, is for
a 27-foot rear yard and a 6 foot side yard variance to construct an
attached garage.
Moved by Skolarus, supported by Figurski, to table (at the
petitioner's request) until the next regular meeting of the board to
allow the petitioner to provide plans of the facade. The motion
carried unanimously.
01-52…A request by George Atsalis, Section 9, 1093 Sunrise
Park, is for a 5’9" side yard variance to enclose a porch.
Moved by Skolarus, supported by Figurski, to reaffirm the Motion
of June 10, 2001 to deny the petitioner's request since no
circumstances have changed, other than the petitioner chose to
construct the addition even though he was denied on June 10, 2001.
Further, no extraordinary circumstance exists to warrant the
enclosed porch. Atsalis - Township Manager Mike Archinal said that
there shouldn't be a problem going forward with the project. The
motion failed as follows: Aye - Skolarus. Nay - Staley, Figurski,
Stornant and Hensick.
Moved by Hensick, supported by Figurski, to approve the variance
of 5' 9" conditioned upon the petitioner providing a boundary
survey, specifying exactly how close the porch is on all sides in
relation to the property lines. The practical difficulty is
enforcing the original denial based upon the interaction of the
Livingston County Building Department and the Township with the
County acting without approval from the Township. Further, the
survey must be submitted within 75 days from today's date. The
motion carried as follows: Ayes - Stornant, Figurski, Staley and
Hensick. Nay - Skolarus.
01-56…A request by Dennis Cuffe, Section 3, 560 Lakeside Drive,
is for a 10 foot side yard, 5 foot waterfront and a 32 foot front
yard variance to construct a second story addition on an existing
structure.
A call to the public was made with the following response: Shane
O'Brian - I hate to see additional variances granted because it will
obstruct the view of the lake. The shed is not legal. Mary Lou
Withrow - The petitioner should have been aware of what he could and
couldn't do with that property before he purchased it. Jim Bagel - I
own lots 20 and 21 and this addition would improve my property
values. I support the petition being granted.
Upon Board discussion, it was undecided whether the petitioner
could construct the addition as long as he didn't encroach any
further upon the existing boundaries. The petition was concluded
with the following motion after VanTassell determined that a
variance would be required for any addition. Moved by Hensick,
supported by Figurski, to deny the variance sought since the
addition would significantly increase the non-conforming structure
that is already located right on the lot line. The motion carried as
follows: Ayes Hensick, Figurski, and Skolarus. Nays - Staley and
Stornant.
01-57…A request by Richard McIntyre and Paulson’s
Construction, Section 26,6527 White Pines Drive, is for a 13 foot
side yard variance to enclose an existing in-ground pool and attach
to the house.
A call to the public was made with the following response:
Elizabeth Swift - Should the neighboring property owner choose to
develop their 15 - 17 acres this would be a huge expansion. Moved by
Skolarus, supported by Figurski, to approve the enclosure of the
pool contingent upon a landscape addition of seven 8-foot evergreens
being planted as a greenbelt to the west and that the trees be
maintained in perpetuity. The motion carried as follows: Ayes
Skolarus, Figurski, Hensick and Stornant. Nay - Staley.
01-58…A request by Laura Larance, Section 8, 3148 Beck Road, is
for a 22 foot side yard variance to construct an addition to
accessory structure.
Moved by Hensick, supported by Stornant, to grant a 22' side yard
variance for an addition to an existing accessory structure. The
practical difficulty is the existing right-of-way easement for the
Panhandle Pipeline that dissects the property on a diagonal basis.
The motion carried unanimously.
01-59…A request by Brivar Construction, Section 15, 2464 Dorr
Road, is for a 170 foot road right of way variance, 37.34 side yard
variance and a 7.07 foot variance from an existing accessory
structure to construct an addition to an animal shelter.
A Call to the Public was made with no response. Moved by Hensick,
supported by Stornant, to approve a freeway variance of 177.07 from
I-96 and a west-side building variance of 41.09 feet as recommended
by the Planning Commission. Three additional trees will be added
along the side of the building. Note: The garage will meet the
existing setback requirements. The extraordinary circumstance is the
location of the facility right next to the expressway and that there
is no disturbance to neighboring properties. The motion carried
unanimously.
Moved by Figurski, supported by Stornant, to approve the Minutes
of the November 13, 2001 meeting as submitted. The motion carried
with Skolarus abstaining.
The regular meeting of the Zoning Board of Appeals was adjourned
at 10:15 p.m.
Paulette A. Skolarus
Genoa Township Clerk
