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,
Chris Hensick, Paulette Skolarus and Jean Ledford. Also present were
Township Ordinance Enforcement Officer Adam VanTassell and
approximately 30 person in the audience.
A Call to the Public was made with no response.
Moved by Figurski, supported by Hensick, to approve the Agenda as
presented. The motion carried unanimously.
01-36…A request by Joe and Shannon Orlandini, Section 9, 4689
E. Grand River, is for a front, rear and side yard variance in
addition to parking lot variances to construct a new building.
A Call to the Public was made with the following response: Elaine
Grose - This will be a great improvement at our corner and I agree
with the variances requested.
Lengthy discussion ensued concerning the size of the building and
the number of variances being requested primarily parking. Figurski
advised the board that the Planning Commission wanted to determine
whether variances were acceptable to the Zoning Board before they
made any site plan decisions. She said, that the Planning Commission
still felt that there was a need for a green belt between the
sidewalk and Grand River. Hensick was concerned with the traffic
movement within the site as well as onto Grand River.
Moved by Skolarus, supported by Hensick, to grant the following
variances 16' front yard 6' side yard, 54' second front yard, 36'
rear and 15' greenbelt. The practical difficulty is the narrowness
of the lot and that fact the parcel has two front yard setbacks. The
motion failed as follows: Aye - Skolarus. Nay - Staley, Hensick,
Figurski, Ledford. The petitioner then asked that his request be
tabled. Moved by Ledford, supported by Hensick, to table (at the
petitioner's request) until a joint meeting of the Zoning Board of
Appeals and Planning Commission can be set. The motion carried
unanimously.
The Zoning Board of Appeals requests a joint meeting with the
Planning Commission to work out the details of setback, the size of
the building relative to size of the lot, parking spaces and the
greenbelt.
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.
A Call to the Public was made with no response. Moved by Figurski,
supported by Ledford, to grant a 6' variance on the northwest side
and a 27' variance to the rear contingent upon the building being
guttered. The extraordinary circumstance is the topography and
unusual lot size. The motion carried as follows: Ayes - Figurski,
Ledford, Hensick and Skolarus. Nay - Staley.
02-06…A request by Donald Toomey, Section 28, 4510 Oak Pointe
Drive, is for a variance to allow the construction of an accessory
structure on a lot without a primary residence.
A Call to the Public was made with the following response:
Letters of objection were received from Paul and Cecile Henderson,
David Loan, Jean Merrion and Glenn and Bonnie Price. The following
persons addressed the board: David Lardinais (representing the Oak
Pointe Homeowners Association) - We believe that there are easements
for this property but not ownership of the land. Oak Pointe is a
fenceless community by covenant and we feel that this parcel should
abide by the restrictions. David Merrion - I am opposed to the
variance. This request is not compatible with the neighborhood and
may decrease the value of my property. Rich Rachner - I believe that
this structure is not compatible with the neighborhood. Dave Parker
- This is an area of quality homes. The homeowner's association
should follow suit and not allow fences.
Connie DeLuca - I am opposed to this building being constructed
before the residential structure. Skolarus - Mr. Toomey - Your
neighbors are concerned with the fence will you relinquish your
permit? Toomey - I will relinquish the fence construction permit.
The board reviewed Adam Van Tassell's memorandum of 02-07-02. It
was determined that since Mr. Price was not present his request to
rescind the permit was not an appropriate action for the Zoning
Board to take. Mike Olson (Attorney for Mr. Price) addressed the
board - We agree that the establishment of ownership of the property
is necessary before the Zoning Board can act. Toomey - I retract
that I have a right to put up a fence. Staley - In light of Mr.
Olson's presence and under the township-zoning ordinance, we should
take action rescinding Archinal's permit. Hensick disagreed. Moved
by Skolarus, supported by Ledford, to rescind the township manager's
previous action concerning the construction of a fence and to revoke
the fence permit for Mr. Toomey. The motion carried unanimously.
Moved by Hensick, supported by Ledford, to table the request
until such time as the petitioner can provide clear ownership of the
property to which he seeks a variance. The motion carried
unanimously.
02-07…A request by Thomas and Beverly Smith, Section 10, 5425
Wildwood, is for a 6.5-foot side yard variance with a 3.5-foot side
yard setback and a 2-foot side yard variance with an 8-foot side
yard setback to construct an addition.
A Call to the Public was made with the following response: John
Benson - I am opposed to the 2' variance on the south side. I have
no objection to the other variances being granted. Letters of
objection were received from John Benson and Karen Buckley. Moved by
Hensick, supported by Ledford, to deny the variances sought. The
overall lot coverage is 90% more that what is allowed in the
ordinance. There is also a safety factor with the house being
located right on the edge of the road. The motion carried
unanimously.
02-08…A request by Janet Henry, Section 34, 5050 Kintyre Lane,
is for a variance to install a lighted ground sign for a Bed and
Breakfast in a residential area.
A Call to the Public was made with the following response: Joan
LaCroix - I am not happy with the Bed and breakfast and do not want
to see a lighted sign. Richard Starns - There are already two
spotlights on the trees on the lot. I object to more light. Ms.
Morrison - I have no objection to the bed and breakfast, but the
lighted sign is not normal to this use and I object to the sign and
the light. Moved by Skolarus, supported by Hensick, to grant the
variance for signage along Brighton Road. The sign will be no more
than 2.5' off the ground and measure no larger than 3' x 3' in area,
as provided in the application for variance. This action is
contingent on no lighting be allowed to illuminate the signage
because it is located in a residential area. The practical
difficulty is the need for identification of the location of the
facility for persons using the bed and breakfast. The motion carried
as follows: Ayes - Skolarus, Hensick, Ledford and Staley. Nay -
Figurski.
02-09…A request by Chris and Jean Hensick, Section 1, 7589
McClements, is for a 3-foot side yard variance with a 17-foot side
yard setback to construct an addition.
Hensick advised the board that he would abstain from discussion
and voting and that his wife Jean would represent their petition. A
Call to the Public was made with no response. Moved by Skolarus,
supported by Figurski, to grant a 3' variance to construct an
addition. The practical difficulty is the unusual orientation of the
existing home on an irregularly shaped lot. The motion carried
unanimously.
02-10…A request by David Templeton, Section 12 at 1600 Euler
Road, is for a 50-foot variance from wetlands with a 50-foot wetland
setback for an accessory structure.
A Call to the Public was made with the following response:
Letters of objection were received from Attorney Michele Formes
representing Walter and Jane Wasilewski, and from Scott Williams.
The petitioner advised the board that he services tires on heavy
equipment. He carries no inventory on his property or hazardous
materials. Moved by Hensick, supported by Figurski, to table the
petition until the Templetons can supply a boundary survey in
relation to the pond, easement, home and barn. The motion carried
unanimously.
Moved by Ledford, supported by Figurski, to approve the Minutes
of the Jan. 8, 2002 regular meeting of the board correcting pg. 1,
para. 6 to read "Hensick" and not "Staley".
Further, adding a practical difficulty to the Luff petition
according to the written minutes of the meeting. The corrected
minutes were voted and carried unanimously.
The regular meeting of the Zoning Board of Appeals was adjourned
at 10:55 p.m.
Paulette A. Skolarus
Genoa Township Clerk
