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, Jean Ledford, Polly
Skolarus and Judy Stornant. Also present were Township Zoning
Administrator Adam VanTassell and approximately 20 persons in the
audience.
Moved by Ledford, supported by Stornant, to approve the Agenda
with the tabling of petition 02-18. The motion carried unanimously.
A Call to the Public was made with no response.
02-13…A request by Gary Spare, Section 10, 5264 Westwood for an
8 foot side yard variance with a 2 foot side yard setback and a 17.5
foot front yard variance with a 17.5 foot setback to construct an
addition.
A Call to the Public was made with no response. Moved by Skolarus,
supported by Ledford, to approve the variance of 8' on the side and
17.5' on the front, contingent on the home being guttered. The
practical difficulty is the narrowness of the lot. The motion
carried unanimously.
02-16…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
setback and a 31-foot front yard variance with a 4-foot setback to
construct an addition.
A Call to the Public was made with the following response: Joyce
Matevia. - My home is on the property line and there is enough room
for two cars on the side of the house, next to the fence. A letter
of support was received from John Benson. Moved by Skolarus,
supported by Ledford, to deny the request because of the potential
harm to the safety and welfare of the community when there is no
place for a garage or parking. The motion failed as follows: Ayes -
Skolarus and Ledford. Nay - Stornant and Staley. Moved by Ledford,
supported by Skolarus, to table until the next regular meeting of
the board when there are five members present to make a decision.
The motion carried unanimously.
02-18…A request by Mark I Restoration, Section 5, 1091 Victory
Dr., is for a 25-foot front yard variance with a 50-foot setback to
install additional parking.
Tabled at the petitioner's request.
02-19…A request by Timothy Mason, Section 24, 7875 Herbst, is
for an 8-foot side yard variance with a 7-foot setback to install an
above ground swimming pool.
A Call to the Public was made with one neighbor voicing approval
for the request. Moved by Ledford, supported by Stornant, to approve
an 8' side yard variance. The practical difficulty is the slope of
the property, the location of the septic field and power lines. The
motion carried unanimously.
02-20…A request by Cindy Jonckheere, Section 22, 3894 Highcrest,
is for a 2-foot side yard variance with an 8-foot setback and a
37-foot rear yard variance with a 3-foot setback to construct a new
home.
A Call to the Public was made with the following response: Joann
Bartolomucci - I support this request. Moved by Ledford, supported
by Stornant, to approve the roadside variance of 37' since there are
an additional 16' to the roadside. This action is contingent upon
the following: Removal of the existing shed and removal of the
concrete porch to the north. The practical difficulty is the
location of the existing well that will not allow the placement of
the home anywhere else. The motion carried unanimously. (Note: The
land use permit stated that the total square feet of the project is
1189 square feet with and estimated value of $118,900.00 when in
fact the total square feet of the new construction is 2,378 square
feet.)
02-21…A request by Troy and Donna Redmon, Section 5, 3897
Sugarbush, is for an 8 foot rear yard variance with a 32 foot
setback to construct a deck
A Call to the Public was made with one resident asking the
location of this development. Moved by Ledford, supported by
Skolarus, to deny the request since no hardship or practical
difficulty related to the land was presented by the petitioner. The
motion carried unanimously.
02-22…A request by E.B.I. Incorporated, Section 10, 5297
Wildwood, is for a 15’4" rear yard variance with a
24’8" setback, a 3’3" side yard variance with a
6’9" setback, and a 21’11" front yard variance with a
13’1" setback to construct a new home.
A Call to the Public was made with no response. Moved by Skolarus,
supported by Ledford, to a 21' 11" front yard variance, a 3'
3" side yard variance and a 15' 4" rear variance for
construction of a pre-manufactured home measuring 36' x 22' in area
with an attached garage. The practical difficulty is the narrowness
of the lot and the placement of the neighboring home. The motion
carried unanimously.
02-23…A request by John Edwards, Section 22, 3671 Highcrest, is
for an 8’6" waterfront variance with a 33-foot setback to
construct a deck.
A memo from Adam VanTassell indicated that the homeowner was
contacted in February and advised that the deck was not in
compliance. Contact was made with the petitioner's contractor asking
him to remove the deck or apply to the ZBA. Nothing further was
received from the petitioner and when work resumed on the deck on
April 2, 2002 a stop work order was issued. A letter was received
from Andrew Warner objecting to the petition being granted. A Call
to the Public was made with the following response: Paul Stupak -
The variance does not affect me personally, but I am concerned with
the neighbors on either side who are negatively impacted. Elizabeth
Sharks - I live on the north side of this property. The home is very
attractive and I do not want to hurt this person, but I have lost a
partial view of the lake and my privacy. The deck should not be
there. Arnie Messing - I would compliment Elizabeth on their home. I
was dumbfounded when I viewed this deck from her home. The deck is
out of proportion to the area. It is out of place and obtrusive. I
request denial of their request. Dale Cooper (Attorney for the
petitioner) - Changing the roof would be a major change and very
expensive. We could remove 2' of deck and bring it back to 35'.
Jodie - We built three years ago. This construction is infringing on
the shoreline. Al Sharpe - I have lived here 15 years. I was granted
a 35' variance but only took 30'. The homes should be lined up and a
variance should have been asked before construction. Cooper asked
that the request be tabled until the next meeting to work out the
problem. Moved by Skolarus, supported by Stornant, to table until
the June meeting of the board. The motion carried unanimously.
Consideration of the adoption of the Zoning Board of Appeals
Bylaws as submitted by Strader.
The board reviewed the bylaws as submitted. Changes were asked of
VanTassell. The board took no formal action. It was the consensus of
the board to again review the matter at the next regular meeting.
ADMINISTRATIVE BUSINESS:
Moved by Ledford, supported by Skolarus, to approve the Minutes
of the April 9, 2002 meeting of the board, adding a practical
difficulty to petition 02-10. The motion carried with Stornant
abstaining.
A memorandum was received from Heikkinen concerning the alternate
member of the ZBA. It was the consensus of the board to refer the
matter to the Township Board.
The regular meeting of the Zoning board of Appeals was adjourned
at 9:45 p.m.
Paulette A. Skolarus
Genoa Township Clerk
