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October 22, 2002
7:00 p.m.
AGENDA
02-40…A request by John and Maricel Roberts, Section
22, 3805 Highcrest, for variance to construct an addition to connect two
nonconforming existing structures on the lot and an additional side
variance to construct a second story addition, which is the continuation
of an existing nonconforming use.
02-45…A request by TCF Bank, Section 5, 3875 E. Grand River, for a
variance to place a second wall sign on the north wall.
02-46…A request by James and Dawn Holland, Section
10, 1205 Chemung Drive, for a variance to split property into
nonconforming lots.
02-47…A request by Pete Berton, Section 31, 2760
Brighton Road, for a 27-foot side yard variance with a 13-foot setback
to construct an accessory structure.
02-48…A request by Dennis Jackson, Section 22, 5730
Griffith, for a variance to construct an accessory structure located in
the front yard.
02-50…A request by Christopher Voris, Section 11,
1656 Hughes, for a 5-foot side yard variance with a 5-foot setback to
construct an accessory structure.
02-57…A request by Jason Demery, Section 18, 2930
Kings Court, for a variance to place an accessory structure in the front
yard and a 40-foot front yard variance with a 160-foot setback to
construct an accessory structure.
MINUTES
Vice-Chairman Barbara Figurski 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: Barbara
Figurski, Judith Stornant, Chris Hensick and Jean Ledford. Also present
were Township Ordinance Enforcement Officer Adam VanTassell and
approximately 15 persons in the audience.
Moved by Ledford, supported by Hensick, to approve the Agenda correcting
the numbering sequence. The motion carried unanimously.
02-43…A request by John and Maricel Roberts, Section 22, 3805
Highcrest, for a variance to construct an addition to connect two
nonconforming existing structures on the lot and an additional side
variance to construct a second story addition, in essence extending the
existing nonconformity.
A call to the public was made with the following response: Jacqueline
Blaire – You have an old plat. This road was quitclaimed to our
property. Hensick – A quitclaim deed is an instrument that says ‘if I
own anything, I am giving it to you’. In order for the road to be
abandoned it would need to go to court and amend or modify the plat.
Blaire – Will there be mercury lighting. Petitioner – No. I will use
carriage type lighting that will be turned on and off with use. Blaire –
Will construction materials be burned? Petitioned – We intend to use a
dumpster. How will the well be accessed? Hensick – That is a problem.
Petitioner – If I have well issues, I can move it to the roadside.
Tom Craine – The garage is 3’ beyond the 5’ allowance. I have a problem
with connecting that garage to the house. The garage is an eyesore. Mike
Page - The big trees would have to be removed to access the well.
Hensick – Your request does not work in that area. The buildings would
exceed 90’ in length and the location of the garage troubles me. The
footprint on the Boss survey is not the same as the mortgage survey.
Moved by Ledford, supported by Stornant, to deny the request to
construct a garage. No visible hardship is involved. The petitioner
asked if he could modify his petition to address just the second story
of the house. Hensick – There is a motion on the table and your request
is out of line. Hensick asked that the motion be modified to state that
the request for variance to expand two nonconforming structures be
denied since no practical difficulty to justify modifying the structures
is apparent. The motion, as amended, was voted and carried unanimously.
02-45…A request by TCF Bank, Section 5, 3875 E. Grand River, for a
variance to place a second wall sign on north wall.
A call to the public was made with the following response: Jay Powell –
I have no issue with the request, however, if a vehicle used this access
to get from Latson to Grand River, they would get a ticket. Craig Lesley
– I used to serve on the Planning Commission. The township made every
effort with this development to achieve safety. The township may have
forgotten one thing with regard to signage on out lots. Safety was the
real objective of the Master Plan.
Moved by Hensick, supported by Ledford, to grant the variance, allowing
a second wall sign on the north elevation as delineated on the
application. The practical difficulty is identified as the internal
traffic pattern that has been developed under the Master Plan. The
motion carried unanimously.
02-46…A request by James and Dawn Holland, Section 10, 1205 Chemung
Drive, for a variance to split property into nonconforming lots.
A call to the public was made with no response. A petition from
neighboring homeowners was submitted requesting denial. Moved by
Ledford, supported by Hensick, to deny the request since no hardship or
practical difficulty exists. Further, the split would create a
nonconforming lot. The motion carried unanimously.
02-47…A request by Pete Berton, Section 31, 2760 Brighton Road, for a
27-foot side yard variance with a 13-foot setback to construct an
accessory structure.
The petitioner was advised that his property was not staked. Moved by
Hensick, supported by Ledford, to table the request until the next
regular meeting of the board. The motion carried unanimously.
02-48…A request by Dennis Jackson, Section 22, 5730 Griffith, for a
variance to construct an accessory structure located in the front yard.
A call to the public was made with the following response: Craig Lesley
– I am a neighbor who opposes the request. Detached garages are not
allowed in our neighborhood. Steve Rossin – This garage will be at a
lower elevation and I do not have a problem with the request. Figurski –
The Zoning Board of Appeals can only act on a hardship or practical
difficulty that is related to the land. Your request is self-imposed.
Hensick – The garage in the front is out of character with the area.
Moved by Hensick, supported by Stornant, to deny the variance since the
petitioner presented no practical difficulty or hardship. The motion
carried unanimously.
02-50…A request by Christopher Voris, Section 11, 1656 Hughes, is for
a 5-foot side yard variance with a 5-foot setback to construct an
accessory structure.
A call to the public was made with no response. Moved by Stornant,
supported by Ledford, to approve the request for a 5’ side yard variance
as requested. The practical difficulty is the narrowness of the lot and
the location of the existing well. The motion carried unanimously.
02-51…A request by Jason Demery, Section 18, 2930 Kings Court, is for
a variance to place an accessory structure in the front yard and a
40-foot front yard variance with a 160-foot setback to construct an
accessory structure.
A call to the public was made with no response. Moved by Hensick,
supported by Stornant, to approve the 40’ variance for the accessory
building on condition that it will not be used for commercial use. The
practical difficulty is the location of the existing residence and the
unusual terrain of the site. The motion carried unanimously.
Moved by Ledford, supported by Stornant, to approve the Minutes of the
September 17, 2002 regular meeting of the board with typographical
corrections. The motion carried unanimously.
Moved by Hensick, supported by Ledford, to waive the fee for the Roberts
petition and to allow him to come back with a new plan within 180 days.
The regular meeting of the Zoning Board of Appeals was adjourned at 9:00
p.m.
Paulette A. Skolarus
Genoa Township Clerk
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