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January 22,
2003
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 15' waterfront variance to construct an
addition.
02-53…A request by Keith Penner, Section 22, 3743 Conrad, for a variance
to split property into nonconforming lot.
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.
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.
03-01…A request by Michael Jamros, Section 12, 1062 Hacker, for a
variance to allow construction of an accessory building to exceed the
maximum square footage allowed.
03-02…A request by Geoff Oswalt, Section 28, 4003 Homestead, for a 25
foot rear yard variance with a 15 foot setback, a 5 foot side yard
variance with a 5 foot setback, and a 6 foot waterfront variance with a
60 foot setback to construct a new home.
03-03…A request by Joanne Gibbons, Section 6, 2709 E. Grand River, for a
variance to place a dumpster on the fence line at a commercial building.
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, Barbara Figurski, Chris Hensick and Jean Ledford. Also present
were Township Zoning Administrator Adam VanTassell and approximately 25
persons in the audience.
Moved by Hensick, supported by Figurski, to approve the Agenda with the
correcting of the petition numbers. The amended Agenda was voted and
carried unanimously.
A call to the public was made with no response.
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 15-foot waterfront
variance to construct an addition.
A call to the public was made with no response. Moved by Figurski,
supported by Ledford, to approve a 3.5’ west side variance and a 15’
waterfront variance with the following conditions: The maximum building
height will be 25’; the shed on the road will be removed; and the house
will be guttered with all water runoff retained on the property. The
motion carried as follows: Ayes – Staley, Figurski and Ledford. Nay –
Hensick.
02-53…A request by Keith Penner, Section 22, 3743 Conrad, for a
variance to split property into nonconforming lots.
Hensick advised the board that he would withdraw from discussion of this
petition since there was a conflict of interest. Hensick then left the
room. A call to the public was made with no response. Moved by Ledford,
supported by Figurski, to allow three splits creating 3 nonconforming
lots according to Exhibit B (as provided by the petitioner). The
practical difficulty is the irregular shape of the parcel that does not
meet the 4 to 1 depth to width ratio when the division occurs. The
motion carried unanimously.
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.
When this petition was called there was no response. Moved by Figurski,
supported by Ledford, to table the request for one last time until the
next regular meeting of the board. 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 an
84-foot setback to construct an addition.
A call to the public was made with the following response: Karen Wray -
I have not received the revised plan and am concerned with the loss of
my view to the lake. Steve Wray – At the last meeting the 3-car garage
was discussed versus the 2-car garage. Hensick – I feel that the garage
is appropriate considering the neighborhood. I am more concerned with
the encroachment of your home onto this parcel. The board was advised
that the previous homeowner owned both parcels. No height
variance is being asked. Staley – As long as no height variance is being
asked and no waterfront variance is required, I can look favorably upon
your plan that is headed “optional”. Moved by Hensick, supported by
Figurski, to table the petition until the next regular meeting of the
board to allow time to determine whether the waterfront variance can be
met. The motion carried unanimously.
03-01…A request by Michael Jamros, Section 12, 1062 Hacker, for a
variance to allow construction of an accessory building to exceed the
maximum square footage allowed.
Letters were received from Mike Ferarolis (no objection) and Tom
Sutherland (not in favor of variance). A call to the public was made
with Tom, Glen and Bill advising the board that they had no problem with
the request. Staley cited Section 19.0612 of the zoning ordinance – The
character of the surrounding neighborhood has changed in relation to
this site and any rebuild should be in conformance with the zoning
ordinance. Moved by Hensick, supported by Figurski, to grant the
petitioner’s request to construct a garage 12’ in height with an area of
24’ x 24’ on the exact location as the structure to be demolished. This action would allow a variance of 624 sq. ft. to 1200
sq. ft. limitation of the zoning ordinance. The practical difficulty is
the change in character of the surrounding neighborhood and this large
parcel surrounded by Suburban Residential Zoning. The motion carried as
follows: Ayes – Hensick, Figurski and Ledford. Nay – Staley.
03-02…A request by Geoff Oswalt, Section 28, 4003 Homestead, for a
25-foot rear yard variance with a 15-foot setback, a 5-foot side yard
variance with a 5-foot setback, and a 6-foot waterfront variance with a
60-foot setback to construct a new home.
A call to the public was made with no response. Letters were received
from Curt and Angie Brown, Mary Ann McNeely and Ron and Jan Franz
supporting the variance. Moved by Hensick, supported by Ledford, to
approve the variances sought conditioned upon the home not exceeding
2500 sq. ft. in area with the height restriction of 25’ and removal of
the old structure. Further, no variance will be sought related to
decking nor will any improvement extend closer to the water than shown
on the
plan approved today. The practical difficulty is the location of the
parcel at the end of a dead-end road. The motion carried unanimously.
03-03…A request by Joanne Gibbons, Section 6, 2709 E. Grand River,
for a variance to place a dumpster on the fence line at a commercial
building.
A call to the public was made with the following response: Mike Dumas –
We have a privacy fence between our home and the commercial property.
The garbage is being placed in a dumpster right next to the fence. We
have a problem with odor, raccoons, skunks and rats. This is a problem
when I allow my grandchildren to play in the yard. At first there was
only one dumpster and now there are three. Dennis Okopski – The dumpster
should be closed at the top. That would stop some of the problem. John
Stevens – The dumpsters have been there since I bought my property at
least 10 years ago.
Staley cited section 23.02 item C of the Township Zoning Ordinance
related to public nuisance. The dumpsters should be closer to the
building since there appears to be an access easement to all properties
on the site. That easement runs parallel to the fence line. Moved by
Hensick, supported by Ledford, to deny the request to place the
dumpsters near the fence since such placement and continued use would
endanger the safety and welfare of the residents living near the
commercial businesses. The vermin, odor and debris create an eyesore and
are a hazard to the living conditions of the residential properties
adjacent to this site. The motion carried unanimously.
Moved by Figurski, supported by Hensick, to approve the Minutes of the
11-19-02 – adding rear yard “roadside” variance and. …variance “(all
measured from the lot boundary line of lot #10)”. The amended minutes
were voted and carried unanimously.
Moved by Hensick, supported by Staley, to approve the 12-17-02 Minutes,
correcting typographical errors. The motion carried unanimously.
Moved by Figurski, supported by Hensick, to reappoint Rick Staley
Chairman of the Zoning Board of Appeals. The motion carried unanimously.
Moved by Hensick, supported by Ledford, to reappoint Barbara Figurski
Vice-Chairman of the Zoning Board of Appeals. The motion carried
unanimously.
The regular meeting of the Zoning Board of Appeals was adjourned at 9:05
p.m.
Paulette A. Skolarus
Genoa Township Clerk
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