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AUGUST
19, 2003
7:00 p.m.
AGENDA
03-37…A request by
Providence Steel, Section 5, 1200 Victory Drive, is for a sign variance
to place two pole signs on one property. (tabled 6-17-03 & 7-22-03)
03-38…A request by
Jacobs & Sharp LLC., Section 22, 4078 Highcrest, is for a side yard
variance, rear yard variance and waterfront variance to construct a new
home. (tabled 6-17-03)
03-46…A request by Mark
Ouilette and Blythe Patterson, Section 6, 2160 Grand River, is a
variance for a special use: Family Fun Center within 100 feet of
residential district. This matter was denied at the July ZBA and is
being reheard due to new information relating to the reasons for denial.
03-47…A request by
Melisa Neal, Section 22, 4330 Highcrest, is for a side yard variance to
construct a detached garage and an addition to existing structure.
03-48…A request by
Jordan Grant, Section 19, 3693 Kipling Circle, is for a side yard
variance and a rear yard variance to construct a detached garage.
03-49…A request by Brian
and Judy Abbee, Section 14, 2160 Grand River, is for a sign variance.
03-50…A request by Jeff
and Gina Gangnier, Section 22, 4348 Highcrest, is for a side yard
variance to construct a detached garage.
03-51…A request by
Richard and Gabriella Hoffman, Section 9, 980 Sunrise Park, is for a
front yard, side yard and rear yard variance to construct a second story
addition.
03-52…A request by John
Gomez, Section 10, 1094 Chemung Drive, is for a side yard and rear yard
variance to construct an addition.
MINUTES
Chairman Rick 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 members of
the Zoning Board of Appeals were present constituting a quorum for the
transaction of business: Rick Staley, Barbara Figurski, Chris Hensick,
Jean Ledford and Dean Tengel. Also present were Township Ordinance
Enforcement Officer Adam VanTassell and approximately 50 persons in the
audience.
Moved Ledford, supported by Tengel, to approve the Agenda as presented.
The motion carried unanimously.
03-37…A request by Providence Steel, Section 5, 1200
Victory Drive, for a sign variance to place two pole signs on one
property.
Moved by Hensick, supported by Ledford, to table until
the next regular meeting of the Zoning Board. The motion carried
unanimously.
03-38…A request by Jacobs & Sharp LLC, Section 22,
4078 Highcrest, for a side yard variance, rear yard variance and
waterfront variance to construct a new home.
A call to the public was made with the following
response: John Jones – I own the northern island. I am concerned with
the side access garage. We own the southern half of lot 78 (our shore
lot) and park our vehicles there. Can the garage access from this lot be
directly from the roadside? Hensick – This lot requires a much smaller
structure and the home needs to be further from the property lines.
Moved by Figurski, supported by Hensick, to table until
the petitioner can consider other options including a reduction in the
size of the home. The motion carried unanimously.
03-46…A request by Mark Ouilette and Blythe
Patterson, Section 6, 2160 Grand River, for a special use variance
(Family Fun Center within 100 feet of residential district). This matter
was denied at the July ZBA and is being reheard due to new information
relating to the reasons for denial.
Hensick asked that he be excused from discussion of this
petition since he was the council in the real estate transaction on
behalf of this petitioner. Hensick was excused.
Letters of support were received from Torie Casson,
Angus Miler, Healthy Livingston and Nancy J. Merdzinski. Letters of
objection were received from Barb Troe, Susan and Kevin Funke, Rose M.
Perkins, Robert Brennan, Robert Vallace and John R. Knauss.
A call to the public was made with the following
response: Cindie DeWolf – I am concerned with the present water problem.
This site drains directly onto my lot. Patterson – We will correct that
problem. Pat Rea – Their reaction is reactive rather than proactive
when it comes to addressing our concerns about drugs, noise and
trespass. This facility needs to go in another location. Our
concerns have not been addressed. Livingston County has a major
drug problem and this facility need to go in a different site.
Sean – This would be a place for my kids to go. The abandoned building
would no longer be abandoned. There would not be the problem of kids in
the back parking lot. Vandals have broken the fence along the back. Ted
Kuderko – I have no problem with the business if the concerns raised
here are dealt with and the building is cleaned up and improved. Peggy
Boyd (Bank One) – Considering the demographics of Livingston County,
this is a good market for this type of business. Dave Trudeau – We will
need to ask the Livingston County Sheriff’s Dept. to patrol this
facility. This proposal is for persons 14 to 20 years of age and the
curfew for that age is 11:00 p.m. Further, the back area of this
facility should be fenced to stop foot traffic. Gary Oulette - With the
improvements to the buffer zone and additional security it should be a
safer site. I am here in support of this petitioner. Rachael Patterson.
This is a great opportunity for our children and I am in support. Edmund
Patterson – The existing foot traffic through Chilson Hills will not
change whether this use is approved or not. Joe Peters – This is a good
use of this site.
Moved by Ledford, supported by Tengel, to grant a 30’
variance contingent upon the following: The drainage issue raised by
Cindie DeWolf will be corrected, the rear property line of the site will
be fenced, vegetation along that fence line will be replaced where it
was destroyed. The practical difficulty is the configuration of the lot
and the peculiar location of this building on the property. The motion
carried unanimously.
03-47…A request by Melissa Neal, Section 22, 4330
Highcrest, for a side yard variance to construct a detached garage and
an addition to existing structure.
A call to the public was made with no response. Moved by
Hensick, supported by Tengel, to table the request in an effort to allow
the petitioner time to consider other options with regard to the size
and height of the proposed structure. The motion carried unanimously.
03-48…A request by Jordan Grant, Section 19, 3693
Kipling Circle, for a side yard variance and a rear yard variance to
construct a detached garage.
A call to the public was made with no response. Moved by
Figurski, supported by Ledford, to approve an 18’ side yard variance and
a 65’ rear yard variance contingent upon the following: No plumbing or
heating will be installed in the garage nor will there be any business
operation out of the facility. The practical difficulty is the unusual
topography (wooded and swampy) as well as the location of the abandoned,
engineered septic field. The motion carried unanimously.
03-49…A request by Brian and Judy Abbee, Section 14,
2160 Grand River, for a sign variance.
A call to the public was made with no response. Moved by
Ledford, supported by Figurski, to deny the request for a second sign
facing Kellogg Road since no practical difficulty was presented by the
petitioner that specifically related to the land. The motion carried
unanimously.
03-50…A request by Jeff and Gina Gangnier, Section
22, 4348 Highcrest, for a side yard variance to construct a detached
garage.
Letters of opposition were received from Frank Castle and Richard
Ziminsky. A call to the public was made with no response.
Moved by Hensick, supported by Figurski, to grant a 6’
side yard variance contingent upon the following: Retention of all water
runoff on the this lot, no plumbing will be allowed to the addition, and
removal of the existing pole barn. The practical difficulty is the
narrow width of the existing lot and the location of the overhead power
lines. The motion carried unanimously.
The petitioner asked that the board approve a refund of
the $105.00 application fee since they were not offered a chance to
table their request the last time their petition was heard. Moved by
Hensick, supported by Tengel, to deny this request.
03-51…A request by Richard and Gabriella Hoffman,
Section 9, 980 Sunrise Park, for a front yard, side yard and rear yard
variance to construct a second story addition.
A call to the public was made with no response. Moved by
Ledford, supported by Figurski, to approve the following variances: 5.5’
front yard, 4’ side yard, 6’ height (not to exceed 31’) and 3 building
stories as requested. The extraordinary circumstance is the application
of the ordinance to this property and the location of a two-story home
with a basement walkout in the front yard. This action would allow the
continuation of a nonconforming use. The motion carried unanimously.
03-52…A request by John Gomez, Section 10, 1094
Chemung Drive, is for a side yard and rear yard variance to construct an
addition.
A call to the public was made with the following
response: Marian Kujawa – I have no objection to the variance being
granted. Diane Rancik – I have no problem with the house but am
concerned with the water runoff that floods my property. Rene Jones – I
have no objection to the variance being granted. Moved by Hensick,
supported by Figurski, to approve the construction of a one-story garage
addition and rebuilding of the waterside portion of the house with the
following variances: 18’ front yard and 1.7’ south side-yard. Further,
that the addition should not interfere with the neighboring property
owner’s view of the lake. The house will include full gutters with all
water retained on this property. The practical difficulty is the
location of the existing residence on a narrow lot. The motion carried
unanimously.
Moved by Figurski, supported by Ledford, to approve the
minutes of the July 22, 2003 regular meeting of the board correcting pg.
3, para 2 to read: It “would appear…” and deleting It “is determined by
the board…” The corrected minutes were voted and approved unanimously.
The regular meeting of the Zoning Board of Appeals was
adjourned at 10:35 p.m.
Paulette A. Skolarus
Genoa Township Clerk
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