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June 29, 2004
7:00 p.m.
AGENDA
04-11…A request by
Jeffrey Adams, Section 10, 5239 Wildwood, is for a front yard, rear
yard and side yard variance to construct a 2nd story addition.
04-24…A request by Jeffrey Geist, Section 22, 4070 Clifford, is for
a front yard variance to construct a 2nd story addition.
04-26…A request by Joseph Migdaleck and Dennis Cuffe, Section 11,
1728 Hughes Road, for a waterfront, side yard and front yard
variance to construct a 2nd story addition.
04-27…A request by Andres Migdaleck and Dennis Cuffe, Section 11,
1794 Hughes Road, for a front and side yard variance to construct an
addition.
04-28…A request by Mark and Michelle Santoni, Section 30, 2410 E.
Coon Lake Road, to construct a pole barn in the front yard.
04-29…A request by Courtney and Paula Lusk, Section 18, 2800 Acorn
Lane, for a front yard variance to construct a sun room.
04-01… A request by
Crest Housing, Section 12, 1756 Skyview, for yard variances to
construct a new home and a detached accessory building.
MINUTES
Chairman Doug Brown called the 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, Jean Ledford, Joe Perri, Kevin Brady and Doug
Brown. Also present was Township Staff member Adam Van Tassell and
approximately 20 persons in the audience.
Moved by Figurski, supported by Ledford to approve the Agenda
with the tabling of item #1, case # 04-11 for Jeffrey Adams per the
petitioner’s request. Motion carried unanimously.
A call to the public was made with no response.
04-24…A request by Jeffrey Geist, Section 22, 4070 Clifford, is
for a front yard variance to construct a 2nd story addition.
A call to the public was made with no response.
Moved by Brady, supported by Perri, to grant case #04-24 for a 25
foot front yard variance for an addition of an approximate 1,900 sq.
ft. garage with a carport to an existing non conforming structure
with the following restrictions: There is to be no water supply in
the addition, no egress from the existing house to the 2nd story
storage area, the addition is to be guttered and there is to be no
living space in the 2nd floor storage area. The hardship is the
typography of the lot does not allow the petitioner to construct
garage closer to the lake. Motion carried as follows: Ayes: Perri,
Brady, Brown. Nays: Ledford, Figurski.
04-26…A request by Joseph Migdaleck and Dennis Cuffe, Section 11,
1728 Hughes Road, for a waterfront, side yard and front yard
variance to construct a 2nd story addition.
A call to the public was made with no response.
Moved by Ledford, supported by Figurski, to grant petitioner’s
request to allow the following variances of roadside- 16.25 feet,
north side- 10 feet, and a 33 foot waterfront to lot line variance
to construct a 2nd floor addition to a nonconforming structure, with
the structure matching the existing roof line with no expansion to
the original building envelope and conditioned upon the addition
being guttered and the removal of the trash and debris on the site.
Petitioner will not obstruct the 10 foot lake access easement along
the north side of the property. The hardship for granting this
request is because of the extreme narrowness of the lot and the
structure being situated on the zero lot line. Also the extensive
improvements to the structure will make it compatible with the other
homes in the area. Motion carried unanimously.
04-27…A request by Andres Migdaleck and Dennis Cuffe, Section 11,
1794 Hughes Road, for a front and side yard variance to construct an
addition.
A call to the public was made with following response: Greg
Krench, 1732 Hughes Road, I own three houses in the area and live in
the area, this is a welcomed change. Craig Tolles, 1797 Hughes Road,
I live across the street and the petitioner indicated a side yard
variance, are we going to the south side? Mr. Cuffe- The addition
will be 15 feet from the south side lot line. Mr. Tolles: Lot 2 is
the lot next door, I have heard that it had sold, is Mr. Migdaleck
buying the lot because I do have an easement across that lot. Mr.
Migdaleck: I am in negations with the realtor now. Chairman Brown:
Lot 2 is not pertinent to this matter.
Moved by Ledford, Supported by Figurski, to grant petitioner’s
request for a 4.3 foot waterfront variance and a 20.5 foot roadside
variance to construct a 30 X 24 addition to an existing
nonconforming structure with namely a 1st floor master bedroom and a
2nd story above. The structure is to be guttered. The hardship is
the need to expand the home because of extremely small bedrooms (1
1/2 bedroom). The house is presently too close to the waterfront in
regards to 4.3 foot waterfront variance approved. Motion carried
unanimously.
04-28…A request by Mark and Michelle Santoni, Section 30, 2410 E.
Coon Lake Road, to construct a pole barn in the front yard.
A call to the public was made with the following responses: Alan
Patterson, 2424 E. Coon Lake Road, there is a road maintenance
agreement that Dr. Stone did years ago. The gravel road is 12 feet
wide. The gravel road does meander. I am concerned about the access
to the garage; you will have to cross the road to get to the garage.
The further away the garage is from the road the better it would be.
The Santoni’s were very smart in where they placed the garage.
Debbie Hall, 2400 E. Coon Lake Road, I was wondering if this is
going to be used for business purposes. The road is not a well
maintained road. Chairman Brown: If any business was to be run out
there, they would need approval from the Township. Chairman Brown
read a letter that was given to the Township by Mr. David
Tegrotenhuis, it read as follows: “I own the adjacent parcel to the
north having a common boundary line with the Santoni’s. The Santoni
parcel falls well below the 5 acre minimum lot side for our area.
This lot has already benefited from the township error giving it a
20 foot setback approval instead of the required 40 foot setback
requirement of this area. This allowed the Santoni’s to build a very
large home on the 120 wide lot and subsequent removal of most of the
beautiful oak trees. This area has nice homes on very forested land.
Already the house on this parcel does not fit the area. Any
additional building would greatly change the ambiance of the area. I
strongly urge the Zoning Board of Appeals to deny any future
building on this lot. Consider that this house that exists already
has a large attached garage. There are many subdivisions available
where all trees have already been removed and large homes exist.
Perhaps the Santoni’s might feel more at home building there.”
Moved by Ledford, supported by Brady, to grant approval to a very
odd situation to construct a 40 x 30 pole barn to be built in the
front yard across from the existing home at 2410 E. Coon Lake Road
and separated by an existing private gravel roadway. Proposed pole
barn to be 45 feet from north corner of center line of existing
gravel roadway, 51 feet from back of property line, 40 feet from
north and south property lines with a retaining wall on west side of
property. Conditioned upon pole barn not being converted into a
residential home. The hardship is because of the gravel roadway
splitting the land and the land on which pole barn is to be built is
a difficult hilly site requiring a great deal of earth removal.
Motion carried unanimously.
04-29…A request by Courtney and Paula Lusk, Section 18, 2800
Acorn Lane, for a front yard variance to construct a sun room.
A call to the public was made with no response.
Moved by Brady, supported by Perri, to grant case #04-29 for a 23
foot front yard variance to construct a sunroom. The hardship is the
unusual topography of the land.
The meeting was adjourned at 9:00 p.m.
Respectfully submitted,
Amy Ruthig
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