SCIO TOWNSHIP ZONING BOARD APPEALS
827 North Zeeb Road, Ann Arbor, Michigan 48l03
MEETING MINUTES OF THURSDAY, SEPTEMBER 15, 2005
1) CALL TO ORDER
Chair Knowles called the meeting to order at 7:06 pm.
2) ROLL CALL
Present: DeLong, Collica, Knowles, Ream
Absent:
3) Swearing in at 7:07 p.m.
4) COMMUNICATIONS AND/OR CORRESPONDENCE
None
5) Public Hearings
A. Variance #1471, Edwin and Margaret Egeler, Spencer Cooreman, regarding property code #H-08-17-200-001, 7100 Marshal Road, requests allowance to allow the creation of lots that are divided by a private road easement. Lots may not be divided by a public or private road, per section 2.02, definition of lot.
Public hearing declared open by Chair Knowles at 7:08 p.m.
Applicant/representative:
Spencer Cooreman, 2360 E. Delhi Rd., Ann Arbor, Mi
Applicant is requesting an additional variance for “Phase 2”, an additional 14.5 acres for homesites. Lots I and J are greater than the 2.02 acre requirement. Applicant believes there are unique and exceptional circumstances on this property which warrant approval of variance request. An alternative approach would not be as considerate to the woodlands on the site, and to the south there are steep slopes. Applicant proposes restrictions to each lot south of the road. Property to the south of the road will not be used for any residential or commercial use, basically for conservation.
Public comment:
Nanine Merceau, 676 Marshal Rd., Ann Arbor, Mi
East adjacent property owner has applied for their woods to be placed in public land trust. Believes that applicant’s woods could be included also in public land trust. Prefer not to pay taxes on woods. Applicant is very interested in ecology and has already started to make a great portion of land he has purchased into “prairie”. Believe applicant’s intent is the best use for this property and support variance request.
MOTION BY COMMISSIONER COLLICA, SUPPORT BY COMMISSIONER DE LONG TO CLOSE THE PUBLIC HEARING AT 7:14 P.M.
YES: 4 NO: 0 MOTION CARRIED
Discussion by Commission:
• Looks like the road tapers off? (Applicant: Yes, it does taper off to 9.33 feet.) Does applicant plan to build up road where it tapers on either side? (Applicant: Road sits on swailing. There are no major cuts planned. Width of road is 22 feet, a Class B Road, gravel; and will not be paved.)
• Has water run-off been taken into consideration? (Applicant: There is a detention pond planned.)
• Will road be built to County specifications? (Applicant: Yes.)
MOTION BY COMMISSIONER DE LONG, SUPPORT BY COMMISSIONER COLLICA, IN THE MATTER OF VARIANCE #1471, BY SPENCER COOREMAN, FIND THAT:
1. THERE ARE EXCEPTIONAL CIRCUMSTANCES APPLICABLE TO THIS PRIVATE PROPERTY THAT DO NOT GENERALLY APPLY TO OTHER PROPERTIES IN THE SAME DISTRICT. THE APPLICANT HAS TAKEN MEASURES TO PROTECT WETLANDS AND PRESERVE TREES. HE HAS CHOSEN PERK LOCATIONS THAT THE WASHTENAW COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH HAS SAID ARE BEST FOR THE PROPERTY.
2. THE VARIANCE IS NECESSARY FOR THE PRESERVATION AND ENJOYMENT OF A SUBSTANTIAL PROPERTY RIGHT. A SIMILAR VARIANCE TO THE BACK PARCEL BY THE ROADWAY WAS GRANTED EARLIER THIS YEAR.
3. THE GRANTING OF THIS VARIANCE WILL NOT BE MATERIALLY DETRIMENTAL TO THE PUBLIC WELFARE NOR MATERIALLY INJURIOUS TO THE PROPERTY IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
4. THE GRANTING OF THIS VARIANCE WILL NOT ADVERSELY AFFECT THE PURPOSE OF OBJECTS OF THE MASTER PLAN OF THE TOWNSHIP.
5. THE CIRCUMSTANCES WHICH RESULTED IN THIS REQUEST ARE NOT THE RESULT OF ACTIONS OF THE APPLICANT.
6. LOTS ARE MUCH LARGER THAN THE REQUIRED 2.5 ACRES.
7. AN AGREEMENT HAS BEEN PROPOSED AND WILL BE SIGNED TO NOT ALLOW ANY STRUCTURE ON THE OTHER SIDE OF THE ROAD FROM THE HOUSE.
THEREFORE MOVE TO GRANT THE REQUESTED ALLOWANCE TO DIVIDE LOTS I AND J WITH A PRIVATE ACCESS EASEMENT.
Discussion by Commission:
• Would like to add that lots are much larger than the required 2.5 acres in area, and is a reason why ZBA will allow division because of their size. Also think it’s important to note that the agreement has been proposed and will be signed to not allow any structure on the other side of the road from the house. Agreement will need to be submitted, certainly, by the time of issuance of Certificate of Occupancy.
• Believe agreement should be submitted by the time of zoning compliance for a private road.
YES: 4 NO: 0 MOTION CARRIED
B. Variance #1473, Beth A. Johnson, regarding property code #H-08-23-410-008, 3573 Elizabeth Road, requests a 6 foot side yard setback rather than the required 15 and a 12 foot front yard setback rather than the required 35, purpose of construction of a garage, pursuant to Section 4.08.
Public hearing declared open by Chair Knowles at 7:22 p.m.
Applicant/representative:
Beth Johnson, 3573 Elizabeth Rd., Ann Arbor, Mi
Alan Seiz, 3573 Elizabeth Rd., Ann Arbor, Mi
There is an existing one-car garage, without room for expansion to a two-car garage on the east side of the property. There are mature trees on the east, south and west side of backyard, and a drain field in the back half of yard, along with a septic system in the front half of front yard. To the west of the house there is a hill that slopes down, and two bedrooms are located on that side of the house. Logical location is the west front, with room from proposed garage and neighbor’s house to the west, approximately 47 feet. Edison wires can be moved to accommodate a new garage.
Applicant does not object to tabling this matter.
Public comment:
No public comment.
MOTION BY COMMISSIONER COLLICA, SUPPORT BY COMMISSIONER REAM TO CLOSE THE PUBLIC HEARING AT 7:25 P.M.:
YES: 4 NO: 0 MOTION CARRIED
Discussion by Commission:
• Review has been received from the Township Planner, dated September 9, 2005, including ordinance issues. Additional information is need and alternatives need s to be addressed by applicant.
• What is the need for an additional kitchen? (Applicant: Would like to turn one-car garage into a larger kitchen.)
• Is there an easement on this property? (Applicant; There exists a “skinny strip” between properties owned by applicant.)
• There are constraining issues on the property. The logical location is to the west of the house. Drawing is not too scale. Presence of garage in the required front yard is a problem, reducing front yard up to 70 percent and will be out of character with the neighborhood. Do not see compelling evidence for new garage to be located where the applicant desires.
• Township Planner needs a lot of additional information. Neighbors’ approval will weigh in support of applicant’s request.
• Is there a possibility of putting another one-car garage in back of the single car garage? (Applicant: Did consider that option. Slope is very extensive on the west side of the house.)
• Applicant has not presented a true property survey, and not to scale
• Suggest applicant reduce front setback. 23 feet is not acceptable. Do need see evidence that demonstrates acceptability of proposed location.
• Suggest applicant speak to Township Planner before returning to ZBA. ZBA is guided by Township ordinances.
MOTION BY COMMISSIONER DELONG, SUPPORT BY COMMISSIONER COLLICA, MOVE TO TABLE VARIANCE #1473.
YES: 4 NO: 0 MOTION CARRIED
3. Variance #1472, David and Laura Rende, regarding property code #H-08-03-413-005, 4790 Dawson Drive, requests a 32 foot rear yard setback rather than the required 35, purpose of construction of an enclosed patio, pursuant to Section 4.08.
Public hearing declared open by Chair Knowles at 7:40 p.m.
Applicant/representative:
David Rende, 4790 Dawson Dr., Ann Arbor, Mi
Applicant has not seen report from Township Planner until now, although he did meet with Doug Lewan previously. Applicant believes he is asking for a 6 foot variance, closest point is 29 feet from the property line. Township staff assisted in application. Carlisle-Wortman review was based on 29 feet from the property line, before application was filed with the Township.
Discussion by Board:
• There may be a problem in variance request related to the advertised hearing. If applicant is asking for more than was publically advertised, ZBA cannot approve request this evening, and there may be no need to proceed further. Applicant will have to reapply and readvertise, with additional fees.
• Applicant can request a waiver of fees.
• Recommend applicant withdraw variance request.
• Commissioner recommendation is that ZBA table consideration of this variance and applicant proceed with revision(s), along with addition re-publication fees. If applicant asks for withdrawal of ZBA consideration, he will lose any deposit monies.
MOTION BY COMMISSIONER REAM, SUPPORT BY COMMISSIONER DE LONG TO TABLE VARIANCE #1472 SO THAT THE APPLICANT CAN MAKE NECESSARY REVISIONS.
Discussion by Board:
• Do not feel it is appropriate to table a matter that will have to be readvertised. What is needed is not the same as is requested in the application and advertising.
• This is a minor revision, and it would be appropriate to table this matter.
• If this matter were tabled, it would return to the ZBA in its present form, without change.
• If this matter is readvertised, it will be a new application.
YES: 2 NO: 2 MOTION FAILED
Applicant can now withdraw application or request a vote, which will likely result in a denial.
Applicant withdraws application and will resubmit.
6) OLD BUSINESS
None
7) APPROVAL OF MINUTES
Minutes of August 18, 2005
MOTION BY COMMISSIONER COLLICA, SUPPORT BY COMMISSIONER REAM TO APPROVE MINUTES OF AUGUST 18, 2005, AS SUBMITTED.
YES: 4 NO: 0 MOTION CARRIED
8) ANY OTHER BUSINESS
None
9) ADJOURNMENT
MOTION BY COMMISSIONER DE LONG, SUPPORT BY COMMISSIONER REAM TO ADJOURN AT 7:56 P.M.
YES: 4 NO: 0 MOTION CARRIED
Minute preparation by James H. LaVoie
