Hamburg Township Zoning Board of Appeals Hamburg Township Board Room Wednesday, May 13, :00 P.M. AGENDA

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1 FAX PHONE P.O. Box Merrill Road Hamburg, Michigan Hamburg Township Zoning Board of Appeals Hamburg Township Board Room Wednesday, May 13, :00 P.M. 1. Call to Order AGENDA 2. Pledge to the Flag 3. Roll Call of the Board 4. Correspondence 5. Approval of Agenda 6. Call to the Public 7. Variance Requests a. ZBA (Continued from April 9, 2015) Agent: Dangerous Architects Owner: Kathleen and Thomas Mular Tyler Belleville, MI Location: 4222 Shoreview Lane Parcel ID: Request: Variance applications to allow a remodel and addition of an existing home. The addition will add 2,696 square feet of space to the existing 1,318 square foot main home. The addition will be 3 feet 8 inches from the south property line where 10 feet is required by the code and 18 feet 10 inches from the west property line where 25 feet is required by the code (Section 7.6.1). An expansion of an existing non-conforming structure that encroaches into the required setback requires approval of a variance by the Zoning Board of Appeals and the improvements will amount to more than fifty (50) percent of the market value of the existing non-conforming building and therefore Zoning Board of Appeals approval is required (section ). 1. Open Public Hearing 2. Close Public Hearing 3. Review b. ZBA (Continued from April 9, 2015) Agent: None Owner: Robert and Joanne Feetham 3564 Rush Lake Road Pinckney, MI Location: 3564 Rush Lake Road Parcel ID:

2 Request: Variance applications to allow a 180 square foot laundry room/bathroom addition to the northeast side of the existing structure. The addition will be 7 feet 2 inches from the northwest property line where 10 feet is required (Section 7.6.1) and 8 feet from the detected shed where 10 feet is required (Section 8.3). An expansion of an existing non-conforming structure that encroaches into the required setback requires approval of a variance by the Zoning Board of Appeals (Section ) 1. Open Public Hearing 2. Close Public Hearing 3. Review c. ZBA Agent: Brivar Construction and Livingston Engineering Owner: Extreme Machine Industrial Drive Whitmore Lake, MI Location: Industrial Drive Parcel ID: Request: Variance applications to allow construction of a 6,466 square foot addition to the northeast corner of the existing commercial structure. The addition will be 38.9 feet from the front property line where 50 feet is required (Section 7.6.1). Nonresidential nonconforming buildings shall not be expanded except to the extent permitted by the Zoning Board of Appeals pursuant to the authority granted in Article 6.0 (Section ). 1. Open Public Hearing 2. Close Public Hearing 3. Review d. ZBA Agent: None Owner: Emily Tweedy 6260 Buckshore Drive Whitemore Lake, MI Location: 6260 Buckshore Drive Parcel ID: Request: Variance applications to allow the complete reconstruction of the 12 foot by 18 foot deck off the lake side of the home. The deck will be 36 feet from the high water mark of Buck Lake where 42 feet is required by the code (section footnote 3 and ). Because the repairs to the deck constitute more than 50% of the market value of the existing deck a variance is required (section ). 1. Open Public Hearing 2. Close Public Hearing 3. Review e. ZBA Agent: None Owner: Lenny Morgan 1339 Buckboard Circle South Lyon, MI Location: 2946 Indian Trail Parcel ID: Request: Variance applications to allow construction of a 504 square foot detached garage addition. The project will require variances because the garage will be 0 feet from the existing structure on the property where 10 feet is required (Section 8.3.4),.7 from the north property line abutting the street where 15 feet is required (Section 8.3.2), 9.9 feet from the

3 west property line where 10 is required (Section 8.3.2),and will have a building lot coverage of 37.7% were the maximum allowed by the code is 35% (Section 7.6.1). 1. Open Public Hearing 2. Close Public Hearing 3. Review 8. Approval of Minutes April 9, 2015 Zoning Board of Appeals meeting minutes 9. New/Old Business May 20, MIplace: 2015 Placemaking Strategy Development Workshop in Howell from 1:30 8:30pm 10. Adjournment

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72 FAX PHONE P.O. Box Merrill Road Hamburg, Michigan HAMBURG TOWNSHIP ZONING BOARD OF APPEALS Wednesday, April 9, 2015 Hamburg Township Hall Merrill Rd., P.O. Box 726 Hamburg, Michigan :00 p.m. 1. The meeting was called to order by Commissioner Wiggle at 7:00 p.m. 2. Pledge to the Flag 3. Roll Call Present: Wiggle, Priebe, Neilson, Watson, Eckman Absent: None Also Present: Scott Pacheco, Zoning and Planning Commission Administrator 4. Correspondence - None 5. Approval of the Agenda Motion by Eckman, supported by Watson to approve the agenda with addition of Election of Chair. Voice Vote: Ayes: 5 Nays: 0 MOTION CARRIED 6. Call to the Public A call was made with no response at 7:03 p.m. for comments unrelated to the cases. 7. Variance Request A. ZBA Agent: None Owner: Robert and Joanne Feetham, 3564 Rush Lake Rd., Pinckney, MI 48169, Location: 3564 Rush Lake Road, Parcel ID # Request for variance is to allow a 108 square foot laundry room/bathroom addition to the northeast side of the existing structure. The addition will be 7 feet, 2 inches from the northwest property line where 10 feet is required (Section 7.6.1). An expansion of an existing non-conforming structure that encroaches into the required setback requires approval of a variance by the Zoning Board of Appeals (Section ). Wiggle stated this request wasn t advertised for two variances, so he is uncomfortable taking action on this without the public being advised of the second variance. Pacheco stated approval could be made tonight with contingency that the shed be moved, and noticed for next meeting. Robert Feetham, 3564 Rush Lake Rd., addressed the Board. He stated that the difficulty in moving the shed is that it is on a slab. Wiggle stated the ordinance requires 10 feet.

73 Hamburg Township Zoning Board of Appeals Regular Meeting March 11, Pacheco stated the Board can discuss the case, and he can re-notify for the next meeting. He stated there would also be a condition that would require a drainage plan for lot coverage. Eckman stated it may be best to re-notice and make decision at next meeting. Motion by Eckman, supported by Wiggle, to table Case # ZBA for Robert and Joanne Feetham, 3564 Rush Lake Rd., Pinckney, MI 48169, and directed the Zoning Administrator to arrange for proper notification of requested variance, based on plans dated February 27, Voice Vote: Ayes: 5 MOTION CARRIED B. ZBA Agent: Dangerous Architects, Owner Kathleen and Thomas Mular, Tyler, Belleville, MI, Location: 4222 Shoreview Lane, Parcel ID: , Request: Variance applications to allow a remodel and addition of an existing home. The addition will add 2,696 square feet of space to the existing 1,318 square foot main home. The addition will be 3 feet 8 inches from the south property line where 10 feet is required by the code and 18 feet 10 inches from the west property line where 25 feet is required by the code (Section 7.6.1). An expansion of an existing non-conforming structure that encroaches into the required setback requires approval of a variance by the Zoning Board of Appeals and the improvements will amount to more than fifty (50) percent of the market value of the existing non-conforming building and therefor Zoning Board of Appeals approval is required (Section ). Applicant has requested to continue this project to a future hearing date. Motion by Eckman, supported by Watson, to table Case # ZBA for Kathleen and Thomas Mular, 4222 Shoreview Lane, Parcel ID at the request of the applicant, until the next meeting scheduled for May 13, Voice Vote: Ayes: 5 MOTION CARRIED 8. Approval Regular Minutes and the Memorialization of Findings Motion by Neilson, supported by Wiggle, to approve the minutes from March 11, 2015 along with the Memorialization of Findings as presented. Voice Vote: Ayes: 5 MOTION CARRIED 9. New Business Motion by Neilson, supported by Watson, to nominate Tim Wiggle to serve as Chair for the ZBA. Voice Vote: Ayes: 5 MOTION CARRIED 10. Old Business There was no Old Business presented.

74 Hamburg Township Zoning Board of Appeals Regular Meeting March 11, Adjournment Motion by Watson, supported by Eckman, to adjourn the meeting. Voice Vote: Ayes: 5 MOTION CARRIED The meeting was adjourned at 7:15 p.m. Debra A. Henneman Recording Secretary The minutes and the memorialization of the findings were approved as presented/corrected on: Commissioner s Signature

75 From: To: Subject: Date: Scott Pacheco Brenda Richardson; Deby Henneman; Gerald Stefansky; Jim Neilson; Joyce Priebe; Ken Watson; Paul Bohn; Tim Wiggle FW: Zoning Variance Thursday, May 07, :07:24 PM See below on item 7E 2946 Indian Trail. This is from the applicant. Thank you, Scott Pacheco -----Original Message----- From: Lennie Morgan Sent: Tuesday, May 05, :40 PM To: Scott Pacheco Cc: Melissa tofilski Subject: Zoning Variance Scott, Per your request here are the responses to your question 18's. Zoning Variance 18. a. Though the lot line does not demonstrate it, we have a tremendous green area that we maintain, and the garage, would sit over 50 feet off the pavement. Because of the placement of the home on the lot, we can not have the garage more than 6 feet from the house, and we will actually be tearing down a portion of the small shed attached to the back of the home to make room for the garage. We're going with a 20X24 in an attempt to go with the smallest 2 car garage possible in order to minimize our zoning variances. 18. b. Unfortunately the road set back is almost completely on our side of the road. It extends 52+ feet into our yard, and makes building a garage, an extremely difficult and unusual situation. We've recently purchased this home as our retirement home and, need to erect a garage to allow us to keep our vehicles inside, and to alleviate the eyesore to our neighbors, who have to view trailers, tubes, kayak, rakes, shovels, and lawnmowers all in the open yard on the back of our home. Additionally the weather is wreaking havoc on our items, and we'll be forced to buy a portable storage tent or cover them with tarps. Additionally the actual foundation of the garage, will not extend past the current foot print of the existing house, thus not intruding any closer to my neighbors to the west, or the easement to the east. 18. c. The granting of this variance will not be materially detrimental as it will allow us to remove the many items stored outside in the open to inside the garage, thus improving the overall appearance of the entire neighborhood. The quality of construction and design, will be both visually and ascetically pleasing. 18. d. The granting of the variance will not adversely affect the purpose or objectives of the master plan. On the contrary, it will fit very well with them as it is both beautifying the township, as well as transitioning it from purely cottage or summer residences to our retirement resident and yet still keeping with the look and feel of the neighboring homes. 18.e. The situation is not of so general or recurrent a nature. It's actually very unique. The lot will still maintain, 52+ from the pavement of the road, and will not intrude onto the setback, even though it appears on a map to be on top of the street. There is an easement to our east that grants our neighbor additional space to be removed from having the structure impede their enjoyment of their property. We spaced it 9.9 feet from the lot to the west, and it does not extend past the foundation of the current home, in attempt to do our very best to keep from impeding on their enjoyment of their property as well. We've also asked our builder to remove several feet of our current shed, in an attempt, to do every thing possible to comply with the township zoning, and we hope you can see the

76 extraordinary measures we've done to comply, but our lot forces us to request variances. 18. f. Granting this variance will not permit the establishment any use which is not permitted. We'll be building a small two car garage, to allow us to store our items inside out of the weather, and remove the eyesore of outside storage for our neighbors enjoyment, which is necessitated by the current lack of a garage. 18. g. The requested Variance is the minimum necessary to permit reasonable use of the land. In it's current configuration the proposed Garage is the smallest two car we can build to offer reasonable egress, with cars and other lake home items. We pushed it the following: 1. From the north foundation line of the house it will be 6+feet except where the current shed is attached. 2. From the West it's nearly 10 feet, and since technically it is a "detached" structure, though the lot doesn't allow us the necessary distant from the house, five feet could be prescribed. 3. We have an easement to the east, which grants us additional green space to keep if from impeding our neighbors use of their property. and 4. The structure will be over 50 from the pavement of the road which is greater distant that several of the houses on the street have current garages in place, that appear to be actually in the setback. Sent from my ipad Regards: Lennie Morgan Licensed Insurance Counselor CPG USA 1126 S. Main Street Plymouth, MI Cell (248)

77 Placemaking Strategy Development Workshops: From Planning to action! Placemaking as an economic development tool is a concept that is sweeping Michigan. Don t be left behind. Be in the know! There will not likely be a more affordable (free) opportunity to ready your community for targeted growth. The MIplace Partnership Initiative is a statewide initiative that has Michigan at the forefront of a national movement known as placemaking. It s a simple concept. Communities that offer a high quality of life and amenities that are important to talented workers can be very competitive in the global economy. Communities that don t have these features and do not enjoy these economic benefits can create them through a process called placemaking. Placemaking Strategy Development workshops are designed to move your community through training and to action. Help your community by enrolling today! MSU is an affirmative-action, equal opportunity employer. Michigan State University programs and materials are open to all without regard to race, color, national origin, gender, gender identity, religion, age, weight, disability, political beliefs, sexual orientation, marital status, family status, or veteran status. Land Policy Institute Photos courtesy of the Michigan Municipal League (left and right) and Brad Neumann (center).

78 There are two workshop options available to choose from: Option 1 (text below in dark blue): Overview This workshop is three (3) hours long and provides training from Modules 1 3 of the MIplace Placemaking Curriculum. It is offered in six locations. Module 1: People Places and Placemaking Module 2: Economics of Placemaking Module 3: Neighborhoods, Streets and Connections Option 2 (text below in teal): Overview + Placemaking Strategy Development This workshop has two parts and runs six (6) hours. The first part provides training from Modules 1 3 of the MIplace Placemaking Curriculum. In the second part, facilitators assist the registrants from your community in developing a draft placemaking strategy. It is offered in 26 locatiions. This workshop is for city councils and township boards; local, county and regional planning commissioners and staff; local economic development staff and other interested stakeholders. Communities will need multiple participants attending to maximize synergy and benefit for the community. The Michigan Citizen Planner Program is offering one (1) CEU (continuing education units)/one (1) hour of instruction for Master Citizen Planners (MCP). Those who attend Option 1 can receive up to three (3) CEUs for their participation. Those who attend both parts of Option 2 can receive up to six (6) CEUs, which is the required amount of CEUs for one year to maintain the MCP credential Locations and Dates (alpha by location) Caro April 9 1:30 8:30pm Clinton Township May 7 1:30 8:30pm Detroit April 1 6:00 9:00pm Escanaba May 29 9:00am 3:00pm Frankfort May 5 9:00am 4:30pm Grand Rapids May 13 6:00 9:00pm Grayling March 25 8:30am 3:30pm Hancock May 28 1:30 8:30pm Hart April 30 1:30 8:30pm Hillsdale April 16 1:30 8:30pm Howell May 20 1:30 8:30pm Iron Mountain May 26 1:30 8:30pm CST Ishpeming May 27 1:30 8:30pm Kalamazoo May 14 6:00 9:00pm Lansing April 21 6:00 9:00pm Lapeer April 21 1:30 8:30pm Lawrence April 16 2:30 8:30pm Manistee April 17 9:00am 4:00pm Marshall May 6 1:30 8:30pm Mason April 15 1:30 8:30pm Mt. Pleasant April 14 1:30 8:30pm Muskegon April 29 1:30 8:30pm Pontiac May 18 1:30 8:30pm Reed City April 23 9:00am 4:00pm Rogers City April 20 1:30 8:30pm Saginaw May 12 6:00 9:00pm Sault Ste. Marie March 23 1:30 8:30pm St. Johns May 20 1:30 8:30pm Standish April 13 1:30 8:30pm Taylor May 27 1:30 8:30pm While RSVP s are required for this event, the workshops are free of charge. Please RSVP at least 10 days prior to each workshop. REGISTER ONLINE Click above to view a complete list of placemaking training workshops or register online at For general information, including questions about accomodations for persons with disabilities and those without internet access, contact Holly Madill at madill@landpolicy.msu.edu or call (517)