CHARTER TOWNSHIP OF LOWELL ZONING BOARD OF APPEALS. August 29, 2007

Transcription

1 CHARTER TOWNSHIP OF LOWELL ZONING BOARD OF APPEALS Chairperson Tim Clements called the meeting of the Lowell Township Zoning Board of Appeals to order at 7:05 p.m. Other Zoning Board members in attendance were Roger Tomkins, Scott Edwards, William Thompson and Mary Mayhew. There were approximately fourteen members of the public present. Mr. Clements introduced the members of the Board and explained the hearing process to the public. Variance Request by Greg Smit Mr. Clements then opened the first zoning variance public hearing scheduled for the evening at 7:07 p.m. Ms. Mayhew read the Notice of the Application of Greg Smit for a variance from the Table of General Bulk Regulations of the Lowell Township Zoning Ordinance to allow a home to be built on 3.39 acres of property where four acres is required for property located at th Street, Lowell, Permanent Parcel No Mr. Smit presented his request by explaining the history of the property. The parcel had originally been split as four acres. In 1986 the parcel, then owned by Robert Huver, was reduced to its current 3.39 acres. Robert Huver gave fifty feet on the east edge of the parcel to his mother so her property would be in compliance with the side setback requirement at that time. The board members studied the aerial photo of the parcel provided by Mr. Smit. Discussion ensued about the property acreage and date of departure from four acres. Mr. Thompson remarked that requirements have changed over time from the strict 50 /50 side setbacks to a total of 100 side setbacks. Mr. Smit said this four acre parcel was retained by his uncle, Robert Huver, in a divorce. Another two acre lot in the same area had been created in 1982 when the zoning was A2. Mr. Thompson pointed out that the present ordinance dated to Dick Huver clarified that the two acre parcel had been split in Mr. Smit explained Robert Huver bequeathed the 3.39 acre parcel to Mr. Smit upon his death, which was in Mr. Smit has attempted to sell to adjacent landowners but no one has been interested.

2 Page 2 Mr. Clements asked if Mr. Smit has plans for the property. Mr. Smit replied it is for sale and his daughters may want it. Mr. Clements asked Mr. Thompson for comments. Mr. Thompson wants to clarify the confusion Mr. Smit has about the actual measurements of the property and whether the measurement is from the center of the road. Mr. Edwards asked if Mr. Smit knew it was non-complying. Mr. Smit felt the township personnel had given assurance when the fifty feet were split off that the remaining parcel would be okay to build on. Mr. Edwards was concerned that township personnel in the past had been remiss in allowing the parcel to be reduced to less than four acres. Mr. Edwards pointed out the Mr. Smit was not the person who reduced the parcel from four acres. Mr. Dick Huver said the fifty feet had to be attached to the adjacent farmhouse to be able to sell that. Mr. Thompson remarked that the farmhouse was on non-conforming property and with the addition of the fifty feet; it was brought into compliance before the sale. Mr. Clements opened the meeting to public comment at 7:37 p.m. Mr. Dick Huver said the original forty acres was wheeled off in The four acre parcel was created in Mr. Huver pointed out that in this six hundred forty acre section, fifty nine of sixty five parcels vary from current zoning. Mike Seilof said it was April 17, 1980 when the zoning changed property requirements for the parcel in question. Mr. Seilof questioned whether bad information was given by township officials. Mr. Seilof felt there is a strong case for a variance. All other public attendees were asked for comments and declined. At 7:39 p.m. Mr. Clements closed public comment and read the standards for a zoning variance. Board deliberations began. With respect to the first standard, as to whether strict compliance would unreasonably prevent the owner from using the property for a permitted use it was determined that it would. Mr. Clements said the lot was not large enough for farming and too small for building. The obvious choice would be to sell to a neighbor, which Mr. Smit had attempted but not been able to accomplish. Mr. Clements also pointed out that there were no neighbors present at the meeting.

3 Page 3 Mr. Edwards noted the two hundred feet of road frontage was present and that was a bigger issue. Mr. Clements noted that only one variance is allowed per parcel. Mr. Thompson said proper attempt had been made to conform. Discrepancy about township advice was noted. With respect to the second standard, as to whether granting of the variance requested or a lesser variance would do substantial justice to Applicant as well as other property owners in the district, it was determined it would. Mr. Thompson said there would be not change of character in the area. Mr. Edwards agreed this standard is met. Mr. Clements said there are no alternatives and many parcels in the area are noncompliant. With respect to the third standard, as to whether the plight of the landowner is due to unique circumstances of the property, it was determined it is. Mr. Clements said the history of the parcel makes it unique. Mr. Edwards remarked that the four acres should not have been reduced and the advice of township officials is in question, but all we have to relay on is hearsay. With respect to the fourth standard, as to whether the problem was self-created, it was determined that it was not. Mr. Thompson then moved this variance be granted to allow building of a house on the current 3.39 acre parcel as all four standards have been met. Motion seconded by Mr. Edwards. On the roll call vote: Mr. Clement Aye Mr.Tomkins Aye Mr. Edwards Aye Ms. Mayhew Aye Mr. Thompson Aye All in favor and the motion to grant the variance is passed. Mr. Smit is presented with a written decision that will allow building on the 3.39 acre parcel.

4 Page 4 Variance Request by Woods Builders Mr. Clements opened the second zoning variance public hearing scheduled for the evening at 8:05 p.m. Ms. Mayhew read the Notice of the Applicant Woods Builders for a variance from the Table of General Bulk Regulations of the Lowell Township Zoning Ordinance to allow for an 8.6 foot side yard setback where 50 feet is required for property located at Fulton Street, Lowell, Permanent Parcel No Mr. Clements asked presenter Robert Haywood to post the map of said property and the Board briefly studied the map. Mr. Haywood explained he had purchased the land from his grandparents. The existing structure had been partially demolished with a remodel in mind. Upon learning the structure would not meet township standards the existing structure was completely demolished. Mr. Haywood and Wood Builders applied for a variance. Mr. Clements clarified the reason for the variance and pointed out that all of the lots in the area are nonconforming. In addition, if the proposed house would be approximately forty six feet wide that would allow for forty one feet of side setback. It was clarified that Consumers Energy owns the property on the west side where the setback would be less than required. Public Comment was opened by Mr. Clements at 8:15 p.m. David Woods offered to answer any further questions the Board might have. Mr. Clements wanted to know why the west boundary was remaining the same. Mr. Woods explained the squeezing was necessary for the septic system. Mr. Woods intends to keep the basement high enough to avoid flooding problems. He also pointed out that two drain fields have been designated with one to be installed upon building and one spot for future expansion if necessary. Sid Haywood spoke on behalf of his son noting his pride in Robert s Marine service having spent two years in Iraq and one in Afghanistan. Mr. Clements questioned future expansion of the house, and reiterated that only one variance is allowed per property. He also asked about future out buildings. Mr. Thompson spoke to the forty feet of east side setback explaining the Board needed to be specific about the side setbacks due to the restrictions.

5 Page 5 Mr. Clements questioned why the east setback was not changing, instead of the west boundary line. Sid Haywood said he had received a variance for his adjoining ninety-three foot wide parcel to build a garage leaving only a fifteen feet side setback. The variance had been granted. Mike Seilof said the new building would have the same footprint and it should cause no problem, he also remarked that the new construction would be in closer compliance. Jody Ramsey commented that the variance would not change the use of said property. She pointed out that the tax base would be improved and hoped the variance would be granted. Marie Haywood commented that she wants to see them build, that it would improve the area. Mr. Clements closed the public comments at 8:30 p.m. Mr. Clements read the standards for a zoning variance. With respect to the first standard, as to whether strict compliance would unreasonably prevent the owner from using the property for a permitted use, it was determined that it would. Mr. Clements said it was an easy call. The existing parcel is only ninety feet wide where one hundred feet of side setback is now required and that strict compliance would render the property unusable. With respect to the second standard, as to whether granting of the variance requested or a lesser variance would do substantial justice to Applicant as well as other property owners in the district, it was determined that it would. With respect to the third standard, as to whether the plight of the landowner is due to unique circumstances of the property, it was determined that it is. The uniqueness is historic with the lots having been created in the 1950 s or before. With respect to the fourth standard, as to whether the problem was self-created, it was determined that it was not. This parcel was created before current zoning laws. Mr. Clements noted that all standards have been met, with no opposition, but he feels strongly that both side setbacks should be set to avoid future problems. Mr. Thompson proposes six feet side setback on the west side and twenty five feet on the east side.

6 Page 6 Mr. Tomkins moves to grant requested variance stipulating six feet of west side setback and twenty five feet of east side setback. Motion seconded by Mr. Thompson. On roll call vote: Mr. Thompson Aye Mr. Edwards Aye Mr. Clements Aye Ms. Mayhew Aye Mr. Tomkins Aye All in favor and the motion to grant the requested variance is passed. Woods Builders and Robert Haywood were presented the a written decision allowing new house construction on the designated parcel with a minimum of six feet west side setback and a minimum of twenty five feet east side setback. Other Business Mr. Clements asks for approval of the April 25, 2007 minutes. Mr. Thompson moves to approve the minutes as presented. The motion is seconded by Mr. Tomkins. The motion is unanimously approved. Mr. Clements again opens the meeting to the public. Mike Seilof made a few comments; he was the only one who spoke during this time. Public comment is closed by Mr. Clements. Next scheduled Board meeting will be Wednesday, October 24, 2007 at 7:00 p.m. at the Township Hall. Mr. Clements presents Ms. Mayhew with his secretarial notebook. Adjournment Mr. Edwards made motion to adjournment. Motion seconded by Mr. Thompson. All in favor and the motion carried unanimously. The public meeting of the Lowell Charter Township Zoning Board of Appeals ended at 9:40 p.m.