Charleston Township Zoning Board of Appeals August 13, 2013

Transcription

1 Charleston Township Zoning Board of Appeals August 13, 2013 Call To Order: The meeting was called to order at 7:02 p.m. by the Chair Mr. Zomer who led those present in the pledge of allegiance to the flag. Roll Call of Officers: Roll was called and members present were: Mike Dennis, Norm Zomer, Don Balkema, Linda Locey (alternate) and Don Kramer. Adoption of Proposed Agenda: A printed agenda for the meeting was not available so Mr. Zomer verbally presented one which is listed below. Esther and Ken Thoroughman request for variance from road frontage require. Addition of Linda Locey from alternate to permanent member of the board. The Zoning Board of Appeal meet at least one a year and that the meeting be held some time in January. Election of Zoning Board of Appeals officers. Motion was made by Don Balkema second by Don Kramer to adopt the verbal agenda. All members present voted in the affirmative. CARRIED Mr. Zomer informed all present at the meeting of Craig Rolfe letter dated July 26, 2013 regarding his legal opinion of the request for the road frontage variance. No one on the board expressed any comments concerning the legal opinion. Mr. Zomer also stated the Rolfe letter to the ZBA was not covered by Attorney Client privilege. Mr. Zomer presented 3 options that came to mind prior to the formal hearing. Options to sue road commission Purchase small strip of land from neighbor. Variance to road frontage required. Mr. Zomer directed Mr. and Mrs. Thoroughman to begin their presentation as to why a variance should be granted.

2 Variance Presentation: Mr. Thoroughman presented what had transpired since Important point of presentation are listed below. Much work with Kalamazoo County Road Commission to resolve the problem but the statue of limitation has taken effect. The Road Commission paid fee for the request to Charleston Township for the ZBA hearing. The Road Commission also paid for the land survey. In summary Mr. Thoroughman requested a variance so that he could sell a 3 acre parcel at the end of his property, also to correct an error the felt that had been committed and return to property to it's original condition. The board informed the Thoroughman's that they could withdraw their variance request at any point prior to the vote of the ZBA and after the vote they could not re-apply for at least one year. Prior to the beginning of the presentation the members of the ZBA were polled as to whether they thought that the Thoroughman's in anyway caused to problem. All members were of the opinion that the applicant was not. Audience Input: Robert and Sandy and Jimmy Felch land adjoin the Thoroughman property. They were apposed because of Impact on hunting. They reside a 12,177 ML avenue Liz Marcelletti East ML avenue Against variance Does not want house to be erected on the subject land. Tim kendall 2,600 South 38th street Wants privacy, quite space. The small parcel tied up in his mortgage that prevents him from selling small parcel that would make problem go away. No further questions or comments from audience. There was on from a John and Cheryl Dubbeld East ML Avenue. They indicated that the variance would have no direct impact on them they were however apposed to the granting of the variance. A scanned copy of their letter is at the end of the minutes (Dubbeld attachment).

3 Variance Standards: 1. No variance from any provision or requirement of the Ordinance shall be approved by the Zoning Board of Appeals unless it finds all of the following from the evidence presented: a. There are practical difficulties in the way of carrying out the strict letter of the provision or requirement, by reason of the exceptional narrowness, shallowness, size of the specific property at issue, or by reason of exceptional topographic conditions or some other unusual or extraordinary condition related to the subject property, rather than being derived from the personal circumstances of the applicant/owner/occupants of the subject property. The board members were all of the opinion that for element 1 a. that the problem was created by the Kalamazoo county Road Commission. They changed the topography of his land. The vote for element 1 a. was as follows : Don Balkema yes, Mike Dennis yes, Don b. the variance will not affect any adjoining property or other property in such a manner as to be of substantial detriment of such property. The vote for element 1 b. was as follows : Don Balkema yes, Mike Dennis yes, Don c. The variance will allow the spirit of the ordinance provision or requirement to be observed, and public safety secured. The vote for element 1 c. was as follows : Don Balkema yes, Mike Dennis yes, Don d. The variance is necessary for substantial justice to be done, e.g. to ensure that the property may be used in a manner specified by the zoning classification and similar to other properties in the same zone. The vote for element 1 d. was as follows : Don Balkema yes, Mike Dennis yes, Don 2. Hardships based solely on economic condition are not grounds for approval of a variance. The board members were all of the opinion that for element 2. Purpose to correct wrong and potential profits were not Germaine.

4 The vote for element 2 was as follows : Don Balkema yes, Mike Dennis yes, Don 3. Hardships that were self-created (by the applicant, the owner or the property, or by a family member of the applicant or owner) are not grounds for approval of a variance. The vote for element 3 Hardships that were self-created by the applicant, the owner or the property. The vote for element 3 was as follows : Don Balkema no, Mike Dennis no, Don Kramer no, Linda Locey no, and Norm Zomer no. Finding that all the requirements of ordinance were met, the motion was made by Don Balkema and second Linda Locey to grant the Thoroughman's their requested variance. No further discussion was made prior to the members voting. The vote for this motion was as follows: Zomer abstain. The motion is carried Motion was made by Don Balkema and second by Don Kramer that a recommendation to the Township Board to change Linda Locey from a alternate to permanent member of the board. Motion was made by Don Balkema second by Don Kramer to keep same officers. Norm Zomer the chairman, Don Kramer the vice chairman and Mike Dennis the secretary. Motion was made by Don Balkema and second by Don Kramer to request a clarification from the Township Attorney for the meaning of "for economic conditions". Motion was made by Don Balkema second by Don Kramer to adjourn the meeting at 8:42 PM.

5 One attachment (scanned copy of Debbeld letter) Mike Dennis Zoning Board of Appeals Secretary

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