Regular Meeting

11/19/2014 Zoning Board of Appeals Meeting

Agenda (click to view or hide)

Minutes (click to view or hide)

Charter Township of Garfield

Zoning Board of Appeals Meeting

November 19, 2014

Rick Smith called the meeting to order at 7:00pm at the Township Hall, 3848 Veterans Dr, Traverse City, MI.

Board Members Present: Uithol, Featherstone, Yelencich, Rozicki, Smith

Staff Present: Sara Kopriva

1. Review and approval of the agenda and declaration of a Conflict of Interest

Uithol moved and Yelencich seconded to approve the agenda.

Yeas: Uithol, Yelencich, Rozycki, Featherstone, Smith

Nays: None

2. Minutes – January 15, 2014

Rozycki moved and Yelencich supported to approve the minutes of January 15, 2014.

Yeas: Rozycki, Yelencich, Uithol, Feathertone, Smith

Nays: None

3. Public Hearing

a. Case #2014-01 Paul Britten, Front Yard Setback Variance

The applicant is requesting a variance from the required 30 foot front yard setback to construct an addition with a deck to his existing single family

dwelling. The variance request is for a 19.83 foot variance, measured to the drip edge, for the addition and a 20.3 foot variance for the deck. The property is located at 4000 Incochee Crest Commons. Doug Mansfield of Mansfield Associates said that this home is situated on large lot and the home is located on the western edge of the lot because of topography.

The applicant has a large family and would like to add two bedrooms, a family room, two baths and a deck. A variance was granted in 1994 for

similar circumstances. Mansfield said this is not a man-made issue but the applicant is dealing with the topography. Kopriva said one written

comment was received in favor of the request and was included in the packet. Board members discussed the matter of excessive encroachment and excessive house size.

Smith opened the Public Hearing at 7:20pm.

Applicant Paul Britten spoke and said his piece of property is special because it is one of the highest elevations in the county and is full of steep

grades. Moving the addition back 15 feet would be problematic.

Builder Sean McCardel spoke and discussed moving the addition back 15 feet from an engineering perspective. Soils as well as the home would need to be reinforced.

Smith closed the Public Hearing at 7:26pm.

Board members discussed the variance and whether it was the least amount it could be.

Board members went through the Findings of Facts from Section 5.4 of the Zoning Ordinance for the variance.

a. After careful consideration of the facts and evidence as presented to the Garfield Township Zoning Board of Appeals, the board concluded that the Standard Has Been Met due to the unique circumstance of the topography of the lot because of the steep hill to the north of the house.

b. After careful consideration of the facts and evidence as presented to the Garfield Township Zoning Board of Appeals, the board concluded that the Standard Has Been Met and is not self created because any development on this lot would require a variance and the topography has not changed since the 1994 variance request.

c. After careful consideration of the facts and evidence as presented to the Garfield Township Zoning Board of Appeals, the board concluded that the Standard Has Been Met and is not contrary to the public interest due to the fact that the house is located off a private drive with limited traffic.

d. After careful consideration of the facts and evidence as presented to the Garfield Township Zoning Board of Appeals, the board concluded that the Standard Has Been Met as strict conformance of the restrictions governing setback would be unnecessarily burdensome because of the unique property problems and not granting the variance would require beyond practical construction for the area (out of the norm).

e. After careful consideration of the facts and evidence as presented to the Garfield Township Zoning Board of Appeals, the board concluded that this standard does not pertain to this situation.

f. After careful consideration of the facts and evidence as presented to the Garfield Township Zoning Board of Appeals, the board concluded that this standard does not pertain to this situation.

g. After careful consideration of the facts and evidence as presented to the Garfield Township Zoning Board of Appeals, the board concluded that the Standard Has Been Met due to the fact that the topography of the lot is unique.

h. After careful consideration of the facts and evidence as presented to the Garfield Township Zoning Board of Appeals, the board concluded that the Standard Has Been Met due to the

determination that this variance will only affect property under control by the applicant and was a legally created lot.

Featherstone moved and Rozicki seconded to GRANT the request for variance from Section 6.3.6 AND 6.15 Schedule of Regulations to allow for a front yard setback variance. As requested, based upon the fact that the general standards of the Ordinance for granting such requests have been met.

Yeas: Featherstone, Rozicki, Smith

Nays: Uithol, Yelencich

4. Other Business

Kopriva said that there will be a ZBA meeting next month on December 17^th.

5. Public Comment

None

6. Adjournment

Uithol moved to adjourn the meeting at 7:55pm.

___________________________

Kent Rozycki, Secretary

Zoning Board of Appeals

3848 Veterans Drive

Traverse City, MI 49684

Handouts:

Handout: Board Packet