Zoning Board of Appeals
March 3, 2017
Present: Doris Felton, Linda Fox, Jim Gurr, Gary Hutchens, Susan Moglovkin, Bonnie Robbins
Absent: Barb Lockrey
Call to Order
- Gurr called the meeting to order at 11:00 a.m.
Pledge of Allegiance
The Pledge of Allegiance was recited.
Call for Conflict
There is no conflict of interest by any board member for the variance request being presented.
Approval of Agenda
- Robbins requested adding Annual Meeting date under New Business to the agenda. D. Felton moved to approve agenda with the noted addition. B. Robbins seconded; all were in favor. Motion passed.
Approval of Minutes
The minutes of June 1, 2016 were reviewed. D. Felton moved to approve the minutes as written. G. Hutchens seconded; all were in favor. Motion passed.
Zoning Administrator Staff Report
Matter to Be Addressed
- Molby reported that Paul Falan requested a variance for lot 10 of Indian Woods Shores (7776 Green Street, Bellaire MI). He wants to replace his existing garage of 22’ x 26’ with a new garage that is 24’ x 36’. He is unable meet the 35’ front set back requirements and is requesting a dimensional variance. There were seven letters sent to area homeowners. One reply was received which was in support.
Presentation of Variance Request by Property Owner
The homeowner stated the current setback could be 12-13 feet. He is not certain due to the snow conditions. He stated he intends to build along the front slab of the existing garage and will not be extending any further towards the road. There is a septic drain field directly behind the current garage. The majority of the expansion will be to the east of the property. He stated he is unable to place a new garage anywhere else due to size limitations on the property as well as the septic system placement.
Ute Janego was present in support of the homeowner.
After discussion the board reviewed Section 3.06.01 of the Helena Township Zoning Ordinance and determined the following findings:
- That the requirement in question is unreasonably burdensome to the use of the property due to the placement of the septic field and the size limitations of the property to place a garage elsewhere. A practical difficulty exists. All ZBA members were in agreement with this finding.
- That granting the variance is just to both the applicant and to other property owners in the zoning district. All members were in agreement with this finding.
- That granting relief is consistent with the spirit of the ordinance. All members were in agreement with this finding. The Board is in support of homeowners improving their property.
- That granting relief is not harmful to the public health, safety, or welfare. All members were in agreement with this finding.
Move To Adopt
For reasons set forth in the findings of fact, B. Robbins moved that the Paul Falan application be approved and the variance granted with the condition that the south line of the footprint will control the expansion. The new garage is not to extend past this line. D. Felton seconded; all were in favor and the motion was passed.
There was no old business discussed.
Selection of Alternate ZBA Member
The Board welcomed Susan Moglovkin as an alternate member.
Selection of Annual Meeting Date
The Annual meeting date will be on April 20, 2017 at 7PM.
Submission of Meeting Minutes
- Gurr stated approved meeting minutes must be submitted in a timely manner and our meetings will be scheduled accordingly. He stated an appeal from a decision of a ZBA should be filed based upon which of the following deadlines comes first
- a) thirty days after the ZBA issues its decision in writing and is signed by the Chairperson, or signed by a member of the ZBA in the event there is no Chairperson
- b) twenty-one days after the ZBA approves the minutes of its decision
Robbins moved that the meeting be adjourned at 12:08 p.m. G. Hutchens seconded; all were in favor. The meeting was adjourned.
Respectfully Submitted By,
Linda Fox, Secretary