Grayling Charter Township, Live, Work, Play, Where Nature Surrounds

Zoning Board Minutes

ZBA MINUTES

FEB. 20, 2006 ZBA MINUTES

GRAYLING TOWNSHIP ZONING BOARD OF APPEALS REGULAR MEETING & PUBLIC HEARING

FEBRUARY 20,2006

I. Meeting called to order at 7:00 p.m. by Chairperson Greene.

II. Roll Call:

Members present: Robson, Greene, Joyce & French

Members Absent: Jansen (excused)

Others Present: Bob & Kathy Johnstone, Dick & Judy Walle, Bill Holton, Ralph & Cari Oppermann, Terry Warrington, Robert Dixon, Kevin Garrity, Don C. Ginther & David Waltz.

Recording Secretary: Terry Wright.

III. Chair explains duties of the ZBA and the public hearing procedure to be followed. Four members were present. Chair explained that a quorum of three members is necessary to take action. With Four members present a tie vote would be defeated. Variances are granted to the property, not to the owner. Petitioner may request a full board and the case will be tabled until a full board is present. Appeals of zoning decisions are made in circuit court. The process to start an appeal takes 60-90 days. All board members have had special training. Speakers will be limited to 5 minutes. Ron Joyce will be time keeper. Please state your name before speaking. Parliamentary procedures will prevail.

Section 23.04.C.1 read into record.

C.Variance. The Zoning Board of Appeals shall have the power to authorize, upon an appeal, specific variances from such requirements as lot area and width regulations, building height and bulk regulations, yard and depth regulations, and off-street parking and loading space requirements, PROVIDED ALL of the BASIC conditions listed below and any ONE (1) of the SPECIAL conditions listed thereafter can be satisfied.

1.Basic Conditions: Any variance granted from this Ordinance:

a. Will not be contrary to the public interest or to the intent and purpose of this Ordinance.

b. Will not cause a substantial adverse effect upon property values in the immediate vicinity, in the district in which the property of the applicant is located or in similar districts throughout the Township.

c. Is not one where the specific conditions relating to the property are so general or recurrent in nature as to make the formulation of a general regulation for such conditions reasonably practical.

d. Will relate only to property that is under control of the applicant.

23.04.C2 read into record.

2.Special Conditions: When ALL of the foregoing basic conditions can be satisfied, a variance may be granted when any ONE (1) of the following special conditions can be clearly demonstrated:

a. Where there are practical difficulties or unnecessary hardships, which prevent carrying out the strict letter of this ordinance. These hardships or difficulties shall not be deemed economic, but shall be evaluated in terms the particular parcel of land.

b. Where there are exceptional or extraordinary circumstances or physical conditions such as narrowness, shallowness, shape, or topography of the property involved, or to the intended use of the property, that do not generally apply to other property or uses in the same Zoning District. Such circumstances or conditions shall not have resulted from any act of the applicant after the adoption of this Ordinance.

c. Where such variation is necessary for the preservation of a substantial property right possessed by other properties in the same zoning district.IV.

Motion by Joyce support by French to defer minutes until after item eight. Four ayes, one absent. Motion carried.

21.01 Administrative Standards read into record (A – O)

Article 21.01 - Administrative Standards For the purpose of administering this Ordinance, the Zoning Administrator, the Planning Commission, the Zoning Board of Appeals, the Township Board and any other reviewing body or official shall consider each case as an individual case. Consideration shall be given to the location, size and character of a use to determine if the use will be in harmony with the intent and appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts. Consideration shall be given to the following:

A. Intent of the Zoning District.

B. Current use of adjacent lands and neighborhood.

C. Physical appearance of existing or proposed structures (location, height, bulk of buildings as well as construction materials).

D. The suitability of the proposed landscaping in providing ground cover, screening and decoration on the site.

E. The nature and intensity of operations involved in or conducted in connection with the proposed use.

F. The type of use, the physical and economic relationship of one type of use to another.

G. Assembly of persons or employees, which may be hazardous to the neighborhood or incongruous or conflict with normal traffic in the vicinity.

H. Vehicular and pedestrian traffic volumes and patterns, particularly of children, as well as vehicular turning movements in relation to traffic flows, intersections and site distances.

I. The physical characteristics of the site such as area, drainage, topography, open space, landscaping and access to minor and/or major streets.

J. Demands upon public services such as electricity, police and fire protection, schools and refuse disposal, or the need for public services the Township may not provide.

K. The type and amount of litter, waste, noise, dust, traffic, fumes, glare and vibration which may be generated by such use.

L. Area requirements for the proposed use and potential for the use or its area requirements to expand.

M. Other factors necessary to maintain property values in the neighborhood and guarantee safety, light, air and privacy to the principal permitted uses in the district.

N. Compliance with the Master Plan.

O. If any property within the Deferred Development District (DD) having a required native protection strip is petitioned for rezoning, there must as a condition of such rezoning, be required a native protection strip as described in Section 12.04.

V. Case #05-015 Tabled from 12-19-05

Carroll & Darlene Knight

Prop. ID# 040-42-015-13-400-00

Case has been dropped.

VI. Case #06-02 Robert & Janet Zalobsky

915 Harlequin Ct Highland, MI 48357

Location 265 Black Bear Dr Graylling, MI 49738

T26, R2W, Sec. 7

Prop. ID# 040-45-900-00-014-00

Lot Size Approximately 100 X 430 (43,000 sq.ft.) with 102-feet of river frontage Zoning Natural River District (NRD)

Request To construct a one and one-half story home in the Natural River District

20-feet from the east property line, a (1st) variance of 20-feet, and 20-feet from the west property line, a (2nd) variance of 20-feet. All construction is to be 200-feet or more from the AuSable River.

Chair asks the township attorney (Monte Burmeister) to explain why the case is being heard again. Attorney explains the judge sent case back for further explanations of decision. Official recorded transcript is being made by Mrs. Dalene Corlew. Judge asked for more information to make a determination.

Chair reads petitioners request as published: To construct a one and one-half story home in the Natural River District 20-feet from the east property line, a (1st) variance of 20-feet, and 20-feet from the west property line, a (2nd) variance of 20-feet. All construction is to be 200-feet or more from the AuSable River.

Thendara Subdivision was dedicated on November 29, 1945, making the lot in question a non-conforming lot, due to lot size, by todays zoning requirements.

Motion by Robson support by French that all basic conditions of 23.04.C.1 have been met. Four ayes, one absent. Motion carried. Variance. The Zoning Board of Appeals shall have the power to authorize, upon an appeal, specific variances from such requirements as lot area and width regulations, building height and bulk regulations, yard and depth regulations, and off-street parking and loading space requirements, PROVIDED ALL of the BASIC conditions listed below and any ONE (1) of the SPECIAL conditions listed thereafter can be satisfied.

1. Basic Conditions: Any variance granted from this Ordinance:

a.Will not be contrary to the public interest or to the intent and purpose of this Ordinance.

b.Will not cause a substantial adverse effect upon property values in the immediate vicinity, in the district in which the property of the applicant is located or in similar districts throughout the Township.

c.Is not one where the specific conditions relating to the property are so general or recurrent in nature as to make the formulation of a general regulation for such conditions reasonably practical.

d.Will relate only to property that is under control of the applicant.

The Zalobsky’s attorney (Ronald Witthoff) explains case. Lot 14 of Thendara subdivision in the Natural River District. His clients want to construct a retirement home 225-feet from the river, 1,382 sq.ft. first floor- one and one-half story. The Zalobsky’s have obtained building permits. The lot is 98-feet at building site.

16.05 B Lots or property of record that are non-conforming at the time of the effective date of these regulations because of lack of size to accommodate building setbacks from the water’s edge shall be allowed to be built upon and variances shall be allowed for required setbacks upon such reasonable terms as set forth by the Zoning Board of Appeals, provided that structures be placed to best meet the objectives of the Natural Rivers Act.

16.02– OBJECTIVES

A. To maintain water quality consistent with the designated classification of the river and adhere to the concept of non-degradation of water quality.

B. To prohibit development or activity which may damage the ecological, aesthetic or historic values of the river and adjacent lands.

C. To ensure that any development which may occur shall be done in an orderly manner consistent with the natural environment and aesthetic qualities of the stream.

D. To ensure that recreational uses, which occur, be done in an orderly manner consistent with the natural environment and aesthetic qualities of the stream, and that a quality recreation experience is maintained. The Zalobsky’s proposal does not adversely effect these objectives. Variances should be considered if objectives are satisfied.

Current Natural River requires 200-foot wide lots. 40% of lot is setbacks, Zalobsky’s 100-foot lot is exact ratio of use with 20-foot setbacks.

Mrs. Zolobsky sent out correspondence only two returned with no objections, one from lot 15 and one from lot 34. Copies attached.

23.04.C.2 Special Conditions: When ALL of the foregoing basic conditions can be satisfied, a variance may be granted when any ONE (1) of the following special conditions can be clearly demonstrated:

a.Where there are practical difficulties or unnecessary hardships, which prevent carrying out the strict letter of this ordinance. These hardships or difficulties shall not be deemed economic, but shall be evaluated in terms of the use of the particular parcel of land. Practical difficulty is narrow lot.

b.Where there are exceptional or extraordinary circumstances or physical conditions such as narrowness, shallowness, shape, or topography of the property involved, or to the intended use of the property, that do not generally apply to other property or uses in the same Zoning District. Such circumstances or conditions shall not have resulted from any act of the applicant after the adoption of this Ordinance.

Exceptional circumstances – Narrowness.

c.Where such variation is necessary for the preservation of a substantial property right possessed by other properties in the same zoning district.

Variance is only what others have done.

Letter by Walle’s objecting to proposal contains misinformation.

(1) Not 7,000 sq.ft.

(2) DNR only objected to B&B – Not a B&B.

(3) No evidence of 230 UARPS oppose.

Motion by Joyce support by Robson (failed to ask earlier) that standards for Sec. 21.01 have been stated for the record. Four ayes, one absent. Motion carried.

No conflicts by ZBA members.

Speakers in favor – None

Correspondence in favor- Letter from Curt Jansen (ZBA member) read into record. Two correspondence to Mrs. Zalobsky. Copies attached.

Speakers against – Richard Walle – owner of lot west of Zalobsky.

Objects to documents after 01-17-06 being used.

Object being treated as new case when litigation is still pending. Too large a house on too small a lot. Clear cut 80 X 200 from road. Variance is 50% from 40-feet.

Erosion & storm water runoff requirements have not been submitted – you do not have enough information to make an intelligent decision.

Terry Warrington – Natural River District written to maintain river in natural state. If title to lot was before NRD – OK. If not they are ignoring rules of NRD.

Judy Walle – Read correspondence?

Kevin Garrity – Can build a 1,000 sq.ft. house without a variance.

Bill Holton – We built according to lot with no variance.

Chair reads correspondence – Several. Copies attached.

Zalobsky’s attorney, Ronald Witthoff comments about size of house being distributed by Mr. Walle. It is not the house being built.

8:01 p.m.

Chair closes public hearing.

Board questions petitioners.

Robson –B&B request has been dropped? Greene, yes it is totally out.

Joyce - Lot platted in 1945 – is a non-conforming lot. Creates a problem in building a house 57-feet wide in front. I wouldn’t have a problem with a 10-foot variance. With minor changes to plan you could keep the same square footage.

French – No questions.

Chair asks for motion.

Motion by Robson support by French to grant variance as requested.

Discussion – Robson- it’s consistent & ratios are same.

Roll call vote: Robson, aye; Greene, aye; Joyce, no; French, aye; Jansen, absent.

Robson – 23.04.C.2. A & B C. Variance. The Zoning Board of Appeals shall have the power to authorize, upon an appeal, specific variances from such requirements as lot area and width regulations, building height and bulk regulations, yard and depth regulations, and off-street parking and loading space requirements, PROVIDED ALL of the BASIC conditions listed below and any ONE (1) of the SPECIAL conditions listed thereafter can be satisfied.

2. Special Conditions: When ALL of the foregoing basic conditions can be satisfied, a variance may be granted when any ONE (1) of the following special conditions can be clearly demonstrated:

Greene – 16.05 B Lots or property of record that are non-conforming at the time of the effective date of these regulations because of lack of size to accommodate building setbacks from the water’s edge shall be allowed to be built upon and variances shall be allowed for required setbacks upon such reasonable terms as set forth by the Zoning Board of Appeals, provided that structures be placed to best meet the objectives of the Natural Rivers Act.

Reasonable setbacks; 57-foot house not unreasonable; no front or rear setbacks.

23.04.2. B -Special Conditions: When ALL of the foregoing basic conditions can be satisfied, a variance may be granted when any ONE (1) of the following special conditions can be clearly demonstrated: b.Where there are exceptional or extraordinary circumstances or physical conditions such as narrowness, shallowness, shape, or topography of the property involved, or to the intended use of the property, that do not generally apply to other property or uses in the same Zoning District. Such circumstances or conditions shall not have resulted from any act of the applicant after the adoption of this Ordinance. Exceptional Circumstances.

French – I listened to concerns no B&B, house is smaller (narrower).

23.04.C. 2. A & B

Variance. The Zoning Board of Appeals shall have the power to authorize, upon an appeal, specific variances from such requirements as lot area and width regulations, building height and bulk regulations, yard and depth regulations, and off-street parking and loading space requirements, PROVIDED ALL of the BASIC conditions listed below and any ONE (1) of the SPECIAL conditions listed thereafter can be satisfied.

Special Conditions: When ALL of the foregoing basic conditions can be satisfied, a variance may be granted when any ONE (1) of the following special conditions can be clearly demonstrated:

Joyce – 23.04.C.2 Variance. The Zoning Board of Appeals shall have the power to authorize, upon an appeal, specific variances from such requirements as lot area and width regulations, building height and bulk regulations, yard and depth regulations, and off-street parking and loading space requirements, PROVIDED ALL of the BASIC conditions listed below and any ONE (1) of the SPECIAL conditions listed thereafter can be satisfied.

2. Special Conditions: When ALL of the foregoing basic conditions can be satisfied, a variance may be granted when any ONE (1) of the following special conditions can be clearly demonstrated:

Do not believe these conditions apply in this case. Plan could be varied to keep square footage.In the past we have asked that plans be altered. It would not be exceptional in this case. We have responsibility to take neighbors feelings into account. My problem is the amount of variance.

8:25 p.m. - Chair calls 5 minute recess.

8:30 p.m. - Chair calls meeting to order.

Motion by Robson support by Joyce 23.04.C.1 A-D have been met. C. Variance. The Zoning Board of Appeals shall have the power to authorize, upon an appeal, specific variances from such requirements as lot area and width regulations, building height and bulk regulations, yard and depth regulations, and off-street parking and loading space requirements, PROVIDED ALL of the BASIC conditions listed below and any ONE (1) of the SPECIAL conditions listed thereafter can be satisfied.

1. Basic Conditions: Any variance granted from this Ordinance:

e. Will not be contrary to the public interest or to the intent and purpose of this Ordinance.

f. Will not cause a substantial adverse effect upon property values in the immediate vicinity, in the district in which the property of the applicant is located or in similar districts throughout the Township.

g. Is not one where the specific conditions relating to the property are so general or recurrent in nature as to make the formulation of a general regulation for such conditions reasonably practical.

Four, ayes; one absent. Motion carried.

Motion by Joyce support by Robson 21.01 has been met. For the purpose of administering this Ordinance, the Zoning Administrator, the Planning Commission, the Zoning Board of Appeals, the Township Board and any other reviewing body or official shall consider each case as an individual case. Consideration shall be given to the location, size and character of a use to determine if the use will be in harmony with the intent and appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts. Consideration shall be given to the following:

A.Intent of the Zoning District.

B.Current use of adjacent lands and neighborhood.

C.Physical appearance of existing or proposed structures (location, height, bulk of buildings as well as construction materials).

D.The suitability of the proposed landscaping in providing ground cover, screening and decoration on the site.

E.The nature and intensity of operations involved in or conducted in connection with the proposed use.

F.The type of use, the physical and economic relationship of one type of use to another.

G.Assembly of persons or employees, which may be hazardous to the neighborhood or incongruous or conflict with normal traffic in the vicinity.

H. Vehicular and pedestrian traffic volumes and patterns, particularly of children, as well as vehicular turning movements in relation to traffic flows, intersections and site distances.

I. The physical characteristics of the site such as area, drainage, topography, open space, landscaping and access to minor and/or major streets.

J. Demands upon public services such as electricity, police and fire protection, schools and refuse disposal, or the need for public services the Township may not provide.

K. The type and amount of litter, waste, noise, dust, traffic, fumes, glare and vibration which may be generated by such use.

L. Area requirements for the proposed use and potential for the use or its area requirements to expand.

M. Other factors necessary to maintain property values in the neighborhood and guarantee safety, light, air and privacy to the principal permitted uses in the district.

N. Compliance with the Master Plan.

VII. - Case #06-04 Petitioner -

Ralph & Cari Oppermann 1478 S AuSable Trl Grayling, MI 49738

Location

S AuSable Trl Grayling, MI 49738 T26N,R4W, Section 2

Prop. ID# 040-45-590-00-004-00

Lot Size - Approximately 623 X 167 (120,441 to water’s edge)

Zoning - NRD-Natural River District

Request To construct a one and one-half story home with an attached garage in the Natural River District 30-feet from the south property line, requesting a 10-foot variance. All construction is to be 200-feet or more using Section 16.07A with 183-feet to the river’s edge with a 22-foot rise in the bank from the AuSable River. Mr. Oppermann explains request.

No speakers.

Correspondence- Letter from Curt Jansen (ZBA member) read into record. Copy attached.

8:39 p.m. - Chair closes public hearing.

No questions.

Motion by Robson support by Joyce to approve variance as requested.

Roll call vote: - Robson, yes; Greene, yes; Joyce, yes; French, yes; Jansen, absent.

Motion Carried.

Reasons:

Robson- 16.05.B Lots or property of record that are non-conforming at the time of the effective date of these regulations because of lack of size to accommodate building setbacks from the water’s edge shall be allowed to be built upon and variances shall be allowed for required setbacks upon such reasonable terms as set forth by the Zoning Board of Appeals, provided that structures be placed to best meet the objectives of the Natural Rivers Act.

23.04.C.2.B Special Conditions: When ALL of the foregoing basic conditions can be satisfied, a variance may be granted when any ONE (1) of the following special conditions can be clearly demonstrated:

B. Where there are exceptional or extraordinary circumstances or physical conditions such as narrowness, shallowness, shape, or topography of the property involved, or to the intended use of the property, that do not generally apply to other property or uses in the same Zoning District. Such circumstances or conditions shall not have resulted from any act of the applicant after the adoption of this Ordinance.

French – 23.04.B (2.B) Interpretation. The Zoning Board of Appeals shall have the power to hear and decide upon requests for interpretation of the provisions of this Ordinance and accompanying Zoning Map.

Special Conditions: When ALL of the foregoing basic conditions can be satisfied, a variance may be granted when any ONE (1) of the following special conditions can be clearly demonstrated:

Joyce – 23.04.2.B - Special Conditions: When ALL of the foregoing basic conditions can be satisfied, a variance may be granted when any ONE (1) of the following special conditions can be clearly demonstrated:

Greene - 16.05.B Lots or property of record that are non-conforming at the time of the effective date of these regulations because of lack of size to accommodate building setbacks from the water’s edge shall be allowed to be built upon and variances shall be allowed for required setbacks upon such reasonable terms as set forth by the Zoning Board of Appeals, provided that structures be placed to best meet the objectives of the Natural Rivers Act. 23.04.2(B) Where there are exceptional or extraordinary circumstances or physical conditions such as narrowness, shallowness, shape, or topography of the property involved, or to the intended use of the property, that do not generally apply to other property or uses in the same Zoning District. Such circumstances or conditions shall not have resulted from any act of the applicant after the adoption of this Ordinance.

23.04.1A-C Basic Conditions: Any variance granted from this Ordinance:

A.Will not be contrary to the public interest or to the intent and purpose of this Ordinance.

B.Will not cause a substantial adverse effect upon property values in the immediate vicinity, in the district in which the property of the applicant is located or in similar districts throughout the Township.

C.Is not one where the specific conditions relating to the property are so general or recurrent in nature as to make the formulation of a general regulation for such conditions reasonably practical.

D.Will relate only to property that is under control of the applicant. All have been met.

VIII. Motion by Robson support by Joyce to approve minutes from 01-16-06. Four ayes, one absent. Motion carried.

IX. Other matters. Robson – consider alternate board member? Planning Commission Board also.

Motion by Robson support by French to solicit alternate. Four ayes, one absent. Motion carried.

8:53 p. m. Adjourn.Adjourn

Worksheets attached.

Date

Chair

Secretary

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