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

Zoning Board Minutes

June 20, 2005

June ZBA Minutes
GRAYLING TOWNSHIP ZONING BOARD OF APPEALS

Regular Meeting & Public Hearing

June 20, 2005

I. Meeting called to order 7:00 P.M. by chairperson Barbara Greene.

II. Roll Call: Members present: Greene, Joyce, French, Jansen & Robson

Members absent: None Recording Secretary: Diane Giska Others Present: Petitioners-Alton T. Davis & Sandra Shellfish; Petitioners Suzanne & Dan Smock;

Bradley Swanson(MDOT), Craig Delaney (MDOT), Dave & Kay Petrie, John L. Chad, Catherine Czyzewski & Jim Czyzewski.

III. No Additions or deletions to agenda.

IV. Minutes: Motion by Jansen; support by French to approve the minutes with corrections from May 16,2005. All Ayes. Motion carried.

V. PUBLIC HEARING Case #05-03 Chair explained the formation, powers and duties of the ZBA and the public hearing procedure to be followed. Full board was present. Chair explained that a quorum of three members is necessary to take action. A tie vote would be defeated. Variances are granted to the property, not to the owner. Appeals of zoning board decisions are made in circuit court. The process to start an appeal takes 60-90 days.

Motion by French; support by Jansen that Sec. 23.04 has been met. All Ayes. Motion carried

Motion by Jansen; support by Robson that Sec.21.01 Administrative Standards have been met. All Ayes. Motion carried.

Chair calls case #05-03. Chair reads request to construct an addition to an existing home to within (1) 12-feet of the rear property line requiring a variance of 28-feet, and (2) within 20-feet of side property line (side yard abuts a public street) requiring a variance of 15-feet.

Jansen: abstain, conflict close personal friends, expects to do work on the addition. Left hearing.

Motion by Robson; support by Joyce to allow request to abstain. 4 yes votes one abstain. Motion carried.

Alton Davis explains that the house had previously been used as a summer cottage and is just too small to live in.

Chair reads correspondence in favor (3 on file)

Speak in favor; None Chair reads coresspondence in opposition (1 on file)

Speak in opposition; None

Chair closes public hearing at 7:30 P.M. Joyce; no problem as long as it does not go into the front. Chair asks for any further comments, none.

Motion by Robson; support by French approve case #05-03 as presented.

Roll call vote: Robson, yes; Greene, yes; Joyce, yes; French, yes. Jansen, abstained. Motion carried.

Reasons:

Robson: 3.15 A4

Joyce: 3.15 A4

French: 3.15 A4

Greene: 23.04C 2B

Jansen: Abstained

Chair calls case #05-04

Chair reads request- request to place a 9’X9’ “Mudhen Espresso” vending facility on a non-conforming lot. This request requires a front setback variance of 67-feet and a rear setback variance of 17-feet.

Dan Smock explains that the lot is irregular and non conforming. The Mudhen is a free standing structure that requires no foundation,running water or septic. They feel it is aesthetically pleasing and an enhancement to the area.

Chair asks for speakers in favor.

Jim Czyzewski (owner Mudhen) Thought it would be a good idea and a better location.

Dave Petrie; Aesthetically pleasing fits in well.

Matt Smock; Likes the way it looks, not as congested traffic wise, easier access.

Chair reads correspondence in favor (2 on file also a petition with 118 signatures)

Speakers in opposition

Craig Delaney(MDOT) Concrete and building in right of way.

Brad Swanson(MDOT) Copy of survey given to board.

Questions and answer session follows between board members, MDOT and the Smock’s as to how many feet on the right of way, how survey was obtained, exit and entrance for car wash, possibility of moving the building.

Chair asks for any further comments.

Craig Delaney states that there is a tree missing from the street scape.

Public hearing closed 7:45 P.M.

Board discussion with petitioners.

Motion by Jansen: support by Robson to approve site plan as presented based on competent survey.

Board discussion.

Motion by Jansen ; to withdrawl motion; support by Robson.

Motion by Jansen; support by Robson to approve as presented based on a competent survey not site plan.

Roll call vote:

Robson; yes, Jansen; yes; Greene; no, Joyce; no, French; yes.

Reasons:

Jansen: 3.15 4A