OSHTEMO CHARTER TOWNSHIP

ZONING BOARD OF APPEALS MINUTES

July 12, 1999

______________________________________________________________________________

Agenda

OVERHEUL - VARIANCE FROM FRONT YARD SETBACK - 9003 HOBBIT CIRCLE

______________________________________________________________________________

A meeting was conducted by the Oshtemo Charter Township Zoning Board of Appeals on Monday, July 12, 1999, commencing at approximately 3:00 p.m. at the Oshtemo Charter Township Hall, pursuant to notice.

MEMBERS PRESENT:
Thomas Brodasky, Chairperson
David Bushouse
Sharon Kuntzman

MEMBERS ABSENT:
Millard Loy
William Saunders

Also present were Jodi Stefforia, Township Planning Director, Patricia R. Mason, Township Attorney; there were no other interested persons.

CALL TO ORDER

The Chairperson called the meeting to order at 3:02 p.m.

MINUTES

The Board considered the minutes of the meeting of June 21, 1999.

Ms. Kuntzman moved to approve the minutes as submitted, and Mr. Bushouse seconded the motion. The motion carried unanimously.

OVERHEUL - VARIANCE FROM FRONT YARD SETBACK - 9003 HOBBIT CIRCLE

The next item was an application for variance from Section 64.100 to allow a reduced front yard setback from 4th Street for a new residence on lot #470 of the Greystone Plat at 9003 Hobbit Circle. The report of the Planning and Zoning Department is incorporated herein by reference. Ms. Stefforia noted that the Greystone Plat had been given final plat approval by the Township Board on February 26, 1991. The plat was recorded in May of 1991. However, when a building permit was sought for lot #470 situated on the corner of Hobbit Circle and 4th Street, it became apparent that no building could be placed on the lot in compliance with both the setback from 4th Street and from Hobbit Circle.

It was noted that lot 010 appears similar in dimension to the subject property. Ms. Stefforia reported that there is a home currently built on 010, but she did not know whether it was in compliance with setback standards. The proposed home would comply with the setback from Hobbit but not from 4th Street.

There was discussion of the circumstances under which this lot was created. It was recognized that the plat was approved prior to the current procedure, which calls for review and recommendation by the Planning Commission. Mr. Bushouse also noted that the Township Engineer may have reviewed and approved the lot based upon belief that the right-of-way on 4th Street would be 33’ from the centerline to the property line rather than 50’, which is what was established on 4th Street.

There was discussion of the possibility of the Planning Commission adding to its work projects a discussion of relief for corner lots from setback requirements.

Mr. Bushouse felt that variance would not be out of character with the older homes in the area, which were approximately 100’ from the centerline of 4th Street.

After further discussion, Mr. Bushouse moved to approve the variance with the following reasoning:

(1) That conformance was unnecessarily burdensome in that a home could not be placed on the subject lot in conformance with both the setback from 4th Street and from Hobbit Circle.

(2) That substantial justice weighed in favor of granting the variance in that the subject lot had been created with Township Board approval and building area was eliminated by the required setbacks from the road right-of-way. It was recognized that some of the building area could have been eliminated with the difference in right-of-way between 33’ and 50’ from the centerline, which had been taken on 4th Street.

(3) That the hardship was not self-created in that the lot was created with Township Board approval.

(4) That the spirit and intent of the Ordinance was observed in that the building would meet the setback from Hobbit Circle.

Ms. Kuntzman seconded the motion, and the motion carried unanimously.

ADJOURNMENT

There being no further business to come before the Board, the meeting was adjourned at 3:35 p.m.

Minutes Prepared:
June 23, 1999

Minutes Approved: