OSHTEMO CHARTER TOWNSHIP

ZONING BOARD OF APPEALS

March 22, 2005

Agenda

COTTRELL - ACCESSORY BUILDING REVIEW - 2192 NORTH 6TH STREET - (PARCEL NO. 3905-10-305-016)

DACOBA - DEPTH-TO-WIDTH VARIANCE - 10387 WEST L AVENUE - (PARCEL NO. 3905-30-205-021)

A regular meeting was conducted by the Oshtemo Charter Township Zoning Board of Appeals on Tuesday, March 22, 2005, commencing at approximately 3:00 p.m. at the Oshtemo Charter Township Hall.

MEMBERS PRESENT: Millard Loy, Chairman
Dave Bushouse
Grace Borgfjord
Duane McClung

MEMBER ABSENT: James Turcott

Also present were Mary Lynn Bugge, Township Planner; James W. Porter, Township Attorney; and approximately six other interested persons.

CALL TO ORDER

The meeting was called to order at 3:00 p.m.

MINUTES

The Chairman said the first item on the Agenda was to approve the minutes of February 15, 2005. Mr. Bushouse made a motion to approve the February 15, 2005 minutes as submitted. The motion was seconded by Ms. Borgfjord. The Chairman called for a vote on the motion, and the motion passed unanimously.

COTTRELL - ACCESSORY BUILDING REVIEW - 2192 NORTH 6TH STREET - (PARCEL NO. 3905-10-305-016)

The Chairman stated that the next item on the Agenda was consideration of the site plan review of a proposed accessory building with a floor area larger than the ground area of the dwelling. He said the subject property is located at 2192 North 6th Street, Parcel No 3905-10-305-016. The Chairman called for a report from the Planning Department. Ms. Bugge submitted her report dated March 22, 2005, to the Zoning Board of Appeals and the same is incorporated herein by reference.

Ms. Bugge explained to the Zoning Board of Appeals that the proposed building is 2,520 square feet, which exceeds the ground floor area of the existing dwelling, which is 2,028 square feet. She noted that Section 78.800 requires site plan review and approval by the Zoning Board of Appeals prior to permitting the construction of an accessory building, when the area of a proposed accessory building exceeds the ground floor area of the dwelling.

Ms. Bugge told the Board that the property is 13.3 acres in size, heavily wooded and located on the east side of 6th Street, between West Main and H Avenue.

Ms. Bugge then took the Board through the provisions of Section 78.820.

The Chairman asked if there were any questions of Ms. Bugge. Mr. Bushouse asked if the proposed building was 2,520 square feet. Ms. Bugge indicated that it was.

The Chairman asked to hear from the applicant. Mr. Richard Cottrell introduced himself to the Board. The Chairman asked Mr. Cottrell whether there was going to be a drive to the new accessory building. Mr. Cottrell said there would be a dirt drive, but only designed for tractors and automobiles. Mr. Cottrell told the Board that the proposed building would not be visible from the road.

Ms. Borgfjord asked if Mr. Cottrell was going to install electricity in the accessory building. Mr. Cottrell said he would that some day, but he was not immediately planning on it.

Mr. Bushouse asked what type of storage he would be using the building for. Mr. Cottrell said he would be storing personal items and would be developing a wood workshop for his own personal use. He said he had no intention of running a business out of the proposed accessory building.

Mr. Bushouse explained to Mr. Cottrell the problems that they had in the past with people starting up businesses in large accessory structures, and that is why the Board of Appeals had a review process for approving such large structures. Mr. Cottrell said that he liked to hunt, fish and work with wood, and he did not intend to sell anything or run any kind of business operation out the accessory building.

The Chairman asked what type of roof construction would be on the building. Mr. Cottrell said the roof would consist of insulated steel.

The Chairman asked if there were any comments from the audience. Hearing none, he closed the public portion of the meeting, and called for Board deliberations.

The Chairman said he did not see anything inappropriate with the proposed request, given that the building was going to be solely for Mr. Cottrell's personal use. Ms. Borgfjord said that the lot was extremely wooded and well hidden, and she did not think it would create a problem for any of the adjoining property owners.

Mr. McClung then made a motion to approve the accessory building for the reasons set forth in the Staff report of March 22, 2005. The motion was seconded by Ms. Borgfjord. The Chairman asked if there was any further discussion, and hearing none, called for a vote on the motion, and the motion passed unanimously.

DACOBA - DEPTH-TO-WIDTH VARIANCE - 10387 WEST L AVENUE - (PARCEL NO. 3905-30-205-021)

The Chairman indicated that the next item was a request for a variance from Section 66.201 to allow a land division resulting in a parcel with a depth of more than four times the average width. He said the subject property is located at 10387 West L Avenue, Parcel No. 3905-30-205-021. The Chairman called for a report from the Planning Department. Ms. Bugge submitted her report dated March 22, 2005, to the Board, and the same is incorporated herein by reference.

Ms. Bugge explained to the Board that the subject parcel was the result of a 1985 land division containing approximately 30 acres. She said the property had 495 feet of frontage and a depth of 2,637 feet. Ms. Bugge then noted that resulted in a 5.3-to-1 depth -to-width ratio exceeding the permitted 4-to-1 ratio.

Ms. Bugge said that the applicants want to divide the land into two parcels. Parcel B, with an area of 1.8 acres, would contain the existing home. The remaining vacant parcel, Parcel A, consisting of approximately 28 acres, having a frontage of 215 feet and a depth of 2,637 feet, would be platted in the near future.

Ms. Bugge then took the Board through the review standards for the granting of a nonuse variance.

The Chairman then asked if the Board members had any questions of Ms. Bugge. Hearing none, he asked to hear from the applicant.

Emilio Dacoba introduced himself and Craig Russell to the Board. The Chairman asked if the applicant would be subdividing the larger parcel that he was requesting to have divided. Mr. Dacoba said he planned to build a home on the five acres toward the rear of the property and develop the rest of it into a small subdivision.

Mr. Bushouse asked whether the rear property would be part of the proposed plat. Mr. Russell indicated that the rear property would be part of the proposed plat.

Ms. Borgfjord inquired as to whether there would be sufficient room to develop a road and divide the property. Ms. Bugge assured her that they would be able to develop a road and still have adequate room to develop lots, which meet Ordinance requirements.

The Chairman asked if there was any public comment, and hearing none, closed the public portion of the meeting and called for Board deliberations.

Ms. Borgfjord asked if the neighbors had been notified. Ms. Bugge assured that Board that all of the neighbors had , in fact, been notified.

The Chairman stated that there had been a number of variances granted in this area due to the pre-existing depth of the property in the area. He said he did not see a problem with the request, but called for comment from the other Board members.

Mr. McClung said he thought that the two adjacent parcels looked very similar, and he did not have a problem with granting the variance.

Mr. Bushouse said he wished that the applicant was closer to the existing water line for public services. Mr. Dacoba expressed some interest in having public water, and Mr. Bushouse suggested that he talk to the Township Sewer and Water Committee to see if there was any means of serving the property with public water.

The Chairman said he thought there was a consensus to grant the variance. The Board members concurred. The Chairman then asked for a motion. Mr. McClung made a motion to grant the variance for the reasons set forth in the Staff's report of March 22, 2005. Ms. Borgfjord seconded the motion, and the Chairman called for further discussion. Hearing none, he called for a vote on the motion. The motion passed unanimously.

Adjournment

The Chairman asked if there was any other business to come before the Board, and hearing none, the Chairman called for adjournment at approximately 3:20 p.m.

OSHTEMO CHARTER TOWNSHIP
ZONING BOARD OF APPEALS

By:
Millard Loy, Chairman

By:
Dave Bushouse

By:
Grace Borgfjord

By:
Duane McClung

Minutes Prepared:
March 28, 2005

Minutes Approved:
, 2005