VILLAGE OF WOLVERINE LAKE ZONING BOARD OF APPEALS MINUTES July 17, Ponder, Gannon, Moretto, Duff, Leybourn, Kelley, Minoletti

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1 MINUTES July 17, 2018 Chairperson: Craig Minoletti Members: Glen Ponder, Erin Leybourn Vice Chairperson: Mike Stawizky Planning Liaison Cathy Moretto Secretary: Dixie Gannon Council Liaison Mark Duff 1 ST alternate James Kelley CALL TO ORDER Minoletti call the meeting to order at 7:00 pm. PLEDGE TO FLAG Board Members Present: Board Members Absent: Others Present: Ponder, Gannon, Moretto, Duff, Leybourn, Kelley, Minoletti Stawizky Attorney Kimberlin, Building Inspector Brandt and 11 members of the public. MOTION by Duff, Seconded by Ponder, to file an absence and excuse Stawizky from tonight s meeting. CORRESPONDENCE There was no correspondence acknowledged. APPROVAL OF MINUTES MOTION by Duff, seconded by Minoletti, to approve the ZBA minutes of June 19, 2018, as presented. PRESENTATION OF CASES ZBA CASE # LOCATION OF PROPERTY: Rae Lee Baxter 2263 Ellington Wolverine Lake, MI BASIS FOR APPEAL: (a) Setback from property lines R1-B requires 25 ft. front setback and a 10 ft. side yard setback from property line. Applicant proposes a 22 ft. front and 8.5 ft. side yard setback to build a new front porch. MOTION by Duff, seconded by Minoletti, to open ZBA case #

2 PAGE 2 OF 5 Rae Lee Baxter, 2263 Ellington, was present and introduced herself. She stated the old cement porch was crumbling and they want to replace what was there with wood and railing. Applicant states the old porch was dangerous. Ponder wanted it noted that 2255 Ellington has an addition that exceeds what applicant is requesting. Minoletti clarified the applicant is requesting to replace with same size porch. Baxter agreed. CALL TO THE PUBLIC Minoletti opened to public, none present, closed to the public and opened to the Board. Discussion ensued. Chairperson Minoletti presented the Dimensional Variance Checklist members Agree and 0 members Disagree that Special or unique conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings in the same district. a. Preexisting condition members Agree and 0 members Disagree that A literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the same zoning terms; and that the variance is the minimum necessary. a. Use of existing structure setbacks members Agree and 0 members Disagree that The special conditions and circumstances do not result from the actions of the applicant They are not self-created. a. Preexisting condition members Agree and 0 members Disagree that The granting of the variance will be in harmony with the general purpose and intent of this ordinance. a. Preexising condition 5. 7 members Agree and 0 members Disagree that The variance will not be injurious to the neighborhood or otherwise detrimental to the general welfare. a. Neighborhood support members Agree and 0 members Disagree that The spirit of this ordinance shall be observed, public safety secured and substantial justice done. a. No public safety issue. MOTION Duff, seconded by Minoletti, to approve ZBA CASE #18-674, Grant proposed 22 ft. front and 8.5 ft. side yard setback to build a new front porch. Based on Dimensional Variance Checklist # 1, 2 &3.

3 PAGE 3 OF 5 Ayes: Ponder Leybourn, Gannon, Duff, Moretto, Kelley, Minoletti Nays: NONE Absent: Stawizky. ZBA CASE # LOCATION OF PROPERTY: David Hunt 1204 Lakeview Wolverine Lake, MI BASIS FOR APPEAL: (a) Setback from property lines, Village ordinance requires a 25 ft. front setback for R1-LF zoned properties. Applicant proposes a 18.5 ft. setback to build a new home. MOTION by Duff, seconded by Gannon, to open ZBA CASE # David Hunt, 1204 Lakeview, was present and introduced himself. He read a letter stating his family history in the Village and reason for the request to build a new home. He provided plans for the proposed house build and asked for 18.5 ft. front setback, which is a 6.5 ft variance from the 25 ft. requirement. The current house only has a 4.9 ft. setback. By building the new house with the 18.5 ft. setback, this will increase the front setback by 13.6 ft. He stated this is a substantial improvement on the current setback. He stated his neighbors are in support of his proposed plans and have sent letters or are in person tonight. Hunt provided homes with similar setback circumstances that have been approved by the ZBA, i.e., ZBA Case # Lakeview and ZBA Case # Lakeview. Robin Spielman, 1140 Lakeview, was present and supports the Hunts plans. Richard Franz Lakeview, was present and supports the Hunts plans. Chuck Clement, 1216 Lakeview, was present and supports the Hunts plans. William Birndorf 264 Angola, was present and supports the Hunts plans. Diane Braykovich, 1518 Lakeview, was present and supports the Hunts plans. Minoletti stated that 10 letters of support where submitted to the Village and are on file. Dimensional Variance Checklist members Agree and 0 members Disagree that Special or unique conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings in the same district. a. Existing location 2. 7 members Agree and 0 members Disagree that A literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other

4 PAGE 4 OF 5 properties in the same district under the same zoning terms; and that the variance is the minimum necessary. a. Existing location 3. 4 members Agree and 3 members Disagree that The special conditions and circumstances do not result from the actions of the applicant They are not self-created. a. Self-creative, New design of the house 4. 7 members Agree and 0 members Disagree that The granting of the variance will be in harmony with the general purpose and intent of this ordinance. a. Preexisting 5. 7 members Agree and 0 members Disagree that The variance will not be injurious to the neighborhood or otherwise detrimental to the general welfare members Agree and 0 members Disagree that The spirit of this ordinance shall be observed, public safety secured and substantial justice done. MOTION Duff, seconded by Gannon, to approve ZBA CASE #18-675, proposed a 18.5 ft. setback to build a new home. Based on Dimensional Variance Checklist # 1, 2, 5 & 6. Yayes: Ponder Leybourn, Gannon, Duff, Moretto, Kelley, Minoletti Nays: NONE Absent: Stawizky. NEW BUSINESS Minoletti stated he will not be able to attend the August 21, 2018 meeting. He asked what other Board members would not be able to attend the August ZBA meeting. Minoletti, Gannon, Duff and Leybourn will not be present. MOTION by Duff, seconded by Ponder, to cancel the August 21, 2018 meeting due to lack of quorum.. Dixie Gannon advised she is resigning from the ZBA. MOTION by Duff, seconded by Minoletti, to accept Gannon s resignation.. ATTENDEE/COUNCIL MEETING Duff provided an update and stated the revised Park Plan was approved. ADJOURNMENT MOTION by Duff, seconded by Minoletti, to adjourn the meeting at 8:50 PM.

5 PAGE 5 OF 5 NEXT SCHEDULED MEETING Regular Scheduled Meeting Tuesday, August 21, 2018 cancelled. Nathan Burd, Administrator Tammy Breece, Recording Secretary Craig Minoletti, Chairperson