A
regular meeting of the Charter Township of Oxford Zoning Board of Appeals
Monday, April 10, 2006, at the Oxford Veterans Memorial Civic Center.
Members Present: Bellairs,
Members Absent: None.
Also Present: Zoning
Administrator Darling, Zoning Coordinator Walkaus, Recording Secretary
Harrison, CATV cameraman, and 3 visitors
The
meeting was called to order by Chairperson O’Connor at
RESPECTS
TO THE FLAG
NOTING
OF ROLL
APPROVAL
OF AGENDA
Dywasuk moved, Bellairs seconded to
approve the
Ayes: 7 Nays: 0 Absent: 0 Motion
Carried (7-0-0)
APPROVAL
OF MINUTES
Zoning Board of
Appeals Regular Meeting –
Dywasuk moved, Bellairs seconded to
approve the Zoning Board of Appeals Regular Meeting Minutes of
Ayes: 7 Nays: 0 Absent: 0 Motion
carried (7-0-0)
PUBLIC
COMMENTS ON ITEMS NOT ON THE AGENDA
No
public comments on items not on the Agenda were given.
REGULAR
BUSINESS
Election of
Officers
By unanimous consent:
Dywasuk moved, Roesner seconded to
nominate the existing Officers be re-elected (O’Connor – Chairperson, Myrick –
Vice-Chairman,
Ayes: 7 Nays: 0 Absent: 0 Motion
carried (7-0-0)
ZBA001.06, Martin Collier – Parcels # 04-28-303-008 (vacant) and
04-28-303-009 (vacant)
The subject property is located on the west side
of
ARTICLE XXII, SECTION 2207, FRONTAGE … dwelling
or principal building shall be located on a lot or parcel which fronts upon a
public road, or upon an approved private road which meets all requirements of
Section 2217 …
ARTICLE
XXII, SECTION 2217. PRIVATE ROADS, SECTION M. ROADWAYS NOT MEETING STANDARDS OF
ORDINANCE – … which private roadway does
not meet the standards … where extreme
hardship or practical difficulties make this unfeasible …
Martin
Collier, the applicant, stated that he and his wife are seeking to purchase
these two parcels to build a ranch style home.
He is seeking direction from the Board on how to proceed.
Open
Public Hearing
Larry Dudley, 520 Maloney, commented that
he is not opposed to Mr. Collier’s request but had a couple of
concerns/questions. The Notice states
“private driveway”, Mr. Dudley explained that the parcels are located on a lake
access and that the two homes on that access are the result of a Grandfather
clause. He also wants to know the size
of the home they are proposing and where their driveway would be coming from, he
did not believe it would be
Close
Public Hearing
Zoning Administrator Darling agreed that Lot
371 (as shown on packet information) is used as a lake access but has no
documentation to that affect and noted the plat dates back to 1920. He commented that the two parcels in question
are still owned by Vilma Romanski who now lives in
Board
Member Questions and Comments
The Committee
Members discussed at length who owns
Board Member
Roesner also questioned if the properties complied with another portion of the
Ordinance, Article 22 – Section 2211, subsections B (1) and B (2) and asked
about water and sewer availability. Zoning Administrator Darling stated that
there is no water but sewer is available.
She noted that although there is sewer, there may not be an REU
allocated for it.
Board Member
Bellairs commented she did some research awhile ago and back when this area was
platted, lake accesses were given Lot numbers but belong to the subdivision and
no one person owns them. She also noted
that taxes on these accesses are included in the property taxes of the people
who live in these neighborhoods. Zoning
Coordinator Walkaus had documentation she obtained from
It was the unanimous decision of the
Board Members to postpone this request giving the applicant a chance to submit
documentation showing sufficient proof that Lot 371 is a public road and would
therefore not need to come back before the ZBA.
He can do this by acquiring a Cursory Title Search. If information is deemed non-sufficient, he
would need to return for an approved private road variance with verification
that the property owner is aware of his intent.
Mr. Darling can make the determination if the documentation is
sufficient or not-sufficient administratively.
Roesner moved, Dywasuk seconded, to
recommend to the Township Board that if applicant does not need to come back to
the ZBA for a private road variance, he be refunded his payment for this
meeting, April 10, 2006.
Ayes: 7 Nays: 0 Absent: 0 Motion
carried (7-0-0)
Board Member Dywasuk expressed concern
about who can use this road, if just anybody has access to it. Board
Member Bellairs commented she would get the paperwork from the Clerk’s office
that she saw when she did the research
mentioned previously, and bring it to the next meeting and they can then proceed from there.
Mr. Dudley (a visitor present) stated that
he had documentation from
BOARD
MEMBER’S COMMENTS
Board Member Myrick asked about the new
Ordinance and the ZBA Findings of Fact that was included in the packet. Ms.
Walkaus explained that this is the current documentation to be used and it has
been approved by the Township Board (the copy is marked “Draft” but it is the
one the Township adopted and Barb will get that date).
ADJOURNMENT
Bellairs moved, Dywasuk seconded to
adjourn the meeting at 8:55 pm.
Ayes:
7 Nays: 0 Absent: 0 Motion
Carried (7-0-0)
__________________________________ ______________________________
Tammy O’Connor, Chairperson James
P. Butler, Secretary
Date
approved: 05/15/2006
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