Zoning Board of Appeals 3

Ash Township

Zoning Board of Appeals

Meeting Minutes

January 6, 2015

Held on: Meeting was called to order by Chairman Stumpmier on Tuesday, January 6, 2015, at 7:00 p.m. in the Ash Township Hall, 1677 Ready Rd., Carleton, MI.

Members Present: Sid Stumpmier, Jerry Hunter, Jim Booth, Darrell Mossburg and Ace DeVillez.

Members Absent: Ron Keilman.

Others Present: Jim Vaslo – Township Manager and 3 citizens.

Chairman asked if everyone received a copy of the September 2, 2014, minutes and if there were any additions or corrections.

Motion #256 Motion to Approve Minutes.

Motion by Booth supported by Mossburg to approve the Zoning Board of Appeals meeting minutes of September 2, 2014, as presented. Voice vote taken. Motion carried.

Motion #257 Agenda Approval.

Motion by Booth supported by Mossburg to approve the agenda as presented.

Voice vote taken. Motion carried.

Old Business:

None

New Business:

1.  A Public Hearing for the Flat Rock Historical Society and Ron Drager, the owner of parcel #5801-001-025-00, commonly known as Flat Rock Speedway, 14041 Telegraph Rd, Flat Rock, MI 48134, who is requesting two (2) , one (1) day temporary use permits for a flea market. The events are to take place on May 3, 2015, and October 4, 2015. The request is made under the Ash Township Zoning Ordinance 7C, Article 24, Section 24.07 (4).

Motion #258 Open the Public Hearing.

Motion by Mossburg supported by DeVillez to open the Public Hearing for Parcel # 5801-001-025-00 and the requested variance. Voice vote taken. Motion carried.

A brief discussion took place. The applicant was present and answered questions.

It was noted that the Township received no written or verbal comments, for or against, the proposed variance.

Motion #259 Close the Public Hearing.

Motion by Mossburg supported by Booth to close the Public Hearing for Parcel # 5801-001-025-00 and the requested variance. Voice vote taken. Motion carried.

Motion #260 Open the Finding of Facts.

Motion by DeVillez supported by Mossburg to open the finding of facts on the requested variance for Parcel # 5801-001-025-00. Voice vote taken. Motion carried.

·  Fact-Stumpmier- The applicant has operated the same “flea market” for many years without and reported problems. Supported by DeVillez.

·  Fact-Mossburg- The Township has not receive any complaints in the past regarding the proposed outdoor sale. Supported by Booth.

·  Fact-DeVillez- The proposed site plan for the sale meets emergency equipment requirements for ingress and egress. Supported by Mossburg.

Motion #261 Close the Finding of Facts.

Motion by Booth supported by Mossburg to close the finding of facts.

Voice vote taken. Motion carried.

Motion #262 To Grant Requested Variance.

Motion by Booth supported by Stumpmier to grant the requested variance for parcel #5801-001-025-00, commonly known as Flat Rock Speedway, 14041 Telegraph Rd, Flat Rock, MI 48134, who is requesting two (2) , one (1) day temporary use permits for a flea market. The events are to take place on May 3, 2015, and October 4, 2015.

Roll Call: 5-Yes, 0-No Motion carried.

2.  A Public Hearing for Brian & Renne Chilson, the owners of parcel # 5801-031-016-30, commonly known as 2588 Corkins Rd, Carleton, MI 48117, who is requesting a variance to Section 21.05 (5) of the Ash Township Zoning Ordinance 7C to allow an accessory building in the front yard.

Motion #263 Open the Public Hearing.

Motion by Mossburg supported by DeVillez to open the Public Hearing for Parcel # 5801-031-016-30 and the requested variance. Voice vote taken. Motion carried.

The Chairman led the discussion and first pointed out that the building has already been constructed and questioned the applicant on why a building permit had not be applied for or issued prior to construction. The applicant simply responded with an apology for not securing a building permit prior to construction claiming he did not know one was needed for this type of building. The board members further questioned the applicant on his chosen site location and obstacles to alternate locations on the property. The applicant answered all questions the best he could. It was noted that the Township received no written or verbal comments, for or against, the proposed variance.

Motion #264 Close the Public Hearing.

Motion by Mossburg supported by Booth to close the Public Hearing for Parcel # 5801-031-016-30 and the requested variance. Voice vote taken. Motion carried.

Motion #265 Open the Finding of Facts.

Motion by Stumpmier supported by DeVillez to open the finding of facts on the requested variance for Parcel # 5801-031-016-30. Voice vote taken. Motion carried.

·  Fact-Stumpmier- The accessory building already exists and was built without a building permit or inspection. Supported by Mossburg.

·  Fact-DeVillez- The parcel is pie shaped and has many features that would make it difficult to site an accessory building. Supported by Booth.

·  Fact-Stumpmier- The property is 5 ac + in size and has ample room for a different location for the accessory building. Supported by Booth.

·  Fact-DeVillez- An abundance of trees would have to be removed to relocate the accessory building in question. Supported by Booth.

·  Fact-Booth- The accessory building is well screened from neighboring properties. Supported by DeVillez.

·  Fact-Mossburg- No hardship exists in locating the accessory build in a different area on the property. Supported by Stumpmier.

Motion #266 Close the Finding of Facts.

Motion by Booth supported by DeVillez to close the finding of facts.

Voice vote taken. Motion carried.

Motion #267 To Deny Requested Variance.

Motion by Stumpmier supported by Mossburg to deny the requested variance for of parcel # 5801-031-016-30, commonly known as 2588 Corkins Rd, Carleton, MI 48117, to allow an accessory building in the front yard due to the existence of ample space on the parcel for the accessory building to be constructed without the need for a variance and that the building already exists and was constructed without a permit.

Roll Call: 2-Yes, 3-No (Booth, DeVillez, Hunter) Motion failed.

Motion #268 To Approve Requested Variance.

Motion by DeVillez supported by Booth to approve the requested variance for of parcel # 5801-031-016-30, commonly known as 2588 Corkins Rd, Carleton, MI 48117, and to allow an accessory building in the front yard, letting the finding of facts speak for themselves.

Roll Call: 3-Yes, 2-No (Stumpmier, Mossburg) Motion carried.

3.  Election of Officers: Chairman, Vice-Chairman.

Motion #269 To Elect Chair

Motion by Booth supported by DeVillez to retain Sid Stumpmier as ZBA Chairman for 2015.

Voice vote taken. Motion carried.

Motion #270 To Elect Vice Chair

Motion by Booth supported by Mossburg to retain Ace DeVillez as ZBA Vice Chairman for 2015. Voice vote taken. Motion carried.

4.  Set Meeting Dates and Time for 2015. 1/6, 2/3, 3/3, 4/7, 5/5, 6/2, 7/7, 8/4, 9/1, 10/6, 11/3 and 12/1. All meetings at 7:00 pm.

Motion #271 To Set Meeting Dates & Times

Motion by DeVillez supported by Mossburg to set meeting dates and times as presented for 2015. Voice vote taken. Motion carried.

Motion #272 Adjournment.

Motion by Booth supported by Hunter to adjourn at 7:20 p.m.

Voice vote taken. Motion approved.

Respectfully Submitted,

Jim Vaslo

Township Manager