BRADY TOWNSHIP PLANNING COMMISSION

MINUTES OF MEETING HELD MARCH 20, 2008

A regular (rescheduled from February 21) meeting of the Brady Township Planning Commission was held on March 20, 2008 commencing at 7:30 p.m.

Members present: Chairman Gary Miller

                              Mike Henderson

                              Ed Haberle

                              Jan Becker

                              Dave Locey

Absent: Kathy Guthrie and Randy Smith.                                                            

Also attending: Township Attorney Craig Rolfe, Zoning Administrators Glenn Lindsey and Chris Hamilton and 7 others.

APPROVAL OF MINUTES

Mike Henderson made a motion to approve the minutes of November 15, 2007 as published. Ed Haberle supported, and the motion was carried unanimously.

PUBLIC HEARING

Chairman Gary Miller opened the Public Hearing to consider a proposed text change to the Brady Township Zoning Ordinance Section 15.3 (2), pertaining to the setback requirements for all buildings and structures from a lake or other watercourse.

Ken Hammer, 7665 S Indian Lake, submitted the proposed text change because of the denial he received from the Zoning Board of Appeals to build a deck on property he owns in Brady Township. He stated that even though his proposed deck would be more than 100’ from the lakeshore, using the averages of the setbacks of the three structures on either side of him prevented having the deck.

Gary Galia, 5786 Saddle Club Drive, Kalamazoo stated that he also was recently denied a variance request by the Zoning Board of Appeals due to the average setback of the three structures on either side of his proposed addition at 6937 Hayward Drive in Brady Township.

Ed Haberle, a member of the Zoning Board of Appeals, stated that the use of averaging three setbacks of either side of a proposed structure frequently causes a variance request.

Glenn Lindsey, Zoning Administrator, stated that Brady Township is the only township that he knows that uses three structures on either side for averaging lakeside setbacks.

There was no further public comment, and the Public Hearing was closed.

The Planning Commission discussed the proposed text change. It was noted that the current text was put in place in order to preserve the line of sight on the lakefront. In Mr. Hammer’s case, the current text caused his house to be placed farther back than the houses on the adjacent parcels, causing “tunnel vision”. It was also noted that measuring from the shoreline has nothing to do with the line of sight, due to the curvature of the shoreline.

After much more discussion, Mike Henderson made a motion to recommend to the Brady Township Board that the text in Brady Township Zoning Ordinance Section 15.3 (2), be changed as follows:

However, where the calculated average setback is 100’ or more, the minimum

             watercourse setback shall be determined by an imaginary line between the points

             of each principal structure closest to the waterfront on each adjoining waterfront lot.

and to agree to revisit other setback requirements within the next 90 days. Ed Haberle seconded the motion, and it was carried unanimously.                                                                      

OLD BUSINESS: Land Use Plan Review

It was decided to table further discussion of the land use plan review until Randy Smith is present.

NEW BUSINESS:

A.  2008-2009 Planning Commission meeting dates:

             Mike Henderson made a motion to set the 2008-2009 meeting dates as: April 17, 2008 ; September 18, 2008; November 20, 2008 and February 19, 2009. Jan Becker seconded and the motion was carried unanimously.

B.  New Planning Commission officers for 2008-2009:

Mike Henderson made a motion to elect Gary Miller as Chairperson, Randy Smith as Vice Chairperson and Kathy Guthrie as secretary. Ed Haberle seconded, and the motion was carried unanimously.                                                                                                     

 REPORTS

SCMCCI representative Glenn Lindsey reported that there has been good enforcement on zoning violations. There was discussion about an airstrip in Brady Township. Mr. Lindsey felt that this airstrip is in compliance because of the previous zoning in effect at the time it was constructed.

Ed Haberle, representative from the Zoning Board of Appeals, stated that there is a resident who has recently purchased a parcel of land adjoining his, and wishes to raze a non-inhabitable house on the new property. However, the remaining garage and pole building would then be in front of his existing house. He will seek a special exception use permit at the next Planning Commission meeting.

Chairman Gary Miller reported the following:

A.   The township has received St. Joseph County’s Master Plan 2007 update.

B.  Classes are available for any Planning Commissioner who is interested (Citizen Planner Sessions).

C.  Schoolcraft Township has had a rezoning request from Howard Bailey of several hundred acres from AG to R-3. Schoolcraft Township would very much like input about this matter from neighboring townships.

CITIZEN TIME

None.

Ed Haberle made a motion to adjourn at 10.00 p.m. Jan Becker seconded and the motion was carried unanimously.

The next regular Planning Commission Meeting is scheduled for April 17, 2008 at 7:30 p.m.

Respectfully submitted,

____________________________

Chairman Gary Miller

Brenda Brock,

Recording Secretary