BRADY TOWNSHIP ZONING BOARD OF APPEALS

MINUTES OF MEETING HELD MARCH 10, 2009

A meeting of the Brady Township Zoning Board of Appeals was held March 10, 2009. Vice-Chairman Aileen Greanya called the meeting to order at 7:05 p.m.

Members Present: Vice-Chairman Aileen Greanya

                                Mike Oswalt

                                Ed Haberle

                                 Jim Laure

Absent were Chairman James Dyke and Joe Timko.

Also attending were eight others.

APPROVAL OF MINUTES

A motion was made by Mike Oswalt and seconded by Jim Laure to approve the minutes of the meeting as printed October 21, 2008. The motion was carried.

REQUEST FOR A VARIANCE by Martin Kolenko

Martin Kolenko has requested a variance for relief from the north side yard setback as set forth in Brady Township Zoning Ordinance Article XIV. He wants to build a second story onto his residence at 11146 East Indian Lake Drive in Brady Township. The R-1 zoning for this property requires a 10’ side yard setback, and the dwelling has a 3’ setback. The existing dwelling is a legal, nonconforming structure. Brady Township Zoning Ordinance Article XXII (Expansion of nonconforming use or building/structure) does not allow the proposed second story addition.

A memo concerning the variance request has been received from Township Attorney Craig Rolfe and distributed to the Zoning Board members.

Vice-Chairman Greanya opened the Public Hearing.

Mr. Charles Harttung, representing the owner, stated that the proposed second story will be built straight off of the existing wall so that it would encroach no further on the three-foot setback. He stated that the addition will have less overhang than on the first story. He stated that there is a distance of 11’ between Mr. Kolenko and his neighbor to the north, allowing access to emergency vehicles from the road to the lake.

Mike Oswalt asked if there is something unique about the property that prevents the addition from being built without a variance. The lot size is 275’ x 40’ and the existing house is 20’4’’ x 40’.

Mr. Harttung stated that the second story plans have more room and are more aesthetically pleasing than many of the “40 foot boxes” on the lake. He explained the placement of the second story with 4 supporting columns on one wall.

Suzanne Kring, 11140 East Indian Lake Drive, the neighbor to the north, stated that she has no objections to Mr. Kolenko’s addition.

There were no further comments.

The Public Hearing was closed.

The Zoning Board of Appeals considered the variance request with the variance standards as published in Article XXIII, Section 23.8 of the Brady Township Zoning Ordinances. After discussion, the members of the ZBA determined the following:

1a. The reason of exceptional topographic conditions or of size, shape, etc. practical difficulties

      has not been met because there is nothing exceptional about this 40’ wide lot in this lakefront

      neighborhood.

Mike Oswalt stated that the second story could be built in a legal manner—there are other options available for the second story.

Aileen agreed that the second story could be moved over to meet the setback standards.

Mr. Harttung stated that the practical difficulty is the existing, nonconforming house. Aileen responded that only one story is “grandfathered-in”.

1b. A variance would not be of a detriment to adjoining properties.

1c. There is nothing exceptional about this property in this neighborhood. Many of the lots are 40’ wide.

1d. The second story would allow the Kolenko family to enjoy their property in the same way as others in this area who have two-story homes.

2. There is no economic hardship requested or presented.

3. This is a not a self-created difficulty.

Mike Oswalt made a motion to deny Mr. Kolenko’s request for variance relief because the addition does not meet all of the variance standards as set forth in Article XXIII, Section 23.8 of the Brady Township Zoning Ordinances. Ed Haberle supported, and the motion was carried 3 votes to one.

There was a motion by Ed Haberle to adjourn at 7:40 p.m. Mike Oswalt supported, and the motion was passed unanimously.

Respectfully submitted,

________________________________

Aileen Greanya, Vice-Chairman

Brenda Brock

Recording Secretary