MINUTES
OF MEETING HELD May 15, 2007
A meeting of the Brady Township Zoning Board of
Appeals was held May 15, 2007. The
meeting was called to order at 7:00 p.m. by Chairman Dyke.
Members Present: Chairman James Dyke
Vice-Chairperson
Aileen Greanya
Ed Haberle
Kevin Allgaier
Mike Oswalt
Also attending were Township Attorney, Craig Rolfe
and 3 concerned citizens.
Chairperson Dyke opened the Public Hearing.
Howard Hildebrand, of
Chairman Dyke explained that the Zoning Board of
Appeals must determine that a hardship exists that prevents Mr. Hildebrand from
meeting the 75’ front yard setback. The
proposed builder for said house stated that this property has wetlands in the
back, so that the house would need to be built further to the front of this
property. Mr. Hildebrand just wants the
house to be in line with the other houses that are there, and to be able to
have the same setbacks as were available when those
were built. A building permit was pulled
in 2001, but due to medical problems the house was never built.
Attorney Rolfe explained that the previous zoning no
longer applies and that the original building permit from 2001 has
expired. He questioned who had drawn the
sketch that had been submitted with the application, concerning the area
labeled “swamp”. The builder explained
that if the house were built with the 75’ front setback requirement, he could
not put in frost footings in the back due to the swampy area.
Attorney Rolfe questioned section 15.3 sub section 2 concerning a dwelling being built within 100’ of a
wetland, by definition. It was
determined that this does not apply.
Oswalt questioned the actual ownership of the
property. Vermeulen stated that the
property owner is Mr. Hildebrand, but he is selling it. The building has requested the variance on
behalf of the new owner, to establish if it can be built to their plans. Rolfe also stated that if this is approved,
per Zoning Ordinance section 23.14 a building permit must be secured and
authorized action begun within six months.
Rolfe questioned if Hildebrand owned any land
adjacent to this parcel. He does not.
There was no further public comment. No written
communication has been received on this variance request.
Chair Dyke closed the public hearing portion of the
meeting at 7:22 p.m.
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.
The members of the ZBA agreed that all four conditions have been met as
follows:
1)
The reason of exceptional topographic conditions of practical
difficulties has been met due to the swampy portion in the back of the lot.
2)
Variance will not be of substantial detriment to adjoining property.
3)
Exceptional circumstances are that back yard is not a buildable site
due to wet land.
4)
Variance necessary to build modest house, and not self created.
A motion was made by Haberle and
seconded by Oswalt to approve the variance request to allow the 30’ front yard
setback from the ROW, having met all of the requirements of Zoning Ordinance
Section 23.8. Motion Carried
Unanimously.
There was a motion
by Haberle and seconded by Oswalt, to adjourn the meeting at 7:35. Motion carried unanimously.
Respectfully submitted,
_____________________
James Dyke, Chairman
Cande Vermeulen