BRADY TOWNSHIP ZONING BOARD OF APPEALS

MINUTES OF MEETING HELD JUNE 17, 2008

A meeting of the Brady Township Zoning Board of Appeals was held June 17, 2008. Chairman James Dyke called the meeting to order at 7:00 p.m.

Members Present: Chairman James Dyke

                                Kevin Allgaier

                                Mike Oswalt

                                Jim Laure

Absent were Vice-Chairperson Aileen Greanya and Ed Haberle.

Also attending were Township Zoning Administrator Glenn Lindsey and 4 citizens.

APPROVAL OF MINUTES

A motion was made by Kevin Allgaier and seconded by Mike Oswalt Haberle to approve the proposed minutes of the March 18, 2008 meeting as written. The motion was carried.

REQUEST FOR A VARIANCE REQUEST by Thomas & Deborah Nuzzi

Thomas and Deborah Nuzzi have requested a variance for relief from the rear yard setback requirements as set forth in Brady Township Zoning Ordinance Article XIV. The property is located at 11474 East Indian Lake in Brady Township. This is a lakefront property, so that the rear yard is the roadside. The ordinance requires a 25’ rear yard setback and the proposed home has a 21’setback.

Chairman Dyke opened the Public Hearing. He explained the need to show a topographical hardship of the land in order for the Zoning Board to approve a variance request. (See Article 23.8,Variance Standards).

Zoning Administrator Glenn Lindsey stated that the Nuzzi’s would also need a variance for maximum percent of lot coverage. He stated that the R-1 zoning district allows 20% lot coverage and that the Nuzzi’s project is closer to 25% lot coverage. The lot area is 14, 890 square feet. The house, garage, and deck comprise a total of 3, 366 square feet.

The builder, Gordon Milner, stated that while keeping this house in line with the lakeside setback with other houses in the area, the rear yard setback was affected. He stated that all of the houses in this area are closer to the road than the ordinance allows, and that there would be no obstruction of view.

Kevin Allgaier asked if the Nuzzi’s could bring the size of the house into conformity with the ordinance.

Mrs. Nuzzi stated that the house must be made wheelchair accessible. She stated that the houses on both sides of hers are comparable in size.

There were no further comments. There has been no written correspondence on this matter. The Public Hearing was closed.

Chairman Dyke went through each item of the variance standards in Brady Township Ordinance Article 23.8.

Mike Oswalt asked if these variance requests are granted, where does the Zoning Board draw the line the next time?

Kevin Allgaier stated that the size of the house is the issue. He stated that many of the homes in the area were “grandfathered in” when the zoning went into effect in 1997. He also stated that past variance decisions should have no bearing on the current variance requests. He asked why the building’s footprint couldn’t be 4 feet smaller to comply with the ordinance.

The Board went through each item of the variance standards again. The Zoning Board members were in agreement that all variance standards have been met except item 1 (a):

             By reason of the exceptional narrowness, shallowness or shape of a specific piece of property,

             or by reason of exceptional topographic conditions, or other extraordinary situation of the

             land or building, the literal enforcement of the Ordinance would create practical difficulties

             or would cause unnecessary hardship;

Jim Dyke felt that the narrowness of the property is a hardship, but other zoning board members felt that the hardship has not been met.

After further discussion, Jim Laure made a motion to approve the variance request for a maximum lot size coverage of up to 25% by reason of the exceptional narrowness of the land. James Dyke supported the motion and the motion was carried unanimously.

Kevin Allgaier made a motion to deny the variance request for a 4’ rear yard setback, based on his inability to find a reason for the variance in the variance standards as set forth in Brady Township Ordinance Article 23.8. Mike Oswalt seconded the motion. The vote was as follows: Kevin Allgaier, yes; Mike Oswalt, yes; Jim Dyke, no; Jim Laure, abstained. The motion was carried, and the variance request was denied.

REQUEST FOR A VARIANCE EXTENSION by Nathan Shaw

Mr. Shaw is requesting an extension for a variance granted to the previous owner, Howard Hildebrand, for the front yard setback on May 15, 2007 and extended on November 20. 2007. He stated that he wouldn’t have the financing to get started for nearly a year. After discussion, James Laure made a motion to approve a one year extension of the variance granted at the May 15, 2007 Zoning Board of Appeals meeting. Kevin Allgaier supported the motion, and it was carried unanimously.

There was a motion by Kevin Allgaier to adjourn at 8:00 p.m. Jim Laure supported, and the motion was passed unanimously.

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James Dyke, Chairman

Brenda Brock

Recording Secretary