BRADY TOWNSHIP ZONING BOARD OF APPEALS

MINUTES OF MEETING HELD AUGUST 19, 2008

A meeting of the Brady Township Zoning Board of Appeals was held August 19, 2008. Chairman James Dyke called the meeting to order at 7:05 p.m.

Members Present: Chairman James Dyke

                                Ed Haberle

                                Jim Laure

Absent were Vice-Chairperson Aileen Greanya, Mike Oswalt, and Kevin Allgaier.

Also attending were Township Attorney Craig Rolfe, Township Zoning Administrator Glenn Lindsey and 3 citizens.

REQUEST FOR A VARIANCE REQUEST by John & Susan Izenbaard

John and Susan Izenbaard have requested variances for relief from side yard setback and from percent of lot coverage requirements as set forth in Brady Township Zoning Ordinance Article XIV. The property is located at 11424 East Indian Lake in Brady Township and is zoned R-1.

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).

Mr. Izenbaard stated that he wants to build an addition to his existing home for a family room on the main level and a master bedroom on the upper level. The proposed addition would extend 16’ toward the lake, continuing off of the existing walls.

Attorney Rolfe stated that his calculations show that the proposed addition of 400 square feet would still only be 15% of lot coverage, and that 20% lot coverage of the principle residence is allowed.

It was therefore agreed that only one variance request should to be considered-- the side yard setback.

Attorney Rolfe stated that the Izenbaards must meet the criteria for the granting of a variance as set forth in Brady Township Ordinance Article 23.8. He asked if the proposed addition could be built with an 8’ sideyard setback.

Mr. Izenbaard stated that he cannot provide a physical hardship of the lot to satisfy the variance standards and he therefore withdraws his request for a variance. He stated that he would either redesign the project or not proceed at all.

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

APPROVAL OF MINUTES

A motion was made by James Laure and seconded by James Dyke to approve the proposed minutes of the June 17, 2008 meeting as with the following correction: on page 1, paragraph 6, change 8’ to 25’ and 4’ to 21’. The motion was carried.

Attorney Craig Rolfe discussed with the Zoning Board of Appeals the need to carefully adhere to Brady Township Ordinance Article 23.8 when considering a request for a variance, regardless of what has occurred in past Public Hearings.

There was a motion by Jim Laure to adjourn at 7:50 p.m. Ed Haberle supported, and the motion was passed unanimously.

Respectfully submitted,

________________________________

James Dyke, Chairman

Brenda Brock

Recording Secretary