BRADY TOWNSHIP ZONING BOARD OF APPEALS

MINUTES OF MEETING HELD NOVEMBER 21, 2006

 

 

 

A meeting of the Brady Township Zoning Board of Appeals was held on November 5, 2006 commencing at 7:03 p.m.


Members Present: Chairman James Dyke

                              Vice-Chairperson Aileen Greanya

                               Ed Haberle

                               Kevin Allgaier

                               Jim Laure

       

Also attending were Andrea Haas, Joe Keithley, and their architect, Bob Tower and 7 concerned citizens.


 

APPROVAL OF MINUTES


Aileen Greanya made a motion to approve the minutes of September 5, 2006 as printed. Ed Haberle supported the motion, and it was passed unanimously.



REQUEST FOR A VARIANCE BY Andrea Haas & Joe Keithley


Chairperson James Dyke opened the Public Hearing.


Andrea Haas and Joe Keithley of 4164 W. Centre St, Portage, are requesting a variance of 2 feet 8 inches from the height maximum in order to build new dwelling on property they own at 7155 E. UV Avenue, in Brady Township.


Chairman James Dyke explained that the Zoning Board of Appeals must determine that a hardship exists that prevents them from meeting the 35’ height maximum. Mr. Tower explained that this request is for an Italian Villa design. The height of 37 ½ feet exceeds the 35’ maximum by 2 ½ feet. He feels this is not overbearing to the vicinity buildings and will not block any views. The closest house is 432 feet away and is taller than 35’. This is a two story on flat ground as opposed to two stories with walk out 1st floor. Due to that and the high water table the house can not be lower.


Greanya questioned the actual building site. Haas showed the members the print. She explained that the hardship is that the pitch of 6/12 is needed for snow meltoff , and the high water table. Allgaier questioned if a 4/12 pitch would work. The reply was that it would not look like an Italian villa. Due to the high water table they are only planning on an 8’ unfinished basement.


Chair Dyke asked for any other comments, and then asked if any written correspondence had been received. None.


Susie Vanderbeek, who lives across the birm from the proposed site stated that she had no problems with the height as long as the trees were not cut down.


Jim Haas stated that due to the land area it seems to fit it.


Haberle questioned the possibility of putting on a lower roof. The reply was yes, but they were requesting this height for the look.


Allgaier said if the water table were used, it could satisfy “a” in the Ordinance.


Dyke stated that this is a self created hardship.


Scott Tindall questioned the height of trees behind house. They are tall enough to cover the house.


Haas questioned if water table were lower would all of this be ok?


Allgaier said that the architects designs need to be done in line with current zoning.


Bev Haas stated that this would fit in with the area and past practice along with the design of the house.


Haas stated that the house design was done before the soil borings for the water table were tested and found.


Greanya questioned if house could be located on a site with a lower water table. Haas stated that this has already been moved away from the trees due to even higher table.


**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. Jim Laure made a motion to approve this variance due to the high water table (a), and that all four conditions have been met. Seconded by Allgaier.


Greanya stated that #3 hardship had not been met, even though all others are.


Chair Dyke said that the architect plan needs to be reworked for the roof line. Has replied that they have investigated a lower roof and it would not be esthetically pleasing.


Jim Haas stated that neighbors would be more pleased with the roof 2 ½ foot taller than an unattractive roof line..


Scott Tindall said that if they looked at the site, they would get a better idea of how the house will fit in with the surrounding homes.


Roger Vanderbeek said that the purpose of the ordinance is to protect residents from inappropriate homes, which this would not be.


Greanya read from an article in the MTA news concerning variances.


Haas questioned if high water table can be the hardship. Allgaier said he felt it causes the hardship.


The vote was called with a 2-3 result, with Allgaier and Laure voting for, and Dyke, Greanya and Haberle against. Motion defeated.


Discussion followed as to what actually is a hardship, and what the next recourse would be. Dyke said Clerk Vermeulen will get the definition of hardship from our attorney, and that the next step for recourse would be Kalamazoo Circuit Court.


Bev Haas asked what steps could be taken to change the ordinance. Dyke told this would have to go to the Planning Commission.


A motion was made be Allgaier and seconded by Laure to adjourn the meeting at 7:49 p.m. Motion Carried.


 

Respectfully submitted,

 

 

 

_____________________

James Dyke, Chairman

 

 

Cande Vermeulen

Brady Township Clerk

Acting Recording Secretary