The meeting was called to order by acting chairman, Joe Leach.

Roll call:

   Joe Chattaway, absent        Joe Leach, present       Matt Duran, present

Also present: Randy Frykberg, Bill Dohm, Jane Taylor, Jessica Moore, David O’Neal, Frank Lauer, and Greg, Voelker.

Minutes:

 A motion to approve the minutes of December 14, 2006 as presented was offered by Leach and supported by Duran. Approved by voice vote.

Case # A-1-07

 Conduct a Public Hearing on a request by Patricia and Douglas Warner for a side yard setback variance to construct an attached garage at 2310 Central Ave. in Wequetonsing parcel  # 08-16-18-299-136.

Randy Frykberg reviewed the case saying the Warner’s have requested permission to construct an attached 14’8”X25’4” garage 5 ½” from the east side yard lot line and 9’9” from the rear lot line at 2310 Central Ave. in Wequetonsing on a non-conforming lot. The east side lot line abuts a platted but undeveloped alley and park land. The property is zoned RR, Recreation Residential and includes lot 136 and 137 in Wequetonsing. The lot is non-conforming due to size- approximately 8,040 square feet. Wequetonsing General Manager told   Frykberg during his inspection of the property that the adjacent platted alley and park will not be developed and thus the effective yard on the east side and rear is quite large with a rather steep hill at the rear of the property. The lot coverage with the proposed garage would be 22.2%, still well below the 30% allowed. This lot coverage does not reflect the fact that Wequetonsing has significant amount of open space land in common ownership. The property abuts large open spaces on the west, north, and east sides.

 In his Findings, Frykberg stated the lot is non-conforming due to small size, the structure in non-conforming because it encroaches into the setbacks, a steep bluff is to the north, and property is surrounded by a great deal of open space in common ownership. The structure does not have a garage or storage area. Due to the great deal of common open space in this clustered housing development, granting the variance as requested should not be materially detrimental to the public welfare or adversely affect the purposed or objectives of the Zoning Plan of the Township.

The Public Hearing was opened.

 The Board noted the resolution and also a letter of support from the Wequetonsing Association submitted by Greg Voelker.

 Jessica Moore, architect for the project, presented pictures depicting the lot, existing lot and also showed the problems with the present egress- stating now the people must back out into the street. With the garage they would be able to back into the existing parking area and avoid backing into the street.

 The Public Hearing was closed.

Case # A-2-07

 Conduct a Public Hearing on a request by Amibel James for a side yard setback variance  to expand or enlarge a non-conforming cottage at 2293 Pennsylvania Ave. in Wequetonsing parcel# 08-16-18-299-029..

 Randy Frykberg reviewed the case saying Amibel James has requested permission to construct an 8’X7’7” one story addition to an existing house at 2293 Pennsylvania Ave. in Wequetonsing on a non-conforming lot. This addition would fill in a jog in the house and straighten out the south side of the structure. It will not extend any closer to the south lot line than the existing structure already does. He stated the property is Zoned RR, Recreation Residential and is lot 29 in Wequetonsing, a non-conforming lot with an area of 3,508 square feet. The proposed addition would fill in a jog in the house and straighten out the south side which is 3’1 ½” from the lot line. It will not encroach any further into the side yard than the existing structure. The present lot coverage is 72.8% and would be 74.1% with new addition. This lot coverage does not reflect the fact that Wequetonsing has a significant amount of open space land in common ownership.

 In his findings Frykberg noted the lot is non-conforming due to the very small size, the structure is non-conforming because it encroaches into the setbacks, and 79’ of the existing south side of the house is already within 3’ 1 ½” from the lot line. The addition would fill in a dark damp niche in the side wall of the structure. The small addition would be an improvement aesthetically and should not impact nor adversely affect Health, Safety and Welfare

The Public Hearing was opened.

 The Board noted the resolution and letter of approval from the Wequetonisng Association as presented by Greg Voelker.

Jessica Moore, architect for the project, present pictures and plans showing site and location of addition. She said the one story addition, for additional master bath space, would have a continued upper roof line.

The Public Hearing was closed.

 Leach motioned to approve the request by Amibel James ( see attached Final Decsion Form for complete motion). Support came from Duran. Roll call : Chattaway, absent: Leach, yes: Duran. yes. Motion carried.

Case A-3-07

 Conduct a Public Hearing on a request  by James Dobbs III  for a front yard setback variance to construct a studio work shop accessory building at 1909 Pennsylvania Ave.

 Randy Frykberg reviewed the case. He said James Dobbbs III has requested permission to construct a single story studio/workshop in the front yard but further from the road than the existing garage on a non-conforming lot at 1909 Pennsylvania Ave. He said the property is Zoned RR, Recreation Residential and is non-conforming due to size (approximately 38,000 square feet, including some non-developable beach front). The applicant would like to use this 10’ setback rule and place the accessory structure 22’  from what he claims is the “rear” because many lakefront property owners consider the waterfront as the “front”. However, the Little Traverse Zoning Ordinance defines the Front Lot Line as “That line which creates the abutting street right-of-way line.” Additionally, it does not seem to be good planning to allow a structure within 10’ of the lake, even if it is an accessory structure. Therefore, a variance would be needed to build within 22’ of the road. The lot coverage with the proposed accessory structure would be 12%, still well below the 30% maximum allowed. Space does seem available to move the accessory building 13 more feet from the road.

 In his Findings he stated the lot is non-conforming due to size. However, space seems to exist to build in a conforming way. He questioned if a studio/workshop was a substantial property right and it could be constructed in a conforming way. If approved he didn’t feel it would be materially detrimental to the public welfare or materially injurious to the property or district because it would be further back from the road than the existing garage. Nor would it adversely affect the purposes of objectives of the Zoning Plan.

The Public Hearing was opened.

 The Board noted a letter of approval from the Wequetonsing Land Owners Association.

 David O’Neal, architect for the project, noted the lot is between Fern Ave. and Beach Dr.

Joe Leach noted there is room for the building to be positioned farther onto the property and asked what the reason for the proposed location.
Frank Lauer said the reason for that location was because there is a tall hedge along the street now and it would screen the building more than if it was set out into the lawn area.

 Bill Dohm asked for specific uses for the building and was assured by David O’Neal that the customary use is hobby shop/storage and there would be no commercial activity there. It is personal use only.

 Joe Leach said he had been to the site and there truthfully is room elsewhere to put this building but it certainly would be a much better choice to put it as requested behind the hedge.

 The Public Hearing was closed.

Other matters to be reviewed by ZBA

a.       Public comment or correspondence received- none.

b.      Zoning Board of Appeals members—none

   Chairman Joe Chattaway was absent.

Adjourn

 The meeting adjourned at 6:40 PM.

                                                                          Respectfully Submitted,