Little Traverse Township Zoning Board of Appeals
March 24, 2005 5:30 P.M.
Little Traverse Township Hall



Chairman Ed Shepherd called the meeting to order.

Roll call: Ed Shepherd, present Joe Leach, present Matt Duran, present.
Also present: Bill Dohm, Randy Frykberg, Jane Taylor, Mark Buday, Mary
Jolliffe, Bill and Sue Holmes, Connie Tanner, and Dick Smith.

Minutes:
A motion to approve the minutes of January 13, 2005 as submitted was offered by Duran and supported by Leach. Approved by voice vote.

Case #A-1-05
Conduct a Public Hearing on a request by Wendell and Nancy Bueche for front and rear yard set-back variances to construct a cottage and recreation home on Beach Road adjacent to the plat of Menonaqua Beach.
Randy Frykberg reviewed the case saying in 2003 the ZBA denied a variance request for a larger dwelling. Since then the Court has ruled this lot to be a single lot of record. The depth of the lot (former Railroad Right of Way) is 75 feet and therefore with the setbacks required of the RR district it has no building envelope so any building on the lot requires a variance. The lot is 130 feet wide on the lake side and 131 feet on Beach Road. Lot coverage with the proposed house would be 29.6%
The Public Hearing was opened.
Dick Smith, attorney for the Bueche’s, stated the request is for front and back yard variances because the 75 foot depth of the lot is a classic case of practical difficulties. There is no building envelope.
Mark Buday, architect for the Bueche’s, said the house plans have been reduced 3 times to meet the lot coverage requirements. He showed the building to be centered on the lot so it would impact the neighbor’s viewshed equally. He noted the house would not be in front of anyone’s existing dwelling and is as far back on the lot as it could possibly be. The full length of the house will be 84’ depth is 19’4’ with a single car garage on the other end with a depth of 24’. The largest width of the house is the center at 37’6” and the center is the only portion of the house that is 2-story.The proposed house is shingle-sided and appropriate to the neighborhood.
Sue Holmes, next-door neighbor, questioned safety at that corner of Beach Road and noted Meg Mauger had big rocks in her driveway to protect her house from oncoming traffic.
Mark Buday thought the Bueche’s may choose landscaping, low trees or shrubs, to prevent headlights shining into the house.
Bill Holmes was concerned that landscaping may grow too tall and block further views of the bay and Petoskey.
Joe Leach said he would encourage shrubbery to be kept low.
Sue Holmes felt most of their value was in the view and thought this project would directly effect their view and therefore their value. She asked that they and Mrs. Jolliffe be guaranteed to be granted the same variance to build a house on that same side of Beach Road.
Randy Frykberg said the Board could not guarantee a blanket variance for those lots. Each lot and each request would be looked at on it’s own merits individually when requested.
Bill Dohm agreed with Frykberg and said each case will have to go through due process with a Site Plan. A variance, once granted is valid for 12 months.
Sue Holmes asked if her lot was considered a lot of record. She felt that she and Mary Jolliffe had the identical problem as the Bueche’s. Mrs. Jolliffe agreed.
Bill Dohm told her that they would have to look at historical records and the chain of title from 1975 to see if they were a lot of record at the time the Zoning Ordinance went into effect.
Bill Dohm asked Mark Buday if he would consider adjusting the side setbacks to alleviate blocking so much of the Holmes’ and Jolliffe’s view of Petoskey and the bay. Buday said 7 foot to the south would be their limit to move it because if the easement there were ever developed it could damage the foundation of the house.
Bill Holmes questioned the elevation and drainage if fill were to be brought in.
Randy Frykberg said they are allowed to fill but could not increase drainage.
Mark Buday said with all the sand there drainage is not a problem and the drainage from the house must be contained within the property.
Matt Duran asked if there would be a crawlspace under the house and was told yes there would be.
The Public hearing was closed.
Joe Leach motioned to approve the request from Wendell and Nancy Bueche, parcel #24-08-16-21-226-013, for a front yard variance of 16’8” and a rear yard variance of 25’.The requested variances do not adversely affect the purposes of objectives of the Zoning ordinance. There is a practical difficulty existing with this parcel. The granting of the variance will not be materially detrimental to the Public Welfare or materially injurious to the property or improvements in the district. The structure shall be moved 7 feet to the south from the position shown on the Site Plan and the shrubs in the front of the house ( the road side) shall be maintained to a height not to exceed the first floor eaves. Support came from Matt Duran. Roll call vote: Duran, yes: Shepherd, yes: Leach, yes. Final Decision Attached.

Other business to be brought before the Board:
There was no other business brought before the Board.

Adjourn:
Ed shepherd motioned to adjourn and was supported by Matt Duran. Meeting adjourned at 6:20 P.M.

Respectfully submitted,
Jane Taylor