Little Traverse Township Zoning Board of Appeals
September 14, 2005 5:30 P.M.
Little Traverse Township Hall


Chairman Joe Chattaway called the meeting to order.

Roll call: Joe Leach, present Matt Duran, present Joe Chattaway, present
Also present were Randy Frykberg, Bill Dohm, Greg Voelker, Dan Gorman and Jane Taylor.

Minutes:
A motion was offered by Joe Leach to approve the minutes of August 14, 2005 with the following corrections- Bill Dohm to be added to list of those present and to correct to “The original request does not adversely affect the purposes or objectives of the Zoning Ordinance” in the motion on page 3, paragraph 4. Support came from Matt Duran and was carried by voice vote.

Case#A-7-05
Conduct a Public Hearing on a request by Elizabeth Reutlinger for two side yard set-back and lot coverage variances to extend an existing porch on an existing cottage at 2347 Central Avenue in Wequetonsing. Parcel # 24-08-16-18-299-093
Chairman Chattaway opened the Public Hearing.
Randy Frykberg reviewed the general facts saying the property is zoned RR-Recreation Residential, and is on lots 93,92, E ½ of lot 99, and an easement from the Wequetonsing Association of 7’x5’ to allow room for the proposed porch expansion.
The previously proposed easement from the Association was 40’. The 7’x5’ easement agreement was presented at the meeting. The south side expansion is 3’6” will not come out to the existing building line, on the north side it will be the same as the house at 2’1”.The present lot coverage is34.2%(30% allowed) and the proposed addition would increase the lot coverage to 35.9%. The footprint of the existing house and covered porch is 2.243 square feet and would be increased by 112 square feet if the request for the porch expansion is granted.
Joe leach asked if the steps and sidewalk were not on the Reutlinger property.
Randy Frykberg said in front of the house is common area and the step and sidewalk are actually in the park.
Greg Voelker said it is Wequetonsing’s policy to allow building right up to the front lot line with a 6’ setback on the rear and 4’ on the sides. He said all porches line up with the front lot lines and all steps are in the common area.
Randy Frykberg said when this was presented months ago without an easement we couldn’t look at this proposal because the porch was over the front property line.
Bill Dohm stated we had agreed before the meeting that we’d come up with a 40’ easement on the front. This is something different. He noted that with Site Condos we consider building envelopes instead of lots. This is somewhat land clustering.
Greg Voelker said Mrs. Reutlinger owns the adjoining lot.
Joe Chattaway asked if she could sell the lot or build on it and was told by Greg Voelker she could.
Joe Leach felt this could be a future potential problem.
Bill Dohm showed pictures of the house and noted there is all kinds of space in the front. He thought this was a technical problem.
Greg Voelker said the Wequetonsing Association has no problem with the proposed porch expansion. He said the Association would not grant a 40’ easement. They did grant the 7’x5’ easement so the porch would be on their own property. He said all steps in the Association are on common ground but porches are on their own lot.
Bill Dohm said then without the easement Wequetonsing would not have allowed the porch expansion. Greg Voelker agreed.
Joe Leach asked if the granted easement would become part of this lot and was told by Greg Voelker that it would.
Randy Frykberg said the lot is non-conforming, and the structure is non-conforming because it encroaches into both side yard setbacks and the rear yard setback. The request would not increase any encroachment by adding 3 ½ feet to the covered porch.
Dan Gorman said the land is unique and it doesn’t fit any zone as written in the Zoning Ordinance.
Joe Leach felt with the large common areas and clustering the houses, this area is pleasing to the eye.
Matt Duran asked Greg Voelker if the easement was Weque’s idea and was told no, it was done to satisfy the Township.
The Public Hearing was closed.
The Board agreed there are unique circumstances. The problem is not self created and strict compliance of the Zoning Ordinance would prevent the owner from using his property for the permitted purpose. Substantial justice to the applicant as well as other property owners would be done.
Joe Leach motioned to approve the request for a variance in Case # A-07-05 by Elizabeth Reutlinger as a practical difficulty exists. The reasons for granting the variances are: It will not further reduce the value or otherwise limit the lawful use of adjacent premises. It will retain the character of abutting premises. The license to utilize real property 7 feet by 5 feet beyond the south boundary was granted by the Wequetonsing Association. Support for the motion came from Matt Duran. Roll call vote: Leach, yes; Duran, yes; Chattaway, yes.
The Board recessed to allow the Final Decision Form to be completed.
The Board reconvened to review and sign the Final Decision Form.
Other business
Randy Frykberg asked the Board for comments on By-Laws for the Zoning Board of Appeals. There were none.

Adjourn
Joe Leach motioned to adjourn at 6:20 P.M. and was supported by Matt Duran.
Motion carried by voice vote.

Respectfully Submitted
Jane Taylor