[0:08] Okay, welcome to the April 13th meeting. The aircraft is township Board of Appeals. There's a

[0:15] agenda over here if anybody would like a copy of one. We'll go to roll call first. Is that

[0:21] here. It's Cooper. Here, Dietrich Hyde. Not here. Brennan, here. Dick Holtz, here.

[0:30] Lisa Lundy. Here. Bob McCurry is here. We have a quorum. Let's see here. Approval of agenda.

[0:38] I get a motion to approve the agenda. I'll make a motion to approve the agenda as presented.

[0:43] second? Second, folks? Okay, go on, May I?

[0:50] Okay, approval of minutes from our previous EVA meeting,

[0:55] everybody read those and put them over to the

[0:58] motion to approve the minutes?

[1:01] Motion? That's correct, I'll go ahead a second.

[1:03] Okay, second.

[1:04] All in favor, aye, aye, go to the receipt passes.

[1:09] Okay, we have any conflict of interest here but this

[1:12] particular case we're seeing. Not going to be concerned about. Okay, we'll open up the floor

[1:17] for public comment for anything unrelated to this. Don't see a lot of public out there. I guess we're

[1:23] good to go. Okay, we're going to open the public hearing for variance requests for ZBA case 161.

[1:31] Applicant is Damian Frazier.

[1:35] Property addresses 8118. Bay Shore Drive. Elk Rapids, Michigan 49629.

[1:40] nine, parcel number 05061501000, the variance request for residential addition, confirmation

[1:49] of approved 1993 rear yard setback variance of 10 foot, proposed single story addition

[1:56] on southern side of existing residence and conformance with approved setback.

[2:02] Okay.

[2:04] So, I'd like to come.

[2:11] Joseph Mozee, architect.

[2:14] I'm Damien Frazier, a property owner.

[2:18] A little background for he does is, my aunt bought this property in 1983 or she built

[2:25] the house.

[2:26] I've been going there since 1983.

[2:28] My kids basically grew up there.

[2:31] My aunt found some hard times, my wife and I bought it, so she could stay there and as she

[2:42] You can handicap because the rest of the house has a lot of steps in it.

[2:47] So this here would allow my aunt to be made there for a while.

[3:03] And then eventually my kids, I have three kids.

[3:06] We don't have the room right now, but I apologize.

[3:20] So basically so I'll just kind of tell you a little bit about the project.

[3:23] We're here today hoping that the board will approve a request to add a single story

[3:27] addition to the structure at 818 Bay Shore.

[3:31] The owners are long time residents as Damien explained.

[3:34] They thoroughly enjoy their house and they really want to stay there and they really would

[3:38] like to be able to add some space to make it more livable for his unique family set up there

[3:43] where he has an aging aunt, as he mentioned.

[3:47] And also for the generations, the next generation is the families of grows.

[3:54] The single story addition that we're proposing is a reasonable size bedroom, small sitting

[4:00] room and bathroom.

[4:01] So nothing major, just a piece off to the south side of the existing house.

[4:07] The properties in Bayshore as I'm sure you all know, obviously, is that they're a little

[4:12] bit challenging and unique, we have a limited building envelope there for sure.

[4:18] So it took the appearance that Damien mentioned back in 1993 just to be able to build a home there

[4:27] So we're

[4:28] The addition as we have a plan has been carefully designed to work inside the existing building envelope between the lake setback and the existing

[4:35] previous setback that was

[4:37] granted for the roadside

[4:39] They included that 10 foot bands

[4:47] We're not asking to increase the building envelope in any way

[4:49] simply expanding the house directly in line with the existing structure and inside the lake setback on the lake side

[4:55] We hope you'll agree that the proposed addition

[4:58] respects previously granted and approved setbacks as well as the intent of the ordinance

[5:07] I apologize

[5:08] I all know what happened in this house

[5:12] and

[5:15] it's all Christian

[5:17] in my end it's had to move

[5:19] Because then I want to get a package. There's some

[5:27] I have any questions.

[5:35] Do we have any public comment from any letters come in from neighbors

[5:39] or anything? Mr. Chairman, there was no letters or any other communications that were

[5:47] sent to me for this board. Okay.

[5:57] I live next door. And did you give us your name?

[6:02] My name is Jacqueline Theo, 81-14 North Bay Shore.

[6:08] The reason that Damien is doing this is to be able to keep his aunt who was like his

[6:16] mother in the house.

[6:19] I don't know if you said that.

[6:22] And she's the collateral damage of what happened.

[6:27] And we would like to see her stay there.

[6:30] We like her.

[6:31] She's our next door neighbor.

[6:32] and she's got some can't do stairs and so we support this because I think she

[6:47] deserves it after everything that happens and I don't think it's gonna make a

[6:53] huge difference in the the Bay or the land use. Thank you.

[7:03] I have a question.

[7:04] And you basically are saying that the non-conforming variance that was granted in 1993, 1993, you're

[7:13] not changing or exceeding the footprint of that in any of this remodeling project.

[7:21] So you're basically asking this board to confirm what the 1993 board accepted.

[7:28] to basically, yeah, see that's accurate.

[7:32] OK, I guess I'd like to, I just question why.

[7:37] I mean, if it's already done, why are we

[7:41] can reconfirm it?

[7:42] That's Larry Nex.

[7:44] OK, Larry.

[7:46] You felt that we needed to come in and have this conversation.

[7:50] OK, so it was a non-performing use.

[7:53] And for all our research, Dingins and Eternin

[7:55] and has brought a few consultants in and just my basic knowledge as well.

[8:00] This is then a variance runs with the land and perpetuity.

[8:02] So, really we're just kind of confirming that.

[8:05] Yes, that's probably a better way of stating it.

[8:09] Okay.

[8:10] All right.

[8:11] Anything else?

[8:12] Anybody have any questions or comments for them?

[8:14] Before we discuss it.

[8:16] Okay.

[8:16] Can we close?

[8:17] Motion to close?

[8:19] I have motion to close.

[8:21] Second.

[8:22] I'm favor.

[8:23] I can close the public meeting.

[8:26] All right, folks. So yeah, I think that's the bottom line is here. We have there was a 1993

[8:32] front yard or it's called back yard roadside that was approved and by everything we know

[8:43] was was held within those limits, right? Everything you've researched short of going and measuring

[8:49] And correct, Mr. Chairman, research I found was that, as per the application in 1993, February 17, 1993 to be exact, that was built to what was requested, did not exceed that was built within that 12-month period that you're supposed to start within, so in terms of following all those rules that we have.

[9:18] The previous applicants made good on those conditions that were stipulated in ZBA case

[9:27] 50 and my research, none of those facts of finding have changed.

[9:35] The topography, the lot itself has not changed since then.

[9:41] Okay. Well, yeah, looks pretty clear.

[9:43] Yeah, we got a lot of information to go over on this and everything I came to,

[9:47] to seem to indicate that everything was conformed, you know, within the limits.

[9:51] And then I guess the second issue is this addition that they're going to put on the

[9:55] south end of the property that stays within the existing footprint and envelope that

[9:59] was it's already there, right?

[10:02] It would still be within that 10-foot setback.

[10:04] So within that 10-foot setback?

[10:06] The standard setback.

[10:07] That is across all R1 properties.

[10:10] And they are not asking for a variance to change that at all.

[10:13] So within that, like any other.

[10:15] So it's looking for confirmation that everything's so good.

[10:19] Everybody have anything else?

[10:27] Mr. Chair, just a quick point of order, I would recommend re-opening the public hearing in order to hear this gentleman.

[10:35] If you have a comment, we have to re-open the public hearing.

[10:38] It's just a quick comment.

[10:40] I support what my wife said, and I'm supporting Damon Ray's Frazier for what he's trying to do for his aunt and I think it's

[10:50] a good thing to do. She deserves it, especially at this time of

[10:54] in view of everything that's happened in that house in the last

[10:59] couple of weeks. Thank you.

[11:04] All right, everybody have any comments, concerns,

[11:09] discussion,

[11:10] further discussion, or I think it's pretty straightforward.

[11:12] Anybody have a motion? Yeah, but I'd like to make a motion.

[11:18] Yeah.

[11:20] Oh, let's see. I moved that ZBA case 161, the application of

[11:25] Damian Fraser requesting confirmation of the 1993 Variant ZBA Case 50 and its

[11:32] application to the proposed edition at 8118 Bay Shore Drive Elk Rapids.

[11:39] Tax parcel 050615001000 be approved based upon the following findings.

[11:48] One, the board finds that the variance granted in ZBA Case 50 on February 17th,

[11:54] 1993 was exercised by the prior owner within the 12 month period required by

[12:00] ordinance section 18.08 as evidenced by the existence of the current

[12:05] residents constructed in conformance with the plans approved in that case. The

[12:11] approved 25 foot rear yard roadside setback is therefore a vested legally

[12:17] established non-conforming condition of the property. Two, the board finds that

[12:23] The subject property exhibits unique physical characteristics, specifically at shallow billable

[12:29] depth resulting from the configuration of the lot as platted prior to the adoption of

[12:35] the townships zoning ordinance that constitute a special condition peculiar to this land within

[12:42] the meaning of the variance criteria. Three, the board finds that the proposed addition is designed

[12:49] in conformance with the 1993 approved setback of 25 feet from the rear roadside

[12:56] lot line does not create any new or greater non-conformity maintains the

[13:01] required 10 foot side yard setback on both sides and results in approximately 15

[13:06] percent lot coverage well within the 30 percent maximum allowed. For the board

[13:12] finds that the proposed addition a modest single story structure with a maximum

[13:17] roof height of approximately 15 feet, incorporating barrier-free design features will not be of substantial

[13:27] detriment to neighboring properties and is not contrary to the spirit and purpose of the zoning ordinance.

[13:35] Five, the board finds that the hardship is not self-created as the large shallow configuration

[13:42] the condition prediates the adoption of the current zoning ordinance.

[13:46] I'd

[13:54] like to second that.

[13:55] I'll second.

[13:56] Okay.

[13:58] I'd like to take a vote.

[14:01] Is that gayness?

[14:02] Yes.

[14:03] It's Cooper.

[14:04] Yes.

[14:05] Brennan.

[14:06] Yes.

[14:07] Dick Colts.

[14:08] Yes.

[14:08] Lisa Lundy.

[14:09] Yes.

[14:10] The bottom of the career is yes.

[14:12] We have a unanimous.

[14:13] The motion has passed.

[14:15] I think we should also put the conditions as part of the record of those act and read them.

[14:22] There's going to be underneath the motion he just wrote.

[14:26] There's a few conditions like to stay within the boundaries that we just described, et cetera.

[14:31] Pretty straightforward.

[14:32] I think we're good to go.

[14:36] So congratulations folks.

[14:39] Sorry for your loss and all you've all gone through.

[14:43] and good

[14:49] luck with your new project.

[14:56] OK.

[14:57] Oh, all right.

[15:01] Any other business to discuss? Nothing coming down the line on where some of you have already

[15:11] know about this, but this will be my last EVA meeting with all of you for some time. Took

[15:19] another opportunity, at least for the season. However, leaving you in good hands, my father

[15:25] and business partner, Jonathan Scheele, will be taking over from me.

[15:29] He has 25 years in planning and zoning experience, cities, villages, townships, and county level,

[15:38] Charlevoi County mostly.

[15:40] So he definitely, someone who's looking forward to working with all of you and being a resource for you.

[15:48] Okay.

[15:49] Well, thank you for your service.

[15:50] Well, you're here.

[15:51] You don't know if you'll be back or not?

[15:53] It depends on how November 3rd goes.

[15:56] Okay. Good luck.

[16:00] Good luck and thank you for your time.

[16:02] Yes, thank you.

[16:04] Okay, can I get out with that?

[16:05] I guess we can get a motion to adjourn.

[16:07] Motion to adjourn.

[16:08] Second.

[16:09] Second.

[16:09] All in favor.

[16:10] Hi.

[16:11] Hi.

[16:13] Yeah.

[16:13] Hello.

Elk Rapids (township), MI meeting

Transcript