MINUTES

BOARD OF ZONING APPEALS

February 6, 2006

7:00 P.M.

 

Board Members Present:      Dennis Haas, Chairman

Nicholas Reynolds, Vice Chairman

Phyllis McKean

Dale Riggenbach

Pan Aslanides

 

Alternate Board Member:    Floyd Fernandez

 

Trustee(s) Present:               Todd D. Bosley

           

Zoning Inspector:                  Keith Lasure

 

Purpose:

 

Kathleen Saeger – Requesting a Conditional Zoning Certificate for a home occupation to do custom embroidery and monogramming

 

Toby Bosley – Requesting two (2) variances on Lot #50, which will require a lot split.  Mr. Bosley is requesting 72–1/2’ at the foundation instead of the required 80’.  This is the setback requirement per Section 702.3 of the Nimishillen Township Zoning Resolution.  The property is located on Apple Street.

 

Chairman Dennis Haas opened the meeting at 7:00 P.M. and introduced the Board of Zoning Appeals, Alternate Board member Floyd Fernandez, Zoning Inspector Keith Lasure, Township Secretary Sharon Shaub, and Trustee Todd Bosley.  Mr. Haas swore in everyone in attendance by asking them to swear that the information they were about to present, either in oral or written form, was true and accurate to the best of their knowledge.  The people responded by stating, “I do”.

 

FIRST CASE:

 

Kathleen Saeger of 4991 California Ave. NE, Louisville, stepped to the podium and stated she purchased a custom embroidery machine to do fundraisers for schools, do orders from her web site and craft shows.  She said a store in town, All Through the Home, would be carrying some of her items.

 

Phyllis McKean asked Ms. Saeger if there would be traffic in/out of her home.  Ms. Saeger said maybe occasionally but 98% of the business would be her delivering to places.  Mrs. McKean also asked if she was planning on putting a sign out or doing any type of advertising.  Ms. Saeger said she might advertise in the Louisville Herald and possibly put up a sign.  Zoning Inspector, Keith Lasure, said she is allowed a 2 x 2 sign.

 

Trustee Todd Bosley said he has known Kathleen for some time and is in favor of the home business.  

 

With no correspondence received at the township office and no one else to speak either for or against the request for a home occupation, Mr. Haas asked for a ballot vote.

 

Nicholas Reynolds motioned for a ballot vote, seconded by Phyllis McKean.  All voted yes.  Motion carried.  Voting went as follows: Nicholas Reynolds, Yes; Pan Aslanides, Yes; Dale Riggenbach, Yes; Phyllis McKean, Yes and Dennis Haas, Yes

 

Chairman Haas stated the request for a Conditional Zoning Certificate for a home business was APPROVED and instructed Ms. Saeger to make arrangements with Mr. Lasure to pick up her permit.

 

SECOND CASE:

 

Toby Bosley of 6240 Apple Street NE, Louisville, stepped to the podium and stated the property he is requesting variances for is the property next to his residence located on the south side of Apple Street.  He stated his intention is to build two homes.  He said he does have 145’ of frontage and 208’ in depth.  There is sewer but he said he would only have 72–1/2’ per lot instead of the required 80’.

 

Dennis Haas asked the Board if they had any questions.  Mr. Haas asked if the lot width at the road is 72–1/2’ as well.  Mr. Bosley said yes – the lot is 145’ x 208’.  Mr. Haas then asked about front yard depth.  Mr. Bosley said the house would sit between 40’ to 50’ off the road and said he also has plenty of room in the rear yard.  Mr. Haas asked how wide the house would be from the side of the house to the lot line.  Mr. Bosley said 11.25’.

 

Dennis Haas said the minimums would be met with plenty of room to spare and said ultimately it comes down to the lot width at the building line – a shortage of 3’9” on each side of the house.

 

Nicholas Reynolds asked if the houses would be spec homes, and Mr. Bosley said he would build them and then sell them.

 

Dale Riggenbach asked who the builder would be.  Mr. Bosley stated either Ken Schalmo or Homes by Ashley.  The homes will be single story with three (3) bedrooms and 2–1/2 bathrooms.

 

There was no one in the audience to speak either for or against the variances.  Keith Lasure said there was one response – this person stating he requested permission to build on split lots and said the zoning inspector turned him down.  Mr. Lasure said this was not a correct statement  - that had this resident requested it – he would have been offered the same courtesy

that Mr. Bosley was offered.  Mr. Lasure said this person never contacted him about this nor applied for a variance.

 

With no further discussion, Mr. Haas asked for a ballot vote. 

 

Phyllis McKean motioned for a ballot vote, seconded by Pan Aslanides.  All voted Yes.  Motion carried.  Voting went as follows: Phyllis McKean, Yes; Nicholas Reynolds, Yes; Dale Riggenbach, Yes; Dennis Haas, Yes and Pan Aslanides, Yes.

 

 

Chairman Haas stated both variances were APPROVED and instructed Mr. Bosley to make arrangements to meet with Mr. Lasure to get his permit.

 

Old Business:

 

Dale Riggenbach asked about Mr. Corns’ Conditional Zoning Certificate for his home business.  Discussion followed.

 

New Business:

 

Dale Riggenbach questioned Mr. Lasure about a sign at 6025 California and one at or about 5085 California.  The one at 6025 California is in the township and Mr. Lasure said he would check on it.  The sign at 5085 California does have a permit.  Discussion followed.

 

Approval of Minutes:

 

Nicholas Reynolds motioned to approve the Minutes, as written, from January 9th, 2006, seconded by Dale Riggenbach.  All voted yes.  Motion carried.

 

Organizational Meeting:

 

Phyllis McKean motioned to appoint Nicholas Reynolds as Chairman, seconded by Dennis Haas.  All voted yes.  Motion carried.

 

Phyllis McKean motioned to appoint Dale Riggenbach as Vice Chairman, seconded by Dennis Haas.  All voted Yes.  Motion carried

 

Phyllis McKean motioned to appoint Dennis Haas as Secretary, seconded by Nicholas Reynolds.  All voted yes.  Motion carried.

 

Dennis Haas suggested keeping the meetings the first Monday of each month at 7:00 p.m., with adjustments made as necessary for holidays or any other special arrangements.  The Board agreed.

 

Adjournment:

 

Phyllis McKean motioned to adjourn, seconded by Dale Riggenbach.  All voted yes.  Motion carried.  The meeting adjourned at approximately 7:20 p.m.

 

 

            __________________________________

                                                                        Nicholas Reynolds, Chairman

 

 

                                    __________________________________

                        Dennis Haas, Secretary

 

Zoning Board of Appeals Minutes Folder:  2006, February 6th ZBA Minutes.doc