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Zoning Board of Appeals Minutes - November 25, 2009

THE CHARTER TOWNSHIP OF CHESTERFIELD

ZONING BOARD OF APPEALS

November 25, 2009

On November 25, 2009, a regular meeting of the Chesterfield Township Zoning Board of Appeals was held at the Township Hall located at 47275 Sugarbush, Chesterfield Twp., MI 48047.

1. CALL TO ORDER: Chairman Stepnak called the meeting to order at 7:00 p.m.

2. ROLL CALL: Present: Marvin Stepnak, Chairman

Nancy Orewyler, Secretary Brian Scott DeMuynck, Township board liaison

Paula Frame, Planning Commission liaison

Gerald Blake

James Klonowski

Thomas Yaschen

Mr. Shawn Shortt from the Building Department did not attend the meeting that evening.

3. PLEDGE OF ALLEGIANCE:

Chairman Stepnak explained the procedures to the audience and introduced Mr. Tom Yaschen as the new member of the ZBA.

4. ZBA PETITION #2009-21: Bruce Binning, 47164 Forton, Chesterfield, MI 48047.

Requesting a 16.7’ rear yard setback variance for an attached awning over an existing porch in the rear yard. Location as stated above.

Petitioner stated that he installed a roof to cover his patio and did not realize that he needed to get a permit and a variance for it. He hired a builder to put it up who died a week later and now he was kind of stuck with this problem.

Mr. Blake stated that he had no problem with the variance.

Mr. Yaschen stated he had no problem with it.

Ms. Frame asked if the structure had been inspected?

Petitioner answered that he was told the variance had to be granted before the Building Department would come out to inspect it.

Chairman Stepnak stated that the board would only be considering the setback requirement and anything structurally wrong, it there is anything wrong, would have to be corrected. The ZBA cannot make any determination on the structure building wise.

Mr. Klonowski had no comments.

Ms. Orewyler asked if the contractor built his patio as well as the overhang?

Petitioner answered that the patio has been there for about 25 years. He just had a roof put over his deck.

Mr. DeMuynck asked how long the petitioner had owned the home?

Petitioner replied 23 years.

Mr. DeMuynck asked if the petitioner built the home?

Petitioner answered no it was an existing home. However, he put the second floor addition on to the home.

Mr. DeMuynck verified that the house was only a one-store when the petitioner purchased the home. He asked when the petitioner built the addition?

Petitioner answered about 18 years ago.

Mr. DeMuynck asked what about the garage?

Petitioner answered that the garage was built in 1975.

Mr. DeMuynck asked when the awning was built?

Petitioner stated it was built in August of this year.

Mr. DeMuynck asked when the petitioner was notified by Building and Zoning about the violation?

Petitioner answered that they showed up when the builder was putting the shingles on the roof?

Mr. DeMuynck verified that was in August?

Petitioner answered yes.

Mr. DeMuynck asked the petitioner why he was now just coming in front of the board?

Petitioner stated that it took that long because of all the time it took to get the paperwork he had to file

Public Comments

Mike Stern, 47121 Land Street, Chesterfield, MI 48047 addressed the board.

Mr. Stern asked if the petitioner planned to enclose the area with the awning over the deck? He also asked if the deck was there for 25 years why wasn't it on the drawing that was dated May 8th. He was kind of curious about that. He stated that he was not against the variance; he just could not see a reason to have an awning over the deck.

Petitioner stated that he did not plan to ever enclose the area between the awning and the deck. He stated that his home is 2400 square feet and both of his children are in college. He does not need the additional living space. He just built the deck to keep the sun off the deck and make the patio more usable.

Chairman Stepnak reminded the petitioner if something would happen and he wanted to enclose the patio area, he would need to get permits and everything would have to be in line before he could do that. He explained that at this point the board was looking at an awning. If they were looking at a complete enclosed structure the decision would be something they would analyze very carefully because it would be an addition to the home and there would be a lot of other issues. He stated that looking at the pictures he does not see any type of storage in that area. He asked the petitioner to verify the size of his home?

Petitioner answered 2400 square feet.

Chairman Stepnak asked if the petitioner ever planned to use the deck for any kind of storage?

Petitioner replied no. He stated that he does not like to keep things outside and he even rents an outside facility to store his snowmobiles.

Chairman Stepnak stated that if the variance was approved the board could put some type of stipulation in the motion that no type of storage or tarps would be allowed in the area. He asked if the petitioner would abide by those stipulations?

Petitioner answered yes and he would also agree with a stipulation that he would never enclose the area.

Dallas Burton, 47111 Land Drive, Chesterfield, MI addressed the board.

Mr. Burton stated that he did not remember a deck out there before about five years ago.

Chairman Stepnak stated that he understood where the neighbors were coming from in that they do not want the patio enclosed or the area be turned into a storage facility.

Motion by Ms. Frame to approve Petitioner # 2009-21 subject to the applicant obtaining an inspection for all structures that are currently in the back yard including the deck and the hot tub. She wanted the Building Department to make sure that permits have been pulled for these structures and that they all meet the Building Code requirements.

Supported by Mr. DeMuynck

Mr. Klonowski asked Ms. Frame for an addition to the motion that the patio area would not be enclosed and would not be used for storage.

Ms. Frame agreed with the addition to the motion

Mr. DeMuynck continued to support.

Ayes: All

Nays: None Motion Granted

5. ZBA Petition # 2009-22: Mike Boudos for Texas Roadhouse located at 27050 23 Mile Road,

Chesterfield, MI 48051. Requesting a variance for a temporary trailer (on-Site) to be used for the drop off location for "No Child without a Christmas" annual fundraiser. Also to make available the purchase of Texas Roadhouse Gift Cards to the public. Location stated above.

Mike Boudos, 27050 23 Mile Road, Chesterfield, MI 48047 addressed the board.

Petitioner stated that he was in front of the board representing Texas Roadhouse. He explained that once again he was there requesting a temporary trailer in front of their restaurant to sell gift cards and also be a drop off center for Goodfellows Toys, part of the "No Child Without a Toy for Christmas". He stated that they have done this for seven years in a row and this would be their eighth year. They would also like to continue doing this as long as Texas Roadhouse is at that location.

Mr. DeMuynck stated that he was all set and had no problem with it.

Ms. Orewyler stated that she also had no problem with this.

Mr. Klonowski stated the same.

Mr. Yaschen stated the same.

Ms. Frame stated that she had no problems with granting the variance.

Mr. Blake had no problems with it.

There were no public comments.

Chairman Stepnak stated that the board had a little discussion on this matter and because of the charitable nature of Texas Roadhouse and they hoped that there would be another way to handle this matter, possibly administratively, so that the organization would not have to pay the money to go before the board each year. This would be considered an ongoing charity and he stated before Mr. Boudos comes back next year, he should check with the Supervisor's Office to find the best way to approach this matter because he reiterated that it is costly to file a petition on this matter each year.

Motion by Mr. DeMuynck to approve Petition #2009-22 Texas Roadhouse for a temporary trailer to sell gift certificates and for the Chesterfield Goodfellows "No Child without a Christmas" toy drop off. He included in the motion that after this year Texas Roadhouse located at 27050 23 Mile Road, Chesterfield, MI would no longer need to come to the ZBA and would only need administrative approval from the Township Board regarding this matter as needed annually.

Supported by Mr. Blake

Ayes: All

Nays: None Motion Granted

6. OLD BUSINESS:

There was no old business.

7. NEW BUSINESS:

Mr. Leonard has gone on to the Planning Commission and the ZBA needed to elect a Vice-Chairman. He stated that they could think about the matter or elect someone that evening.

Ms. Frame stated she thought the decision should be made that evening.

Motion by Ms. Frame to appoint Mr. James Klonowski as Vice-Chairman of the Zoning Board of Appeals.

Supported by Ms. Orewyler

Mr. Klonowski accepted the nomination.

Ayes: All

Nays: None Motion Granted

8. APPROVAL OF MINUTES OF PRIOR MEETING:

Motion by Ms. Orewyler to approve the minutes from the October 28, 2009 meeting.

Supported by Mr. Blake

Ayes: All

Nays: None Motion Granted

9. COMMENTS FROM THE FLOOR:

Ms. Frame mentioned that the Planning Commission was reviewing Article 15 of the ZBA ordinances and considering some minor changes that will come before the Township Board by early next year.

Chairman Stepnak asked if they were considering the changes to the dimensions on plans?

She mentioned some changes would be made to dimensions on plans and also some jurisdictional changes and adding zoning for outdoor circuses and carnivals.

Chairman Stepnak asked if those items would be handled administratively or be handled by the ZBA.

Ms. Frame stated those items would still be handled by the ZBA. She also commented that there were some discussion suggesting time limits for when a Building Permits can be pulled after a variance was granted. So that a building permit would not be granted until 21 days after the minutes for that variance are approved in the event of any disputes on the matter.

There was a brief discussion on these matters.

10. ADJOURNMENT:

Motion by Mr. Blake to adjourn at 7:23 PM.

Supported by Mr. DeMuynck

Ayes: All

Nays: None Motion Granted

Nancy Orewyler, Secretary

Grace Mastronardi, Recording Secretary

 

 

 

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