Lakewood Board of Adjustment Public Hearing
Wednesday December 12, 2007, at 7:00 PM
Lakewood Town Hall
The purpose of the public hearing was to review the request by Superior Savings Bank for a variance to build on a 40-acre parcel that does not have road frontage.
Present: Chair Steve Geving, Kerry Leider, Ann Cutts, Zoning Administrator Brennan Mears, and Recorder David Gerhart. Members of the public were in the audience (see attached register).
Geving called the meeting to order at 7:05 PM. The Pledge of Allegiance was recited by all.
The minutes of the October 9 meeting were approved unanimously, with the correction that the survey of the Lauren Road was conducted in 1986, not 1996.
Mr. Johnson was present representing Superior Savings Bank. The forty acres in question is the fourth forty west of the McQuade Road and is currently accessible via the Radtke Road, although access could also be gained via the Cant Rd. Legal description is SW ¼ of NW ¼ of Section 12. A structure was built in violation of the ordinance in 2005. In addition the parcel has utilities installed (well, power, septic). Johnson stated that a purchase agreement is contingent upon granting of the variance. He also noted that the entire amount of land for sale is 50 acres, to be sold as two parcels, a ten and a forty. (Mr. Johnson did not provide the recorder with a copy of a covenant as required on page 49 of the Lakewood Zoning Ordinance.)
Mears stated that the lot was a nonconforming lot of record as defined in the Zoning Ordinance Article IV, Section 3.05. He said that access and easements were an issue. The Radtke Road ends 250 feet from its intersection with McQuade Road (near the Slanga property) and the road then becomes a private drive. There is also a cartway to the property known as the Phillips Road. Existing easements go to the third forty west of McQuade, but not to the fourth forty that is the property in question. Mears felt that a shared maintenance agreement would be needed for the driveway. Three property owners on the north side of the private drive would be impacted (Slanga, Massie, and Radtke). It was noted that Radtke Road is shifted slightly to the north, so property owners to the south would not be impacted. A driveway already exists to the 40-acre parcel in question.
Leider said that legal easements should be in place prior to the variance hearing and must be documented at the hearing, but Mears felt that such agreements could be a condition for granting the variance. Leider was concerned that there be no attempt to later turn the driveway into a public road. He also wanted more documentation to show that the lot is a lot of record, noting that if the 10-acre and 50-acre parcels were combined, the lot would not be a lot of record. Furthermore, both Leider and Geving were concerned about the number of homes to be served by a private drive because the Zoning Ordinance specifies that only two homes shall be served by a single driveway. Mears said that two or more dwellings could be served by a driveway if this serves the public health and safety. Fewer driveways are safer. Leider pointed out that there are two 40-acre parcels to the south of the driveway that may also be lots of record, so potentially the driveway could eventually serve more than three dwellings.
Mears also said he believes that there is legal access to the property via the Phillips cartway. No revocation order has been found for this cartway. Leider responded that the Board needs to see legal documentation of this access.
Motion by Leider to approve the variance request subject to the applicant providing acceptable documentation of an easement to the 40-acre parcel. The motion died for lack of a second.
Cutts said she would like to see more clarification on certain issues, either from the Town Board or from the Town Attorney.
Motion by Cutts to recess the variance hearing until 7:00 PM Wednesday the 19th of December pending clarification from the Town Board or Attorney regarding: 1) the number of homes that can be served by a private drive, and 2) the legality of the Phillips Road cartway as a means of access to the property. Second by Leider. Motion carried and the hearing was recessed at about 9:00 PM.
Respectfully submitted,
David Gerhart