Lakewood Board of Adjustment Public Hearing
Tuesday January 15, 2008, at 7:00 PM
Lakewood Town Hall
The purpose of the public hearing was to review the renewed request by Superior Savings Bank for a variance to build on a 40-acre parcel to the west of Radtke Road that does not have road frontage. A previous request had been denied on December 19, 2007, because of lack of proper documentation.
Present: Chair Steve Geving, Dick Bodine, 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 7:20 PM. The Pledge of Allegiance was recited by all.
Motion by Cutts, second by Geving, to approve the meeting minutes from December 19, 2007. Carried unanimously.
Mears then reviewed the variance appeal to build on the 40-acre parcel (see minutes of December 19, 2007, for more details), pointing out that easements on the Radtke Road overlap the Phillips cartway. The Phillips cartway provides legal access to the property but is not a public road, so no easements are needed to access the property. A mobile home, now removed, had been on the 40-acre parcel, and a septic system exists on the property. A barn is located on the 10-acre parcel to the east of the 40-acre parcel, and this parcel is to be sold together with the 40-acre parcel. However, the 10-acre parcel is not a buildable lot because, having been split off from another 40-acre parcel, it is not a lot of record.
A road maintenance agreement was presented to the Board (see attached) that included the signatures of Patrick and Jamie Bruckelmyer and Clint and Sarah Massie. It was stated that the road maintenance agreement extends from the property all the way to McQuade road. Sue Radtke questioned the agreement because not all property owners on the cartway, herself included, had signed the agreement. She said that 66 feet of the cartway easement is on her property. Mears replied that the cartway constitutes a public ingress/egress so that anyone, including Radtke, can use it for whatever purpose they may have in mind, including logging trucks. Furthermore, the signees (Bruckelmyers and Massies) have agreed to maintain the cartway at their expense.
Mears proposed two changes to the road agreement: 1) In the third paragraph that begins with WHEREAS, the phrase “at this time” should be eliminated, and 2) In the paragraph beginning with NOW THEREFORE, the phrase “until such time that the Town of Lakewood assumes said responsibilities” should be eliminated.
There was also discussion about including an item from the Zoning Ordinance, Article VI, Section 1.01, J 3 b (4), in the road agreement.
A discussion followed about the setbacks to be required for any structures to be built on the 40-acre parcel. A 125-foot setback was agreed upon, but whether that setback should apply to the south, east, west, or all three of the parcel’s boundaries was in question. The Phillips cartway runs on the south side of the parcel, but if Cant Road were extended and improved, it would border the west side of the parcel. Bodine wanted to know how the setbacks are determined for a corner lot, and Mears replied that it would depend on the shape of the parcel as well as the major and minor roads that border the parcel. Bodine said he was more concerned about the west than the east side of the parcel for setback requirements.
Motion by Cutts, second by Bodine, to approve the variance with the following conditions:
1) Prior to filing the approved variance, the road agreement shall be modified to include the following changes:
a) Article VI, Section 1.01, J b (4) from the zoning ordinance shall be included in the agreement.
b) In the third paragraph of the agreement that begins with WHEREAS, the phrase “at this time” shall be eliminated so that the sentence shall read, “WHEREAS the Town of Lakewood is not desirous of maintaining or repairing said road, and the said Town of Lakewood is insisting on the parties maintaining and repairing the road before it is willing to grant a building permit to the Grantors.”
c) In the paragraph beginning NOW THEREFORE, the latter part of the sentence shall be deleted as described above so that the sentence shall read, “NOW THEREFORE the Grantors hereby agree with the Town of Lakewood that they will maintain and repair said road.”
2) When a building permit is issued, the setbacks for structures on the 40-acre parcel shall be 125 feet from both the south and the west boundaries.
Motion carried unanimously.
Motion by Cutts, second by Bodine, to adjourn the public hearing. Carried unanimously. The meeting was adjourned at approximately 8:30 PM.
Respectfully submitted,
David Gerhart