Lakewood Board of Adjustment Meeting
May 8, 2008
Call to Order: Chair of the Lakewood Board of Adjustment, Steve Geving, called the meeting to order at 7:05 p.m. on 5-8-08 at the Lakewood Town Hall.
Present: Board of Adjustment members: Steve Geving, Ann Cutts, Kevin Bovee, Dick Bodine, James Rich and alternate, Kerry Leider. Also present: Zoning Administrator Brennan Mears, Deputy Clerk Gene Bromenshenkel and general public (register attached).
Purpose of Meeting: To hold two public hearings for hearing variance requests from: 1) Wendy Robertson-to review and clarify language of a variance granted in December, 2007 and 2) to hold a recessed hearing from March 19, 2008 for Loren Johnston.
Review of Minutes from previous meetings:
- March 19, 2008 Board of Adjustment Public Hearing on variance appeal of Loren Johnston. Motion by Jim Rich to approve the minutes as printed. Second by Dick Bodine. Motion Carried.
- May 1, 2008 Board of Adjustment Public Hearing for Salfer variance appeal. Motion by Cutts to approve the minutes as printed. Second by Bodine. Motion Carried.
Wendy Robertson Public Hearing
- Clarification of language for conditions from a variance granted on 12-12-07.
Zoning Administrator Brennan Mears recommends a change in special condition #1. His recommendation is that by changing the language, the condition will be clearer. Recommendation: “The original 20 acre parcel cannot be divided beyond two ten acre parcels”. Motion by Jim Rich to amend the variance granted on 12-12-07 to add as a second special condition to read: “The original 20 acre parcel cannot be divided beyond two ten acre parcels”. Second by Bodine. Motion Carried.
Motion by Leider to adjourn the Robertson Hearing at 7:39 p.m. Second by Cutts. Motion Carried.
Loren Johnston Public Hearing – Recessed from March 19, 2008
The Public Hearing recessed from 3-19-08 was reconvened at 7:40 p.m. on 5-8-08.
Present: Board of Adjustment members, Zoning Administrator, Deputy Clerk, applicant Loren Johnston and Attorney Ken Butler.
Zoning Administrator Brennan Mears reviewed the purpose of the variance request. Mears reviewed Attorney Butler’s opinion about Moose Mt. Drive. He reviewed the letter sent by Butler to the Township on 4-23-08. Two questions were addressed in the letter---1) Access question and 2) when a lot is a buildable lot. Butler Commented on the two questions:
1) On Access Question---Massachusetts Avenue was dedicated to public use in the Dodge plat formation. A dedicated street constitutes a legal cart way which is a public road according to state statutes. Therefore, the public can use the road. Lakewood’s Zoning Ordinance defines a cart way as a private drive and that no more than two lots can be served by a private drive. According to the Ordinance specifications, a private driveway cannot be more than 32 ft. in width. Massachusetts Avenue is 60 ft. in width. Thus the driveway can serve two improved lots.
Leider: It appears that there are six existing lots utilizing Massachusetts Avenue.
Mears: Suggests that the Township could define through the variance process, a joint use of the existing Massachusetts Avenue of 60 ft. width for up to 10 parcels.
Rich: We are here to hear a variance request to build on a parcel.
Motion by Jim Rich to approve the variance request of Loren Johnston. Second by Bodine: Discussion on motion: Leider: Supports the motion. Has a concern about the driveway issue; how other property owners are affected. Rich: Here to address the variance request, not for all of Moose Mountain. Jerry Larson: Owns ˝ mile of property along the road of Massachusetts Avenue. The Avenue has been treated separately on each side of Moose Mountain. Feels that Moose Mountain should be considered one road.
Zoning Administrator Mears: The road has been viewed as one road with six homes.
Question arose on Johnston property as to whether or not it is a lot of record. It was clarified that it is a lot of record.
Leider: Brought possible concern of road maintenance.
Motion by Jim Rich to amend the motion to recommend that a road association be formed. Second by Bodine. Motion Carried to grant the variance.
Motion by Jim Rich that the Board of Adjustment recommend that the Zoning Commission investigate the number of homes allowable on a private drive under the existing Ordinance language. Second by Cutts. Motion Carried.
Mears informed the Board that a request has been made for an oversize structure variance.
Motion by Rich to adjourn the meeting at 8:35 p.m. Second by Cutts. Motion Carried.
Respectfully Submitted;
Gene Bromenshenkel
Town of Lakewood Deputy Clerk