Lakewood Board of Adjustment Meeting
Tuesday, July 10, 2007 at 7:00 p.m. Lakewood Town Hall
Call to order: Board of Adjustment chair Steve Geving called the meeting to order at 7:13 PM.
Present: Chair Geving, members Kerry Leider and Ann Cutts, Zoning Administrator Brennan Mears, Recorder David Gerhart, and public (see attached register). Town Supervisor Chuck Campbell was in the audience.
Pledge of Allegiance: The Pledge of Allegiance to the flag of the United States of America was recited by all present.
Election of chair: Geving said that because this was the first meeting since the Town Reorganization, it was necessary to elect a chair for the board. Cutts nominated Geving, second by Leider. Motion carried.
Minutes of March 6, 2007 meeting: Motion by Cutts to approve the minutes, second by Leider. Motion carried.
7:00 PM Public Hearing
The purpose of this hearing was to hear a request from Wendy Robertson of 2801 Lauren Road for a variance to construct a home on a lot without road frontage. Mears stated that the 40-acre parcel is in MUNS4 and was purchased in January of 1972. Robertson has a warranty deed, and may apply for the variance based on page 48, Section J3A of Lakewood's zoning ordinance. The lot is a Lot of Record having been purchased prior to the 1973 requirement for road frontage. She does not need an easement to access the property, and there is currently a cul de sac that serves as a turnaround.
Robertson stated that she wants a second dwelling on her 40 acres, that her Lot of Record meets the requirements of the ordinance for a variance, and that her driveway would not serve more than 2 dwellings.
Leider brought up the question of her maintaining ownership of the property. Could she sell 20 acres to another individual, thus creating a new non-conforming lot? Given that the request is for a second dwelling, what are the implications?
Mears stated that she could have legally done this when she bought the property because there was no road frontage requirement at that time.
Leider proposed that a limiting condition be that only 2 dwellings be allowed on the parcel.
Mears pointed out that normally a parcel without frontage would need an easement, and he proposed that the minimum setback for any new house or structure on this lot be 125 feet from any of the parcel's property lines, as this is the standard setback for the zone district.
Dianne Narum of Roberg Road expressed concern about the location of the driveway. However, Mears said that the driveway location is not restricted by our ordinance. Narum produced a document that Mears said was the road order creating Lauren Road.
There followed considerable discussion about the adequacy of the cul de sac as a turnaround for fire trucks and emergency vehicles. Cutts said that the board can set conditions on the variance.
Geving summarized the 3 conditions that would be attached to the variance: 1) That the 40-acre parcel will not be divided into more than 2 parcels; 2) That any new dwelling will be constructed with a 125-foot setback from any property line; and 3) That Robertson will cooperate with the Town to develop standards for a turnaround that will be adequate for emergency, public safety, and maintenance vehicles.
The question was raised whether other landowners on the road should be involved in maintaining the turnaround. Robertson said that her driveway was gated in summer when she was not home but was not gated in winter to allow for plows to turn around.
Motion by Leider to approve the variance with the three conditions. Second by Cutts. Motion carried, and the variance was granted.
Lakewood Board of Adjustment Meeting
Tuesday, July 10, 2007 at 7:00 p.m.
Lakewood Town Hall
8:00 PM Public Hearing Public Hearing
Call to order: Board of Adjustment chair Steve Geving called the meeting to order at 8:30 PM.
Present: Chair Geving, members Kerry Leider and Ann Cutts, Zoning Administrator Brennan Mears, Recorder David Gerhart, and public (see attached register). Town Supervisor Chuck Campbell was in the audience.
The purpose of this hearing was to hear a request from Bill Ulland, represented at the hearing by the engineering firm Krech-Ojard and Associates, to construct a driveway within the shoreland area of the Lester River with access from North Tischer Road. Scott Stempihar was at the meeting representing Krech-Ojard. The potential buyer of the property is Louise Friday who would like to build a home on the property. Sale of the property is contingent on the outcome of the variance hearing.
Mears stated that the parcel has the required frontage and acreage, but that to construct the driveway for access to a building site, it would be necessary to encroach on the required setback from the Lester River. This setback is 150 feet. Driveway setbacks are the same as for structures in shoreland/wetland zones. There is no problem with setbacks for the dwelling, only the driveway. Topographical features, especially steep slopes, limit where the driveway can be placed. Mears and R.C. Boheim from the Soil and Water Conservation District (SWCD) walked the property and determined that following the contours of a ridge along the river would be the best option, even though there would be some encroachment on the river setback.
Geving asked if the DNR Division of Waters received prior notification of the variance request. Mears said no. Campbell and Leider pointed out that granting a variance would not supercede or negate DNR and SWCD requirements. However, the township can ask to see approvals from appropriate state and other agencies prior to granting a permit.
Stempihar said that the closest the driveway would get to the river is about 120-125 feet. Mears stated that the Town must give access to a property that has the appropriate acreage and road frontage for the zone district.
Geving read a letter (see attachment) from Matt Whitehill opposing the variance request. The letter expressed concern about the impact on trout populations and housing density.
Geving stated that any variance affecting shoreland must go to the Division of Waters before Lakewood holds a hearing. Cutts agreed and suggested tabling the decision. Mears stated that he could walk the property with a representative from the DNR to get an opinion. Others expressed interest in walking through the site. Campbell suggested that the variance could be approved pending written approval from the DNR, but Geving said that the DNR may be able to provide pertinent information to the township relating to the variance request.
Motion by Cutts to recess the variance hearing until July 26th or until more information is available from the DNR. Second by Leider.
Discussion: The Board members felt that more documentation was needed relative to the environmental concerns. Geving stated that the two agencies that need to be contacted are the Division of Waters and State Fisheries and that correspondence from these agencies would be required. A letter from R. C. Boheim of SWCD would also be requested.
Campbell asked if there would be a driveway plan available from Krech-Ojard. Stempihar said that this would come only after the variance was approved.
Cutts emphasized the potential environmental impact of a 1300-ft driveway in close proximity to the Lester River.
The motion carried and the meeting was recessed until 7/26/07.
Respectfully submitted,
David Gerhart