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Lakewood Board of Adjustment Meeting

Variance Public Hearing

August 9, 2006

Board of Adjustment Public Hearing on Wednesday, August 09, 2006 at 7 p.m. at the Lakewood Town Hall to hear a request for a variance from the Town’s Zoning Ordinance.

Call to Order:  Chair of the Board of Adjustment, Steve Geving, called the meeting to order at 7:17 p.m.

Present:  Board of Adjustment members Steve Geving, Len Johnson and Larry Peak.  Also present: Zoning Administrator Brennan Mears, Recorder Shannon Ostazeski, applicant Craig Hartman and general public (register attached).

The Pledge of Allegiance to the United States of America was recited by all present.

Zoning Administrator Report Brennan Mears:  Craig Hartman applied for a building permit on 40 acres of land off of the Cant road.  There is no road frontage.  There is issue with the Cant road not being an official road.  The county says it is an unapproved road and they are giving the landowners culverts and mailing addresses.  My recommendation would be to get in writing from the county that it is a legal road.  The lot was split off in 1980, which means it is under our ordinance and therefore is not a non-conforming lot on record as we had thought earlier.  Page 48 of our ordinance says that the only way you can build on your land is for me to receive more detail and more design criteria.  Legal Description of Property:  NE1/4 of NW1/4 of Section 13, T51N, R13W.  The street address is on Cant Road.

Hartman:  Who is liable for this road if someone gets hurt on it?

Johnson:  The County needs to own up to that road otherwise the Township could end up having to take care of it. 

Johnson:  He has no road frontage, which complicates things.  The intent of this ordinance on this was to keep from getting little lots. 

Mears:  He can build on his land if he gives us a subdivision plan. 

Hartman:  Why should I give you plan if I cannot break up that land? 

Johnson:  We have been burnt so many times that we have to require this. 

Larson:  Are there other homes on that private drive?

Mears:  It has been recognized in the past as a private drive but according to the County it is an unapproved road.

Johnson:  We have to have something in writing from the county. 

Hartman:  What is the time frame for this?

Mears:  We have to wait for the county.

Geving:  That property never had road frontage even before it was broken off.  The whole 120 was landlocked.

Recessed for 5 minutes.

Meeting continued at 8:05. 

Mears:  My recommendation is we deny the variance and we work on the road issue with the county.  After that we can construct a Planned Residential Development.  We are calling this area a FAM-2 but since there is a stream it is a FAM-5 and therefore the setbacks are smaller. 

Larson:  We need to be careful that what we get from the county is rock solid. 

Geving:  There is nothing in the file as being received from mail.

Mears:  Jim Quade contacted me a few times.

Motion by Peak to deny the permit due to the fact that it the parcel was developed after 1973.   Second by Johnson.

Vote:  Motion passes all in favor.

Larson:  Page 95 on Road standards for PRD the Town Board does need to get involved.

Motion to adjourned by Johnson.  Seconded by Peak.  Meeting adjourned at 8:15.

 

Respectfully Submitted,

Shannon Ostazeski

Township Recorder

 

                                           

                                                        

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Last modified: 02/28/08