REGULAR MEETING October 13, 2003 6:30 P.M. _____________________________________________________________________________
PITTSFIELD TOWNSHIP ZONING BOARD OF APPEALS MINUTES ______________________________________________________________________________ Members Present: Robert Grosshans, Edward Resha, Ishwar Naik and Alayna Stagg and Kenneth Brostrom
Members Absent: None
Others Present: Marilyn Burhop, Linda Klenczar, Martin Villa, Ruth Villa, Barb Brendtke, Lee Jasinski, Steve Leitz, , Hanna Kandah, Nicki Banush, R. S. Banush, Chene Harrison, Mark Pascoe, Sue Pascoe, Sandra Stanford, David Rotar, Irene Myers, Philip Pucillo, Zoning Administrator Mark Spencer and Marge Burkheiser, Recording Secretary
1.0 Call Meeting to Order/Determination of a Quorum
Chairperson Naik called the meeting to order at 6:30 p.m. A quorum was present.
2.0 Approval of Agenda
Motion by Member Brostrom, supported by Member Grosshans, to approve the agenda, as presented.
MOTION CARRIED
3.0 Communications and Announcements
None.
4.0 Items from the Floor
Chairperson Naik explained the procedures that will be followed for the audience.
There were no items from the floor.
5.0 Old Business
5.1 ZBA 03-07 Hanna Kandah [submitted requests a variance in order to receive a building permit] (east of Warner Road on South Green Hill Road, Section 34)
Hanna Kanda, applicant, stated he left the last meeting [September 17, 2003] with the understanding to return with a proposal for the road to receive approval for the variance request to build a house.
Steve Leitz, 6944 S. Greenhills and representing the Timberview Association, Acting President, stated he has a quote for maintenance work on S. Greenhill, from mailbox location 7033 to 7241. He read the proposal and provided a copy for the Members stating the cost would be $26,840.
Chairperson Naik asked if the road width would be increased from 20 feet to 24 feet, with three (3) inches of gravel added to the entire section of road, on both sides.
Member Grosshans asked if two (2) feet would be added on each side of the road.
Steve Leitz stated yes [to both questions].
Members, Staff and Mr. Leitz discussed previously provided photos of the road and the areas of the proposed work up to the "tee".
Zoning Administrator Spencer asked if there would be any improvements to the "tee" turn around area.
Steve Leitz stated the "tee" area was not part of the proposal, but it could be considered as part of the proposal.
Zoning Administrator Spencer stated that typically the Township would ask for the road width to be the same for the "tee", so there is enough room for a fire truck to turn around. He also asked how Mr. Leitz would guarantee this work would be done.
Steve Leitz stated he was not sure how he could guarantee the work to be finished. He was hoping to have it finished before winter but it would depend on the contractor, otherwise the road will be finished the Spring [of 2004].
Zoning Administrator Spencer asked if the total depth would be ten (10) inches for the entire road.
Steve Leitz replied that he was not sure, but with the additional gravel added he felt the entire section of road would be ten (10) inches, and the new section would match existing road. Chairperson Naik asked if Atwell-Hicks made these recommendations.
Steve Leitz replied "basically". He further added that the Township said the road should be a "Class B" road. He also said the base of the road was in good condition.
Zoning Administrator Spencer related some past history concerning the road, stating this was a substandard gravel road that was built some time during the late 1970's with local materials. He said the road may or may not have been built to Township standards and that the condition of the road may have been caused by the lack of maintenance. He also said there have not been any real problems with the road.
Chairperson Naik asked if there is some type of maintenance agreement.
Steve Leitz replied yes, we contract for snow removal and whatever is necessary as an on going maintenance program.
Member Brostrom suggested postponing until next meeting to give time for staff to write a resolution and to resolve the details with the applicant. He said at the present time he could not agree to this proposal.
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Kanhah requested the members to accept Steve's [Leitz] word that the road work will be done. He also said he has been trying to build on this lot since 2000 and would like this finalized.
Steve Leitz asked if the questions concerned the "tee".
Member Stagg stated she also felt a time table was necessary to approve the request. She also said that if a proposal could be completed, in two weeks, it would be acceptable.
Member Resha stated the proposal was dated September 22, 2003 and was valid for 30 days. He asked if the proposal was accepted yet and whether it was possible to include an estimate on the addition of the "tee".
Steve Leitz stated he was not sure what is being required and that the "tee" is really more like a 90 degree turn with a path on the other side.
Zoning Administrator Spencer stated that there would need to be ample room for a fire truck to maneuver. He offered to talk with the Fire Marshal to see what is required for this. He also suggested a 50 foot turning circle instead of a "tee".
Members, Staff and Steve Leitz discussed options for the "tee", the condition of the road; along with a 50 foot turning circle.
Chairperson Naik stated that if the Board received a firm proposal, in the next two weeks, a permit could be issued for the home.
Zoning Administrator Spencer replied once the variance was approved, a permit could be issued.
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Kandah restated his position and said that he would like the variance for the road approved and to receive a building permit.
Motion by Member Brostrom, supported by Member Stagg, to postpone ZBA 03-07 Hanna Kandah, for two (2) weeks, to give the senior planner time to firm up the details for the road and the turn around and to make a final decision in two weeks [at the next meeting, October 27, 2003].
ROLL CALL VOTE:
YES Grosshans, Brostrom, Stagg, Resha and Naik NO None ABSENT None
MOTION CARRIED (passed)
6.0 New Business
6.1 ZBA 03-08 Jasinski [requests a variance to use existing non-conforming road for access for 7465 Fosdick Road, parcel #L-12-33-100-041]
Zoning Administrator Spencer reviewed his report and stated the applicant wishes to have the ZBA approve the driveway existing with minor improvements as the approved access road.
Lee Jasinski, applicant, stated the road currently does not meet the standards of a "Class A" or "B" road, but has been in use since 1971. He said he has a proposal to improve the road by adding a 12 foot gravel lane. He said that in the future part of the road would be improved to a "Class A" road. He also said he did not feel the proposed minor improvements required going to the Washtenaw County Road [WCRC] for approval.
Zoning Administrator Spencer stated that the parcel needing access is in an R-1A district which requires a "Class A" road for access. He said in an AG District a "Class B" road would be acceptable. He discussed the specifications for a "Class B" road. He also stated this issue has been to the ZBA previously when the applicant appealed the Zoning Administrator's decision that they needed access of an approved road. This is a request for a variance to allow access via a road that would be built to a lower standard.
Member Grosshans asked about the road to the north of this area depicted on the plan provided by the applicant.
Zoning Administrator Spencer stated this road is not involved in request. He said that before the road is constructed, approvals from WCRC and WCDC would be needed.
Chairperson Naik and Member Brostrom questioned the applicant about the status of the road and the about the proposed road.
Lee Jasinski stated that the road was built as instructed by a previous Board. The road was constructed as instructed. When this was done, two building permits were issued. Later the administration changed and one lot is no longer buildable. He said he is trying to resolve this situation by making minor improvements to the road. He further said that to remove the road and rebuild it as a "Class A" road would cost more then the lot is worth. He also said that this road was approved by a previous ZBA board about 6 years or so ago. He said he was told that if the road was paved and some driveways were constructed he would be allowed two lots with access.
Member Grosshans asked if the applicant has a copy of the action and stated he has been a ZBA member for about 10 years and did not remember this road coming before the Board.
Zoning Administrator Spencer related past history for the area reviewing comments from his report for ZBA 03-07 Curran concerning the driveway.
Member Stagg stated in 1996 a building permit was previously issued but has since expired.
Chairperson Naik invited comments from the audience.
Linda Klezczar of 7239 Hunters Ridge Court which abuts the vacant land in Hunter's Pond/Ridge stated she was told in the past the vacant area in back of her property would permanently remain a greenbelt. She said that in the past year all the brush has been removed and she felt the reason it was done was to get a "Class A" road to increase density in the area. She also said that if that was permitted, headlights would come into her home. She said she is opposed to this variance.
Ruth Villa, property owner along the existing driveway, stated they were never advised of work that was done in 1996-1997, that they were never notified by the Township. She stated the property was bought 32 years ago and they have maintained the driveway all this time.
Russ Banush, 7235 Remington Court, with his wife Nicki, stated when the area was developed it made no sense to have access from Hunter's Ridge. They proposed access from Fosdick for emergency use and to cut down traffic through Hunter's Ridge, but the idea was not acceptable to the Planning Commission or Board of Trustees at that time. He also said he was told by Jack Williams (former Builder and Zoning Administrator) that there was a 100 foot buffer on his property that was to remain undeveloped. This private drive was there 13 years ago to allow access to the existing homes. He said the applicant did not put in the road but may have paved it. He also said he did not think the WCRC would accept this road as a "Class A" road.
Member Resha asked how far the greenbelt was to go.
Russ Banush stated he thought it was a 100 fee and added he thought they now wanted to develop this section and put in a road and add five homes.
Marilyn Burhop, 7207 Steepchase Drive, stated she was concerned that a substandard road would be permitted in this area. She said she was concerned about the wetland in the area and felt the [Washtenaw County] Drain Commissioner would need to be involved. She further said this is just a driveway and the Board should not encourage another builder to enlarge and make this problem worst. She also stated she knew of the greenbelt area and that there are drainage problems in Hunters Ridge.
Member Grosshans believed there were two different things being discussed.
Chairperson asked everyone to keep their comments to the road in question.
Philip Pucillo, 7451 Fosdick, stated he was the first home on the private drive and if this private road is going to be expanded, wondered which way would it go.
Lee Jasinski stated this road was not put in behind anyone's back and there was an agreement made with everyone on the road at the time. He said everyone living there, at the time, agreed to have the road paved.
Chairperson Naik asked for clarification, whether the road width would be expanded to the south.
Lee Jasinki replied yes.
Dave Rotar, 471 Hunters Crest Drive, stated that the key to remember is that this is a non conforming road and he asked how a decision could be made without the [Washtenaw County] Road Commission (WCRC).
Zoning Administrator Spencer stated the Township does allow private roads and there are two classes that are similar to the old [WC]RC standards. He said this has never been considered a public road by the Township or the [WC]RC. He also said an easement was granted by the Villa’s for three (3) or four (4) lots. He said that as Zoning Administrator he determined the lot splits for the Jasinski property occurred after 1988 and thus the road needs to be built to current standards.
Member Grosshans asked how many houses are on the property.
Ruth Villa stated she knew driveway was grandfather but knew would have a difficult in the future.
Members agreed there are currently four (4) houses with a possible fifth.
Motion by Member Brostrom, supported by Member Resha, ZBA 03-08 Jasinski, petition for a variance be denied.
ROLL CALL VOTE YES Grosshans, Brostrom, Stagg, Resha and Naik NO None ABSENT None
MOTION CARRIED (denied)
7.0 Zoning Administrator’s Report
None.
8.0 Member's Report
None.
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Secretary’s Report
None.
10.0 Chairperson’s Report
None.
11.0 Approval of Prior Minutes
11.1 Minutes of July 28, 2003
Motion by Member Resha, supported by Member Stagg, to approve the minutes of July 28, 2003, as presented.
MOTION CARRIED
11.2 Minutes of September 17, 2003
Motion by Member Resha, supported by Member Stagg, to approve the minutes of September 17, 2003, as presented.
MOTION CARRIED
12.0 Adjournment
Motion by Member Resha, supported by Member Stagg, to adjourn the meeting.
MOTION CARRIED
Chairperson Naik adjourned the meeting at 7:45 p.m.
________________________________________________________________________ s/Alayna Stagg, Secretary October 27, 2003
