City Council

Armada Township ZONING BOARD OF APPEALS 23121 E. Main Street, P.O. Box 578 Armada, Michigan 48005 Telephone: (586) 784-5200 Facsimile: (586)784-5211 ZONING BOARD of APPEALS MINUTES Monday, September 9, 2024 7:00 p.m. 1) CALL TO ORDER: Chair Hicks Called the meeting to order at 7:06 p.m. 2) PLEDGE OF ALLEGIANCE: Hicks led the Pledge of Allegiance 3) ROLL CALL: Members present – Chair Hicks, Board Liaison Goetzinger, Kehrig, Moegle, Xagoraris. Members Absent: None. Also Present: Cris Martin, Recording Secretary. 4) APPROVE / AMEND AGENDA: Motion by Kehrig, second by Goetzinger, to approve the agenda as presented. All Ayes, Motion Carried. 5) APPROVAL OF MINUTES: Motion by Goetzinger, second by Kehrig, to approve the minutes of the August 26, 2024, meeting as presented. All Ayes, Motion Carried 6) PUBLIC HEARING: Daniel L’Homme 21272 33 Mile Rd Pond Variance - Motion by Kehrig, second by Goetzinger, to open the public hearing at 7:08 p.m. All Ayes, Motion Carried. Hicks invited the applicant to describe their project. Mr. L’Homme read a letter to the board outlining his reasons for requesting a variance, identifying the property as a long-term cattle ranch, and referencing research that concludes that trampling by animals over long periods compacts the soil, negatively impacting the ground’s ability to absorb water. His property soil is clay and his plot is at a 20 foot lower elevation than his neighbors to the west. He and his three neighbors to the east are all lower elevation and all experience flooding. This causes significant issues with mosquitos, impacting their ability to enjoy the property. A pond will also provide a source of water for fire department use in the event of a fire. He finished by noting that his neighbor to the east was in attendance and fully supported his request to dig the pond, as it will help him as well. Kehrig noted that Public Hearing publishing and adjacent property notifications documentation was provided. Public Comments: Bill Taylor 21330 33 Mile Rd stated he lives next door to the east and he cannot cut his grass for at least two weeks after a rain, earlier this summer, his grass was over two feet because he couldn’t get a mower in there. A pond will help with drainage on both properties, so if Mr. L’Homme needs to move the pond closer to his lot line, he is ok with it. Motion by Kehrig, second by Goetzinger, to close the public hearing at 7:24 p.m. All Ayes, Motion Carried. 7) NEW BUSINESS: a) Daniel L’Homme 21272 33 Mile Rd Pond Variance – The request is to grant 40 ft variances from the front and both side property lines to allow the applicant to dig a pond in his front yard. Kehrig reviewed the 5 standards that must be met to grant the variances. Deliberation suggested that if he can move the pond 40 ft east to eliminate the west side variance, shorten the length by 20 ft and move it south 20 ft (or shorten the length by 40 ft), this would result in only one variance being needed. 1) the strict enforcement does cause practical difficulty by depriving the owner of the ability to use his property due to flooding. 2)  The topography of the area is unique in that all nine surrounding properties to the west and north have ponds, and are 20’ higher elevation, causing his and his neighbor’s property to flood regularly. 3) The conditions were not caused by him or the previous owner. 4) Granting the variance will not confer special privileges that are denied others similarly situated, as all nine of the properties to the north and west have ponds. 5) Granting the variance will not be contrary to the spirit of the ordinance, as it will help, not hurt his neighbor. As amended, Motion by Kehrig, 2nd by Goetzinger, to grant an 80-foot east side setback variance from section 2.13.c of the zoning ordinance for 21272 33 Mile Rd for a pond because the applicant met the five standards of Section 18.02.3 and it will benefit the neighbor to the east. All Ayes, Motion Carried. 8) PUBLIC COMMENTS: None 9) ADJOURNMENT: Motion by Kehrig, 2nd by Goetzinger to adjourn at 8:00 p.m. All Ayes, Motion Carried. Respectfully submitted: Cris Martin Recording Secretary Approved: ______________________________________________ ___________________ Gail Hicks, Chairperson Date