Regular Meeting of the Board of Zoning Appeals

MINUTES REGULAR MEETING OF THE BOARD OF ZONING APPEALS Thursday, April 2, 2026 6:30 PM Village Hall – 21 East Church Street, Lake Orion, MI 48362 (248) 693-8391 ext. 102 1. Call to Order The Thursday, April 2, 2026 Regular Meeting of the Lake Orion Board of Zoning Appeals was called to order by Chairperson Mathisen at 6:30 p.m. 2. Roll Call and Determination of Quorum PRESENT Chairperson Brad Mathisen Vice Chairperson Raymond Putz Board Member Henry Lorant Board Member Mary Chayka-Crawford ABSENT Secretary Brenton Bailo STAFF PRESENT Village Planning and Zoning Coordinator Sommer Nafal Laura Mangan, McKenna Recording Secretary Danielle Smith 3. Approval of Agenda Board Member Lorant moved, Board Member Chayka-Crawford seconded, to approve the April 2, 2026 regular meeting agenda of the Board of Zoning Appeals, as presented. AYES: Mathisen, Lorant, Chayka-Crawford, Putz NAYS: None ABSENT: Bailo MOTION: Carried 4. First Hearing of the Public None. 5. Approval of Minutes A. Approval of BZA Minutes – December 4, 2025 Board Member Lorant moved, Board Member Chayka-Crawford seconded, to approve the December 4, 2025 regular meeting minutes of the Board of Zoning Appeals, as presented. AYES: Mathisen, Lorant, Chayka-Crawford, Putz NAYS: None ABSENT: Bailo MOTION: Carried 6. BZA Preface Chairperson Mathisen reviewed the meeting procedures. 7. Public Hearing A. Public Hearing: A-26-001 (356 Oak Lane) Dimensional Variance Request Board Member Lorant moved, Board Member Chayka-Crawford seconded, to open the public hearing for case A-26-001 concerning the requested dimensional variance for an accessory mechanical unit located at 356 Oak Lane at 6:32 p.m. AYES: Mathisen, Lorant, Chayka-Crawford, Putz NAYS: None ABSENT: Bailo MOTION: Carried Elyse Barry, applicant, 356 Oak Lane, Lake Orion, MI 48362, presented the request and was available to answer any questions of the Board. Board Member Lorant moved, Board Member Mathisen seconded, to close the public hearing for case A-26-001 concerning the requested dimensional variance for an accessory mechanical unit located at 356 Oak Lane at 6:34 p.m. AYES: Mathisen, Lorant, Chayka-Crawford, Putz NAYS: None ABSENT: Bailo MOTION: Carried 8. Action Items A. A-26-001 – 356 Oak Lane Dimensional Variance Request The applicant is proposing to install a standby whole-house generator in the required street front yard. This lot has a street front yard and a lake front yard. As proposed, the installation of the generator in the required street front yard would make the use nonconforming. The location of the proposed generator would require one (1) variance from the standards of the zoning ordinance. The applicant is requesting the following variances from the Zoning Ordinance: ARTICLE 13, GENERAL PROVISIONS, SECTION 13.11.E - ACCESSORY MECHANICAL UNITS Location: Required: Any yard other than the required front yard Proposed (ex): Front yard (street) Variance: Front yard (street) Laura Mangan, McKenna, gave a synopsis of the request, reviewed the findings of fact and was available to answer any questions of the Board. FINDINGS OF FACT 1. Strict compliance with restrictions governing area, setback, frontage, height, bulk, density or other non-use matters will unreasonably prevent the owner from using the property for a permitted purpose or will render ordinance conformity unnecessarily burdensome.  Strict compliance with side/rear yard placement is unnecessarily burdensome due to the lot having two front yards and no rear yard, a narrow width (40 ft), and required safety clearances.  Placement in a side yard is impractical and could conflict with electrical code requirements and the manufacturer’s clearances. 2. The variance will provide substantial justice to the applicant as well as neighboring property owners.  Locating the generator in the proposed street front yard location increases separation from adjacent homes and reduces potential impacts compared to side yard placement. 3. The variance requested is the minimum variance needed to provide substantial relief to the applicant and/or be consistent with justice to other property owners.  The requested variance is the minimum necessary to allow reasonable use of the property for a permitted purpose (safe operation of a standby generator). 4. The need for a variance(s) is due to unique circumstances peculiar to the property and not generally applicable in the area or to other properties in the same zoning district.  The proposed location of the generator is effectively screened from the street and neighboring properties due to grade differences, a retaining wall and existing vegetation. 5. The problem and resulting need for the variance has been created by strict compliance with the zoning ordinance, and not by the applicant or applicant’s predecessors; it is not self-created.  The hardship is not self-created; it results from ordinance constraints and site conditions rather than actions of the applicant.  6. Granting the variance will not impair the public health, safety, comfort or welfare of the inhabitants of Lake Orion.  Granting the variance will not negatively impact public health, safety or welfare and may reduce impacts on neighboring properties compared to a compliant location. Board Member Mathisen stated that the survey provided in the packet does not match the survey that was submitted with the application. Ms. Barry clarified that one survey was for the street near her property while the other was a survey of her home. MOTION Board Member Mathisen moved, Board Member Lorant seconded, to approve the variance for 356 Oak Lane, Parcel #09-02-301-004, per the findings of fact as listed in page four of the McKenna letter. AYES: Mathisen, Lorant, Chayka-Crawford, Putz NAYS: None ABSENT: Bailo MOTION: Carried B. Discussion of the BZA Bylaws, Including Article V: Order of Business The Zoning Board of Appeals has requested to review the current bylaws and begin a discussion of updating them. The existing bylaws were adopted on December 7, 2023. Board Member Mathisen shared that he would like the order of business changed to see public hearings incorporated within the cases the Board reviews. MOTION Board Member Mathisen moved, Board Member Chayka-Crawford seconded, to direct staff to revise the Board of Zoning Appeals Bylaws, including Article V: Order of Business, based on discussion. AYES: Mathisen, Lorant, Chayka-Crawford, Putz NAYS: None ABSENT: Bailo MOTION: Carried 9. Unfinished Business None. 10. Second Hearing of the Public None. 11. Board Member Comments Board Member Lorant wished everyone a Happy Easter.  Board Member Putz wished everyone a Happy Easter. Board Member Chayka-Crawford thanked the village planners for all they do. Board Member Mathisen wished everyone a Happy Easter. Additionally, Board Member Mathisen shared that he does not believe the Board packet is referencing current village codes and asked the village planners to investigate further. Lastly, he shared that annual training is a requirement listed in the Board of Zoning Appeals Bylaws and would like the Board to be given training opportunities. Planner Mangan asked Board Member Mathisen if he was looking for training opportunities to be conducted at the village or hosted by various organizations off site. Board Member Mathisen stated that he would prefer the training be held at the Village Hall. Board Member Mathisen asked if there were any potential zoning ordinance amendments the Board should be aware of. Planner Nafal shared that a public hearing is scheduled for the April 6, 2026 Planning Commission meeting for zoning ordinance amendments to Sections 13.11 and 13.17 related to recreational vehicle parking. Board Member Putz asked for a copy of the village’s strategic plan. Planner Nafal shared that the strategic plan is an agenda item for the April 6, 2026 Planning Commission meeting. Additionally, she shared that all comments regarding the strategic plan are incorporated in the Planning Commission packet. 12. Next Regular Meeting – May 7, 2026 13. Adjournment Board Member Lorant moved, Board Member Mathisen seconded, to adjourn the meeting at 6:55 p.m. AYES: Mathisen, Lorant, Chayka-Crawford, Putz NAYS: None ABSENT: Bailo MOTION: Carried ________________________ ________________________ Dr. Brenton Bailo Sonja Stout Secretary Village Clerk/Treasurer ______________________ Danielle Smith Recording Secretary Date Approved: