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[00:00:13]

>> [MUSIC] I FORGOT TO DO THE WHOLE INTRODUCTORY THING FOR THE MEETING.

IT WAS JUST LIKE OKAY-

>> WE'RE GOING TO START NOW.

>> -WE'RE JUST GOING TO START NOW.

>> A COUPLE OF MINUTES.

>> THEY TOOK MY GAMBLE.

I DON'T HAVE A GAMBLE.

>> YOU HAVE A GAMBLE?

>> IT'S ON RECORD.

>> NO, I'LL SPARE THEM THE GAMBLING.

>> WE OPEN DAYS BEFORE THEY COMMISSION.

>> YOU NEEDED THAT?

>> [INAUDIBLE].

[Items 1 & 2]

>> WELL, IT'S 06:30 ON MY CLOCK.

I WILL OFFICIALLY CALL THIS MEETING TO ORDER.

WELCOME TO THE TOWNSHIP OF MERIDIAN ZONING BOARD OF APPEALS MEETING.

TODAY IS WEDNESDAY, SEPTEMBER 8TH, 2021, AND IT IS 6:31 NOW.

UP FIRST, WE WILL TAKE A LOOK AT THE AGENDA AND A MOTION THERE.

ANYBODY READ AND LOOKED IT OVER? MEMBER PHIL FOSTER?

>> SUPPORT.

>> SUPPORTED BY [LAUGHTER] MEMBER HENDRICKSON.

I'M GETTING BACK IN MY GRIP I'M MUCH BETTER ON ZOOM.

>> [INAUDIBLE].

>> I KNOW. THAT'S WHY I'VE GOT THEM WRITTEN DOWN.

THIS WAS A BRIAN BUSHEE TRICK.

I'VE GOT THEM WRITTEN DOWN IN FRONT OF ME.

IS THERE ANY DISCUSSION ON THE AGENDA OR ANYTHING TO ADD? IN THAT CASE, WE'RE GOING TO GO AHEAD AND VOTE ON TO APPROVE THE AGENDA. MEMBER SHORKEY?

>> YES.

>> MEMBER FIELD-FOSTER?

>> YES.

>> MEMBER HENDRICKSON?

>> YES.

>> MEMBER OPSOMMER?

>> YES.

>> THE CHAIR VOTES YES. THE AGENDA IS PASSED.

[3. CORRECTIONS, APPROVAL AND RATIFICATION OF MINUTES]

I KNOW THIS IS EXCITING STUFF.

WE WILL MOVE ON TO [LAUGHTER] THE CORRECTIONS APPROVAL, RATIFICATION OF THE MINUTES FOR WEDNESDAY, AUGUST 25TH, 2021.

>> I HAVE A CORRECTION ON THE MINUTES.

>> OKAY. MEMBER FIELD-FOSTER, GO AHEAD.

>> OH SHIT. ON THE ADJOURNMENT, SECTION 10.

I JUST WANT TO CORRECT THAT CHAIRMAN MANSOUR, WAS NOT HERE AT THAT MEETING.

>> I WAS NOT.

>> I CLOSED OUT AND ADJOURN THE MEETING AT 7:02.

>> OKAY. NOTED. WE WILL HOPE THAT OUR LOVELY MINUTES' TAKER HERE WILL NOTIFY THAT.

ON THAT CASE, WE DO NOT APPROVE THE MINUTES.

IS THAT CORRECT, OR WE CAN APPROVE WITH THAT AMENDMENT?

>> THE AMENDMENT.

>> OKAY.

>> THAT IS A MOTION TO APPROVE BY MEMBER HENDRICKSON.

>> ACTUALLY, SORRY. I WAS JUST [INAUDIBLE].

>> OH, IT'S OKAY.

>> I'VE GOT ONE MORE AS WELL, WHICH IS WE MISSED A HYPHEN IN MEMBER FIELD-FOSTER'S NAME IN SECTION 9.

>> [INAUDIBLE] HAVE EAGLE-EYES THERE.

>> HE BROUGHT THAT UP BEFORE.

>> [LAUGHTER] THIS BATTLE OF-

>> HYPHENS AND-

>> - GRAMMAR AND HYPHENS HAS GOTTEN VERY INTENSE.

NOTED, FIELD-FOSTER HAS A HYPHEN.

WITH THAT AMENDMENT DO WE HAVE A MOTION TO PASS THE MINUTES FROM WEDNESDAY [LAUGHTER] AUGUST, 25TH? SOME WERE APPROVED BY MEMBER FIELD-FOSTER, SECONDED BY MEMBER HENDRICKSON, AND WE WILL GO AHEAD AND VOTE ON THOSE MINUTES. MEMBER SHORKEY?

>> YES.

>> MEMBER FIELD-FOSTER?

>> YES.

>> MEMBER HENDRICKSON?

>> YES.

>> MEMBER OPSOMMER?

>> YES.

>> THE CHAIR VOTES YES. MINUTES ARE ACCEPTED.

[4. COMMUNICATIONS]

THAT BRINGS US TO COMMUNICATIONS.

WE HAD ONE COMMUNICATION AND OUR PACKET THIS WEEK REGARDING THE CASE WE WILL BE HEARING A NEW BUSINESS.

[NOISE] IS THAT SOMETHING WE NEED TO DISCUSS ANY FURTHER, ANYONE?

>> NO.

>> OKAY. IT WAS A MESSAGE OF APPROVAL FOR THE VARIANCE THAT HAS BEEN REQUESTED FOR OUR NEW BUSINESS MEETINGS THIS EVENING.

[NOISE] IN THAT CASE,

[6.A. ZBA CASE NO. 21-09-08-1 (Kliewer), 5118 Park Lake Road, East Lansing, MI, 48823]

WE HAVE NO UNFINISHED BUSINESS, WE WILL MOVE DIRECTLY INTO NEW BUSINESS, WHICH BRINGS US TO ZBA CASE NUMBER 21-09-08-1.

>> KLIEWER?

>> KLIEWER.

>> KLIEWER.

KLIEWER 5118, PARK LAKE ROAD, EAST LANSING, MICHIGAN 48823.

WITH THAT, I WILL TURN IT OVER TO MR. CHAIRMAN.

>> GOOD AFTERNOON. THE APPLICANT IS REQUESTING A VARIANCE FROM SECTION 86373E5A, FRONT YARDS, WHICH STATES THE FRONT YARD SETBACK IS 100 FEET FROM THE CENTERLINE OF THE RIGHT AWAY ON PARK LAKE ROAD.

THE CURRENT 15,22 SQUARE FOOT SINGLE-FAMILY DWELLING UNIT,

[00:05:03]

THE APPLICANT IS LOOKING TO ADD A 1,260 SQUARE FOOT ATTACHED GARAGE TO THAT DWELLING UNIT.

AT ITS CLOSEST POINT, THE SINGLE-FAMILY HOME IS APPROXIMATELY 74 FEET FROM THE CENTERLINE OF PARK LAKE ROAD.

ACCORDING TO OUR RECORDS, THE HOME WAS CONSTRUCTED IN 1947, WHICH THE APPLICANT HAS OWNED SINCE 2017.

OUR ORDINANCE MAP DESIGNATES THE STREET SETBACKS OF PARK LAKE ROAD AS A MINOR ARTERIAL STREET WITH A FRONT YARD SETBACK OF 100 FEET FROM THE CENTERLINE OF THAT STREET.

THE PROPOSED 1,260 SQUARE FOOT GARAGE ADDITION IS LOCATED ON THE SOUTH SIDE OF THE EXISTING HOME, AND AT ITS CLOSEST POINT WILL BE APPROXIMATELY 75 FEET FROM THE CENTERLINE OF PARK LAKE ROAD.

A VARIANCE OF 25 FEET IS REQUESTED.

ALSO, THERE IS A SEPARATE SECTION OF OUR ORDINANCE THAT ALLOWS THE ZONING BOARD OF APPEALS TO ESTABLISH A FRONT YARD SETBACK.

SECTION 86561 STATES THAT ANY FRONT YARD IN ANY SINGLE-FAMILY RESIDENTIAL DISTRICT MAY BE REDUCED BELOW THE MINIMUM REQUIRED ONLY WHEN THE FRONT YARDS OF THE EXISTING PRINCIPLES STRUCTURES ARE WITHIN 200 FEET OF THE PROPOSED PRINCIPLED BUILDING LOCATION ARE LESS THAN THE REQUIRED MINIMUM.

THE APPLICANT HAS PROVIDED A MAP IN THE PACKET THAT SHOWS SOME OF THE APPROXIMATE EXISTING SETBACKS THAT ARE WITHIN THE IMMEDIATE AREA IN RELATION TO THE SUBJECT PROPERTY.

THE ZONING BOARD OF APPEALS, IF IT SO CHOOSES, CAN ESTABLISH THAT FRONT YARD SETBACK FOR THIS PROPERTY UNDER THIS SECTION, WHICH [NOISE] BYPASSES THE NEED FOR A VARIANCE. WITH THAT, THAT'S ALL I HAVE.

>> IS THE APPLICANT OR REPRESENTATIVE FOR THE APPLICANT HERE? IF YOU'D LIKE TO COME UP TO THE LECTURE AND JUST STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN ADD ANYTHING YOU'D LIKE TO ADD.

>> [INAUDIBLE] 5118 PARK LAKE ROAD, EAST LANSING.

I THINK, KEITH, SUMMARIZES IT PRETTY WELL.

I'D LIKE TO BUILD AN ATTACHED GARAGE NEXT TO MY HOUSE.

NO CLOSER TO THE STREET THAN MY HOUSE ALREADY IS.

THE 10 HOUSES TO THE NORTH AND THE TWO HOUSES TO THE SOUTH ARE ALL ABOUT THE SAME 75-80 FOOT SETBACK AS MY HOUSE SO IT WON'T BE OUT OF THE ORDINARY.

MY GARAGE, I CAN'T BUILD IT BEHIND MY HOUSE, FOR INSTANCE, BECAUSE THERE'S A FLOOD PLAIN IMMEDIATELY ABOUT 10 FEET BEHIND MY PROPERTY, SO THIS IS THE ONLY SPOT WHERE A GARAGE WOULD WORK.

I THINK THAT'S ALL I HAVE UNLESS YOU HAVE ANY QUESTIONS FOR ME.

>> OH, WE DO.

>> SURE.

>> MEMBER, FIELD-FOSTER, HAS A QUESTION.

[NOISE]

>> THE MEASUREMENTS THAT YOU INCLUDED ON THIS MAP, HOW DID YOU GET THOSE?

>> ARE YOU TALKING ABOUT THE MEASUREMENTS FROM THE ROAD TO THE HOUSE?

>> FROM THE ROAD TO THE HOUSES WITH ALL OF THE HOUSES THAT YOU-

>> WITH THE NEIGHBORING HOUSES.

>> WITH THE NEIGHBORING HOUSES.

>> OH, I JUST GOOGLE MAPPED IT, AND JUST APPROXIMATED IT FROM THE GOOGLE MAPS SCALE.

SO IT'S JUST ITS APPROXIMATION, IT'S NOT EXACT.

>> OKAY. THAT'S ALL I HAVE.

>> OKAY.

>> ANYONE ELSE FOR REVIEW? IF YOU'D LIKE TO STICK CLOSE BY.

[LAUGHTER] YOU'VE GOT TO STAND UP THERE FOR A MOMENT, THAT'LL BE HELPFUL IN CASE WE DO HAVE QUESTIONS.

ANYBODY WANT TO GET STARTED? [INAUDIBLE]

>> THANK YOU. A QUESTION FOR KEITH, WHICH IS, FIRST OF ALL, CAN YOU CONFIRM THE RELATIVE ACCURACY OF THE MAP PROVIDED BY THE APPLICANT?

>> I SAID APPROXIMATION, SO I WOULD SAY YES.

I CAN PULL UP BIS AND GIVE YOU ANOTHER APPROXIMATION, IF YOU WOULD LIKE TO COMPARE IT TO.

>> I ASSUMED THAT IN THE PREPARATION WE WOULD SEE WHETHER OR NOT THIS WAS FROM THE TOWNSHIPS FROM STEP [OVERLAPPING]

>> MY MEASUREMENTS OF THE HOUSE IS YES, FROM BIS.

>> OKAY.

>> OKAY.

>> IF YOU COULD PLEASE GIVE ME A SENSE, KEITH, OF THE ALTERNATE, I WANT TO UNDERSTAND THE ALTERNATE OPTION A LITTLE BIT BETTER HERE.

IT SOUNDS AS THOUGH WHAT YOU'RE SUGGESTING IS THAT SO LONG AS THE SURROUNDING HOUSES ARE RELATIVELY CONSISTENT WITH THE PART OF THE PROPERTY [NOISE] IN QUESTION, IN TERMS OF FRONT YARD SETBACK, THAT ZONING BOARD OF APPEALS CAN, IN ITS DISCRETION.

WE'VE THE FRONT YARD SETBACK IN THIS CASE SPECIFICALLY, FOR THIS PROPERTY OR CREATE A NEW FRONT YARD SETBACK, I SHOULD SAY, THAT IS BASICALLY, WHERE THE BUILDINGS ARE CURRENTLY.

IS THAT AN ACCURATE ASSESSMENT OF WHAT YOU'VE-

>> THAT'S CORRECT.

>> OKAY. THAT DOESN'T EXTEND TO THE PROPERTIES ON EITHER SIDE.

[00:10:03]

THIS IS JUST A SINGLE CASE BASED ON THE PROPERTIES NEARBY.

>> JUST THOSE PROPERTIES.

>> THERE'S NO WAY TO SAY, OKAY, WE RECOGNIZE THAT ALL THESE PROPERTIES ARE 75 FEET, NOT A 100 FEET.

THEY'RE ALL NON-CONFORMING BY THE FRONT YARD SETBACK STANDARDS, AND THEREFORE WE CAN'T JUST SAY ALL OF THEM ARE 75 FEET NOW.

>> CORRECT. YOU HAVE TO DO A WHOLE ZONING ORDINANCE AMENDMENT IN ORDER TO DO THAT.

>> OKAY. BUT WE ARE SETTING A PRECEDENT BY DOING THIS HERE, AND SAYING THAT, WE RECOGNIZE THAT ON PARK LAKE, 75 FEET IS THE STANDARD IN THIS AREA BASED ON THE HOUSES NEARBY.

THEREFORE, WE SET THE FRONT YARD SETBACK TO BE X, WHATEVER IT IS FOR THIS PROPERTY.

I'M JUST TRYING TO THINK THROUGH WHAT THEIR FUTURE RAMIFICATIONS OF MAKING THIS DECISION MIGHT BE.

EVERY NEIGHBOR NOW ON PARK LAKE THEORETICALLY, COULD COME TO US AND SAY, HEY, I WANT TO BUILD A GARAGE, I WANT TO DO THIS.

YOU TOLD THEM, 75 FEET WAS OKAY.

I DON'T KNOW HOW MUCH WE'RE BOUND BY OUR PREVIOUS DECISIONS LIKE THAT, BUT THAT'S SOMETHING THAT WE WOULD BE SAYING BY APPROVING THIS.

>> RIGHT. EACH ENTITY WOULD HAVE TO COME TO US INDIVIDUALLY AND REQUEST THAT, BUT I GUESS I DON'T KNOW IF IT WOULD HOLD UP AS PRECEDENT, BUT YEAH.

>> OKAY.

>> WE CAN STILL IMPROVE [INAUDIBLE].

>> SURE.

>> WE CAN STILL SAY, WELL, I THINK WE CAN FIND SOME OTHER STANDARDS.

I GUESS RELATING TO THE MAP AGAIN, THE ORDINANCES, OH, I'M SORRY. DID I INTERRUPT YOU?

>> THAT'S OKAY. GO AHEAD.

>> MEMBER SHORKEY, I JUST WANT MAKE SURE THAT [OVERLAPPING] WE'RE GOOD FOR MINUTES [LAUGHTER]. OKAY, GO AHEAD.

>> PRINCIPAL STRUCTURES WITHIN 200 FEET, DOES THE MAP PROVIDED BY THE APPLICANT COVER THAT RADIUS? BECAUSE IT'S NOT CENTERED.

IF YOU LOOK AT THE MAP, THERE'S FIVE MEASUREMENTS GOING NORTH, AND THEN THERE'S TWO MEASUREMENTS GOING SOUTH ON THAT SIDE, ON THE SAME SIDE OF THE ROAD.

THERE'S ONE DIRECTLY ACROSS THE STREET, AND THEN THERE'S TWO ON THE OTHER SIDE OF THE STREET TO THE SOUTH AND NOTHING TO THE NORTH.

I JUST WANT TO MAKE SURE THAT EVERYTHING WITHIN 200 FEET IS BEING CONSIDERED BECAUSE I SEE IT VERY PRETTY STRAIGHTFORWARD.

WE CAN THEN CALCULATE AN AVERAGE, AND THAT'S WHAT IT'S GOING TO ASK US TO DO.

>> THE AVERAGE OF ALL OF THESE NUMBERS IS 70.8.

>> CORRECT.

>>YEAH.

>> HERE, IF YOU CAN SEE, LET ME REMOVE THIS FOR YOU [OVERLAPPING].

>> WE DON'T SEE ANYTHING.

>> GOT YOU.

>> CAN I ADD SOMETHING?

>> YES, MR. [INAUDIBLE].

>> THERE'S NO OTHER HOUSES ACROSS THE STREET THERE BECAUSE THAT'S WARDCLIFF.

[OVERLAPPING] THE BACKYARD BASICALLY, OF WARDCLIFF, SO THERE'S SOCCER FIELDS THERE.

>> I WILL JUST SAY, MEMBER SHORKEY, TOO AS THE APPLICANT JUST MENTIONED THERE'S THE SOCCER FIELDS THERE.

[OVERLAPPING] [LAUGHTER] THEY ARE ALL AT THE ROAD.

NOT AT THE ROAD, SORRY, THEY'RE ALL AT THE SAME DISTANCE.

VISUALLY, THEY APPEAR TO BE PRETTY SYMMETRICAL.

I WOULD SAY, YOU'RE RIGHT.

WITHIN THAT 200 FEET RANGE, I THINK WE'RE IN THAT.

>> I'M NOT QUESTIONING THAT PHILOSOPHICALLY, I GUESS, I'M TRYING TO GET TO KNOW.

>> IF WE CAN FIND A NUMBER FOR THE SETBACK.

>> YES. RIGHT.

>> I THINK, I WILL JUST SAY THAT THE ONLY PROBLEM I HAVE WITH FINDING THE AVERAGE NUMBER FOR THAT SETBACK, IS THAT IF WE LOOK AT THIS AS THIS IS JUST AN INDIVIDUAL CASE AND IF WE DID COME UP WITH A DIFFERENT NUMBER WHERE WE DO HAVE DIFFERENCES THERE, AGAIN, WE'RE GOING TO HAVE TO GO THROUGH THAT WHOLE APPLICANT APPROVAL OF VARIANTS PROCESS AGAIN.

YOU MAY BE LOOKING AT A DIFFERENT NUMBER THEM.

>> THAT IS CORRECT. EACH PROPERTY IS GOING TO HAVE A SLIP WITH DIFFERENT CALCULATION.

>> RIGHT. KEITH. MR. KEVIN.

>> YEAH. JUST TO INTERRUPT REAL QUICK.

DID WE OPEN THE PUBLIC HEARING BY CHANCE?

>> [OVERLAPPING].

>> I DON'T THINK THOSE WORDS WERE UTTERED.

>> WE'VE BEEN IN BOARD TIME FOR A FEW MINUTES [LAUGHTER]. I'M SORRY.

BOARD TIME BEGUN WHEN WE TOOK OUR FIRST QUESTION FOR MR. KEITH, FROM MEMBER FIELD-FOSTER.

REMEMBER I UNDERSTAND TO DO ANOTHER.

>> TO REMEMBER SHORKEY'S QUESTION ALSO.

THIS PARCEL IS 133 FEET IN LENGTH FROM SOUTH TO NORTH,

[00:15:01]

SO REALLY, WE'RE LOOKING AT MORE OR LESS ONLY ONE OR TWO PROPERTIES.

[OVERLAPPING]

>> THANK YOU.

>> MEMBER FIELD-FOSTER.

>> I DON'T KNOW IF THIS GOES TO MR. CHAPMAN OR MAYBE ONE OF OUR BOARD MEMBERS MAY KNOW THE ANSWER TO THIS BECAUSE AS WE'RE TALKING ABOUT EITHER CHANGING THE ORDINANCE FOR THIS ONE HOUSE OR AT LEAST THE PRESERVATION AS IT IMPACTS THIS ONE HOUSE VERSUS DOING A VARIANCE FOR THIS ONE HOUSE, I'M STRUGGLING TO UNDERSTAND WHAT THE BENEFIT OF ONE VERSUS THE OTHER IS ULTIMATELY GOING TO BE IF WITH EVERY OTHER HOUSE, THEY'RE STILL GOING TO HAVE TO COME BACK AND ASK FOR A CHANGE.

>> I WOULD SAY THE DIFFERENCE TO ME THAT I SEE IS THAT, FIRST AND FOREMOST, WE DON'T HAVE TO MEET THE CRITERIA.

THE E CRITERIA, IS THAT CORRECT, MR. CHAPMAN?

>> YEAH.

>> WE CAN DO THIS WITHOUT MEETING OUR E CRITERIA.

THE SECOND ADVANTAGE I THINK THAT I SEE TO THIS OPTION VERSUS THE GRANTING THE VARIANCE IS THAT THIS SETBACK THEN STAYS WITH THE HOUSE.

WHEREAS THE VARIANCE ALSO [OVERLAPPING] STAYS WITH HOUSE, BUT THEY DON'T HAVE TO COME BACK TO THE BOARD, TO THE ZBA TO CHANGE ANYTHING ELSE, AS LONG AS IT'S WITHIN THAT SETBACK THAT WE'VE SET UP.

>> I THINK THE CRITERIA BASICALLY, WE DON'T HAVE TO MEET THE CRITERIA TO GIVE THEM [OVERLAPPING]

>> I THINK THAT'S TRUE. [OVERLAPPING]

>> WE DON'T HAVE TO MEET THE CRITERIA [OVERLAPPING]

>> I GUESS WHEN I WAS LOOKING THROUGH THE CRITERIA FOR THIS, ONE OF THEM THAT I STRUGGLED WITH, WHICH I THINK WOULD HELP US IN DECIDING WHICH PATH TO FOLLOW HERE WAS CRITERIA NUMBER 7. [OVERLAPPING]

>> I AGREE.

>> WHICH IS THE GENERAL OCCURRENCE IN NATURE.

NOW, I PROBABLY COULD MAKE A CASE FOR NUMBER 7 IN THIS CASE SIMPLY BECAUSE OF THE FLOOD PLAIN AND THE ELEVATION DROP-OFF BEHIND THE HOUSE.

WITHOUT REALLY DIGGING INTO THE PROPERTIES IN THAT AREA, I WOULDN'T KNOW IF THAT WOULD BE THE CURRENT OR GENERAL.

BUT IF YOU REMOVE THE FLOOD PLAIN AND THE ELEVATION DROP OFF FROM THIS PARTICULAR PROPERTY.

THIS APPARENTLY IS HAPPENING ALL THROUGHOUT PARK LAKE.

ALL DOWN PARK LAKE ROAD, I SHOULD SAY.

I WOULD GENERALLY THINK IT WOULD BE CLEANER FOR US TO SET A SETBACK IN THIS ONE PROPERTY AND THEN SET THAT FOR ANY NEIGHBORS THAT NEEDED IT AS TIME WENT BY.

HONESTLY MY BIGGEST CONCERN IN SETTING A SINGLE USE SETBACK HERE IS, WE'RE MAKING STAFF'S LIFE A LIVING NIGHTMARE DOWN THE ROAD WHEN THEY'VE GOT FIGURE THAT ALL OF THE INDIVIDUAL THINGS SET BY US, BUT THEY'RE DOING THAT WITH VARIOUS REASONS.

LET'S CHOOSE THE PROCESS THAT'S CLEANER AND THAT I THINK IT'S GOING TO ALLOW US TO HONESTLY SAY, WE MAY NOT BE ABLE TO MEET CRITERIA 7, BUT WE BELIEVE THAT GIVEN THE NATURE OF THE NEIGHBORHOOD, GIVEN THAT THIS IS A GRANDFATHER IN NEIGHBORHOOD, THEY'RE ALL 75 FEET BACK, LET'S JUST SET IT AT 75 FEET.

>> MEMBER FIELD-FOSTER.

>> I WOULD DEFINITELY AGREE WITH THAT.

WHEN I WAS COMING IN, I LIKED THE ALTERNATIVE OPTION.

I THINK WHERE I ACTUALLY GOT HUNG UP IN THE CRITERIA WAS WHEN I READ THIS WAS A SECOND GARAGE.

I WAS MORE INCLINED, IF YOU HAVE A GARAGE OR IF YOU DIDN'T HAVE A GARAGE TO SAY THAT WAS A PRACTICAL DIFFICULTY VERSUS YOU WANTED TO PUT UP A SECOND GARAGE AND THAT BEING A PRACTICAL DIFFICULTY.

THAT OPTION TO ACTUALLY CHANGE THE SETBACK WOULD GET ME THE DIRECTION I WANTED TO GO.

I'M FINE WITH THAT. I THINK I WON'T FOLLOW-UP.

[OVERLAPPING] MR. CHAPMAN, HOW DO WE GO ABOUT DOING THAT? I MEAN, IS IT JUST BASICALLY DOING A MOTION TO SAY THAT WE WANT TO ESTABLISH THE SETBACK AT WHAT EVER NUMBER WE COME UP WITH? ARE THERE ANY PARTICULAR CONDITIONS?

>>NO. IT'S AS SIMPLE AS YOU SAYING YOU WANT A CERTAIN NUMBER AND THEN VOTING ON IT.

>> MEMBER HENDRICKSON AND THEN TRUSTEE OPSOMMER?

>> I'LL FORM A MOTION LATER PERHAPS, BUT I WOULD SUGGEST THAT SINCE THE HOME IS 74 FEET FROM THE CENTER LINE,

[00:20:01]

AS WE'RE CONSIDERING WHAT SETBACK TO ACTUALLY ESTABLISH THAT WE CONSIDER THE 74 FEET AS OPPOSED TO 75 FEET, SO THAT WE DON'T HAVE THEM RUNNING INTO ISSUES SHOULD THEY DECIDE TO BUILD IN A DIFFERENT WAY ON THE PROPERTY DOWN THE ROAD.

>> I WOULD AGREE.

>> THANK YOU, MADAM CHAIR.

MR. CHAPMAN, WHEN WE LOOK AT SECTION 86-561, MY READING OF THAT IS THE INTENT WAS BASICALLY TO ALLOW THE ZBA TO ADDRESS NON-CONFORMING STRUCTURES.

WOULD YOU AGREE OR DO YOU THINK THERE'S A DIFFERENT INTENT BEHIND IT?

>> I WOULD SAY THAT'S WHAT IT'S FOR.

>> WHEN DID WE MOVE THE FRONT YARD SETBACK TO 100 FEET FOR THIS CLASS OF STREET?

>> I DON'T KNOW HOW TO TELL YOU. I'M NOT SURE.

>> CLEARLY SINCE THE HOME WAS BUILT.

BECAUSE IT WAS DOWN THE ADJACENT HOME DOWN PARK LAKE. [OVERLAPPING]

>> I MEAN, WE DIDN'T HAVE A ZONING ORDINANCE UNTIL 1960.

THE HOUSE WAS BUILT IN1947. IT'S POSSIBLE, BUT IT'S BEEN LIKE THAT SINCE OUR ZONING ORDINANCE STARTED.

>> THOSE ARE MY ONLY QUESTIONS. THANK YOU.

>> I THINK I WILL TAKE TEMPERATURE HERE.

IS ANYBODY INTERESTED IN GOING THROUGH THE CRITERIA? BECAUSE I WOULD TEND TO AGREE WITH MEMBER FIELD-FOSTER THAT THERE IS A COUPLE OF CRITERIA THAT WE'RE GOING TO GET ME HITCHED UP ANYWAYS.

I THINK MEMBER HENDRICKSON HAS ALREADY SAID SO ON ONE OF THE CRITERIA AS WELL, SO WE ARE NOT INTERESTED IN [INAUDIBLE] CRITERIA. MEMBER HENDRICKSON.

>> I MOVE TO ESTABLISH A 74 FOOT FRONT YARD SETBACK FOR 5118 PARK LAKE ROAD, END OF MOTION. [LAUGHTER]

>> I WILL SECOND THAT MOTION.

>> SECONDED BY MEMBER SHORKEY.

>> WILL BE OBVIOUS THAT SINCE THIS HAS THE POTENTIAL OF OPENING A PANDORA'S BOX, TOWNSHIP SHOULD LOOK AT WHETHER WE NEED TO DO SOME SORT OF AN AMENDMENT TO ADDRESS THIS IN THIS SECTION OF PARK LAKE ROAD.

>> CAN I ALSO ADD MEMBER SHORKEY.

OBVIOUSLY WE HAVE OUR COMMISSION REPRESENTATIVE, BUT MAYBE EVEN IN BOARD COMMENTS SO THAT IS AS NOTED, AS WELL AS BEING SOMETHING THAT WE AS A BOARD, WOULD LIKE.

FURTHER CONSIDERATION TAKEN, AND I THINK NOT HAVING TO GO THROUGH THE CRITERIA TO GET TO CRITERIA 7 AND GO, WAIT A SECOND, IS THIS SOMETHING THAT WE SHOULD TAKE A LOOK AT? WE STILL SHOULD NOTE IT AS SUCH.

ANY FURTHER DISCUSSION ON THE MOTION? WELL, IN THAT CASE, WE'LL GO TO A VOTE.

MEMBER SHORKEY, THIS IS A MOTION TO APPROVE A NEW SETBACK OF 74 FEET FOR THE ADDRESS OF 5118 PARK LAKE ROAD, EAST LANSING, MICHIGAN 4823. MEMBER SHORKEY?

>> YES.

>> MEMBER FIELD-FOSTER?

>> YES.

>> MEMBER HENDRICKSON?

>> YES.

>> MEMBER OPSOMMER?

>> YES.

>> THE CHAIR VOTES, YES.

THE SETBACK HAS BEEN CHANGED TO 74 FEET FOR YOUR PROPERTY.

WITH THAT, I WILL ASK IF THERE IS ANYBODY ELSE STILL INSIDE WHO MISSED THIS STUFF, [LAUGHTER] IF THERE IS ANYBODY ELSE IN OUR AUDIENCE HERE OR ANY OTHER REPRESENTATIVES THAT WOULD LIKE TO SPEAK ABOUT THIS CASE OR MAKE A PUBLIC COMMENT AT THIS TIME?

>> THANK YOU.

>> IF THERE IS NO PUBLIC COMMENT, I WILL CLOSE PUBLIC COMMENTS.

THANK YOU FOR COMING. I WILL GO TO BOARD COMMENTS.

[9. BOARD MEMBER COMMENTS]

MEMBER SHORKEY, I WOULD LOVE TO HEAR YOU?

>> WELL, FIRST OF ALL, I WANT TO FORMALLY APOLOGIZE FOR MISSING THE LAST MEETING.

I NEVER IN MY PROFESSIONAL CAREER HAS MISSED A MEETING EXCEPT WHEN I WAS HAVING MY ARM RECONSTRUCTED, THE DAY AFTER THAT SURGERY, I DIDN'T MISS A MEETING.

I SINCERELY APOLOGIZE FOR IT.

THE COMMENT THAT I SAID DURING THE SECONDING, I HEAR THE POTENTIAL OF THE PANDORA'S BOX AND IF THIS CAN BE ADDRESSED GENERALLY, MAYBE WE SHOULD GET AHEAD OF IT. THAT'S ALL.

>> THANK YOU. I APPRECIATE THAT.

I WILL ADD THAT WE JUST REMIND OURSELVES, OUR APPLICANTS, OUR HOME VIEWERS THAT WE DO HAVE TO TAKE EVERY CASE BY CASE.

AS MUCH AS WE POTENTIALLY HAVE THESE CASES THAT COULD BE COMING FORWARD IN THE FUTURE,

[00:25:05]

THAT CASE BY CASE WILL GET THROUGH IT AND I HAVE NO DOUBT THAT THE FIVE OF US HERE CAN FIGURE THAT OUT EVEN WHEN IT COMES TO THAT.

BUT I DO THINK THAT MEMBER HENDRICKSON HAS MAYBE SOMETHING TO TAKE BACK TO PLANNING COMMISSION AND MAYBE EVEN JUST THE OPPOSITE BACK TO THE BOARD AND DISCUSSING SOME OF THESE ISSUES THAT WE WOULD JUST DEFER TO OUR MEMBERS HERE IN THAT REGARD.

BUT I ALSO APOLOGIZE FOR MISSING LAST MEETING, BUT GOOD JOB YOU THREE [LAUGHTER] FOR GETTING THROUGH AND PERSEVERING JUST WITH A NICE TIGHT QUORUM OF THREE.

ANYBODY ELSE? WELL, ON THAT NOTE, I WILL GO AHEAD AND ADJOURN THIS MEETING.

[BACKGROUND] [LAUGHTER]

* This transcript was compiled from uncorrected Closed Captioning.