Feb 15, 2023 Zoning Board of Appeals Meeting

[1. CALL MEETING TO ORDER]

[2. APPROVAL OF THE AGENDA]

[00:00:31]

ARE THERE ANY CORRECTIONS APPROVAL? VOTE ON THE AGENDA AND GIVE ME SOME NAMES.

CAN'T JUST DO IT BY. YOU CAN JUST DO IT BY A VOICE.

JUST A VOICE. VOICE. JUST DO A VOICE FOR IT FOR TODAY.

SO ARE WE. ARE WE? DOES EVERYONE APPROVE? ALL IN FAVOR? ALL RIGHT.

ANYONE OPPOSED? BEING UNOPPOSED, THE APPROVAL OF THE AGENDA HAS BEEN STATED.

SO WE MOVE ON TO NUMBER THREE AND GO BACK TO.

[3. CORRECTIONS, APPROVAL AND RATIFICATION OF MINUTES]

ALL RIGHT. MEMBER DESCHAINE MOVES TO APPROVE THE AMENDMENTS, THE MINUTES AS PRESENTED.

IS THERE A SECOND SUPPORTED SO MOST GHOST VOICE VOTE ON THAT.

AYE.

ANY OPPOSED? THE MINUTES ARE APPROVED.

DO WE HAVE ANY COMMUNICATIONS?

[4. COMMUNICATIONS]

NEIGHBORS IN SUPPORT OF THE REQUEST.

DO WE WANT TO TAKE THAT UP WHEN WE ACTUALLY.

OKAY. ALL RIGHT.

SO MOVING ON TO UNFINISHED BUSINESS.

DO WE HAVE ANY UNFINISHED BUSINESS BEFORE SEEING NONE?

[6.A. ZBA CASE NO. 23-02 (1236 Jolly), Elizabeth A. Seagull, 1236 Jolly Road, Okemos, MI 48864]

ELIZABETH [INAUDIBLE] RECEIVED A VARIANCE TO ALLOW COMPOSITE BRIDGE STRUCTURE TO BE CONSTRUCTED WITHIN THE 20 FEET WETLANDS LOCATED AT 1236 JOLLY ROAD.

MR. CHAIRMAN, IF YOU'D LIKE TO TAKE THIS.

GOOD EVENING. SO THE APPLICANT IS REQUESTING A VARIANCE TO ALLOW FOR A COMPOSITE BRIDGE STRUCTURE TO BE CONSTRUCTED WITHIN THE 20 FOOT WETLAND SETBACK LOCATED AT 1236 JOLLY ROAD.

SO THE APPLICANT'S PROPOSING TO REPLACE AN EXISTING WOODEN BRIDGE WITH A FIVE FOOT BY 32 FOOT FOUR INCH STRUCTURE MADE OF COMPOSITE MATERIALS.

PREVIOUSLY, IN 2020, THERE WAS A BUILDING PERMIT APPROVED FOR A DECK WORK AND BOARDWALK CONSTRUCTION, AND THE PROPERTY IS 1.76 ACRES IN SIZE AND IS ZONED R-R RURAL RESIDENTIAL.

AND SO THERE'S AN APPROXIMATELY THERE'S A PORTION OF A HALF ACRE WETLAND AND PART OF THE PONDEROSA RANCH DRAIN.

THE ZONING ORDINANCE SPECIFIES ACTIVITIES THAT ARE ALLOWED WITHIN THAT 20 FOOT WETLAND SETBACK.

STRUCTURES ARE NOT PERMITTED WITHIN THAT 20 FOOT SETBACK.

SO WITHIN THAT SETBACK, TREES, SHRUBS, GROUNDCOVER MAY BE SELECTIVELY PRUNED AND REMOVED TO PROVIDE REASONABLE PRIVATE ACCESS OR VIEWS TO WATER FEATURES TO REMOVE POTENTIALLY HAZARDOUS OR NUISANCE EXOTIC VEGETATION AND TO IMPROVE OR PROTECT WILDLIFE HABITAT.

SUCH REMOVAL ACTIVITIES ARE SUBJECT TO THE FOLLOWING NO MORE THAN 10% OF THE LENGTH OF STRIP SHALL CLEAR CUT OR MOWED SUBJECT OR TO THE DEPTH OF THE STRIP AND TO PATHWAYS.

ACCESSING WATER FEATURES SHALL NOT EXCEED TEN FEET IN WIDTH AND THREE.

A LIVE ROOT SYSTEM SHALL BE MAINTAINED TO PROVIDE FOR STREAM BANK STABILIZATION AND EROSION CONTROL.

SO ITS CLOSEST POINT THE STRUCTURE WOULD BE LOCATED 17 FEET FROM THE WETLAND BOUNDARY, WHICH ENCROACHES THREE FEET INTO THAT 20 FOOT WETLAND SETBACK.

SO A THREE FOOT VARIANCE FOR THE STRUCTURE IS REQUESTED.

[00:05:06]

OH, YES.

NO. STAND AT THE LECTERN AND PLEASE STATE YOUR NAME AND ADDRESS AND SPELL IT FOR THE MINUTES IF YOU COULD.

MY NAME IS ELIZABETH SEAGULL.

SPELLED E-L-I-Z-A-B-E-T-H LAST NAME SEAGULL.

LIKE A BIRD.

S-E-A-G-U-L-L. I LIVE AT 1236 JOLLY ROAD OKEMOS IN MERIDIAN TOWNSHIP, AND I HAVE BEEN A HOMEOWNER IN MERIDIAN TOWNSHIP SINCE 1971.

THIS IS THE THIRD HOME THAT I HAVE OWNED IN MERIDIAN TOWNSHIP.

CAN I TELL YOU A LITTLE BIT ABOUT THIS? ABSOLUTELY. PLEASE DO IT.

SO WHEN MY HUSBAND AND I DECIDED TO DOWNSIZE AND RETIRE, SOME PEOPLE MOVED TO FLORIDA AND SOME PEOPLE MOVED TO ARIZONA.

AND WE DECIDED THE QUALITY OF LIFE IN MERIDIAN TOWNSHIP IS WONDERFUL AND WE WANTED TO STAY RIGHT HERE, BUT WE WANTED TO DOWNSIZE, TO LIVE ON ONE LEVEL SO THAT AS WE AGED, WE WOULDN'T HAVE TO DEAL SO MUCH WITH STAIRS.

AND I DIDN'T NEED TO CLEAN A BIG HOUSE ANYMORE.

WHEN OUR CHILDREN WERE GROWN UP AND I WANTED TO LOOK AT WATER, THAT WAS ONE OF MY CRITERIA FOR FINDING A NEW PLACE.

AND WE DROVE AROUND.

WE LOOKED AT A LOT OF PLACES AND I DIDN'T WANT TO BE ANYWHERE WHERE THERE WERE POWERBOATS.

I DIDN'T WANT TO BE ANYWHERE WHERE PEOPLE ARE GOING TO HAVE NOISY PARTIES.

I WANTED TO BE SOMEWHERE TRANQUIL.

SO WE FINALLY FOUND THIS SPOT.

JOLLY ROAD ISN'T A PLACE THAT I WOULD HAVE THOUGHT WOULD BE A TRANQUIL SPOT ON THE WATER.

BUT ACTUALLY IT IS A LOT OF TRAFFIC ON THE FRONT.

BUT IN THE BACK IT'S LIKE YOU'RE IN A DIFFERENT WORLD.

THERE'S A LITTLE PALM THERE.

IT'S A NATURAL POND.

THERE ARE TWO OTHER HOMEOWNERS THAT HAVE SOME FRONTAGE ON THE POND, BUT OUR PROPERTY IS THE MAJORITY OF THAT FRONTAGE.

AND ALSO OUR PROPERTY LINE GOES THROUGH THE MAJORITY OF THE POND ITSELF.

THERE ARE THREE AERATORS IN THE POND TO ADD OXYGEN TO THE WATER AND THEY RUN OFF OUR ELECTRICITY AND WE REPAIR THE PUMP.

WE PUT IN THE PUMP. WE TAKE CARE OF ALL OF THAT.

THERE IS A WATER FEATURE THAT WAS SO CHARMING IS REALLY ONE OF THE REASONS WE BOUGHT THE HOUSE.

WATER IS PUMPED FROM THE POND UNDERGROUND UP A HILL, AND THEN IT FLOWS DOWN BY GRAVITY.

SO IT'S LIKE A LITTLE BROOK WITH LITTLE WATERFALLS AND THEN IT BIFURCATES AND GOES INTO TWO STREAMS AND THEN IT GOES BACK INTO THE POND.

AND THIS ALSO HELPS AERATE THE POND BECAUSE IT'S AN OLD UTOPIC POND.

IT'S IMPORTANT TO AERATE THE WATER BECAUSE OTHERWISE THERE'S NOT ENOUGH OXYGEN AND IT CAN KILL THINGS LIVING IN THE WATER.

SO THERE HAS TO BE A LITTLE BRIDGE OVER THAT OR YOU CAN'T WALK FROM THE EAST SIDE TO THE WEST SIDE OF THE PROPERTY IN THE BACKYARD.

AND JOLLY ROAD DOESN'T HAVE ANY SIDEWALKS.

SO WHAT WE DID WAS OVER THE LAST STARTING IN 2020, WE STARTED TO MAKE SOME CHANGES BECAUSE MY HUSBAND WAS HAVING MORE MOBILITY PROBLEMS. SO A PATH THAT PREVIOUSLY HAD BEEN WOODCHIPS, HE WAS TOO UNSTABLE FOR HIM.

AND WE DID THIS POROUS PAVE PAVING, WHICH IS PERVIOUS SURFACE.

IT'S MADE OF RECYCLED TIRES, SO THE WATER RUNS RIGHT THROUGH IT.

SO IT'S A VERY LOW IMPACT INSTALLATION AND THAT WAS GREAT.

AND THEN WE DID IN 2021, WE ENLARGED OUR DECK LIKE EVERYBODY DID BECAUSE OF COVID, AND WE REPLACED THE WOOD WITH TREX, WHICH IS MADE OF RECYCLED PLASTIC WATER BOTTLES, I BELIEVE.

SO IT WAS IMPORTANT TO US TO HAVE VERY ENVIRONMENTALLY FRIENDLY MATERIALS.

AND SO WE HAD A BIGGER DECK AND A RAMP.

SO THAT WAY HE DIDN'T HAVE TO DEAL WITH STEPS.

AND WE ALSO HAD ON THE POOREST PAVED PATH EXTENDED TO THE RAMP.

BUT WE HAD THE LAST SECTION OF THIS PROJECT AND THEN HE DIED IN JUNE.

SO HE DIDN'T GET THE LAST SECTION OF THE PROJECT, BUT THE LAST SECTION IS TO REPLACE THE WOODEN BRIDGE THAT'S OVER THAT LITTLE BROOK AND TAKE OUT.

THERE'S A GROUND LEVEL DECKING THAT'S WOOD, AND IT IS SLIPPERY TO WALK ON.

IT GETS WHEN IT'S WET, IT'S FINE WHEN IT'S DRY.

WHEN IT'S WET, IT GETS SORT OF MOSSY.

IT'S EASY TO FALL.

AND I WOULD LIKE TO STAY THERE UNTIL I'M VERY OLD IF I POSSIBLY CAN.

SO I WANT TO MAKE THAT SURFACE SAFE FOR ME AS I AGE.

AND SO I WANT TO REPLACE THAT WOODEN BRIDGE WITH THE TRUCKS BRIDGE AND THEN TAKE UP THE REST OF THAT WOODEN DECKING THAT'S DOWN THERE.

AND ACTUALLY THE AMOUNT OF STRUCTURE THAN THAT WOULD BE AT THE GROUND LEVEL IS LESS THAN THAT BECAUSE THERE WOULD BE GROUND EXPOSED IN AREAS WHERE WE'RE

[00:10:01]

I'M VERY INVOLVED WITH THE NATIVE PLANT MOVEMENT.

I'M A BIG TREE HUGGER.

I ACTUALLY SET ON THE MERIDIAN WETLAND EDUCATION BOARD.

MY PROPERTY IS FEATURED IN PLANTING A NATIVE MERIDIAN.

I UNDERSTAND THAT HAD PUBLICATION HASN'T BEEN RELEASED YET, BUT ANYWAY, THERE'S A PICTURE OF ME IN THERE WHICH THEY ASKED FOR PICTURES.

I DIDN'T KNOW THEY WERE GOING TO PUT ME IN THE BROCHURE ANYWAY.

THE OTHER PART OF THE PROJECT IS THERE'S A LITTLE BALCONY OUTSIDE THE MASTER BEDROOM AND IT'S VERY SMALL.

IT'S HARD FOR TWO PEOPLE TO SIT THERE.

MY HUSBAND AND I COULD SIT THERE WITH A LITTLE CAFE TABLE AND WE WERE LIKE BUMPING EACH OTHER'S KNEES.

SO I WANT THAT TO BE A LITTLE BIT BIGGER AND I WANT TO EXTEND IT A LITTLE BIT TO THE WEST, BECAUSE THE BEST WILDLIFE VIEWING THAT THERE WAS A LIKE AN AERIAL PHOTOGRAPH OF THE PROPERTY BEFORE.

THE BEST WILDLIFE VIEWING IS TO THE WEST.

THAT'S SO YOU CAN SEE TO THE WEST SIDE, IT'S NOT ONLY OUR WOODLOT, BUT THERE'S ALL THAT UNDEVELOPED LAND THERE THAT'S OWNED BY AMBER OAKS.

BUT THEY NEVER BUILT ANY HOUSES ON THAT SECTION.

SO THAT'S THE BEST PLACE TO LOOK FOR BIRDS AND DEER AND SKUNKS AND POSSUMS AND ALL THE GREAT BLUE HERONS, ALL THE THINGS THAT COME TO THAT AREA.

SO I WANT THAT TO BE A LITTLE BIT BIGGER SO THAT I CAN DO WILDLIFE VIEWING FROM THE DECK.

WHEN YOU'RE ON THAT LEVEL OF THE DECK, YOU'RE NOT DISTURBING THE WILDLIFE.

THEY DON'T NOTICE YOU LIKE THEY DO WHEN YOU'RE DOWN ON THE GROUND.

SO THAT'S I CAN SIT OUT THERE WITH MY BINOCULARS AND BIRD WATCH.

SO I SUBMITTED DOCUMENTATION THAT GOES THROUGH THE FIVE POINTS AND I CAN GO THROUGH THOSE WITH YOU IF YOU LIKE, IF YOU WOULD RATHER JUST DO IT BY READING IT.

HOW DO YOU WANT TO DO THIS? GO RIGHT AHEAD. AND IF YOU WANT TO ADD MY GLASSES ON SO I CAN SEE WHAT I WROTE HERE.

OKAY. SO I'M FIRST OF ALL, I'M VERY SUPPORTIVE OF THE ORDINANCE ITSELF.

I'M ALL ABOUT PROTECTING WETLANDS.

I THINK THAT'S PART OF WHAT MAKES THIS A COMMUNITY THAT'S WORTH LIVING IN.

ALL THE NATURAL AREAS.

I MEAN, IT'S WONDERFUL TO LIVE HERE.

SO UNIQUE CIRCUMSTANCES EXIST THAT ARE PECULIAR TO THE LAND OR STRUCTURE THAT ARE NOT APPLICABLE TO OTHER LAND OR STRUCTURES IN THE SAME ZONING DISTRICT.

AND THESE UNIQUE CIRCUMSTANCES ARE NOT SELF CREATED.

SO THE LITTLE WATER FEATURE, THE BROOK IS A UNIQUE FEATURE AND WE DIDN'T CREATE IT.

IT WAS THERE WHEN WE BOUGHT THE PROPERTY.

SO WE HAVE TO HAVE A WAY TO GET ACROSS IT IN ORDER TO WALK FROM OUR BACKYARD.

THE WIDTH SURFACE, AS I MENTIONED, IS SLIPPERY WHEN WET, SO I WOULD LIKE TO REMOVE THAT AND REPLACE IT.

THE NATURAL POND IS A UNIQUE FEATURE AND I HAVE APPLIED FOR AND RECEIVED CERTIFICATIONS FROM THE NATIONAL WILDLIFE FEDERATION AS A BIRD FRIENDLY HABITAT.

THE MONARCH JOINT VENTURE.

IT'S A MONARCH WAYSTATION.

THE NATIONAL AUDUBON SOCIETY PLANTS FOR BIRDS, WILD ONES, NATIVE PLANT, BUTTERFLY GARDEN AND XERXES SOCIETY, POLLINATOR HABITAT.

I'VE ALSO REGISTERED THE PROPERTY AS PART OF THE HOME GROWN NATIONAL PARK, WHICH IS A NATIONAL PROJECT TO TRY TO CREATE THROUGH WHAT PEOPLE PLANT ON THEIR OWN LAND THE EQUIVALENT OF A NATIONAL PARK IN ACREAGE.

SO AT THE TIME WE BOUGHT THIS PROPERTY, THE ORDINANCE WAS NOT BEING FOLLOWED.

I DON'T KNOW WHETHER THE ORDINANCE WAS ACTUALLY IN PLACE AT THAT TIME, BUT THE LAWN WAS BEING MOWED ALL THE WAY TO THE EDGE OF THE POND.

AND I HAVE PULLED THAT BACK AND MADE A BUFFER.

I PLANTED LOTS OF NATIVE TREES, SHRUBS, GRASSES.

FORBES I DON'T USE FERTILIZER OR HERBICIDE THAT COULD DEGRADE THE POND OR THE WATER QUALITY.

AND SO THOSE ARE UNIQUE FEATURES, I THINK STRICT INTERPRETATION AND ENFORCEMENT OF THE LITERAL TERMS AND PROVISIONS OF THIS CHAPTER WOULD RESULT IN PRACTICAL DIFFICULTIES THAT WOULD PREVENT THE OWNER FROM USING THE PROPERTY FOR THE PERMITTED PURPOSE.

SO BECAUSE I PLAN TO AGE IN PLACE AND BECAUSE FALLS ARE THE LEADING CAUSE OF INJURY AND DEATH IN PERSONS OVER THE AGE OF 65 AND I'M ALREADY OVER 65, I WANT TO CONTINUE TO WALK SAFELY ON MY PROPERTY, ON BETTER MATERIALS.

SO THERE'S NO SIDEWALK.

I HAVE WALKED ON THE SHOULDER WITH MY HUSBAND, WITH HIS WALKER.

AND IT'S VERY SCARY TO WALK ON JOLLY ROAD ALONG THAT SHOULDER.

PEOPLE COME SO FAST.

SO I WANT TO BE ABLE TO VIEW WILDLIFE FROM THE SAFETY OF MY BALCONY.

YOU KNOW, AT SOME FUTURE POINT I MIGHT NOT EVEN BE ABLE TO WALK ANYMORE, BUT I COULD SET OUT ON WHEELCHAIR ON THAT BALCONY AND LOOK AT MY LIFE AND THAT WOULD BE GOOD FOR MY HEALTH AND MY MENTAL HEALTH. GRANTING THE VARIANCE IS THE MINIMUM ACTION NECESSARY, WHICH WOULD CARRY OUT THE SPIRIT OF THE ZONING ORDINANCE, SECURE PUBLIC SAFETY AND PROVIDES PROVIDE SUBSTANTIAL JUSTICE.

SO I THINK THAT THE, YOU KNOW, THE THREE FEET FOR THE FOOTINGS IS NOT GOING TO HAVE A NEGATIVE IMPACT ON THE WETLAND, AND THE REMOVAL OF THE EXISTING WOOD DECKING WILL

[00:15:06]

SO THIS WILL ACTUALLY BE BENEFICIAL TO THE POND AND WETLAND.

AND THE PROJECT THEREFORE IS IN KEEPING WITH THE SPIRIT OF THIS ZONING ORDINANCE.

THE USE OF THESE MATERIALS WILL IMPROVE SAFETY AND BUT I THINK JUSTICE IS BEST SERVED BY ALLOWING ME TO WALK SAFELY FROM ONE SIDE OF MY BACKYARD TO THE OTHER. GETTING THE VARIANCE WILL NOT ADVERSELY AFFECT ADJACENT LAND OR THE ESSENTIAL CHARACTER IN THE VICINITY OF THE PROPERTY. I THINK IT WILL ACTUALLY IMPROVE THE ESSENTIAL CHARACTER BECAUSE, I'LL BE ABLE TO PLANT MORE NATIVE PLANTS AND THERE IS A SUPPORTING LETTER FROM MY NEXT DOOR NEIGHBORS WHO ARE WONDERFUL PEOPLE.

I'M SO LUCKY TO HAVE THEM MOVING NEXT DOOR TO ME.

GRANTING THE VARIANCE WILL BE GENERALLY CONSISTENT WITH PUBLIC INTEREST AND THE PURPOSES AND INTENT OF THIS CHAPTER.

THE POND WILL CONTINUE TO BE PROTECTED.

THE ESTHETICS OF THE AREA WILL BE IMPROVED.

BIRDS. BEES. DRAGONFLIES.

BUTTERFLIES. HERONS. FROGS.

TOADS. MUSKRATS WILL CONTINUE TO THRIVE AND INTERACT NATURALLY ON THIS PROPERTY.

AND ALL OF THAT IS IN KEEPING WITH THE PUBLIC INTEREST OF THE CITIZENS OF MERIDIAN TOWNSHIP.

AND I'D LOVE TO HAVE YOU COME VISIT, ESPECIALLY IN THE SUMMER.

IT IS SO BEAUTIFUL IF YOU HAVE ANY QUESTIONS.

THANK YOU, MS. SEAGULL.

DO ANY OF THE MEMBERS HAVE QUESTIONS OR MORE OF A COMMENT REGARDING YOUR PULLING BACK THE MOLE LINE 20 FEET? I CURRENTLY WORK I'M ON THE BOARD OF OUR NEIGHBORHOOD ASSOCIATION, CORNELL WOODS, AND WE HAVE A WETLANDS THERE.

AND IT'S WE HAVE A REAL ALGAE PROBLEM AND WE'RE SPENDING A LOT OF MONEY TRYING TO PULL A LOT OF ORGANIC MATERIAL OUT OF IT EVERY YEAR AND KNOCK IT DOWN.

AND ONE OF THE. WAYS TO FIX THAT WITHOUT ANY MORE CHEMICALS.

IS TO EXTEND THE NO MOLD ZONE TO 20 FEET ALL AROUND THAT POND.

IT DOESN'T LOOK QUITE AS MANICURED, BUT IT'S NATURALLY THE RIGHT THING TO DO THERE.

NOT TO MOW THAT YOU'RE BRINGING IN THOSE GRASS CLIPPINGS, HAVE FERTILIZER ON THEM THAT GOES RIGHT INTO THE POND.

SO THANK YOU FOR DOING THAT.

AND ALSO THE AGING IN PLACE ISSUE, WELL, IT'S TYPICALLY NOT SOMETHING THAT COMES BEFORE THIS BOARD A LOT.

IT IS AN OBJECTIVE OF THE BOARD TO MAKE SURE THAT WE ALLOW OUR RESIDENTS TO DO THAT.

THANK YOU FOR STAYING IN OKEMOS RATHER THAN MOVING TO ARIZONA OR FLORIDA.

MY WIFE AND I TEND TO DO THE SAME THING.

ALL OF OUR FRIENDS AND FAMILY ARE HERE.

WHY DO WE WANT TO MOVE 2000 MILES AWAY? BUT ACCOMMODATION HAS TO BE MADE FOR THAT AND REASONABLE ACCOMMODATIONS.

SO I ALSO APPRECIATE YOU ADDRESSING EACH OF THE ISSUES THAT WE LOOK AT WHEN LOOKING AT A ZBA POTENTIAL CASE LIKE THIS.

AND YOU'VE ADDRESSED THEM ALL DIRECTLY.

AND SO YOU DID YOU DID YOUR RESEARCH ON THIS.

AND WE APPRECIATE THAT VERY MUCH.

WELL, THANK YOU. I'M HOPING TO HAVE A SUCCESSFUL OUTCOME.

ANY OTHER QUESTIONS OR COMMENTS? THANK YOU FOR COMING FOR THE PRESENTATION.

APPRECIATE IT. AND THANK YOU FOR ALLOWING ME THE QUESTION.

SO, YOU KNOW, IN 2021, I MOVED BACK HERE FROM FLORIDA, SO I REALLY ENJOY LIVING HERE AS WELL AND WAS ONE OF THE PEOPLE THAT TRIED IT DOWN THERE.

AND MY WIFE AND I SAID, NOPE, NOT FOR US.

BUT REALLY QUICKLY, AND I APOLOGIZE IF YOU'VE ALREADY STATED THIS SOMEWHERE IN THE PACKET AND I JUST MISSED IT.

BUT THE SIZE OF THE NEW WALKWAY, HOW DOES THAT COMPARE WITH WHAT THE EXISTING WALKWAY IS? I KNOW IT SOUNDS LIKE YOU'RE GOING TO CUT LIKE A SIDE IN AND YOU TALKED ABOUT PLANTING SOME NATIVE SPECIES.

SO IS IT GOING TO SHRINK THE OVERALL SIZE OF THE WALKWAY? YES, IT IS THE WALKWAY.

THE NEW WALKWAY IS GOING TO BE FOUR FEET WIDE.

AND THIS GENTLEMAN IS HERE FROM MY BUILDER.

SO MAYBE HE CAN ADDRESS THAT KIND OF TECHNICAL QUESTION BETTER THAN I CAN.

WELL, WOULD YOU LIKE TO GO UP TO THE PODIUM AND JUST GIVE US YOUR NAME AND SPELL IT FOR THE RECORD, PLEASE? GOOD EVENING. MY NAME'S JOHN BAYNES.

I'M WITH CUSTOM BUILT DESIGN AND REMODEL AND OKEMOS.

AND MY SPELLING OF MY NAME IS JO-H-N B-A-Y-N-E-S.

THANK YOU, MR. BAYNES.

YEAH, WE, WE HAVE THE THE SITE DRAWINGS AND AND THE THE FRAMING PLAN ON THE VIEWER.

AND YOU CAN SEE WELL, I DON'T KNOW THAT IT NECESSARILY DOES IT DOESN'T COMPARE IT AGAINST THE OLD ONE THOUGH, DOES IT.

NO, I DON'T HAVE AN EXISTING I HAVE THIS ONE'S FIVE FEET WIDE BY 32.

SO YEAH.

VERY. WHAT IS IT.

I MEAN HOW MUCH SHORTER IS IT, DO YOU KNOW.

IT'S NOT A QUESTION OF LIGHT.

IT'S A QUESTION OF WIDTH.

OKAY. IT'S GOING TO BE IT'S EXPOSED SOIL THAT'S NOT CURRENTLY EXPOSED.

YEAH. YOU KNOW THE THE OTHER THING TO NOTE IS THAT THE THE STRUCTURE THAT'S THERE NOW IS THE OLD TREATED LUMBER THAT HAS THE ARSENIC IN IT.

[00:20:01]

AND SO THAT'S GOING TO IT'S GOING TO BE A PLUS JUST GETTING THAT OLD ARSENIC BOARD OUT OF THERE.

AND NOT TO MENTION THE FACT THAT IT IS WHEN IT'S WET, IT'S VERY, VERY SLIPPERY.

SO IT'S SHRINKING.

I DON'T KNOW HOW TO DEFINE EXACTLY WHAT AMOUNT OF AREA THAT IT'S IT'S SHRINKING, BUT IT'S SMALLER.

IT'S GOING TO EXPOSE MORE SOIL.

IT'S GOING TO CREATE A A MORE USER FRIENDLY ENVIRONMENT AT THE PORTION THAT WILL BE POROUS, PAINT WILL BE PERMEABLE AS OPPOSED TO THE DECKING.

RIGHT. OKAY.

WHICH IS CONSISTENT WITH WHAT'S ON THE PROPERTY NOW.

OKAY. AND JUST ONE MORE QUICK ONE FOR STAFF AS WELL.

KEITH, COULD YOU PLEASE SCROLL DOWN TO THAT LAST IT'S THE LAST IMAGE THAT SHOW THAT ONE RIGHT THERE.

YEP. JUST TO CLARIFY YOUR THE VARIANCE IS FOR THE PIECE WHERE YOUR ARROW IS AND NOT THAT DECK BECAUSE IT ALMOST LOOKS LIKE THE DECK PIECE EXTENDS A LITTLE FARTHER THAN THE BRIDGE PIECE. SO I JUST WANT TO CLARIFY WHICH PIECE IS ACTUALLY BEING REQUESTED FOR THE VARIANCE OR IS IT BOTH? I'M JUST MISSING SOMETHING BECAUSE I KNOW YOU'VE TALKED ABOUT FOOTINGS AND YES, SO ANY OF THE STRUCTURE THAT IS IN THERE IS GOING TO REQUIRE THE VARIANCE.

SO THE THREE FEET IS JUST THE CLOSEST POINT.

GOTCHA. SO IT'S TECHNICALLY BOTH THE STRUCTURE.

OKAY. OKAY. THAT'S ALL I HAVE.

JUST COMMENT. THIS IS MY FIRST TIME ON THIS AND I HOPE ALL OF THE APPLICATIONS THAT COME TO US ARE SO WELL THOUGHT OUT AND PRESENTED BECAUSE THIS LOOKS LIKE A GREAT IDEA.

THANK YOU, I.

WHO WOULD LIKE TO APPRECIATE THE FACT THAT YOU PUT SO MUCH WORK AND EFFORT INTO BOTH RECOGNIZING THE ENVIRONMENT THAT YOU WERE TRYING TO PROTECT, BEING DEFINITELY ENVIRONMENTALLY SOUND, SO TO SPEAK, AND ALL OF THE CERTIFICATIONS THAT YOU GET.

I REALLY APPRECIATE THE FACT THAT YOU HAVE PUT A LOT OF EFFORT INTO GOING THROUGH THE ORDINANCE AND ANSWERING THE QUESTIONS AND PROVIDING THAT INFORMATION FOR US.

IT MAKES OUR JOBS A LOT EASIER.

BUT IT ALSO SHOWS THAT YOU CARE ABOUT THE COMMUNITY AND THE IMPACT THAT WHAT YOU'RE REQUESTING HAS ON THE COMMUNITY.

AND SO WE DEFINITELY REALLY APPRECIATE ALL THE WORK THAT YOU PUT INTO THAT AND YOUR WILLINGNESS TO SHARE YOUR VISION FOR THIS. SO IF THERE ARE NO OTHER COMMENTS, I'D LIKE TO GO FOR A VOTE UNLESS ANYONE ELSE I WOULD MAKE A MOTION TO APPROVE THE REQUESTED APPLICATION, AS IS KENNEDY.

QUESTION CAN I ASK A QUESTION? YES. DO WE SHOULD WE GO THROUGH THE CRITERIA FIRST BEFORE WE VOTE? I BELIEVE WE SHOULD JUST BE SO WE CAN DO THAT WITH THE MOTION ON THE FLOOR.

I SUPPORT THAT MOTION. ALL RIGHT.

SO CRITERIA NUMBER ONE, UNIQUE CIRCUMSTANCES EXIST THAT ARE PECULIAR TO THE LAND OR STRUCTURE THAT ARE NOT APPLICABLE TO OTHER LAND OR STRUCTURES IN THE SAME ZONING DISTRICT.

AND THESE UNIQUE CIRCUMSTANCES ARE NOT SELF CREATED.

I BELIEVE MS.. SIEGEL GAVE US A LOT OF INFORMATION TO INDICATE WHY THIS IS UNIQUE STRUCTURE.

THE FACT THAT IT LOOKS WHEN YOU LOOK AT THE PICTURES, THE POND TAKES UP THE MAJORITY OF HER BACKYARD.

WETLANDS SURROUND THAT.

IT IS NOT A SITUATION THAT WAS SELF CREATED, BUT THERE WHEN SHE MOVED IN AND SHE IS DEFINITELY TAKING THE STEPS NECESSARY TO PROTECT THAT ENVIRONMENT. ANY COMMENTS, ADDITIONS THAT ANYONE WANTS TO MAKE? I WOULD JUST ADD THAT BASED ON HER PRESENTATION AND WHAT SHE'S PLANNING ON DOING, IT WILL ACTUALLY IMPROVE THE WETLAND CONDITION RATHER THAN DEGRADE. CRITERIA.

NUMBER TWO, STRICT INTERPRETATION AND ENFORCEMENT OF THE LITERAL TERMS AND PROVISIONS OF THIS CHAPTER WOULD RESULT IN PRACTICAL DIFFICULTIES THAT WOULD PREVENT THE OWNER FROM USING THE PROPERTY FOR PERMITTED PURPOSE.

I BELIEVE MEMBER DESCHAINE COMMENTED ON MS..

SIEGEL'S DESIRE TO STAY IN THE COMMUNITY, AS WELL AS TO MAKE SURE THAT SHE CAN STAY THERE LONG TERM, WHETHER SHE'S WALKING THE PROPERTY OR SITTING AND ENJOYING IT AND THE MATERIALS THAT SHE IS USING ARE PERMEABLE AND MAKING SURE THAT SHE IS PROTECTING THE LANDSCAPE, REMOVING THOSE THINGS THAT ARE HARMFUL TO THE ENVIRONMENT.

[00:25:04]

ARE THERE ANY OTHER COMMENTS OR ADDITIONS TO CRITERIA TO.

CRITERIA. THREE GRANTING THE VARIANCE IS THE MINIMUM ACTION NECESSARY THAT WOULD CARRY OUT THE SPIRIT OF THE ZONING ORDINANCE, SECURE PUBLIC SAFETY, AND PROVIDE SUBSTANTIAL JUSTICE. I THINK WE KIND OF GOT INTO THAT WITH NUMBER TWO.

MAKING SURE THAT THAT IS A SAFE LOCATION FOR THE RESIDENTS TO OR FOR THE RESIDENT TO REMAIN IN HER HOME.

ANY ADDITIONS ANYONE WANTS TO ADD TO THIS CRITERIA? CRITERIA NUMBER FOUR, GRANTING THE VARIANCE WILL NOT ADVERSELY AFFECT ADJACENT LAND OR ESSENTIAL CHARACTER IN THE VICINITY OF THE PROPERTY.

WE HAVE A COMMUNICATION THAT DOES SUPPORT THE EFFORTS THAT THE LAND OWNER WANTS TO TAKE ON THE PROPERTY.

WE HAVE NOT HEARD OF OR SEEN ANY INDICATION THAT THIS WOULD HAVE AN ADVERSE EFFECT.

CONVERSELY, IT WOULD ACTUALLY HAVE A POSITIVE EFFECT ON THE PROPERTY, WHICH IS WHAT WE STRIVE FOR WITH THESE ORDINANCES.

ANY ADDITIONS, MODIFICATIONS TO THAT CRITERIA? AND SO WE WILL GO TO THE LAST ONE.

GRANTING THE VARIANCE WILL BE GENERALLY CONSISTENT WITH THE PUBLIC INTEREST AND PURPOSES AND INTENT OF THIS CHAPTER.

AND I DO BELIEVE THAT CRITERIA IS MET AS WELL.

WE DEFINITELY WANT TO STRIVE TO PROTECT THE WETLANDS AND ALSO CREATE A HABITAT WHERE WILDLIFE CAN ENJOY, PEOPLE CAN ENJOY, AND WE ARE NOT INTERFERING ONE WITH ANOTHER.

SO AGAIN, WE THANK YOU SO MUCH FOR THE EFFORT THAT YOU ARE PUTTING INTO THIS DESIGN PROJECT.

WITH THAT, I BELIEVE MEMBER STICE HAS A MOTION ON THE FLOOR TO APPROVE THIS VARIANCE REQUEST.

DO I HAVE A SECOND? I SECONDED IT. APOLOGIES.

THE MEMBER TO SHANE. SECOND MOTION.

CAN WE GO AHEAD AND VOTE? YES. YES.

NUMBER TWO. SHANE. YES.

MEMBER YES.

AND THE CHAIR VOTES YES AS WELL.

SO, MR. EAGLE, YOUR VARIANCE HAS BEEN APPROVED.

SHE DID GOOD. SHE DID EXCELLENT.

THAT WAS SO WELL DONE.

I WAS THE PINCH HITTER TONIGHT.

THE PERSON THAT HAS BEEN WALKING THROUGH THIS PROJECT HAD A FAMILY EMERGENCY, AND I WAS CALLED IN THIS AFTERNOON TO PINCH HIT THIS MEETING. SO APOLOGIES FOR THE LACK OF INFORMATION.

OH, NO. IT WAS WONDERFUL INFORMATION.

AND, MS.. SIEGEL, LET ME TAKE THIS OPPORTUNITY TO EXTEND MY CONDOLENCES FOR YOUR LOSS.

I CAN IMAGINE YOU HAD A VISION WITH YOUR HUSBAND TO ENJOY THIS PROPERTY, AND THAT VISION HAS BEEN ALTERED.

AND SO I DEFINITELY EXTEND MY CONDOLENCES FOR THAT.

BUT DO THANK YOU FOR STAYING IN THE COMMUNITY AND MAKING IT BRIGHTER JUST BY YOUR PRESENCE.

WELL, THAT'S VERY KIND.

AND I'M SERIOUS WHEN I DO INVITE YOU TO STOP BY.

YOU HAVE AN ADDRESS IN MY GARDEN AND PEOPLE DO THAT.

PEOPLE DRIVE DOWN THE ROAD IN THE SUMMER AND THEY JUST PULL OFF AND COME OVER AND TALK TO ME BECAUSE THE FRONT YARD IS A LITTLE TOO.

GREAT. GREAT. THAT'S WONDERFUL.

THAT IS WONDERFUL. ABSOLUTELY.

SO OTHER BUSINESS THAT WE HAVE, WE ARE POSTPONING TILL OUR NEXT ZBA MEETING, AND THAT WOULD BE THE ELECTION OF THE

[7.A. Election of 2023 Officers]

DO WE HAVE ANY PUBLIC REMARKS AT ALL BEFORE WE POSTPONE IT AS A AS IS ALEXIA AGREED TO SERVE? BUT WE'RE NOT GOING TO VOTE YET UNTIL WE CHOOSE HERE.

YES, THAT'S WHY I SAID WE'RE MOVING THAT TO THE NEXT ELECTION OR TO THE NEXT MEETING.

WE'RE NOT GOING TO TAKE THAT ITEM UP UNTIL SHE'S ACTUALLY HERE.

I WOULD CERTAINLY HOPE THAT SHE AGREES TO SERVE AGAIN, AS DO YOU, AN EXCELLENT JOB IN THE YEAR.

I WENT ON THE ZBA AGAIN, AND SO I'LL PASS THAT COMMENT ON TO HER BEFORE THE NEXT MEETING.

DEFINITELY WE'LL DO THAT.

ANY ANY I DO NOT SEE ANY ANY BOARD COMMENTS.

[00:30:03]

ALL RIGHT THEN JUST WALK THEM.

[9. BOARD MEMBER COMMENTS]

WE ALSO ARE LEAVING FILM TONIGHT JUST ON.

YEAH. YEAH. SO, MEMBER KANE, I'M SORRY, I DIDN'T MEAN TO JUST WELCOME TO BOARD MEMBER TRACEY.

SO LET ME SAY I LOOK FORWARD TO IT.

YES, THANK YOU.

WE, WE ALWAYS WELCOME NEW BOARD MEMBERS.

AND JUST SO YOU KNOW, THIS IS ACTUALLY THE BEST BOARD THAT WE HAVE AND THE MOST FUN.

SO, YOU KNOW, I'VE HEARD THAT YOU ARE IN THE COOL KIDS NOW.

OKAY. I WAS ON THE ZBA SEVEN YEARS AGO.

IT WASN'T ALWAYS FUN.

IT'S GOTTEN YOU MIGHT REMEMBER THOSE DAYS.

WE'LL SEE HOW FUN IT IS AFTER THE NEXT MEETING.

I'M GOING TO HAVE A FUN CASE.

OH, THAT WAS GOOD.

WELL, IT WAS ON LAKE LANCING ONCE.

WE HAD A COUPLE OF CASES WHERE WE ALMOST HAD PROBABLY SIMILAR ANSWERS.

THE PROBLEM, LIKE LANCING, IS.

WELL, LET ME TAKE THIS OPPORTUNITY FIRST TO TO APOLOGIZE FOR MY TARDINESS TODAY.

IT HAS IT HAS BEEN ONE OF THOSE DAYS AT WORK.

SO, YEAH, I LITERALLY SAW THE NOTE FROM KEITH THAT.

YEAH. 620 SO THANKFULLY I LIVE RIGHT DOWN THE STREET FROM YOU.

THERE WERE NO MERIDIAN OFFICERS TO SLOW DOWN MY PACE TO GET HERE.

SO AGAIN, YOU CAME FROM CAMPUS.

I DID NOT THROUGH CAMPUS.

I JUST CAME TO THE BACK WAY.

SO. ALL RIGHT.

YEAH. I ALSO TAKE THIS OPPORTUNITY TO EXTEND OUR SORROW AND SADNESS TO THE COMMUNITY AT MICHIGAN STATE UNIVERSITY FOR THE TRAGEDY THAT TOOK PLACE ON MONDAY FOR THOSE THAT LOST THEIR LIVES AND THEIR FAMILIES, AS WELL AS THOSE THAT ARE CURRENTLY IN THE HOSPITAL AND AND EVERY ALUMNI OF WHICH I AM ONE AND EVERY PERSON THAT WORKS AT THE UNIVERSITY AND THAT HAS BEEN IMPACTED BY THIS TRAGIC EVENT, WE DO NOT TAKE IT LIGHTLY.

WE DO NOT ENTER INTO THIS MEETING FORGETTING WHAT WHAT ULTIMATELY HAPPENED.

AND SO I JUST WANTED TO TAKE CHAIR PRIVILEGE TO ADDRESS THAT AND SAY THAT AS A COMMUNITY WE SUPPORT YOU.

WE ARE HERE FOR YOU AND WE GRIEVE WITH YOU.

ALSO. WITH THAT, I WILL ADJOURN OUR ZBA MEETING FOR FEBRUARY 15, 2023.

IT IS NOW SEVEN AFTER SEVEN.

* This transcript was compiled from uncorrected Closed Captioning.