ZONING BOARD OF APPEALS

Milton Township

2576 E. Bertrand Road

Niles, MI 49120

Phone: (269) 684-7262                     Fax: (269) 684-1742

 

 

 

 

 

 

 

 


Milton Township

Zoning Board of Appeals

Unofficial Minutes for August 14, 2008 Meeting

 

The August 11, 2008 meeting of the Milton Township Zoning Board of Appeals was called to order by Chairman Roger Kempton at 6:04  pm.

 

Present:  Roger Kempton (chair)

                        Paul Boggs

                        Diane Shields

           

The purpose of the meeting was to review the decision of the zoning Administrator, Robert Benjamin, that a Bed and Breakfast is not a home occupation as defined in the current ordinance.  Public hearing opened at 6:05.  The Zoning Administrator spoke and the definition of home occupation was reviewed. 

 

Attorney Robert Landgraf addressed the ZBA.  Applicant’s property is 32 acres.  The only building on the property is a single family residence of approximately 2500 square feet.  Property is zoned rural residential. 

The zoning ordinance does not address Bed and Breakfasts and it is applicant’s position that a Bed and Breakfast is a home occupation.  Photos were presented along with letters from neighbors.  Letters are attached as Exhibit A.  

Brenda Moore, LSL Planning Inc., addressed the ZBA.  Home occupation is a use by right.  Usually Bed and Breakfasts are a legitimate land use.  Typically the ZBA would look at ordinance and make recommendations to the Planning Commission as to where a use would be best accommodated if the ordinance does not include a legitimate use.

 

Public comment from Louis Stennis and Mrs. Boggs.

 

Public hearing closed at 6:45 pm.

 

Regular meeting opened at 6:45 pm 

 

Discussion held.  ZBA looked at definitions of home occupation and boarding and lodging.  ZBA also looked at language in 3rd draft of proposed zoning ordinance. 

 

Motion by Paul Boggs to find that Zoning Administrator’s interpretation was correct; seconded by Diane Shields.

 

 

Roll call vote:    Diane Shields—yes

                        Robert Harvey—yes

                        Roger Kempton-yes

 

Board finds Zoning Administrator’s interpretation that Bed and Breakfast is not included in definition of home occupation is correct.

 

Motion by Diane Shields that the ZBA recommend to the Planning Commission that it consider amending current ordinance to include a definition of Bed and Breakfasts and include a Bed and Breakfast as permitted under special land use permit in Agricultural, Rural Residential, and Single Family zones under certain circumstances as set forth in the 3rd draft of proposed zoning ordinance. 

 

Seconded by Paul Boggs.  Motion carried 3-0.

 

Meeting adjourned at 6:48 pm

 

 

Respectfully submitted,

 

Diane Shields

 

 

 

 

Milton Township

Zoning Board of Appeals

Unofficial Minutes for August 14, 2008 Meeting

 

The August 14, 2008 meeting of the Milton Township Zoning Board of Appeals was called to order by Chairman Roger Kempton at 7:00 pm.

 

Present:            Roger Kempton (chair)

                        Robert Harvey

                        Diane Shields

           

The purpose of the meeting was to consider a request for a variance made by Donald A Kronewitter for the subject property at 2633 Redfield Road. 

 

Public hearing opened at 7:02 pm

Robert Benjamin, zoning administrator addressed the ZBA and advised that areas of concern were the road status and current zoning ordinance regarding the use of accessory structures.  He stated that the township does not recognize Joanna Court as a road. 

 

Attorney Richard Lindenfeld, who represents Mr. Kronewitter, addressed the ABA and restated information contained in the application and answered questions.

 

Brenda Moore of LSL Planning, Inc. discussed the background of the application and addressed standards which must be considered by the ZBA in granting a variance.

 

The applicant spoke to the ZBA and answered question.  It was agreed that the applicant would make the subject property available for inspection.  The ZBA had concerns about converting the house to a workshop and what would need to be done in order that the present house not be used as a dwelling.

 

Public hearing closed at 7:42 pm.

 

Regular meeting opened at 7:43 pm 

 

After discussion, Diane Shields moved to table the application.  Seconded by Roger Kempton.  Motion carried 3-0.

 

Diane Shields moved to recommend to the Planning Commission that the Planning Commission consider amending the current ordinance to allow accessory buildings within the front yard as set forth in Section 3.08E in the third draft of the proposed zoning ordinance.

 

Motion seconded by Roger Kempton.  Motion carried 3-0.

 

Meeting adjourned at 7:50 pm.

 

 

Respectfully submitted,

 

Diane Shields

 

 

 

 

 

Zoning Board of Appeals

Unofficial Minutes for August 14, 2008 Meeting

 

The August 11, 2008 meeting of the Milton Township Zoning Board of Appeals was called to order by Chairman Roger Kempton at 6:04  pm.

 

Present:  Roger Kempton (chair)

                        Paul Boggs

                        Diane Shields

           

The purpose of the meeting was to review the decision of the zoning Administrator, Robert Benjamin, that a Bed and Breakfast is not a home occupation as defined in the current ordinance.  Public hearing opened at 6:05.  The Zoning Administrator spoke and the definition of home occupation was reviewed. 

 

Attorney Robert Landgraf addressed the ZBA.  Applicant’s property is 32 acres.  The only building on the property is a single family residence of approximately 2500 square feet.  Property is zoned rural residential. 

The zoning ordinance does not address Bed and Breakfasts and it is applicant’s position that a Bed and Breakfast is a home occupation.  Photos were presented along with letters from neighbors.  Letters are attached as Exhibit A. 

Brenda Moore, LSL Planning Inc., addressed the ZBA.  Home occupation are a use by right.  Usually  Bed and Breakfasts are a legitimate land use.  Typically the ZBA would look at ordinance and make recommendations to the Planning Commission as to where a use would be best accommodated if the ordinance does not include a legitimate use.

 

Public comment from Louis Stennis and Mrs. Boggs.

 

Public hearing closed at 6:45 pm.

 

Regular meeting opened at 6:45 pm 

 

Discussion held.  ZBA looked at definitions of home occupation and boarding and lodging.  Also looked at language in 3rd draft of proposed zoning ordinance. 

 

Motion by Paul Boggs to find that Zoning Administrator’s interpretation was correct; seconded by Diane Shields.

 

 

Roll call vote:    Diane Shields—yes

                        Robert Harvey—yes

                        Roger Kempton-yes

 

Board finds Zoning Administrator’s interpretation that Bed and Breakfast is not included in definition of home occupation is correct.

 

Motion by Diane Shields that the ZBA recommend to the Planning Commission that it consider amending current ordinance to include a definition of Bed and Breakfasts and include a Bed and Breakfast as permitted under special land use permit in Agricultural, Rural Residential, and Single Family zones under certain circumstances as set forth in the 3rd draft of proposed zoning ordinance. 

 

Seconded by Paul Boggs.  Motion carried 3-0.

 

Meeting adjourned at 6:48 pm

 

 

Respectfully submitted,

 

Diane Shields

 

 

 

 

 

 

 
 
ZONING BOARD OF APPEALS
 
 
VARIANCE
 
Robert  Chute and Margaret Meyers
3178 Runkle Road
Niles, MI 49120
 
March 6, 2008
 
 
 
Meeting began at 6:40 p.m.  No one showed up to object.  Roger Kempton made motion to grant variance, seconded by Paul Boggs, motion carried.
 
Paul Boggs motioned to adjourn, Roger Kempton seconded, motion carried.
 
 
 
 
 
 
Jacqueline Boggs, Milton Township Clerk
 

 

 

 

 

 

MINUTES OF MILTON TOWNSHIP ZONING BOARD OF APPEAL

December 18, 2007

 

 

 

Call to Order: Meeting was called to order at By Roger Kempton at 7:16 p.m.

 

Present:                      Roger Kempton, Robert Harvey, Diane Shields

 

 

Application of Vici Shepard/ Sandra Havener d/b/a Country Café considered.

 

Several options for approaching division of properties discussed.

 

Size of parcel on which restaurant is located is less than required lot size in residential zoning.

 

Motion by Diane Shields to allow the requested property split conditioned upon the rezoning of the parcel with the restaurant to commercial and contingent upon the granting of a conditional use for the operation of a restaurant.  If either commercial zoning or conditional use are not approved then the split is denied with the exception that the current signage shall be allowed.

 

Application for rezoning must be made within 6 months of this date.

 

Motion seconded by Roger Kempton.

 

Roll Call Vote:

 

Roger Kempton:   Yes

Robert Harvey:     Yes

Diane Shields:       Yes

 

Motion to adjourn by Diane Shields at 8:20 pm.  Motion Seconded by Robert Harvey.

 

                                   

 

 

 

 

 

 

Minutes of Milton Township Zoning Board of Appeal August 28, 2007

 

 

 

Call to Order:  Meeting was called to order by Roger Kempton at 6:40 pm.

 

Presentation by Robert Case of Abonmarche Consultants, representative for applicants Andrew and Cheri Legus of 2470 Redfield St.

 

 A discussion was held and the ZBA members found that the variance should be granted with the stipulation that the proposed sign will be removed after the sale of the final lot or within one year of this date, whichever is sooner.

 

Roll call vote:

 

Diane Shields—Yes

Robert Harvey—Yes

Roger Kempton—Yes

 

 

The variance was granted because of the special conditions and circumstances that exist which include the speed of which vehicles travel in the area of the sign and the location being at the bottom of two hills.

 

The board further finds that granting the variance is in harmony with the intent of the ordinance and is not injurious to the neighborhood or otherwise detrimental to the public welfare.

 

Motion to adjourn by Diane Shields at 7:00 pm, seconded by Robert Harvey.

Meeting adjourned at 7:00 pm.

 

Attached is an exhibit of the proposed sign.

 

 

 

 

 

 

 

 

 

 

 

 

 

MINUTES OF MILTON TOWNSHIP ZONING BOARD OF APPEAL

APRIL 30, 2007

 

Call to Order: Meeting was called to order at By Roger Kempton at 6:37 p.m.

 

Continued hearing held on variance application submitted by Sandra Heavner and Vici Shepard for real estate located at 2328 US 12.

 

The Zoning Board of Appeals reviewed a survey of the subject property and the Board after reviewing the survey and finding that an easement was involved which had not been previously addressed, denied the request for variance. 

 

Roll call vote:    Diane Shields     yes

                                    Roger Kempton  yes

                                    Roger Harvey      yes

 

Motion to adjourn at 6:55 pm by Diane Shields, seconded by Robert Harvey.

 

Meeting adjourned at 6:55 pm.

                                   

 

 

MINUTES OF MILTON TOWNSHIP ZONING BOARD OF APPEAL

Minutes of March 23, 2007

 

Meeting called to order by Roger Kempton at 6:37 p.m.

 

Hearing held on Application for Variance submitted by Sandra Heavener and Vici Shepard for real estate located at 2328 US 12 (Corner of Bell Road and US 12).

 

Presentation by Bruce Vosburgh, zoning administrator and Vici Shepard, applicant.

 

Questions from members of the committee concerning size and locations of parcels and buildings. 

 

It was determined that the parcels comply in all respects  with the Milton Township Zoning Ordinance with the exception that the parcel upon which the business is located is about 1/10 of an acre less than required in residential zoning.

 

Motion by Diane Shields to approve the application for variance with the condition that the Zoning Board will review the survey to assure that the parcel with the house is at least 60,000 square feet and that the remaining parcel (the one with the business) is substantially the square footage represented in the Application for Variance.

 

Motion seconded by Robert Harvey.

 

Roll call vote:        Diane Shields…..yes

                             Roger Kempton..yes

                             Robert Harvey…yes

 

Motion to adjourn, Diane Shields, seconded by Robert Harvey.

 

Meeting adjourned at 6:53 p.m.                    

 

 

 

 

MINUTES OF MILTON TOWNSHIP ZONING BOARD OF APPEAL

JULY 10, 2006.

 

 

 

Call to Order: Meeting was called to order at 6:08 pm by Roger Kempton.

                                     Pledge of Allegiance was recited.

 

Members Present:     Roger Kempton, Tom Walczewski and Diane Shields.

 

Agenda:                      Review of minutes of March 13, 2006 special meeting of Milton Township Zoning Board of Appeals.

 

Minutes amended to reflect that they were page 1 of 1 rather than page 1 of 2.

 

Motion to accept minutes of March 13, 2006 special meting as amended made by Diane Shields, second by Tom Walczewski.  Motion carried.

 

Adjourn:                      Motion to adjourn by Tom Walczewski, second by Diane Shields. 

                                    Adjourned at 6:12 pm.

 

 

 

Minutes of Special Meeting of the

Milton Township Zoning Board of Appeals

March 13, 2006

 

 

Call To Order:          Meeting was called to order at 7:00 PM.  The Pledge of Allegiance was given.

 

Members Present:   Roger Kempton, Tom Walczewski and Diane Shields.

 

Agenda:         T-Mobile Tower

Steve Woody was present for T-Mobile.  With a group of residents speaking against the proposed cell tower.

 

Discussion on the four mile limit and that the residents did not want to look at the tower from their properties. 

 

T-Mobile needs the tower for proper coverage in this area.  The tower needs to be located in a certain area to work properly.

 

 8:50 P.M-- Motion to Deny Variance made by Diane Shields 2nd by Tom Walczewski at.

Unanimous vote to deny—granting variance noting harmony with general purpose and intent of ordinance.  Motion Carried.

 

Reason—17.04 no special circumstances exist which are peculiar to the land, structure involved.

 

They did not demonstrate that they would be deprived of rights commonly enjoyed by other properties in the same district under the terms of this ordinance.

 

They did not demonstrate that granting variance would not confer on them any special privileges. 

 

9:00 p.m.  Motion to Adjourn by Diane Shields seconded by Roger Kempton.

                       

 

           

 

 

Zoning Board of Appeals

Special Meeting

 

November 14, 2005

 

7:30 p.m.

 

Members present:  Roger Kempton, Tom Walczewski, and Diane Shields

 

Meeting called to order with Pledge at 7:30.

 

Agenda: T-Mobile Tower

 

Herb Rosselit—Voiced concerns on by allowing a variance three (3) more towers could possibly be erected—concern for under four (4) mile distance between towers.

 

Discussion on why four (4) miles—with four (4) mile limit no other towers can be built.

 

Steve Woody not present, called, called back and will be here in thirty (30) minutes, arrived at 7:45 p.m. 

 

Presented T-Mobile’s intentions to expand Milton Township's coverage.

Maps   A.         Showed two (2) towers and coverage T-Mobile does not use

B.                  two (2) existing and using two (2) towers showing coverage

C.                 With new Redfield tower coverage

Map missing showing with all three (3) towers in use

Land owner leases property to T-Mobile

T-Mobile needs tower for proper coverage—will cross over into Indiana.  100 AMP service in towers.  Approximately 15-20% T-Mobile cell phone market—same for Milton Township. There is a small radius where tower can be located to provide adequate service and seamless coverage.   After all approvals it would take approximately one (1) month to construct tower. 

 

8:45 p.m. – Motion To Deny Variance:

1st Diane Shields

2nd Tom Walczewski

 

Unanimous vote to deny —granting variance noting harmony with general purpose and intent of ordinance.

 

Reason—17.04 no special circumstances exist which are peculiar to the land, structure involved.

 

Did not demonstrate that they would be deprived of rights commonly enjoyed by other properties in the same district under the terms of this ordinance

 

They did not demonstrate that granting variance would not confer on them any special privileges

 

9:00 p.m. Motion to Adjourn by Diane Shields seconded by Roger Kempton

 

 

 

 

Zoning Board of Appeals

Special Meeting

 

November 14, 2005

7:30 p.m.

 

Members present:  Roger Kempton, Tom Walczewski, and Diane Shields

Meeting called to order with Pledge at 7:30.

Agenda: On behalf of T-Mobile, ERS Telecom Properties is requesting a variance of setback and tower spacing at 2774 Redfield Road, Niles MI 49120.  This variance will allow T-Mobile to construct a 195’ monopole communications tower at this location.

 

 

 

 

 

August 22, 2005

 

7:30 p.m.

 

Members present:  Roger Kempton, Tom Walczewski, and Diane Shields

 

Meeting called to order with Pledge at 7:30.

 

Agenda: Variance for First Church of God 2349 US 12 East.

NEW SIGN     Scott Srmek—Church Representative

Violates 13.16.E  24 sq. ft. signs

New sign approximately 48 sq. ft.

 

Section 13.20 says existing sign should have been removed with in three (3) years of effective date of ordinance.  Sign has been there for twenty (20) years plus.

 

If variance approved, approval would override Section 13.20 making sign conforming.

 

13.16.E Sign IDENTIFYING Church must not exceed 24 sq. ft.  But see description on page 11.  Which is total sign structure.

 

Reviewed Section 17.04.A 1, 2, 3, &4 for granting variance.

 

Motion to Deny Variance:

1st Tom Walczewski

2nd Diane Shields

 

Unanimous vote to deny

 

Discussion of sign ordinance and if any others are in violation.  Other options for sign repair, Etc.

 

Adjourn at 8:15 pm, Tom W. Motioned 2nd by Diane S.

 

 

 

 

Zoning Board of Appeals

Regular Meeting

 

January 03, 2005

6:38 p.m.

 

Call to order 6:38 P.M. by Roger Kempton.

 

Motion to accept:    T. Walczewski, 2nd by Roger Kempton

 

No New Business.

 

Discussion on Walter Stuglik properties where variance was approved and structures were supposed to be removed, they are still standing.  Is there or was a date set for removal?

 

Motion to adjourn 7:45 P.M. T. Walczewski, 2nd by Roger Kempton

 

 

 

 

Roger Kempton

 

RK/jmb

 

 

 

 

 

MEETING MINUTES

 

Zoning Board of Appeals

Regular Meeting

 

January 5, 2004

6:30 p.m.

 

Called to order by Roger Kempton with Pledge.  All members present.

 

Consider of Diane Shields' request for Variance.

 

Variance approved by 3-yes, 0-no.

 

Meeting adjourned 6:50 p.m.

 

 

6:55 p.m.

 

Consider of Variance for James A & James L Glick.

 

Variance approved by 3-yes, 0-no.  Stipulation that no slats shall be installed in fence to block visibility.

 

7:10 p.m.

 

Jim Rohdy

 

 

 

Zoning Board of Appeals

Regular Meeting

 

July 7, 2003

 

Meeting called to order at 6:30 by Roger Kempton with pledge to the flag.

 

Minutes approved of June 24, 2003 Special Meeting.

 

Old Business

 

New Business

 

Application for Variance

     Dennis & Rosemary Shirk

     2394 US 12 E Niles MI

Motion by Tom Walczewski, Seconded by Jim Rohdy to approve Variance.   

New building shall be same size or smaller than original.

3-yes, 0-no

Stated new building will be 2160 square feet.

 

Please send letter to Dennis & Rosemary Shirk stating the approval of the variance request.  Same location as old one.

 

Application for Variance

     Angela Deshone

     703 Beebe Rd.  Niles MI

 

Motion by Jim Rohdy, seconded by Tom Walczewski to approve variance.  A deed restriction on the 15.7 acres will not be split.

3-yes, 0-no

 

Please send a letter to Rick Ryker, Angela Deshone stating the application has been approved.

 

Meeting adjourned at 7:10 p.m.

 

 

 

 

Zoning Board of Appeals

Special Meeting

 

June 24, 2003

 

 

Special meeting called to order at 6:41 to review Barbara J. Blumka request for Variance.  All ZBA members present.

 

Motion to not approve variance made by Tom Waslczewski.  Seconded by Jim Rohdy.  3- yes; 0- no.

 

Meeting adjourned 7:05 p.m.

 

 

--Jim Rohdy

 

 

 

 

 

 

Zoning Board of Appeals

April 22, 2002

 

 

Meeting called to order at 6:34 p.m. with Pledge to the flag.

 

Aggregate stated their request with input from the people living nearby.

 

Motion made to accept a Variance with a change, 7 a.m. to 7 p.m. during Eastern Standard Time, Monday through Saturday, and 6 a.m. to 7 p.m. Eastern Daylight Savings Time, Monday through Saturday.  Only loading of trucks may occur between the hours of 6 a.m. and 7 a.m. Eastern Daylight Savings Time.

 

Motion made by Jim Rohdy.  Seconded by Patty Carr.  All voted yes.

 

Motion by Patty Carr to adjourn.  Seconded by Jim Rohdy.

 

Meeting adjourned at 7:20 p.m.

 

 

Sincerely,

 

Jim Rohdy

 

 

Zoning Board of Appeals

Regular Meeting

 

April 1, 2002

 

 

Meeting called to order at 7:10 p.m.

 

Application for Variance from Aggregate Industries to change _______ from 7-7 M-S to 6-7 M-S.

 

Members Present:

 

     Jim Rohdy

     Roger Kempton

     Tom Walczewski

 

Tom Walczewski stepped down and Patty Carr took his place on this Variance Application.

 

No action taken at this time.  Meeting adjourned at 7:30 pending further information from residents and Conditional Use from the mining.

 

Will meet on 4/22/02 at 6:30 p.m. to make final decision for Aggregate.

 

Send notice to Aggregate and tell them the time of the meeting 4/22/02, 6:30 p.m. local time.

 

 

Zoning Board of Appeals

Regular Meeting

April 1, 2002

 

 

Meeting called to order at 6:45 p.m. with Pledge. 

 

Members present:

     Jim Rohdy

     Roger Kempton

     Tom Walczewski

 

Application for Variance

 

To allow for less than a 5-acre minimum to build from Agricultural to Production.

 

Approved with stipulation that manufacturing could never occur.

 

Motion made by Tom.  Seconded by Jim.

 

                        Yes       No

 

     Jim Rohdy          X

     Roger Kempton      X

     Tom Walczewski     X

 

Meeting adjourned 7:10 p.m.

 

 

Page updated 04/04/2007