Minutes: August 8th, 2012


AUGUST 8, 2012


Marvin & Julie Shirk
Matt Montowski

The Pledge of Allegiance was recited. Chairman Bryan Baugh called the meeting to order at 7:30 p.m. Board members in attendance were Bryan Baugh, Jack DeVore, Sandy Erwin, Tom Anslow and Jack Zeigler. Alternate member in attendance was Shelly Stively. Doug Blackburn called and stated he could not be in attendance. The zoning inspector, Walter Wehenkel, was in attendance as well as Township Trustee Matt Montowski. Mr. Baugh read through the procedure to be followed for the meeting. There were no questions. Mr. Baugh asked the secretary to read the first case.

Case # 543768

Sandy Erwin provided the following information concerning this case. The request is for an area variance from Marvin & Julie Shirk for property at 5158 E. Gardner Road (lot 17 Gardner’s Landing #2) in Section 3, Lot 12. The property is presently zoned “C-4”. The applicant is proposing to replace an existing 1973 manufactured home that is twelve feet by sixty feet with a newer 1998 manufactured home that is sixteen feet by sixty-eight feet and will maintain or exceed the existing front and side yard setbacks but not the rear yard setback. The present rear yard setback is thirty-two feet and the proposed rear yard setback would be twenty-four feet. There is no correspondence and all parties have been notified.

Bryan Baugh swore in Marvin & Julie Shirk. Marvin Shirk stated that the condition of the existing manufactured home is not very good. Several Board members agreed that its condition was not very good when they viewed it in their field visits. Sandy Erwin asked if the three trees in the rear would be removed. Julie Shirk stated all of the trees would be coming down. Jack Zeigler noted the trees presently block the view of the manufactured home.

Bryan Baugh asked if the Shirks had any photographs of the manufactured home they were proposing to relocate on this property. Mrs. Shirk presented a set of small photos from the internet. Unfortunately she was unable to make them larger. It has a shingle peaked roof and is in good condition. Bryan Baugh asked if they have physically seen the structure. Marvin Shirk said they had. It has six inch walls, storm windows, pitched shingle roof, and is just a very good improvement over what they presently have on the site.

Jack Zeigler asked if the Shirks planned to use the existing deck. Mr. Shirk stated that was the intent. Jack Devore asked if the new home would be placed on a foundation. Mr. Shirk stated it would be placed on piers. If it is in an area subject to flooding there would be tie down requirements as well. Mr. Shirk has not been able to get that determination yet. Mr. Wehenkel stated the Regional Planning Commission can identify if the property is subject to flooding. If it is subject to flooding, there would be a need to elevate it above the base flood elevation. A surveyor would be required to certify that the elevation occurred. Tom Anslow stated he has seen a situation where a replacement trailer was raised where the old one was not. A general discussion followed on the flood insurance program.

Tom Anslow noted the site was marked very well and it was easy to understand the variance request. Sandy Erwin agreed. Bryan Baugh noted there is plenty of room remaining in the rear yard with the requested variance. Mr. Shirk indicated the stairs on the side are shown for the other exit. The existing home does not have an exit on that side. Tom Anslow stated based upon the existing conditions in the area, the request is okay.

Bryan Baugh asked for any additional testimony. Their being none, Mr. Baugh closed the public hearing.

Tom Anslow stated it is generally more difficult to line up the back of homes. It is much easier to do this in the front. The Shirks could move the home forward about a foot and still be in line with the other homes. This would increase the rear yard by one foot as well. It is an option. Mr. Shirk stated moving it forward a foot would not create any problems. Bryan Baugh stated that would require an amendment to the application to change the rear yard request from 24 to 25 feet and the front yard to 7 feet. He did not feel the existing request was a problem.

Mr. Baugh polled the other Board members for comments. Jack DeVore stated he had no comments knowing the trees were being removed. Jack Zeigler, Sandy Erwin, and Tom Anslow all indicated they had no comments. Walter Wehenkel explained the criteria for replacement of a manufactured home as specified in the zoning resolution. He stated the Shirks were staying within the existing footprint or meeting the setback requirements for the zoning district except in the rear. That is the only variance necessary to allow the home to be replaced as requested.

Bryan Baugh asked Sandy Erwin to read the Finding of Fact. The Board agreed with the responses to questions #1, 2, 3, 4, 5, & 7. They disagreed with the response to question #6 stating a similar size manufactured home could be used to replace the existing home. Mr. Anslow stated that based upon this location, it really is not a problem.

Bryan Baugh asked for a motion on case 543768. Jack Zeigler moved to approve the request as submitted. Tom Anslow seconded the motion. The motion passed with all members voting in the affirmative.

Bryan Baugh requested a motion to approve the July 11, 2012 meeting minutes as mailed. Sandy Erwin moved to approve the minutes as mailed. Her motion was seconded by Jack DeVore and passed unanimously with Tom Anslow abstaining.

Jack DeVore moved to adjourn the meeting at 7:58 p.m. Tom Anslow seconded the motion which passed and the meeting was adjourned.

___________________________ _______________________________
Bryan Baugh Sandra Erwin