MINUTES OF THE REGULAR MEETING OF THE GEORGETOWN CHARTER TOWNSHIP ZONING BOARD OF APPEALS HELD SEPTEMBER 27, 2006

The meeting was called to order at 7:30 p.m. by Chairman Daniel Lennington.

Members Present: John Fanthorpe, Greg Honderd, Joyce Weise, Daniel Lennington and

Carl DeVree

Members Absent: none

Others Present: Mannette Minier, Secretary and Zoning Administrator, and the applicants

#060927-01 - Approval of the minutes

The minutes of the special meeting held on August 13, 2006 meeting were presented.

Moved by Joyce Weise, seconded by Carl DeVree, to approve the minutes of the special meeting held on August 13, 2006, as presented.

MOTION CARRIED.

#060927-02 – (VAR0616)

Westenbroek Mower, Inc.,7670 Cottonwood Dr., is appealing the zoning administrator’s interpretation and enforcement of the provisions of the Zoning Ordinance under Sec. 28.10 that the use of a limited display of products within the porch area of the building and on the front lawn is an open air business as defined in Sec. 2.77 and subject to the requirements of Sec. 20.4(Z), alternately and in addition, the applicant is requesting to have a minimum lot width of 161 feet, a variance of 39 feet from Sec. 20.4(Z)(2) which requires a minimum lot width of 200 feet for a special use permit for an open air business, in a (CS) Community Service Commercial district, on a parcel of land described as P.P. # 70-14-13-100-092, located at 7670 Cottonwood Dr., Georgetown Township, Ottawa County, Michigan.

The applicants submitted a letter stating that they would enclose the overhang, as suggested by the zoning administrator, and requested to withdraw the variance application since displaying lawn mowers and tractors within the enclosed overhang area would meet the ordinance requirements for displaying within an enclosed building and would still meet front yard setback requirements.

The chairman opened the public hearing. No one was present to speak on this topic. The chairman closed the public hearing.

Moved by Carl DeVree, seconded by John Fanthorpe, to accept the withdrawal of the request.

MOTION CARRIED.

#060927-03 - (VAR0617)

American Sunrooms & Patios, Inc., 2900 Wilson, is requesting to have a pool (accessory use) located six feet from the main structure, a variance of four feet from the ten feet required in Sec. 3.4(C), in a (LDR) Low Density Residential District, on a parcel of land described as P.P. # 70-14-21-155-016, located at 3110 Sunnycreek Ct., Georgetown Township, Ottawa County, Michigan.

Larry and Lori DeYoung, 3110 Sunnycreek Ct., were the applicants and presented the request. They stated the following. Their son has Downs Syndrome and used the pool for therapy. Their son was healthier and happier when he was able to swim in the pool. The pool liner would have to be replaced and the pool would be moved to a location that meets the ordinance at that time.

Dan Lennington said asked how long it would be before the pool liner was replaced and the applicants indicated that the liner was supposed to last 10 years and they had it for six years already.

The zoning administrator presented a review.

The chairman opened the public hearing. No one was present to speak on this topic. The chairman closed the public hearing.

John Fanthorpe asked if the existing deck would be enclosed and was told yes.

Joyce Weise asked if the 12 foot by 12 foot deck connected to the pool and a picture of the backyard was presented.

The applicants indicated that the sliders would open to the west and the sun room would not connect to the pool.

Joyce Weise asked if they would use the connector.

The applicants stated that their son was afraid of the alarm.

Joyce Weise asked if the pool was covered when not in use and was told yes.

Greg Honderd stated that the pool was round and only one point was 6 feet from the house and the rest of the pool was further; and, therefore, only a small part did not meet the ordinance.

Dan Lennington asked how the pool provides health benefits.

The applicants stated the following. Their son has poor stamina and brain damage. He also is sickly with asthma. Since they got the pool he has increase his lung capacity and is able to swim underwater. His height has increased and he is eating better. He swims daily and enjoys it very much. The health benefits are huge.

The zoning administrator stated that she had contacted the planner and found that it was acceptable to grant a variance with a time limitation, if the ZBA chose.

Dan Lennington said the following. There have been two other situations were the ZBA has taken into consideration the special needs and uniqueness of the applicant’s situation. For instance, one variance was granted for an applicant who needed a larger garage to accommodate a vehicle and still be wheelchair accessible.

Dan Lennington said that the situation is extraordinary and all the standards of the ordinance have been met. He said that he agrees with Greg Honderd and it is only a small portion with very little impact that is close to the house. He said that the round shape of the pool mitigates the location. He also said that the applicants plan to move the pool into compliance at the time the liner is replaced and no variance would be needed at that time.

Joyce Weise said that a letter or bond could be required.

Dan Lennington said that a variance runs with the land and if the property was sold there would be no circumstances for the new occupant.

Moved by Joyce Weise, seconded by John Fanthorpe, to approve the request for Variance (VAR0617) for American Sunrooms & Patios, Inc., 2900 Wilson, to have a pool (accessory use) located six feet from the main structure, a variance of four feet from the ten feet required in Sec. 3.4(C), in a (LDR) Low Density Residential District, on a parcel of land described as P.P. # 70-14-21-155-016, located at 3110 Sunnycreek Ct., Georgetown Township, Ottawa County, Michigan, based on conformance with the seven standards of the ordinance, with the condition that the applicants provide a letter or bond that the pool would be moved to a location that meets the ordinance if the property is sold or no later than four years from now.

MOTION CARRIED.

#060927-04 - Adjournment

The meeting was adjourned at 8:47 p.m.