Planning Commission - Regular Meeting

Yep. You guys got it. Okay, you guys ready? Call the meeting to order. Please rise for the pledge of allegiance. To the flag of the United States of America and to the rep for it stands one nation under God indivisible with liberty and justice for all. Take roll call. Hornberger hustel here. Tachic here. Baron here. Fernazo here. Smith here. Approval of the agenda. Is there a motion? So move. Support. Moved by uh motion by Hornberger. Supported by Leavell. Uh support by Tekachic. All those in favor say I. I. I. Oppos. Same sign. Agenda is passed. Good evening. Uh, I'd like to welcome you to the Chesterfield Township Zoning Board of Appeals. This board is a quasi judicial board which consists of seven members. In order for your variance to be granted this evening, of you must receive a majority of the full vote of the board, which is four. In order for this board to grant you a variance, you must prove a practical difficulty exists. Unfortunately, personal circumstances or financial hardships rarely provide a basis for satisfying the standard set forth in section 7.2. 2E6 of the township zoning ordinance. If your variance is granted, you have six months to obtain the required permits or your variance will expire and you must

reappear before this board. If your variance is denied, you have the right to appeal this decision by state statute. Uh you may appeal to the circuit court and you have 30 days to file such an appeal. Uh there is no township board that can override a zoning board of appeals decision. All cases will be heard in the order in which they appear on the agenda. I will call the case and open the public hearing. Uh the applicant will have an opportunity to speak and board ask questions. Then the public anyone in the public who wishes to uh speak will have three minutes to do so. Uh we ask that you please state your name and uh write your address down for the record when you do speak. After u I close the public hearing. Uh it will come back to the township to the township to the zoning board of appeals for consideration and a motion based on a roll call vote. Uh there are two uh variance requests this evening. We will consider both variance requests of during that public hearing. However, once the public hearing is closed, there will need to be two motions of one for each variance request. So the next item on the agenda is the actual petitions themselves. One is petition number 2025-05 for parcel number 1509074005. This is a request of a variance of section 3.6B for a 100 foot lot width from the required 120 foot minimum. The second petition which is 2025-06 same parcel and address is requiring a variance from section 3.6B of the 1 acre

lot acreage requirement and that variance is for a 838 of acre lot which is a 1.162 variance request. Um is there a motion to open the public hearing? A motion to open the public hearing. Hustic motions to support support label supports. All those in favor? I oppose. Same sign. Okay. The hearing is open. Uh would the applicant please approach the stand? State your name and address and that please. Oh yeah. Turn the button on the front on. When the red light comes on, you'll know you're on. Perfect. There you go. Daniel Delau. Please u tell us anything you would like us to know about these two requests. So the first request um uh it's 120 foot minimum. Um I looked at nearby properties and some of the different properties were at 90 ft. So 10 ft shorter than what I'm requesting. Um, the way I parcelled it off, I just tried to allow enough room to bring in a

driveway. Um, because I'll have to pull that back. I plan to live farther behind the current residence that that there is now. Um, and that's pretty much all that there is for that one. Um, on the second one on lot uh minimum as well, um, I just kept the property line as tight as I could to the house to allow me to make sure I had enough uh, room for a driveway and to not encroach onto the septic field or the septic tank. Um, and then I made sure I had enough room behind the green barn that's there. Um, I think it was 12 foot I think I allowed or 10, whatever the minimum was when I talked to uh Joel. Um, other than that, I kept it right up against my mom's property uh that is two houses uh away from the new parcel, so next to the White House parcel at 26551 and just brought it all the way back. Um, I kind of did the parcels in a sense instead of knocking down that house and probably just making more of a mess on my hands. I decided to create two parcels and allow for an extra residence inside the township, which I thought would benefit and um, allow me to, you know, live next to the house I grew up in and stay in Chesterfield instead of having to, you know, go and find a house, wherever that may be. Do any members of the board have a question for the applicant? Mr. Chair, if I may. Yes, Mr. Delau. Um, just a couple of questions for you. Do

you intend on building another home on that 100 foot parcel up by 24 mile road up front? Not up front. No, not up front. Okay. Here's my Here's my question. And um you know, I was looking at what you've done there and um do you feel that you have enough room for the for the existing home that you have there now? If that if that septic system fails, do you have room for an overflow system someplace on that property? So, yes, I unfortunately accidentally burned uh the proper the grass above my septic tank, so I know exactly where it is right now, the fertilizer. But um I'm able to I down and talk to S uh sanitary. I would move that. Um I actually have the parcel here just so um here's the septic uh the field. I have enough room here. There's a a garden bed and trees that I'd have to rip up, but there is enough overflow for an engineered uh field there. Okay. Well, the reason I'm asking that question is is um if if you know I think you have a wonderful plan to put a house back there. It's a nice piece of property. It's a great place to be. Um just as a you know just as a as a suggestion a scenario you're asking for two variances. One is to give you a variance for the minimum lot size which I believe is an acre on that as is zoned because it's currently zoned as well as um 120 foot minimum. What if you were to slide that line over for the existing home to give you the acre on the existing piece of property and um you would only have just the one variance for a skinnier lot for your driveway to go back go back to your property. I mean, just as a suggestion,

do you see any you see any reason you couldn't do that? So, I actually did explore that with uh Jonathan at the uh township office and we were still under a one acre bringing it over. Oh, really? It was like just under. And he goes, "Well, what if we brought it back more?" Then he started bringing it back more behind the barn and it like it he goes, "You would have to go back x amount." and he said, "Let's just leave it the way it is and see uh see how they view it." He goes, "I already know they're going to ask about that." And so he goes, "I'll write my letter and do do my due diligence for you." But he said, "The farther we bring it over, the less driveway you'll have." And he goes, "I need to make sure I give you enough room or you're going to encroach with the driveway." I go, "Okay." And so then he started bringing it back and when he was on the computer it just started taking a while to get to an acre unfortunately. Okay. But um yeah, I'm not I'm definitely not opposed to it, but it just he said bringing it back behind the green barn uh I would have had to keep creep them back. He said I'm talking in front of the house to make it 120 foot lot is what I'm talking about. And you know you don't you couldn't do it. I didn't do the math. Yeah. It doesn't work. Yeah, he he said it didn't work. Um, but I mean, if you guys would appreciate me trying to bring it as close to an acre as possible. I mean, that that sounds more reasonable on my part. Um, I can pretty much take that one that one line there. Um, and just go straight to the road. And then it the the other issue was I think it brought me under like I think it was like 75 ft. a frontage. So then it was like a double-edged sword. But whatever, you

know, looks better or sounds better, I am not not against by any means. I think what Mr. Leel is getting to is the fact that, you know, our job is to make sure that we bring your site plan into as much compliance as possible. And so the variance on the one acre would be less a less of a variance than is than what you're requesting now. Of course, right? And you would only have to ask for a variance on the driveway portion for the 120 ft rather than for both parcels basically that you're dividing. What I'm asking, right? Okay. Just a consideration. Um the master plan does call for that area to be R1B eventually, but Who knows when that's going to happen. We have no sewers. You have no sewers down there. Everything's on septic. So, it's not right now. It's just not feasible. But that is the master plan which allows for a 70 foot lot, I believe. Okay. Eventually, R1B. Um, but I I can't see that happening at any time soon. Exactly. Thank you, Mr. Chair. Those all my questions. Does anyone else have a question for the applicant? Okay. Well, it's at this point that I offer anyone from the public who would like to speak uh to do so. Would anyone like to speak? Thank you. Go back to the applicant and and is there are there any more questions? And I think at this point we have we close the public hearing and have discussion amongst ourselves. Make a motion. I'll make a uh I'll make a motion to close the public hearing. Is there

support? Sup support by Veron. All those in favor? I opposed. Okay. Thank you. So discussion amongst ourselves and I'll entertain a motion from any member of the board. I don't have a problem with the 200 foot lots, two 100 foot lots. Um there are 100 foot lots up and down the road. In fact, his grandfather's lot is 100t wide, but it's much deeper. Um I don't have problem if unless someone else wants to continue on with whatever suggested I am as well. So hearing no objection I will entertain a motion from anyone with the appropriate requisites. I'll make a motion to approve petition 2025-05 for the practical difficulty of the surrounding areas of parcel 15-09-07-400-005. I'll support that motion. Supported by made by Baron, supported by Smith. Ber yes yes yes fazo yes motion passes unanimously so petition 06 is there a motion I guess I'll keep going I'll make a

motion to approve ZBA petition 2025-06 for parcel number 5907400-005 to approve the variance from section 3.6B 6B for a 26 variance as for the same reason as I passed the other one for the practical difficulty of the width of the total lot. Motion by support. Supported by Hustik Hornberger. Yes. Lelachic. Yes. Smith. Yes. Yes. Motion passes unanimously. Next item on the agenda. Thank you. Approval of the minutes from May 28th ZBA meeting. Is there a motion to approve the minutes? I'll make a motion to approve the minutes from May 28th, 2025. Motion by Baron. Is there support? Support. Support by Fazo. All those in favor say I. I. Oppose. Same sign. Minutes have been approved. Public comments. Seeing none, I'll entertain a motion to adjurnn. Motion to adjurnn. Motion made by Hustik. I'll support that motion. All those in favor? Hi. Hi. Hi.