Zoning Board of Appeals - Regular Meeting

Request for Appeal

Applicant Information Name of Owner: Gregory G and Shelley J Bausch Trust Address: 23920 N Church Rd., Scottsdale, AZ 85255 Phone #: 989-488-8512 | Cell#: 989-488-8512 | e-mail: ggbausch@gmail.com Property Information Address: 3655 Kari St., Manistee, MI 49660 | Parcel # 51-11-530-048-00 Present/proposed Land Use: Building single family residence Detailed Narrative of Request We are requesting a 17ft. variance for the east side of the home. While a building permit was approved with 10ft. offset on the east side, two things have happened. First, following the siting and plan, the contractors doing the work placed the rear east (southeast corner) 2 ft. closer than the plan. Second, we are now being told we need 25ft. offset on the east side based on the paper road (McMillan) that has never existed. So this has led to the need for a 17ft. variance. Detailed Request and Justification Side Yard Set Back (west side) | From 35 ft | To fill (all closest point) Other: | Explain: per detailed explanation, no road has existed AFFIDAVIT: The undersigned acknowledges that if a variance is granted or other decisions favorable to the undersigned is rendered upon this appeal, the said decision does not relieve the applicant from compliance with all other provisions of the Township of Onekama Zoning Ordinance; the undersigned further affirms that he/she or they is (are) the (owner/lessee/authorized agent for the owner) involved in the appeal and the answers and statements herein contained and the information herewith submitted are in all respects true and correct to the best of his, her or their knowledge and belief. By signing this affidavit permission is given for Zoning Board of Appeals Members to make a site inspection if necessary. Fee of $750.00 enclosed and Site Plan for project attached (request cannot be issued without site plan).

Detailed Explanation

- The owners, Greg and Shelley Bausch, are pursuing this variance based on the current situation and circumstances - The owners are building a single story, modular home on the property. The modular home construction is nearly complete and deliver was scheduled for mid-October based on the completion timing, and based on receiving all necessary permitting, including the building permit and working with the local contractor on a timeline for site preparation. - We worked with a local contractor, Colton Podbilski, chosen by the Dickinson Homes, the builder of the modular home. He supported the permitting process including developing a site plan and obtaining the building permit. This site plan was developed for 10 ft. side offsets, and was approved. - When Manistee planning team visited the site, the found that the footers that have been poured for the site are only 8 ft. from the property line. - They also realized that the adjoining property is on paper a road end, and that we should have a 25ft. offset on that side. - This is leading us to request an expedited variance approval of the 17ft. variance from the closet point on the east side of the house. - This lot is somewhat different than many in the area as there is no buildable land on the back side of the property (to the south). - We are building the home with the idea of blending into the woods and minimizing our overall footprint on the property. - All parties have discussed and agreed this is the best solution.

Further Background

- We were aware that this is a road end but did not understand that required a different setback, thus the reason for the plan being submitted and approved with 10ft. setback to the east. - Our property is the very back lot of buildable land in the part of the subdivision, so it is not every feasible for homes to be built behind. - The lot directly to the east on the other side of the paper plated road (McMillan Rd.) is owned by Andrew Warner and Deanna Behring, my wife's sister and her husband. - Previously we had jointly discussed the issue of pursuing an official road abandonment, since we are the only two properties that would have any interest in a road being there. And both parties agree we would never pursue this. Our addresses are Kari St. and we are building our driveway to come off Kari St., like the other homes along that road. In the end we did not pursue this official abandonment because it might be a long and tedious process. - There are other parts to the north of our property, where the paper platted road, MacMillan St. is also not complete - There is absolutely no one that is disadvantaged in any way by approval of this variance. - We created the current site plan to locate the property a bit more to the east, as the current built property to the west is close to the lot line. It may have the proper 10ft. offset, I am not certain, but we were trying to create a bit more space to be neighborly, and because our relatives owned the other property to the east.

Certification of Trust

The undersigned desire to confirm the establishment of a revocable living trust named GREGORY G. BAUSCH AND SHELLEY J. BAUSCH TRUST (hereinafter referred to as the "Trust"). The following provisions are found in said Trust and may be relied upon as a full statement of the matters covered by such provisions by anyone dealing with the original co-Trustees or their successors. CREATION OF TRUST The Trust was created on January 13, 2012, as amended and restated concurrently herewith, by a Trust Agreement executed by the undersigned as Settlors and co-Trustees, for the benefit of the undersigned during their joint lifetimes, thereafter for the lifetime benefit of the survivor, and ultimately for the benefit of other successor beneficiaries in interest. NAME OF TRUST The name of the Trust is GREGORY G. BAUSCH AND SHELLEY J. BAUSCH TRUST. Any assets held in the name of the Trust should be titled in substantially the following manner: GREGORY G. BAUSCH and SHELLEY J. BAUSCH, as co-Trustees of GREGORY G. BAUSCH AND SHELLEY J. BAUSCH TRUST U/A dated January 13, 2012. TRUSTEE The currently acting co-Trustees of the Trust are GREGORY G. BAUSCH and SHELLEY J. BAUSCH. If either of said co-Trustees shall cease to act for any reason, the other shall act as sole Trustee of the Trust. In the event that both cease to act for any reason, they shall be succeeded by MATTHEW BAUSCH as the successor Trustee. SIGNATURE AUTHORITY While both Settlors are acting as co-Trustees, only one signature shall be required to conduct business with respect to property and/or assets held or owned by the Trust. REVOCABILITY OF TRUST The Trust is revocable. The persons holding the power to revoke or amend the Trust are GREGORY G. BAUSCH and SHELLEY J. BAUSCH.

Purpose:

The intent of the regulations for this district is to preserve the residential character and waterfront environment of properties near or along the south shore of Portage Lake by limiting residential units to three (3) per acre and requiring a minimum dwelling size, while at the same time, allowing certain special uses which are compatible with, and augment lakeshore living.

Home Occupation.

Parking for currently licensed automobiles.

Storage of recreational vehicles, boats, boat trailers or trailers, owned by the property owner.

On lake front parcels, one boat dock for private use.

Signs as permitted in Section 1015.

Parks and Play grounds.

Accessory uses to the above.

Marinas and Launching ramps.