Zoning Board of Appeals

1999-2000 Annual Report

Members in standing:

George Mathias, Chairman; Amanda Phillips, Secretary; A. John Schweickart, Planning Commission Chairman; Les Neal, Township Trustee; Jacqueline Snow, Michael Bozenski and Thomas Esordi.

This past year has shown a decrease in the number of appeals heard by the Zoning Board of Appeals. Nine (9) meetings were held in which review of 35 appeals took place as compared to the previous year (40). This year’s appeals center around nonconforming structures and nonconforming lots, with an increase in waterfront structures. The appeals categories and the number reviewed in each area are as follows:

Accessory Structures - 5
Additions - 6
Average Waterfront Setback - 0
Fences - 1
Interpretations - 0
Lot Splits - 1
New Homes - 2
Non-Conforming Lots - 6
Non-Conforming Site Plans - 0
Non-Conforming Structures - 8
Signs - 0
Site Plans - 0
Waterfront Structures - 6
Withdrawn Applications - 0

In addition to the numerous reviews Article 23, Variances and Amendments, was revised. The most notable revision added and expanded review standards for variances and appeals.

Fact-finding, motions and voting are the backbone of every ZBA. Executing fact-finding, motions making and voting properly ensures the public record is made. After all is said at a public hearing, the ZBA members must separate facts from opinions and use these facts to determine if a hardship or practical difficulty exists.

The public record is very important. A ZBA decision can only be appealed to a circuit court. If a case is appealed, the court only looks at the public record that the township has kept. The court does not hear new evidence or arguments. The court examines the public record and determines if the ZBA decision:

• Complies with Michigan’s constitution and laws,
• Is based upon proper procedure,
• Is supported by competent material and substantial evidence on the record; and,
• Represents the reasonable exercise of discretion granted by law to the board of appeals.

Since the circuit court only examines the public record, it is very important for the ZBA to follow proper procedures in conducting a public hearing, fact-finding and decision making. This will ensure applicants are treated equally and the public record is adequate to explain the ZBA’s actions.

1999-2000 Annual Report

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