The ZBA has dedicated their annual report in the memory of the late George Mathias, Chair. George served the Township for over 15 years. He passed away in January, 2001.
This past year has shown a decrease in the number of appeals heard by the Zoning Board of Appeals. Nine meetings were held in which review of 27 appeals took place as compared to the previous year (35). This year appeals centered on accessory structures with a decrease in waterfront structures. The appeals categories and the number reviewed in each area are as follows:
Accessory Structures 7 Additions 2 Average Waterfront Setback 0 Fences 3 Interpretations 2 Lot Splits 1 New Homes 1 Non-Conforming Lots 4 Non-Conforming Site Plans 0 Non-Conforming Structures 4 Signs 1 Site Plans 1 Waterfront Structures 0 Withdrawn Applications 1
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:
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.
2000-2001 Annual Report
Printed from Grosse Ile Online
http://www.grosseile.com