Zoning Board of Appeals

Members in standing: Thomas Esordi, Chairman, Michael Bozenski, Secretary, A. John Schweickart, Planning Commission Chairman, Les Neal, Township Trustee, Jacqueline Snow Davies, James Bintinger, Paul Krutsch.

Appeals heard by the Zoning Board of Appeals are still declining. Seven regular meetings and one special meeting were held in which review of 23 appeals took place as compared to the previous year (27). This year appeals were not centered on any one category. Most appeals dealt with nonconforming lots, nonconforming structures, accessory structures, additions and new homes. The appeals categories and the number reviewed in each area are as follows:

Fact-finding, motions and voting are the backbone of every Zoning Board of Appeals. Executing fact-finding, motions making, and voting properly ensures the public record is made. After all is said at a public hearing, the Zoning Board of Appeals 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 Zoning Board of Appeal’s 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 Zoning Board of Appeal’s actions.

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