Zoning Board of Appeals

2006 Annual Report

Members in standing: Thomas Esordi, Chairman; James Bintinger, Vice-Chairman; Michael Bozenski, Secretary; A. John Schweickart, Planning Commission Chairman; Anne Javoroski, Planning Commission Secretary, Ute O’Connor, Township Clerk; Paul Krutsch, Robert Pierce and Jackie Davies (Alternate)

The number of cases heard by the Zoning Board of Appeals (ZBA) declined from the previous year. The ZBA conducted nine (9) regular meetings, during which eleven (11) applications were heard. In 2006 the cases centered mainly on accessory structures and nonconforming structures, which is consistent with the previous year. The categories and the number reviewed in each area are as follows:

Accessory Structures …………………………… 3

Appeal Decision ………………………………… 1

Non-Conforming Structures ……………………. 3

Road Extension …………………………………. 1

Building Separation……………………………… 1

Waterfront Structures …………………………… 2

Fact-finding, motions and voting are the backbone of every Zoning Board of Appeals. Properly executing fact-finding, motion making, and voting ensures the public record is made accurately. After all is said at a public hearing, the Zoning Board of Appeals members must separate facts from opinions and use the facts to determine if a hardship or practical difficulty exists. This will ensure that applicants are treated equally and the public record is sufficient to explain their actions.

The public record is also very important as ZBA decisions can only be appealed to Circuit Court. If a case is appealed, the court relies on the public record kept by the Township to determine if the 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.