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Zoning Board of Appeals

Present: S. Bishop, B. Cole, D. Goulston, H. Mancini, B. Ruemenapp

B. Cole moves to approve the minutes of the Zoning Board of Appeals Quarterly Meeting held January 14, 2010, corrected as follows:

"ZONING BOARD OF APPEAL OFFICERS FOR -(2009) 2010:"

S. Bishop seconds the motion. M/C

 Motion - to Approve Agenda

D. Goulston moves to approve the agenda as presented. B. Cole seconds the motion. M/C.

Dr. Michael Caister, 1921 Fred Moore Hwy, St. Clair, MI requests a variance to Section 30.12.03.0 of the Zoning Ordinance to permit a setback of 128 feet from

County Line Road for the structure located at 3443 County Line Road, Parcel, ID #74-12-006-4015-000, rather than the 145 foot setback required by the Zoning

A variance is needed to allow use of an existing residential structure for an eye clinic, a permitted use in the Zoning District.

Larry Nichols, ALA of Armstrong, Miller & Nichols, Inc. is present at the hearing with Dr. Caister. Mike (Zinkus) Czenkus is also in attendance.

Chairman Ruemenapp points out the hardship is not self created since the structure's setback conformed to the Zoning Ordinance at the time of

construction. The proposed use as an eye clinic is a permitted use where the structure is located. There are questions by Zoning Board members about parking spaces, lighting

and drainage. Mr. Nichols shows how the plans for the site address these areas of concern. Parking areas are identified. Cut off fixtures are detailed which

Chairman Ruemenapp moves to grant a variance to Section 30.12.03.0 of the Zoning Ordinance, with the following stipulation, to permit a setback of 128 feet

from County Line Road for the structure located at 3443 County Line Road, Parcel 10 #74-12-006-4015-000, rather than the 145 foot setback required by the

Zoning Ordinance. Stipulation: The appel/ate must obtain aI/ applicable permits required to opening and operating the business at 3443 County Line Road. S. Bishop seconds

the motion. M/C

The variance is granted for the following reasons:

1) The structure complied with the Zoning  Ordinance at the time of construction.

2) A variance allows the existing structure (in compliance with the existing Zoning Ordinance.)to be used in compliance with zoning.

4) No harm is anticipated by granting the variance.

5) Granting the variance allows an existing structure to be used for a reasonable and permitted use in the zoning district.

D. Goulston moves to adjourn. S. Bishop seconds the motion. M/C

The meeting adjourned at 7:45 PM.