Comstock Township - July 22, 2025 Zoning Board of Appeals Meeting

Updated about 5 hours ago

The board deliberates on a variance request for a dimensional variance to allow an additional accessory structure on a residential property. The board members discuss the specifics of the lot, existing structures, and the implications of granting the variance. They evaluate the request against zoning standards and express concerns about setting a precedent. After considering the factors and standards for variance approval, the board votes to deny the request. The meeting also includes updates on planning commission activities and potential ordinance changes regarding accessory structures and setbacks.

Chapters

Call to Order (00:00:51)
The meeting of the Appeals was called to order. An amendment to the agenda was discussed to add 'Approval of Agenda'.

The meeting of the Appeals was called to order. It was noted that 'Approval of Agenda' was missing and someone should make a motion to amend the agenda to include it.
Approval of Agenda (00:01:06)
A motion was made and supported to amend the agenda to include the approval of the agenda. The amended agenda was approved unanimously.

There was a motion to amend the agenda to include 'Approval of Agenda'. The motion was supported, and the amended agenda was approved with all in favor.
Approval of Minutes (00:01:43)
The minutes from the last meeting were reviewed. No changes were proposed, and a motion to accept the minutes was approved.

The minutes from the last meeting were reviewed. No members had changes or updates to propose. A motion was made to accept the minutes, supported, and then approved by the board.
New Business - Variance Request (00:02:13)
The board considered a variance request for a dimensional variance for accessory structures. The applicant was not present, but the request was discussed in detail.

The variance request concerned a dimensional variance for accessory structures. The applicant could not attend due to miscommunication and work commitments. The staff report was presented, detailing the request to increase the square footage of accessory structures. The history of the site and zoning district were reviewed, and the various standards for granting the variance were discussed.
Public Comments on Variance Request (00:06:32)
Public comment was opened for the variance request. No members of the public chose to comment, and public comment was subsequently closed.

After discussing the variance request, the board opened the floor for public comments. No members of the public wished to speak on the matter, and a motion was made to close public comment, which was carried.
Deliberation on Variance Request (00:07:04)
The board deliberated on the variance request, discussing whether the variance would be justified given the zoning ordinance and the specific circumstances of the property.

During deliberation, members expressed views on whether the variance request met the necessary standards. They discussed the size of the existing garage, the lot size, and the planning commission's rationale for the ordinance. Concerns were raised about maintaining the spirit of the ordinance and the lack of unique circumstances to justify the variance.
Decision on Variance Request (00:08:08)
The board decided to deny the variance request after considering the ordinance, the lack of unique circumstances, and the self-created nature of the hardship.

After thorough discussion, the board moved to deny the variance request. The decision was based on the request not meeting several criteria, including the spirit of the ordinance, the self-created nature of the hardship, and the lack of unique circumstances. The motion to deny was supported and carried with three votes in favor and one opposed.
Old Business (00:30:10)
No old business items were discussed during the meeting.

The chair called for any old business, and no items were brought forth for discussion.
Citizen Comments (00:30:17)
Citizen comments were opened and then closed after confirming no audience members had comments on non-agenda items.

The board opened the floor for citizen comments on non-agenda items. With no participants wishing to speak, a motion was made to close citizen comments, which was approved.
Reports from Other Boards (00:30:50)
An update was given on planning commission activities, including ordinances, rezoning, and work plans.

The planning commission's recent activities were reported, including the status of a food truck ordinance, a rezone application on East ML for an agricultural use, and work on a battery energy storage system ordinance. The commission is also working on a plan to review and update various ordinances such as those for chickens, accessory structures, and setbacks.
Discussion on Ordinance Changes (00:33:50)
Discussion focused on the effectiveness of existing building height restrictions and setbacks, with feedback suggesting a possible failure in current standards.

The meeting participants discussed the historical context of building height restrictions and setbacks in the township, noting that five feet was a long-standing standard. They debated whether the current standards were effective or if they were a failed experiment, especially in light of new developments like pole barns and resident pushback.
Rezoning Request for Farm-to-Table Business (00:36:09)
A local bakery owner seeks rezoning to establish a farm-to-table business, aiming for recognition as a serious farming enterprise.

The council discussed a rezoning request from a bakery owner who wants to establish a farm-to-table restaurant. She believes that rezoning to an agricultural classification would help her be taken seriously as part of the farming community. The discussion included the current zoning as R1A and the reasons behind her request.
Report on Recent Training Session (00:38:03)
A participant shared their experience from a recent training session, noting the duration and insufficient refreshments provided.

A member reported on their attendance at a recent training session held in early June. The session lasted about four and a half hours, and while the content was valuable, the refreshments provided were deemed insufficient for a meeting scheduled at noon.
Ordinance and Work Plan Suggestions (00:39:19)
Members discussed possible ordinance changes, including setbacks and lighting issues, seeking community input for the planning commission's work plan.

The discussion opened for suggestions on ordinance changes, particularly focusing on setbacks and lighting issues affecting residents near commercial areas. Members were encouraged to email additional ideas for the planning commission's work plan. The impact of security lights from businesses on nearby residences was a significant concern.
Adjournment (00:41:01)
The meeting was adjourned following a motion, with all members in favor except one who humorously noted their opposition to big motions.

A motion to adjourn the meeting was made and seconded. The vote was carried with all in favor, except for a humorous note from one member about typically opposing only significant motions. The meeting was officially adjourned.