9.13.22

The meeting of the Davison Township Zoning Board of Appeals was called to order at 7:00 P.M. by the board members. The initial proceedings involved the unanimous adoption of the agenda and the approval of the minutes from the June 14, 2022, meeting.

The primary focus of the meeting was Case #16-V-2022-6, regarding Windsor Place Apartments. Representatives from Edward Rose and Sons requested a variance for Section 1738.7.a to reduce the required 75-foot wetland setback to 25 feet. The developers argued that this reduction would minimize the amount of wetland fill required and align with the standards set by the Michigan Department of Environmental, Great Lakes, and Energy (EGLE).

The discussion featured significant debate between board members, the township attorney, and the public. While some board members expressed concerns regarding the precedent of allowing such a variance and the potential for developers to bypass local ordinances, others noted that the state's authority over wetlands could override local decisions. Ultimately, the board approved the variance request in a 4-1 vote.

• Variance Request: The developers sought a 50-foot reduction in the buffer requirement for wetlands (from 75 feet to 25 feet) at the Windsor Place Apartments site.
• Environmental Impact: The reduction was intended to minimize the amount of "fill" needed in the wetlands; the total affected wetland area is approximately 0.25 acres.
• Regulatory Conflict: A central point of discussion was the tension between the Township Zoning Ordinance and the State of Michigan (EGLE) regulations, which permit a 25-foot buffer.
• Public Opposition: Residents expressed concerns regarding privacy, property values, and the potential for increased density in the area.
• Legal Authority: The Township Attorney noted that the State of Michigan has authority over wetlands and that applicants have the right to challenge local denials in circuit court.

• Board Members: Richard Hill, Carol Hagler, Tim Green, Eric Hernandez, Nancy Davis.
• Officials: Matt Place (Building Official/Planning/Zoning Admin.), David Lattie (Attorney), Jami Vert (Recording Secretary).
• Applicants/Representatives (Edward Rose and Sons): Ken Bullis, Brittney Beavers, Mark Perkoski.
• Public Attendees: Roy Banister, Robert Burley, Steve Shimmons.

• Case #16-V-2022-6: A request for a variance of Section 1738.7.a to reduce the wetland setback from 75 feet to 25 feet for the Windsor Place Apartments project (Parcel ID #25-00-08-551-050).
• Approval of Minutes: The board reviewed and approved the minutes from the June 14, 2022, meeting.

• Meeting Date: September 13, 2022.
• Previous Meeting Date: June 14, 2022.
• Historical Context: Reference made to land ownership/purchase in the early 1970s and a 1998 property purchase.

• The developers requested the variance to avoid the necessity of filling more wetland area than required by state standards, noting that the 75-foot township requirement would create an "unbuildable site."

• Adopt the Agenda: MOTION BY DAVIS, SECOND BY HAGLER. Carried unanimously.
• Approve June 14, 2022, Minutes: MOTION BY HAGLER, SECOND BY GREEN. Carried unanimously.
• Case #16-V-2022-6 (Windsor Place Apartments Variance): MOTION BY DAVIS, SECOND BY HAGLER. Approved (4 Aye, 1 Nay).
• Adjournment: MOTION BY HAGLER, SECOND BY DAVIS. Carried unanimously.

• Section 1738.7.a (Township Zoning Ordinance): Requires a 75-foot setback from natural features/wetlands.
• EGLE (Michigan Department of Environmental, Great Lakes, and Energy): The state regulatory body that provides the 25-foot buffer recommendation and holds authority over wetland regulation.