Board of Appeals Variance Procedures
This application for Hearing by the Clinton Township Board of Appeals shall be filed with the Department of Planning and Community Development along with the following supporting documentation:
1. One (1) copy of the "Affidavit of Ownership of Land" (see attached)
2. One (1) copy of the Township Receipt for Fee Payment
3. One (1) copy of the legal description of the property
4. Ten (10) copies of a plan, drawn to scale, showing the dimensional
elements for which a variance is requested.
5. One (1) copy of any other supporting data.
FEE PAYMENT
A non-refundable filing fee shall be paid at the office of the Township Treasurer. A copy of the receipt for payment must be submitted with this application.
A fee of $75.00 is required for all single-family zoned property and a fee of $300 is required for all non single-family zoned property.
PROCESS
The processing of this application will take a minimum of four (4) to six (6) weeks from the date on which the application is accepted.
A public hearing will be scheduled by the Clinton Township Board of Appeals. The applicant will be notified of the public hearing date by the
Department of Planning and Community Development.
Not less than eight (8) days prior to the scheduled hearing date, the Township will notify all owners of land, as shown on the latest tax roll,
within 300 feet of the subject property, of the time, date, place and purpose of the public hearing.
At the public hearing, the Clinton Township Board of Appeals shall take under consideration only the property described in the application.
The Board of Appeals may approve (with or without modifications or conditions) or deny the request for variance.
The Board of Appeals shall not approve a request for variance unless it has been found positively that,
1. The strict enforcement of the Zoning Ordinance would cause practical difficulty and deprive the owner of rights
enjoyed by all other property owners owning property within the same zoning district.
2. The conditions and circumstances are unique to the subject property and are not similarly applicable to other properties
in the same zoning district.
3. The conditions and circumstances unique to the property were not created by the owner, or his predecessor in title,
within the time following the effective date of the provisions alleged to adversely affect such property.
4. The requested variance will not confer special privileges that are denied other properties similarly situated and in the same zoning district.
5. The requested variance will not be contrary to the spirit and intent of the Clinton Township Planning and Zoning Code.
6. The requested variance will not adversely affect the purpose or objectives of the Clinton Township Master Plan.
VALID PERIOD OF A GRANTED VARIANCE
A request for variance granted by the Clinton Township Board of Appeals shall remain valid as long as the information and data
relating thereto are true and correct and any conditions upon which the grant of variance was based are maintained.
The decision of the Clinton Township Board of Appeals shall be final, however, any person having an interest affected by
any decision of the Clinton Township Board of Appeals has the right of appeal to the Macomb County Circuit Court.
CHARTER TOWNSHIP OF CLINTON
MACOMB COUNTY, MICHIGAN
APPLICATION FOR HEARING
CLINTON TOWNSHIP BOARD OF APPEALS__________________________________________________________________
APPLICANT REPRESENTATIVEGENERAL INFORMATION
NAME _______________________________ ________________________________
FIRM _______________________________ ________________________________
ADDRESS _______________________________ ________________________________
CITY/STATE/ZIP______________________________ ________________________________
TELEPHONE _______________________________ ________________________________
#011-
(Property Address) (Section #) (Clinton Twp. Property ID #)
(Subdivision Name) (Lot No.) or (Number of acres*)
GENERAL LOCATION: Fronting N E S W of and N E S W of
*Please attach legal description if other than lot and subdivision (Nearest cross street)
Existing Use: __________________________________ Current Zoning District _______________
Proposed Use: ____________________________________________________________________________________
Name of Development: ______________________________________________________________________________
PURPOSE OF APPEAL
(DESCRIBE IN DETAIL)
Application for Hearing by the
Clinton Township Board of Appeals 2.
ACTION REQUESTED
The applicant shall justify the basis of this requested variance and shall show that strict application of the provisions of the
Clinton Township Zoning Ordinance or the Clinton Township Sign Ordinance would result in practical difficulty or unnecessary hardship
inconsistent with the general purpose and intent of the ordinance from which the request for variance is made.
1. This application is a request for the following action by the Board of Appeals:
__/ Grant variance from the provisions of the Clinton Township Zoning Ordinance
__/ Grant variance from the provisions of the Clinton Township Sign Ordinance
2. The following ordinance requirements are the subject of the request for variance:
__/ Front Yard Setback __/ Height of Structure
__/ Rear Yard Setback __/ Placement of Structure
__/ Side Yard Setback __/ Size of Structure
__/ Area Requirements __/ Offstreet Parking
__/ Other: Explain:
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
3. The following circumstances, including dimensional information, are part of the basis for this request for variance:
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
4. The following characteristics of the property, including dimensions, are part of the basis for this request for variance:
__/ Too Narrow __/ Slope
__/ Too Shallow __/ Elevation
__/ Too Small __/ Soil
__/ Shape __/ Subsurface
__/ Other: Explain
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
Application for Hearing by the
Clinton Township Board of Appeals 3.
5. The applicant must answer the following questions in order to assist the Board of Appeals in determining if a practical
difficulty or unnecessary hardship exists.
a. Can the property be used in conformance with the Zoning Ordinance without the variance?
__/ YES __/ NO
If NO, explain:
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
b. Does the basis for this requested variance result from an action self-created by the applicant?
__/ YES __/ NO
If YES, explain:
c. Does the basis for this requested variance result from other human-created action?
__/ YES __/ NO
If YES, explain:
d. Will enforcement of the provision of the ordinance deny a use which otherwise is permitted?
__/ YES __/ NO
If YES, explain:
Application for Hearing by the
Clinton Township Board of Appeals 4.
e. Is the basis for this requested variance a result of circumstances or conditions unique to the property
and not common to other properties in the immediate area?
__/ YES __/ NO
If YES, explain:
f. If the requested variance were granted, would the essential character of the immediate area be altered?
__/ YES __/ NO
If YES, explain:
g. If the requested variance were granted, would it contradict the intent and purpose of the ordinance?
__/ YES __/ NO
If YES, explain:
FOR TOWNSHIP USE ONLY
RECEIVED BY MICROFILE # S.P. MF#
DATE PUBLIC HEARING: DAY
ACCEPTED BY DATE
DATE TIME
ASSIGNED TO PLACE
FAPBOA:02/05/98
Application for Hearing by the
Clinton Township Board of Appeals 5.
AFFIDAVIT OF OWNERSHIP OF LAND IN THE CHARTER TOWNSHIP OF CLINTON
I/WE, BEING DULY SWORN, DEPOSE AND SAY, THAT I/WE AM/ARE THE OWNER(S) OF LAND IN THE CHARTER TOWNSHIP OF CLINTON BY REASON OF BEING:
__/RECORDED LAND CONTRACT PURCHASER OR __/RECORDED DEEDHOLDER
NAME
TITLE
FIRM
ADDRESS
CITY/STATE/ZIP
TELEPHONE
AND ACKNOWLEDGE THAT THIS LAND IS DESCRIBED IN A SUBMITTAL WHICH HAS BEEN OR WILL BE MADE TO THE CHARTER TOWNSHIP OF CLINTON,
MACOMB COUNTY, MICHIGAN, IN AN APPLICATION FOR HEARING BY THE CLINTON TOWNSHIP BOARD OF APPEALS;
FURTHER, THAT ANY AGENT OR REPRESENTATIVE OF ANY STATE, COUNTY OR LOCAL PUBLIC AGENCY, FOR PURPOSES RELEVANT TO THIS APPLICATION
, __/HAS MY PERMISSION __/DOES NOT HAVE MY PERMISSION TO ENTER UPON THE LAND DESCRIBED IN THIS APPLICATION.
FURTHER, THAT THE FOLLOWING PERSON IS DESIGNATED AS MY REPRESENTATIVE AND IS AUTHORIZED TO ACT ON MY BEHALF AND IS EMPOWERED TO MAKE COMMITMENTS
RELEVANT TO ANY MATTERS CONCERNING THIS APPLICATION:
REPRESENTATIVE’S NAME
REPRESENTATIVE’S FIRM *
ADDRESS
CITY/STATE/ZIP
TELEPHONE NUMBER
FURTHER, DEPONENT SAYS NOT.
OWNER SIGNATURE
OWNER SIGNATURE
*LEAVE BLANK IF NOT APPLICABLE
STATE OF MICHIGAN)
) S.S.
COUNTY OF _______)
ON THIS _______________ DAY OF ____________, 19___, BEFORE ME PERSONALLY CAME ____________________________________________________________,
TO BE PERSONALLY KNOWN TO BE THE INDIVIDUAL(S) NAMES IN AND WHO EXECUTED THE FOREGOING AFFIDAVIT FOR THE PURPOSE AS STATED AND ACKNOWLEDGED
THAT ______ DID SO OF ________ OWN FREE WILL AND DEED.
MICROFILE #________ ______________ COUNTY, MICHIGAN
MY COMMISSION EXPIRES:_________________________