Smith.pdf
Lena J Smith Petitioner V Township Of Marion Respondent · 26-001297-TT
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Page 1
RECEIVED
APR 23 2026
A
MICHIGAN TAX TRIBUNAL
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
PROPERTY TAX APPEAL PETITION FORM
VALUATION / UNCAPPING
Do not use this form to appeal Classification, Principal Residence Exemption, Qualified Agricultural Exemption, Other
Exemptions, Special Assessments, or Non-Property tax disputes.
Pursuant
to Tax Tribunal Rule (TTR) 279, you MUST submit a copy of the notice giving rise to the appeal (i.e., Board of
Review Decision or other notice) with this petition, if applicable.
If you do not submit this document, you may be held in
default.
Section 1: Petitioner's Contact information
t =H a
MIL
Last Name/Company Name
LEN
Address (No., Street, P.0. Box or Rural Route)
J
J
Shr / IH:
$227
PVPAL DP.
THIELE
{Tyr
Email Address (do Sie
tbe all 2 Fy
LEWES:
TECH Gin. Cong
Section 2: Petitioner's Attorney/Authorized Representative’s Contact information
First Name
Last Name
Firm Name (if any)
Mailing Address {No., Street, P.O. Box or Rural Route)
( Fi) | 4)
City or Town
State
ZIP Code
Telephone Number
Email Address {do not enter unless you want MTT to send ail correspondence via email)
Section 3: Subject Property information “use te mulliple parcel form for additional, contiguous parcels.
How many parcels are you
If you are appealing more than one parcel, are they contiguous or adjoining?
appealing?
[1 ves
No*
J
**if No, you must file separate appeals for each parcel
Property Address (No., Street) pve Deve
Preece #90
State
2ZiP Code
City or Town
| twee
“Th Vi VasTON
wl
Gps
TaxPage 2
=, Vo STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 4: Check which of the following you are appealing (check at that appty) True Cash and Taxable Value [J Taxable Value Only (calculation) [J Uncapping of Taxable Value Section 5: Explain the Reason for this Appeal I am appealing the taxable value of a parcel of vacant residential land | purchased for $12,000 in 2025. The board of review found the taxable value to be $9,000 after a March hearing. The negotiation with the seller for the purchase price took the following into account: 1. The estimated wetlands boundary (Figure 1) shows the parcel contains emergent wetlands. 2. The soils on parcel #70 are not suitable for a sub-surface sewage disposal system due to slow permeable soils and a high-water table as determined by the Livingston County Health Department in 1995 when the previous owner attempted to build a home with a septic tank on the property. (Figure 2). : The parcel was purchased for recreational uses. | believe the parcel : | is worth $12,000 and it should be taxed at a rate of $6000. Section 6: Jurisdictional issues 2 Did you protest the assessment at a Board of Review (B80R)? 5 Ves O No 2 If Yes, check which BOR you attended: [4] March [Hl] July J December if No, please check the applicable reason(s): I] Not required to attend [] Appealing a purported Clerical Error or Mutual Mistake of Fact (if yes, include explanation in Section 5) OJ Appealing within 35 days of State Tax Commission Order [i] Appealing within 35 days of receipt of Notice of Uncapping [1 other If you checked “other” above, explain:
Page 3
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON |. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 7: Valuation Information use the multiple parcel form for additional, contiguous parcels.
Parcel Number:
47) Oo — 7 G5— JOLY
Classification of Properly:
Real [1
Personal [1 (check one}
Agricuiturat [3
Commerciai Cl
Industria
[1
residential
Timber-Cutover [J
Developmentai [1 Utility
[1 {check one)
Assessed Value {also known
as State Equalized Value) established | Taxable Value established by the Board of Review:
by the Board of Review:
is
P) Y]
What
do you b
¥
:
=
i
is
the
fai
t
val
150
Ki
?
at do you
believe
is the
fair marKet
value
(also known as true cash value)
¥
eq
) 0 b
Co
‘What do you believe is
the assessed vatue? (multiply true cash
What do you believe Kil taxable value? (cannot exceed
value by
.5
assessed value
v5)
b,po0 ——
)
LE
Bd
Doo. —
we
Fee Information
Does the property have a Principal Residence Exemption of at feast 50% as of the date of the filing of this petition for ali tax years at
issua?
2 ves
[J No
If you answered yes to the above question, you are not reguired to pay any filing fees.
If the property does not have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition for all tax years at
issue, the filing fee is based on the greater of the State Equalized Value or Taxable Value in dispute.
If you are appealing more than one
parce, the parcel with the highest State Equalized Value or Taxable Value in dispute will be used to determine your filing fee, plus $25.00
will be added for each additional parcel being appealed, not to exceed a tota! filing fee of $1,000.00
If your property is residential property {see MCL 205.762) and
the State Equalized Value or Taxable Value in contention is:
Filing Fee is:
$100,000.00 and under
$125.00
$100,000.01 to $500,000.00
$200.00
$Over $500,600.00
$300.00
If the property is NOT residential property (see MCL 205.762) and
the State Equalized Value or Taxable Value in contention is:
Filing Fee is:
$100,000.00 and under
$250.00
* Plus $25.00 for each additional parcel, as indicated above.
If the property is
NOT residential property and the State Equalized Value or Taxable Value in dispute is $100,000.01 or greater the
appeal does not qualify for Small Claims. Therefore, an Entire Tribunal petition must be filed.
Signature required
Pelitionepbr Attorney/Authorized R.
sentative’s Signature:
74
[4Page 4
el whe 7 Fi VES eee" Figure £F | - | pee Foguwe +z — | 1 pages
Page 5
-
Page 6
. Jpg 1. Sil 204 5. Highlander Way, Howell, Michigan 48843 1A (517) 546-9850 SOILS EVALUATION FOR SUB-SURFACE SEWAGE DISPOSAL SYSTEMS \ Lid 970 Location and Directions Sv 4 5 . off Coon ods) Bak Yayo A000 Request SOIL. DESCRIPTION FE (M _. @ [3) SKETCH Prop. Description No. uoneno Th [PS 3 : T % & ] 8lZ]8lelolvlololaldby [=~ A o , Foo ~~ [3 Cs diysumo ” 5 Dalen =~ [1 Suitable Nit a |__| Bd Unsuitable TTS [J Suitable with Special Restrictions Gola 0: [1 Further Info. Needed (Refer to Comments) mments 5 WY (WNUAY \Y roan) QAN no) QD As Aeoddo
Page 7
Livingston County Health Department
204 8. Highlander Way, Howell, Michigan 48843
(517) 546-9850
REQUEST FOR SOILS EVALUATION-
SUBSURFACE SEWAGE DISPOSAL SYSTEMS
Please print or type—See reverse side for directions and explanation.
Applicant
Property
Owner
Name
Pen
th eys
ane
’ Re YH
1L cS
Address
AL 0
rudd el
Address
!
Shen E.
City Howe ({
State_jfl
4;
Zip 1] oF Y3
cy
State
Zip
Telephone No.
Telephone No.
Location of Property
Road
Ruy 2K
:
Township
Marz, an’
Sect. No.__Ao
Directions ___
VG
Seufly
do
Cop
[Ae
Bod
Fast
fo
Rul
Sey 1,
Subdivision/Acreage
Caen
\ak £
Hols
H 2
Parcel No.
Lot No.
G G
Nature of Intended Use
tf singe Family
[7 Muiti-Family Residence
[J Commercial
Two-Family Dwelling
[1 Other Ra
- 7
-
.
Person or firm conducting excavation
a—
1
Deus
{ i LAG
Telephone No.
3
£28 $Y)
v
7
aPage 8
D. 1960
) AN
IPT {NNR
mathan y Honed and
-~
to me personally
\o
sworn did -sey \
sation, and
-
3 8 deed.
Vingston County Le
y
.
BE
PON
TED
a
LO the NaBat. OF.
13. Livingston CQ». tioh,
'3 ine. % RURLK PARK
ition 25, Te2 Ne
Red By
We 881.0 £4; thence .
‘29'W. 503.40 ft; thenoe
7C04Ws 122,00
£6;
:
the P.C. of a curve. of
;hs Long Chord of said
che PTs
of sald curve.
he P.C.
of a curve of
ha. long Chord of dald
re Pie of sald curve,
ie
PCs
Of
a curve of
;he long Chord of. sald
181°: C0.C oof sald eurve,
t Chord of
g& ourve
of
' gald curve: thence
jse28", 80.10 rt;
moe M,22°13'W,
216.45
thence 38,80°43°V,
Racoived fc: Ricoh
la
Tah
SR 2 dock
and record
a \" Uber... 12... eige. AKPage 9
:
i. ; 0: [0013]
DATE: 2p
APPEAL NO:
h2-70 DECISION:
APPLICATION
FOR APPEALING PROVISIONS
OF
THE
LIVINGSTON
COUNTY
SANITARY
CODE
PLICANT:
Stephens Consulting Services,
P.C.
{Last)
(First)
(Middle Initial)
ny
ADDRESS:
.P.0.
Box 708,
1549 Haglett
Rd
Haslett.
MT
48840
517-339-8692
(Street)
(City)
(State)
(Zip)
(Phone)
OWNERS NAME:___Theys,
Robert
(Last)
(First)
(Middle Initial)
ADDRESS:
2680 Pardee,
Howell,
MI
48843
517-546-347¢
{Street)
City)
(State)
(Zip)
(Phone)
PROPERTY IN QUESTION:
69 .&
10
Coon Lake
Hills
#2
(Lot or Parcel #)
(Subdivision or amount of Acreage)
Rurick Dr.
Marion
25
(Street)
(Township)
(Section)
Propose
to _cdnstruct
a
3 bedroom
°
NATURE OF APPEAL AND WHAT YOU PROPOSE:
home
on combined
lots
70
and part
of
lof
69
with
a
pressure
dosed
sand
Trenches
shall
be
cut
to
the underlying sand
layer
under
the
mound
area
shall .
mound septic system.
and
filled
with clean
£i11
sand
be
stripped
and
a
minimum
of
2!
of
2NS
sand
placed
under
the
stone
bed
The
topsoil
I HAVE ENCLOSED THE FOLLOWING DATA TO SUPPORT MY APPEAL:Page 10
recsprNo:
01330: pate:
220
appranno:
32-90 pecision:
APPLICATION
FOR
A
PEA LS Board
5
OF PRE—TTveNeSTeN-
CONEY CANITARY copE 1)
STEPHENS CONSULTING SERVICES,
P.C.
APPLICANT:
)
(Last)
(First)
(Middle Initial)
ADDRESS:
P.O.
Box 708,
1549 Haglett
Rd
Haglett,
Mi
48840
517-339-8692
(Street)
(City)
{State}
(Zip},
(Phone)
OWNERS NAME:
THEYS
ROBERT
(Last)
(First)
(Middle Initial)
ADDRESS:
2680
Pardee,
Howell,
MI
48843
517-546-3478
(Street)
(City)
(State)
(Zip)
{Phone)
PROPERTY IN QUESTION:.
69
&
70
Coon Lake Hills
#2
(Lot or Parcel #)
Rurick
Dr.
{Subdivision or amount of Acreage)
Marion
25
(Street)
NATURE OF APPEAL AND WHAT YOU PROPOSE:
(Township)
(Section)
Propose
to
construct
a
2
bedroom home
on combined
lots
70
and
part
of
lot
69 with
an
intermittent
sand
filter
for
wastewater
treatment.
The
final
disposal
area will pregsure
dose
infiltrator chambers
in
sand
f£ill
with
1'
of
isolation
abcve existing grade.
I HAVE ENCLOSED THE FOLLOWING DATA TO SUPPORT MY APPEAL:
X___
Scaled Plot Plan of Subject Property and Affected Neighboring Property
_X___ Soil Evaluation Reports
_X___ Well RecordsPage 11
Property Owners within 100’ of Lots 69 & 70 COON LAKE HILLS NO. 2 nL; ills: Lot 20 Jon & Joyce Schnieder 4278 Rurick Howell, MI 48843 Lots 19& Ralph Anderson 1/2 of 18 4258 Rurick Howell, MI 48843 Lots 17& Donald & Marilyn McGowan 1/2 of 18 4248 Rurick Howell, MI 48843 Lots 16 & David Lemons 1/2 of 15 4240 Rurick Howell, MI 48843 Coon Lake Hills No, 2: Lot 67 Robert Theys 2680 Pardee Howell, MI 48843 Lot 71 4237 Rurick Howell, MI 48843
Page 12
MONITOR WELL : (SPRING 1996) CLIENT: Robert Theys PROJECT # 95103 LOCATION Lots 68, 69 & 70 of Coon Lake Hills, No. 2 Section 25, Marion Twp., Livingston County INSTALLATION: 2 Wells Installed in March 1996 by Mike Maloney, AAA Excavating REFRENCE ELEV.: 101.92 (Bench Mark - Lag Bolt in Power Pole) WATER SURFACE: 96.5 (Fall 1995) 96.5 (4/5/96) (Gale Lake) MONITORING WELL #1 ~ Top of Casing (Elev) - | 104.2 Grade (Elev) - 101.5 DATE REETH TO WATER ELEV. BELOW GRADE REL WATER SUR * 3/12/96 89.3 22 2.8 * 3/15/96 py 99.3 22 28 * 3/19/96 4.9 99.3 22 2.8 * 3/22/96 5.0 99.2 2.3 27 * 3/26/96 47 99.5 2.0 3.0 * 3/29/96 4.6 99.6 1.9 3.1 4/2/36 4.6 99.6 1.9 3.1 4/5/96 4.8 89.4 2.1 29 4/15/96 4.7 99.5 2.0 3.0 4/17/96 5.0 99.2 23 27 4/20/96 41 100.2 1.3 3.7 4/23/96 4.1 100.2 1.3 3.7 5/1/96 4.2 100.0 1.5 3.5 5/20/96 5.3 99.0 2.6 2.5 6/10/96 5.2 99.0 25 25 * - Water surface as determined by readings made by Robert Theys WELL #2 Top of Casing (Elev) - 104.0 Grade (Elev) - 100.4 DATE DEPTH TO WATER ELEV. BELOW GRADE REL WATER SUR * 3/12/96 57 98.3 2.1 1.8 * 3/15/96 ~ 56 98.4 2.0 1.9 * 3/19/96 5.7 98.3 2.41 1.8 * 3/22/96 5.9 98.1 2.3 1.6 * 3/26/96 5.6 98.4 2.0 1.9 * 3/29/96 5.5 98.5 1.9 2.0 4/2/96 5.1 98.9 1.5
Page 13
PRESSURE DISTRIBUTION LATERAL DESIGN
PROTECT:
THRYS Wi SYSTEM - SAND PILTER LATRRALS
Hypanucic
Cates
—
Lo7s Jord
7
JOR WO. :
951031AT
Lo
DESIGN BY:
pis
DATE: 2-1-96
Beginning pressure head at end of laterals-
5.0000
Ft.
Lateral hole spacing -==---mnexmeenmmenans
20000
Rt.
Huaber of holes per lateral ~~
bY
(unless individually changed) ~~
eee
EER
lode diasater (unless Indlvidually changed) -
*
0.1250
Inches {deoinal)
Lateral dismater (unless Individually changed) =
1.2500
Inches (dentsal)
lateral actual ineide diameter =
1.38 Inches|deci
{nosial)
es
(schedule 40, p.v.c.)
—
1
2
h=
5.00000
FT.
=
2.00000
PL.
h=
0008
FT.
L-
2.00000
Pr.
Orifice dia. =
0.12500
IN,
Pipe dia,
=
1.38000
IN,
orifice dia, =
0.12500
IN,
Pipe dia,
=
1.38000
Iv,
Orifice area =
0.00009
SQ.FT.
Head Loss =
0.00008
FY,
Orifice area =
0.00009
SQ.FT.
Head loss =
0.0003
FT.
[RCN
STIE
[RTT a
[RT
D.UUGYE
CF
yg {cry
-
0.00092
Cry
Cums,
§ -
0,004
CFO
Q (GPK) =
0.41179
GPR
Cun,
{
=
0.41179
GP
[1 (cB)
=
0,41180
GPX
Cupp,
=
0.82359
GPH
¥-Sectional
’
¥-Sectional
area =
0,01039
SQ.FT.
)
area =
0.01039
SQ.F1,
V=
0.08834
FPS
v=
0.17667
FPS
15
:
16
h=
5.05691
BI,
L=
©
2.00000
FO
h=
5.06885
FM.
L=
2.00000
PT,
Orifice dia,
=
0.12500
I.
Pipe dia,
=
1.38000
IN.
Orifice dia,
=
0.12500
IN,
Pipe dia,
=
1.38000
IN,
Orifice area =
0.00009
SQ.FT.
Mead Loss =
0.01194
FY.
Orifice area =
0.00009
SQ.FT.
Mead loss =
0.01346
PO
Q (CR3) =
0.00092
CFS
Cum,
§ =
0.01379
CFS
0 {crs} =
0.00092
CFs
cum, {=
0.01471
CFS
0 (GRY) =
0.41413
GPR
Cupm,
Q =
6.18690
GRY
Q (GH) =
0.41462
GPW
Cum, Q =
6.60152
GY
¥-ectional
YoSectional
area =
0.01039
SQ.FT.
area =
0.01039
S0.F2,
v=Page 14
PRESSURE DISTRIBETION BUMP DRSIGH PAGE 1 OF 2 PROJECT: THEYS, TOT 70 - WASTEWATER SYSTEM SAND PILTER JOB X0.: 951037PKP DBSTGH BY: Jw DATE: 2-3-96 HUMBER OF LATERALS: 1 G.P.H. PER LATERAL: 13.50 TOTAL REQUIRED G,P.H.: 13.50 G.0.H, DOSING TAIK EQUIVALENT DIMMERER PIPE: 1.25 IN. VEL.= 3.5% FT/SEC. LENGTH LENGTH OF PIPE: 10 BA, = 10.00 BL, meme LARGER cman 0. REDUCERS: LEA SHED. 2 = 0.00 Br 40. 90 DEG. ELBOS: 2m, = 800 Pm HO. CATE VALVES: 1 40. CHECK VALVES: IR 0TAL EQUIVALENT LENGE: -HEAD LOSS IN DOSING TANK = (E. LBAGTH) X (FRICTION 0S PER LENGTH) -HEAD LOSS IN DOSING TANK = 28.00 FP, £0 0.0009 FI/FT = 1.15 BY, FORCE HATH EQUIVALENT FORCE WAIN DIMETER: 1.25 IN. VEL.= 3.83 FLJSKC. LBAGEH LENGTH FORCE WAN: 30.00 PY, C= nam Ee LARGER wermenann 10. REDUCERS: 1 BA. SIZE DIA 2 = 0.00 BM
Page 15
RLRVATION HEAD . PAGE 2 OF 2 THVERT ELEV, OF LATRRALS: 101.50 LOR WATER BLEV.: 96.00 ELRVATION HEAD DIFFERRNCE = 5.50 PF HEAD REQUIRED AT LATERAL AD MANIFOLD INTERSECT: 5.60 -BLEVATION HEAD REQUIRRD: 1110 B, OTHER HEAD LOSSES HYDROTEK VALVE ~ 4404 & 20 GPY ~TOTAL OTHER LOSSES = 10.00 FT. TOTAL DYNAKIC HRAD DOSING TANK LOSSES: 1,15 #1, FORCE HAIN LOSSES: 1.39 FT. ELEVATION HEAD: 1L.10 FP. OTHER LOSSES: 10.00 FA.
Page 16
PROJECT:
THEYS WH SYSTEM - PINAL DISPOSAL LATERALS
PRESSURE DISTRIBUTION LATBRAL DESIGN
DATE: 2-1-06
Beginning pressure head at end of laterals-
5.0000
Bt,
Tateral hola spaglig s=smsusnssumsssinansss
3.0000
Bt.
Kuaber of holes per labaral +-
pl
(unless individually changed)
~~ eee
TC
EERSTE
Hole dianeter (unless individually changed)
-
0.1250
Inches {decinal)
Lateral diameter (unless individually changed) -
1.0000
Inches (decinal)
Lateral actual inside diameter -
1.049 Inches(dect
(romial)
7
{schedule 40, p.v.c.)
2
SC
—
-
h=
5.00000
FT.
L=
3.00000
F.
h=
5.00045
PT.
L=
3.00000
FT.
Orifice dia.
=
0.12500
I.
Pipe dia.
=
1.04900
IN.
orifice dia,
=
0,12500
IN.
Pipe dia.
=
1.04500
IN.
Orifice area =
0.00009
SQ.FT,
Head Loss =
0.00045
PL.
Orifice area =
0.00009
SQ.FT.
Head Loss =
0.00163
BY.
0 {crs) =
0.00092
CFS
Cuma,
§ =
0.00092
CFS
0 (CFS) =
0.00092
CF§
Cuzn,
§ =
0.00184
CPS
0 (GPK) =
0.41179
GRY
Camm, Q=
0.41179
GPK
0 (GPM) =
0.41181
GPM
Cun,
=
0.82361
GP
¥-Sectional
K-Sectional
area =
0,00600
SQ.FT
.
.
area =
0.00600
SQ.FT.
V=
©
0.15288
FPS
V=
0.30577
BBS
19
20
h=
5.65930
FT.
L=
1.00000
FT.
h=
5.76797
FO.
L=
3.00000.
FT.
Orifice dia. =
0.12500
IN,
Pipe dia, =
1.04900
IN,
Orifice dia. =
0.12500
IN,
Pipe dia. =
1.04900
IN,
Orifice area =
0.00009
SQ.FT.
Head Logs =
0.10867
FT,
Orifice avea =
0.00009
SQ.FT.
Head Loss =
0.12010 FT.
¢ (CFs) =
0.60098
CPS
Cuma,
§ =
0.01775
CFS
0 (CFS) =
0.00099
CFS
Cun, Q =
0.01873
CFS
sen)
CPE STII
CULT RTE
7.96404
uy
4 (UH)
~
UV. 44380
uh
Cua,
§ -
8, 4070)
UH
¥-Sectional
X-Sectional
area =
0.00600
SQ.FT,
"
area =
0.00600
SQ.FT.
Vs
2.95683
pg
Va
312113
FP§Page 17
PRESSURE DISTRIBUTION PUMP DRSIGH PAGE 1 OF PROJECT: THEYS, LOT 70 - WASTEWATER SYSTEN - PINAL DISPOSAL JOB H0.: 951037pMP DESTGH BY: Ji DATR: 2-13-96 HUNBER OF LATERALS: 2 G.P.H, PER LATERAL: 8.50 TOTAL REQUIRED G.P.M.: 17.00 GRY, DOSING ANK EQUIVALENT DIMFTER PIPE: 150 IN VEL 3.00 PRJSEC. LRNCTH LRUGEH OF PIPB: 10 FL. C= 1mm macnn LARGER BE ¥0. REDUCERS: LB SHED 2= Loo BT H0. 90 DEG. BLOWS: 2B = 0B HO. GATR VALVES: 1B = Lm 10. CHECK VALVES: 1B = 0H TOTAL EQUIVALEN? LENGTH: 2.00 FL. -HEAD LOSS IN DOSHIG TANK = (E. LENGTH) X (FRICTION LOSS PER LENGTH) -HEAD LOSS IN DOSING TANK = 29.00 Ff. GOB FIT = 0,75 FORCE, HAIN EQUIVALENT PORCE MAIN DIAKETER: 1.50 IN. VEL.= 3.09 FT, /SEC, LENGTH LENGTH FORCE MAIN: 30.00 Ff C= 300 mL Ee LARGER Ea To. REDUCERS: 1 BA, SHED. 2 = 0.00 FR. 2 FL,
Page 18
BLEVATION HEAD PAGE 2 OF 2 INVERT BLEV. OF LATERALS: 102.70 LOR WATER BLRV.: 96.00 ELEVATION HEAD DIFFERENCE = 6.70 FI. HEAD REQUIRED AT LATERAL AND HANTFOLD INTERSECT: 5.90 ~ELEVATION HEAD REQUIRED: 12,60 FI. OTHER HEAD 10SSES ~TOTAL OTHER LOSSES = 0.00 FD. TOTAL DYRAHIC HEAD DOSING TANK LOSSES: 0.75 BY. FORCE MAIN LOSSES: 0.88 PD. ELEVATION HBAD: 12.60 FT, OTHER LOSSES: 0.00 PP,
Page 19
i &) Livingston County Health Department | 204 South Highlander Way Howell, MI 48843-1992 Phone (517) 546-9850 Fax (517) 546-6995 NOTICE OF HEARING DATE: July 9, 1996 TO: TO WHOM IT MAY CONCERN FROM: David Lucik, RS Du J ND A Environmental Health Supervising Sanitarian RE: Notification of a Board of Appeals Hearing before the Livingston County Sanitary Code Board of Appeals for Lots 69 and 70 located on Rurik Drive of “Coon Lake Hills #2" Subdivision, Section 25, Marion Township You are hereby given written notice that STEPHENS CONSULTING SERVICES. Agent for Robert Theys as applied for a Board of Appeals hearing before the Livingston County Sanitary Code Board of Appeals with regards to the construction of an onsite sewage disposal system. The Appellant wishes to receive a variance of Sections 301.13 (E, F, G & I) of the Livingston County Sanitary Code which states: Section 301.13 Rejection of Applications The Health Officer shall reject an application for permit to construct a sewage disposal system when one or more of the following conditions are found to exist: E. Where the highest zone of groundwater saturation is less than two and one-half (2 4) feet below the original ground surface. F. Where the stabilized percolation rate is in excess of forty-five (45) minutes per inch of fall. Soil such as silt loam, clay loam, clays and silts are considered to have a stabilized percolation rate in excess of 45 minutes per inch. G. Where the soil classification as determined by the U.S. Department of Agriculture Soil
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STATE OF MICHIGAN hi REPLY 10: DRINKING WATER & RADIOLOGICAL! ! - . JOHN ENGLER, Gavermor . PROTECTION DIVISION NE DEPARTMENT OF ENVIRONMENTAL QUALITY :Riwamicismoio . | HOLLISTER BUILDING, PO BOX 30473, LANGING I 46000-7973 LANGING, HI 48908.8130 Sq RUBBELL J. HARDING, Director i July 17, 1996 Mr. David Lucik, R.S. : Livingston County Health Department To 204 South Highlander Way : Howell, Michigan 48843 i Dear Mr. Lucik: SUBJECT: Theys Property - Section 25, Marion Township, Livingston County - During our meeting in your office on July 11, 1996, we discussed a proposal to develop the subject property for single-family use, dependent on utilization of sand filter sewage disposal systems. This letter will serve to confirm our discussion. We reviewed an engineering report for the property. The consulting engineer reports the soils to be compact silt loam and silt. The site is flat. The area has been mappedby : | the Soil Conservation Service (SCS), SCS reports the seasonal high water table as fess | than one foot below the surface, ’ You indicated that the consultant for the site has proposed a sand filter on-site sewage disposal system for the site and asked for this office’s comments on the proposal. This office has issued a set of recommendations concerning the use of sand filter sewage systems for single family use. Concerning site conditions, our recommendations are as follows: 1 The soil on the site be well drained with seasonal high water table at a ce depth of at least 24 inches below the ground surface. ; 2, The permeability rates for the soil be at least 200 minutes per inch or faster. 3. The site bave a minimum slope of at least 4% or greater. , , The soil conditions reported by the cansulting engineer concerning the soil permeability - + ; and the slope and the depth to groundwater table, reported by the Soil Conservation Cy Service, are not in conformance with the recommendations of this office for utilization of | |
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MINUTES Livingston County Sanitary Code Board of Appeals July 17, 1996 Board Members Present: Fred Buckner Judy Nash Jim Dennis Don Tinson Ron Wellman Staff Present: Dianne McCormick Mike Bernhardt Appellant: Mr. & Mrs. Robert Theys Bh Engineer: Larry Stephens, Stephens Consulting Services Audience: Don McGowan John Morrison Joe Valedida Brian Lavin, Attorney The meeting was called to order by Chairman, Jim Dennis at 7:05 p.m. Mr. Dennis began by explaining the appeals procedures and introductions were then given. Minutes of the June 10, 1996 appeal hearing stand approved. Motion made by Judy Nash, seconded by Don Tinson with amendments. The minutes stand approved. Appeal #B1 & B2-96, Appellant Robert Thevs. Lots 68, 69, and 70 located on Rurik Drive, “Coon Lake Hills No. 2" Subdivision. Section 25, Marion Townshi —=mn eRe AA 1X0. 2 OoubavIsion. nection 25. Marion Township Dianne McCormick began by explaining the site conditions encountered and reasons for Livingston County Health Department denials. The Appellant is requesting variances to Section 301.13 (E, F, G, & H) of the Livingston County Sanitary Code. Dianne indicated that the consulting engineers, Larry Stephens & Consultants is proposing an intermittent sand filter system to overcome the marginal site conditions. Dianne further indicated
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2 <3- Motion by Judy Nash that on July 17, 1996, the Livingston County Sanitary Code Board of Appeals heard a variance request of Mr. Robert Theys, for Lots 68, 69, and 70 located on Rurik Drive, “Coon Lake Hills No. 2" Subdivision, Section 25, Marion Township being represented by Larry Stephens of Stephens Consulting Services. The Appellant is seeking a variance of Section 301.13 (E, F, G, & H) of the Livingston County Sanitary Code. After hearing the testimony presented by Staff of the Livingston County Health Department, the Appellants and the Appellants consultant, the Livingston County Sanitary Code Board of Appeals hereby denies the Appellants request because it cannot be determined that no substantial health hazard or nuisance is likely to occur. That the proposed variance would not provide essentially equivalent protection of the public health and would not be in the publics interest and that the variance request is in significant conflict with the intent and purpose of the Livingston County Sanitary Code. Motion was seconded by Fred Buckner. Discussion then took place from Board member Don Tinson who indicated that this was vacant property. There had been no previous approvals on the property, that the State is indicating that the site is unsuitable and we are not creating a hardship. Mr. Tinson did comment that he had concerns over the definition of the “intent and purpose” of the Livingston County Sanitary Code which was being presented in Judy Nash’s motion. The vote for the motion being presented failed three to two with Don Tinson, Ron Wellman, Fred Buckner voting against the motion on the floor. Don Tinson offered a new motion for the floor to deny the appeal for the variances being requested on the subject property because it cannot be shown that no substantial health hazard-or nuisance is likely to occur. That strict compliance with the regulations and requirements would not result in unnecessary or unreasonable hardship and that the variance would not provide essentially equivalent protection for the public health and would not be in the public's interest. The motion was seconded by Judy Nash. Motion passed unanimously. Discussion followed by the consultant, Larry Stephens. Mr. Stephens asked the Board to reconsider the variance request because it can be demonstrated that the design of the system would not impact or contaminate surface or ground waters and would not create a public health concern. Mr. Lavin, Attorney representing the Appellant asked the Board to reconsider the motion and table the decision and allow the engineer to provide technical information to get reconsideration. Dianne McCormick indicated that the technical information on the site provided by the Livingston County
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Law OrFicus Brian Lavan & AgsociaTes, BO BRIAN Lavan 8550 WesT BraND RivER MARTIN d. Lavan Sraven M. Gonce BRIGHTON, MICHIGAN 48116-2393 1932-1970) Lee C. GousH (810) 220-4LAW (810) 227-isn Fax (810) 227-1176 September 17, 1996 Dianne McCormick Livingston County Health Department 204 South Highlander Way Howell, Michigan 48843-1992 RE: Theys Property - Section 25, Marion Township, Livingston County Dear Ms. McCormick: This letter confirms our telephone conversation of today’s date wherein it was agreed that you will contact Mr. Caterino regarding the suitability of development and the possible utilization of a sand filtration system on the above referenced property. Please contact me with information as to the date and time Mr. Caterino will visit the site. Thank you for your courtesy in this regard. Sincerely, & oh M. Spackey TMS/ap enclosure cc: Jon E. Caterino
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STATE OF MICHIGAN ¢ ERY pA REPLY TO: . , Co DRINKING WATER & RADIOLOGICAL PROTECTION DMISION JOHN ENGLER, Govemor 3423 N MARTIN |. KING JR BLVD DEPARTMENT OF ENVIRONMENTAL QUALITY Ahram HOLLISTER BUILDING, PO BOX 30473, LANSING M! 48509-7973 LANSING Mi 48903-8130 RUSSELL J. HARDING, Director October 8, 1996 Mr. David Lucik, R.S. Livingston County Health Department 204 S. Highlander Way Howell, Michigan 48843 Dear Mr, Lucik: SUBJECT: Theys Property - Section 25 » Marion Township, Livingston County _ It was a pleasure to meet with you and conduct a site evaluation of the subject property on October 1, 1996. Also present were Ms. Holly Mercer, of this office; Mr. Robert Theys, owner of the property; Mr. John Morrison, of Stephens Consulting Services, Mr. Theys’ engineering representatives, and Messrs. Brian Lavan and Thomas Spackey, lawyers representing Mr. Theys. This letter will confirm our meeting and advise you of our recommendation on the site. Earlier this year, at the request of Dianne McCormick, I reviewed an engineering report on this site and made a recommendation concerning the site. The engineering report submitted by Mr. Stephens indicated that the soil conditions at the site are compact silt loam and silt. The site is basically flat and the report indicated that the seasonal high water table at the site is less than two feet below the surface. The proposal for the site was installation of a sand filter sewage system with final effluent disposal via an elevated tile field. : At the time of my earlier review, the question at issue concerned whether the site conditions were consistent with the recommendations of this office for use of sand filter sewage disposal systems. Consideration of the site conditions for utilization of sand filter sewage systems are as follows: 1. The soil on the site must be well drained with seasonal high water table at a depth of at least 24 inches below the ground surface. 2. The permeability rates for the soil must be at least 200 minutes per inch or faster.
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