Zoning Board of Appeals Minutes
June 7, 2001

MEETING CALLED TO ORDER AT 5:01 P.M. BY ACTING CHAIRMAN SPROGELL

ROLL CALL: Ronald Griffith

Gene Levengood

Donald Sprogell

Jim Zdanek

ITEM NO. 1 - APPROVAL OF MINUTES

Regular Meeting – May 3, 2001

Mr. Levengood moved to approve the minutes of the Regular Meeting of May 3, 2001as submitted. Supported by Mr. Griffith. Ayes all.

ITEM NO. 2 – NEW BUSINESS

1. Application No. 1263 – Tim Dahlman

48669 E. Hillcrest Ct.

Plymouth, MI 48170

Location – Tim Dahlman

48669 E. Hillcrest Ct.

Plymouth, MI 48170

Tax I.D. #78-050-01-0051-000

RE: Zoning Ordinance No. 83, Schedule of Regulations 16.1,z, minimum rear yard setback – 50 ft.

(z) The rear yard in an R-1-E, R-1-H, R-1-S and R-1, Single Family Resident District may be reduced after approval of the Zoning Board of Appeals finding that the following specific requirements have been made. The single-family structure may not extend more than 10 feet into the required 50-foot rear yard.

2. The rear yard of the residence must back to the rear yard of the adjoining residence and not a side yard.

3. The width of the single family structure extending into the required 50-foot rear yard shall not exceed forty percent of the width of the portion of the single family structure, which must comply with the 50-foot setback.

4. The proposed penetration into the rear yard setback is the only practical location for the proposed addition.

5. The completed structure will be consistent and compatible with the other houses in the immediate area in overall size, construction, quality, and finish and aesthetic appearance.

6. The proposed extension into the rear yard shall not have a substantial negative impact on expected vistas for adjoining properties.

7. The rear yard setback otherwise required is not less than 50-foot, due to a consent judgment or other exceptions.

The proposed structure shall comply with all other requirements of the ordinance.

The applicant is requesting one variance:

The proposed primary residence has an approximate forty six (46) feet, eight (8) inch rear yard setback, at the location of the proposed sunroom. With the proposed twelve (12) feet x twenty seven (27), six (6) inch sunroom addition, the proposed rear yard setback would be thirty four (34) feet, six (6) inches, requesting a variance of fifteen (15) feet, five (5) inches.

Mr. Dahlman presented his request, stating his property backs to a commons area and neighbors do not object to his addition. He was adamant about having the requested variance and locating the addition in the requested position only, even though he could not justify it based upon a self-imposed hardship. Alternative placement and a lesser variance amount (ten feet) were suggested by board members, however the applicant did not want to alter his plan.

Mr. Griffith moved to deny Application 1263 for the variance requested due to the fact that no legitimate hardship could be cited. Seconded by Mr. Levengood. Ayes all.

2. Application No. 1264 – Allen Industries

6434 Burnt Poplar Rd.

Greensboro, NC 27409

Location – Imad Hakkani

Big Boy Restaurant

44681 Ann Arbor Rd.

Plymouth, MI 48170

Tax I.D. #78-058-99-0034-000

RE: Zoning Ordinance No. 83. By adding Article XXXIV, ARC - Ann Arbor Road Corridor District.

Sec. 34.10 Signs:

2. Definitions

Signable area: a continuous surface or wall unobstructed by windows, doors and other major architectural details.

General Standards:

The following general standards shall apply to signs in the ARC, Ann Arbor Road Corridor District:

Measurement of Sign Area:

The entire area within a rectangle or square enclosing the extreme limits of writing, representation, emblem, or any figure of a similar character, together with any frame, tower, or other material or color forming an integral part of the display or used to differentiate such sign, shall be included in the measurement. Such signs shall be deemed to be a single sign whenever the proximity, design, content or continuity reasonably suggests a single unit, notwithstanding any physical separation between parts.

Area, Height, Placement and other Regulation for Permitted Signs:

Wall Signs:

The maximum wall sign area permitted shall be fifty percent (50%) of the signable area for individual letters and forty percent (40%) of the signable area for a panel sign, up to maximum wall sign area of forty-two (42) square feet. On a premise with an Ann Arbor Road street frontage of 200 feet or greater, permitted wall signs shall be thirty percent (30%) of the signable area, up to a maximum of ninety (90) square feet.

The applicant is requesting two variances:

The proposed wall sign is covering a minimum of ten (10) major architectural details (channels built into the front façade). Requesting a variance of covering ten (10) architectural details.

The maximum wall sign area allowed is forty four (44) square feet (signable area – 146.664 sq. ft.); the proposed wall sign area is ninety five (95) square feet. Requesting a variance of fifty one (51) square feet.

A representative from the local sign company presented the reasons for these requests. Due to the fact that there is already more than adequate signage on the site, it was suggested that the requested wall signage be downsized to comply with the ordinance (with the elimination of some of the verbiage). This request seemed agreeable to the sign company representative with the understanding that he needs to work on how to amend the plan with the building department.

Mr. Griffith moved to table Application 1264 for a period not to exceed 60 days, giving the applicant time to revise and resubmit acceptable alternative plans. Seconded by Mr. Levengood. Ayes all.

3. Application No. 1265 – John Dunn

9205 Hackberry Ave.

Plymouth, MI 48170

Location – John Dunn

9205 Hackberry Ave.

Plymouth, MI 48170

Tax I.D. #78-061-04-0026-000

RE: Zoning Ordinance No. 83, Article VI, R-I-E, R-1-H, R-1-S, R-1 One Family Residential Districts. Section 6.4 Development Requirements: the following requirements shall be provided within a One Family Residential District (R-1-E, R-1-H, R-1-S, R-1):

Accessory Buildings in Residential Districts:

Detached garages and detached accessory buildings shall not exceed one (1) story or twelve (12) feet in height and shall not occupy more than seven (7) percent of the lot area and at the same time combined shall not exceed the total square-foot area of the residence, and when located on the rear one-quarter (1/4) of the lot5, shall not be nearer than five (5) feet to any rear or side lot line, and when otherwise located shall conform to all requirement for side yards set forth in the requirements for each residential district, provided, that where the side yard abuts upon a side street, such accessory structure shall not extend nearer to the side street lot line than the required building setback: provided, however, a private stable shall not be less than one hundred (100) feet from any residence. In no instance shall an accessory building be located within a dedicated easement or right-of-way.

The applicant is requesting one variance:

The proposed ten (10) foot wide x twenty (20) foot deep = two hundred (200) square foot addition to the existing four hundred forty (440) square foot, for a total of six hundred forty (640) square foot garage accessory building. Lot size is nine thousand one hundred ten point four (9110.4) square feet, allowing for a six hundred thirty eight (638) square foot accessory building. Requesting a variance of two (2) square feet for the accessory building area.

Mr. Dunn presented his request for a two square foot variance on the seven percent lot coverage ordinance. He stated that there is a 12 foot easement behind his garage (total of 22 feet to rear lot line). This is considered a minimal variance request.

Mr. Griffith moved to approve Application 1265 for the minimal variance requested. Seconded by Mr. Zdanek. Ayes all.

It was moved by Mr. Levengood and seconded by Mr. Griffith to adjourn the meeting at 5:43 p.m. Ayes all.

Respectfully submitted,

 

Don Sprogell, Secretary

Zoning Board of Appeals

Charter Township of Plymouth

NOTE: Upon granting a zoning variance, a building permit is required.

If denied, the applicant has five (5) business days to appeal.

The Charter Township of Plymouth will provide necessary reasonable aids and services, such as signers for the hearing impaired and audio tapes of printed materials being considered at the meeting, to individuals with disabilities at the meeting/hearing upon two weeks notice to the Charter Township of Plymouth. Individuals with disabilities requiring auxiliary aids or services should contact the Charter Township of Plymouth by writing or calling the Supervisor’s Office, Charter Township of Plymouth, 42350 Ann Arbor Road, Plymouth, Michigan, 48170, (734) 453-3840, TDD users: 1-800-649-3777 (Michigan Relay Service)-