Zoning Board of Appeals Minutes
July 5, 2001
MEETING CALLED TO ORDER AT 5:20 P.M. BY CHAIRMAN STEINER
Members Present: Ronald Griffith
Gene Levengood
Bill Steiner
Donald Sprogell
Members Absent: Jim Zdanek
Others Present: Dennis Robare, Plan Reviewer
David Brashaw, Recording Secretary
Nine attendees in the audience
ITEM NO. 1 - APPROVAL OF MINUTES
1. Regular Meeting – June 7, 2001
Mr. Sprogell moved to approve the minutes of the Regular Meeting
of June 7, 2001 as submitted. Supported by Ron Griffith. Ayes all.
ITEM NO. 2 – NEW BUSINESS
1. Application No. 1266 – David & Elizabeth Janda
12400 Lighthouse Ct.
Plymouth, MI 48170
Location – David & Elizabeth Janda
12400 Lighthouse Ct.
Plymouth, MI 48170
Tax I.D. #78-036-02-0055-000
RE: Zoning Ordinance No. 83, Article VI R-1-E, R-1-H, R-1-S, R-1
One Family Residential Districts
Schedule of Regulations Article 16 – R-1-H Zoning District
Front yard setback – 35 feet minimum
Rear yard setback – 50 feet minimum
Side yard abutting a street – 35 feet minimum
(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 existing primary residence would have an approximate forty
nine (49) feet, ten (10) inch rear yard setback. At the location of the proposed
addition, with the proposed one thousand two hundred and one (1201) sq. foot two
story addition with garage, the proposed rear yard setback would be twenty one
(21) feet, four (4) inches, requesting a variance of twenty eight (28) feet,
eight (8) inches.
Mrs. Janda addressed the Board explaining their request. They
would like to request a re-classification of their property to change the south
side of the lot to be the side yard. If they could achieve this change, there
would be no need to request a variance as there would be adequate setback
distance to the rear for the proposed addition. However, since address and
street frontage are on Lighthouse Ct. not Beacon Hill, as homeowner would like,
this would involve an address change. It was suggested addressing procedure be
researched in order to determine if it would be possible to change. Mr. Griffith
moved to table Application 1266 until the next ZBA meeting for the variance
requested. Seconded by Mr. Sprogell. Ayes all.
2. Application No. 1267 – Archetype, Inc.
119 E. Ann St.
Ann Arbor, MI 48104
Location – Five Mile & Haggerty, L.L.C.
38710 Woodward
Bloomfield Hills, MI 48304
Tax I.D. #
RE: Zoning Ordinance No. 83. Article XIX, Planned Unit
Development Option/Article XVIXX, Parking Requirements, layout, standards and
off-street loading and unloading.
SEC. 9.12.11 PUD General Conditions
Off-street parking shall be provided for all uses as specified
in Article 20 of this ordinance. Mixed uses may have varied demands;
therefore, minor variations may occur if justified by the applicant and
approved by the Commission and the Board. All parking areas shall be screened
from public rights-of-way in a manner acceptable to the Commission and the
Board. In general, the screened areas shall not be less than twenty (20) feet
in width. Planting islands with trees a minimum of 2" – 2 ½" caliper shall be
incorporated into parking areas. A minimum of one (1) tree shall be provided
and incorporated within the parking area for each fifteen (15) parking spaces
provided.
SEC. 20.2 requirements for the development, maintenance and
layout of parking facilities:
In all instances, except private residences, where off-street
parking facilities are required or where vehicular parking is provided as an
adjunct to the lawful use of property and such facilities provide parking
privileges to owners, occupants, tenants, employees, patrons, customers, members
visitors and invitees therein, such off-street parking facilities shall be
constructed and maintained subject to the following regulations:
Plans for the layout and striping of off-street parking lots
shall comply with the following minimum requirements:
|
Pattern Parking |
Maneuvering Lane Width |
Parking Space Width |
Parking Space Length |
Total Width of One Tier of Spaces Plus Maneuvering Lane |
Total Width of Two Tiers of Spaces Plus Maneuvering Lane |
|
0º (parallel parking) |
12 feet |
9 feet |
23 feet |
21 feet |
30 feet |
|
30º to 53º |
12 feet |
9 feet |
20 feet |
33 feet |
54 feet |
|
54º to 74º |
15 feet |
9 feet |
20 feet |
35 feet, 6 inches |
58 feet |
|
75º to 90º |
20 feet |
10 feet |
20 feet |
40 feet |
60 feet |
The applicant is requesting one variance:
Plymouth Lakes is a proposed office development on approximately
60 acres, consisting of commercial, research and development, and office service
buildings totaling approximately 646,000 square feet. Approximately 1334 surface
parking spaces and approximately 1326 spaces in multi-level parking decks are
included. The efficient design of the parking lots and decks and the proposed
parking space width of 9’ allows for reduced overall impervious areas of paving.
This minimizes impacts to wetlands and natural areas, and reduces the area
required for storm systems and detention basins to manage storm-water run-off
from parking surfaces. Providing parking spaces 10’ in width rather than 9’ in
width would present practical difficulties and a considerable hardship for the
project. Requesting a variance of one (1) foot in width for the approximate
2660 parking spaces at the Plymouth Lakes Office Development.
Ron Thomas of Archetype addressed the Board about this request.
Because the Plymouth Lakes development has tried to preserve wetland areas and
other spaces left open, they need to have parking spaces of nine feet in width
instead of ten feet.
Mr. Levengood moved to approve Application 1267 for the variance
requested. Seconded by Mr. Sprogell. Ayes all.
Application No. 1268 – Collins Signs, Inc.
4255 Napier Field Rd
Dolthan, AL 36302
Location – The Home Depot
47725 Five Mile Rd
Plymouth, MI 48170
Tax I.D. #78-
SEC. 21.1 Definition:
As used in this article, the following words shall have the
meanings as set forth in this section.
Item of Information: Any word, abbreviation or symbol used
as part of a sign.
Setback of Sign: Setback is the distance measured from the
street setback line from which the sign is to be primarily viewed to the
leading edge of the sign.
Signable Area: A continuous surface or wall unobstructed
by windows, doors and other major architectural details.
Wall Sign: A sign which is attached directly to or painted
upon a building wall and does not extend above the height of the wall to which
it is attached nor more than 18 inches therefrom, with the exposed face of the
sign in a plane parallel to the building wall. Included in the meaning of wall
signs are signs mounted above the eave line, but not extending above the roof
peak and signs mounted flat against the building fascia, provided the sign
does not protrude beyond any boundary of the fascia.
SEC. 21.2 General Standards:
The following general standards shall apply:
Measurement of Sign Area: The entire area within a
rectangle or square enclosing the extreme limits of writing, representation,
emblem, or any figure of 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.
Where a sign has two or more faces, the area of the faces
shall be included in determining area of the sign, except that where two such
faces are placed back and are at no point more than two feet from one another,
the area of the sign shall be taken as the area of one face, if the two faces
are of equal area, or as the area of the larger face, if the two faces are of
unequal area.
Item of Information: Where a sign has two or more faces
the items of information of all faces shall be included in determining the
total items of information, except that where two such faces are placed back
to back and are at no point more than two feet from one another the items of
information of the sign shall be taken as the items of one face, if the two
faces contain the same items of information, or the greater number of items,
if the two faces are not equal. See Section 21.5 Items of Information Section,
for exact number of items of information permitted.
SEC. 21.5 Signs Permitted in Specific Zoning Districts:
The following illuminated or non-illuminated signs shall be
permitted only within the zoning districts specified below. Any combination of
signs permitted within the District may be allowed provided that the total items
of information (as defined in Sec. 21.1-7) of all signs combined do not exceed
the limits indicated.
TYPE OF SIGN PERMITTED
Total Items of Information allowed
|
Zoning Classification |
Ground |
Wall |
Projecting |
Marquee |
Window |
Portable |
Per Single Street Frontage |
For Each Additional Street Frontage |
|
IND
|
yes |
yes |
yes |
yes |
yes |
no |
5 |
5 |
SEC. 21.7 Area, Height and Placement Regulations:
Wall Signs.
For IND District.
Maximum signable area of forty (40%) percent of r
individual letters and thirty (30%) percent for a panel sign, up to a
maximum of ninety (90) square feet of sign area.
Maximum height – height of wall to which attached.
Items of Information – statement, with this wall sign, and the
previously approved wall and ground signs this site shall have the maximum
number of items of information – ten (10) allowed.
The applicant is requesting one variance:
The applicant is allowed a ninety (90) square foot wall sign.
The applicant’s proposed wall sign is to be two hundred ninety (290) square feet
(58 feet wide x 5 feet high), requesting a variance of two hundred square
feet of sign area.
Ms. Johnnie Capron from Alabama represented the sign company. It
was determined the hardship in this case was the large size of the building and
the setback from Five Mile Rd. Mr. Griffith moved to approve Application 1268
for the variance requested. Supported by Mr. Levengood. Ayes all.
4. Application No. 1275 – Thomas F. Neal, III
11261 McClumpha Rd
Plymouth, MI 48170
Location – Thomas F. Neal, III
11261 McClumpha
Plymouth, MI 48170
Tax I.D. #78-054-99-0004-003
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 lots, 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 two variances:
The proposed twenty four (24) foot deep x forty four (44) foot
wide = fifteen hundred thirty six (1536) sq. ft. four-plus car garage with
shop accessory building shall be nineteen (19) feet, two (2) inch in height, requesting a variance of seven (7) feet, two (2) inches for height of
proposed accessory building.
The proposed twenty four (24) foot deep x forty four (44) foot
wide = fifteen hundred thirty six (1536) sq. ft. four-plus car garage shall
have a twelve (12) foot deep x forty four (44) foot wide =five hundred twenty
eight (528) sq. ft. second level storage floor, requesting a variance of
five hundred twenty eight (528) sq. ft. second level for the proposed
accessory building.
No significant hardship was established and it was noted that if
the planned garage was changed to one story and kept within the lot coverage
requirement, they would not need a variance. Mr. Sprogell moved to deny
Application 1275 for both the height variance and the square footage variance
requested. Seconded by Mr. Griffith. Ayes all.
5. Application No. 1276 – Heileman Signs
22901 Stadium
St. Clair, MI 48178
Location – Sunshine Honda
315 Ann Arbor Rd
Plymouth, MI 48170
Tax I.D. #78-061-99-0007-000
RE: Zoning Ordinance No. 83.87, Article 34 ARC – Ann Arbor Road
Corridor District
Sec. 34.10 Signs
Area, Height, Placement and Other Regulations for Permitted
Signs
Ground signs
One (1) ground sign shall be permitted per street
frontage on any parcel. However, only one (1) sign shall be permitted on
lots having frontage on more than one street if a single sign can be
located such that it is visible from both streets. In multi-tenant
buildings or shopping centers, the sign area may be allocated for use by
individual tenants.
On premises with a street frontage of 200 feet or
greater, ground signs shall be setback a minimum of 10 feet, and shall
not exceed a maximum height of twelve (12) feet or maximum area of sixty
(60) square feet.
The applicant is requesting one variance:
The proposed thirty two (32) sq. ft. ground sign, "Certified
Used Cars" would be a second ground sign on the same lot with one street
frontage, requesting a variance for a second ground sign on the same lot with
one street frontage.
It was noted by Mr. Steiner that the City of Plymouth was
notified of this request but did not to respond. Based on both the large street
frontage and the fact that essentially two businesses exist there (new and used
cars), this should be acceptable. Mr. Sprogell moved to approve Application 1276
for the variance requested. Seconded by Mr. Levengood. Ayes all.
6. Application No. 1277 – Heileman Signs
22901 Stadium
St. Clair, MI 48178
Location – Sunshine Honda
315 Ann Arbor Rd
Plymouth, MI 48170
Tax I.D. #78-061-99-0007-000
RE: Zoning Ordinance No. 83.87, Article 34 ARC – Ann Arbor Road
Corridor District
Section 34.7 Landscaping, screening or buffering
1. Character of Landscaping, Screening or Buffering Areas
Landscaping for required screening shall form a complete visual
and physical separation, create a transition between uses, and reduce adverse
effects of lights and unsightly areas. Landscaping which is required as
buffering or green space shall create a partial visual separation and break up
the visual pattern of parking areas
Methods of Screening
Standards are given for acceptable screening using a solid
wall with planting strip, screening berm, or evergreen screen.
Areas Requiring Screening and/or Buffering
Various methods of screening and/or buffering are required
between uses that may have a negative impact on one or the other and those
uses are listed.
Ordinance requires a 6’ high masonry wall with a
six-to-eight-foot-wide planting strip 35 feet on center and must directly abut
the commercial side of the wall. An existing 6-foot-high masonry wall, borders
the apartment property to the south. This will remain, however, the placement of
an 8-foot planting strip would eliminate one tier of parking (40 spaces) from
the proposed dealership plan. A 50 foot landscape buffer with many substantial
trees currently exists on the apartment site along the common property line. The
Planning Commission approved this alternative screening method as part of the
site plan, subject to the following conditions:
An agreement between the applicant and the apartment owner
is reached allowing the applicant to purchase and install the plant material
on the apartment site.
An agreement is reached to insure continued maintenance of
added trees.
All trees shall be minimum of 5 feet high at the time of
installation and,
Approval of this alternative screening shall be accomplished
through administrative, on-site review of the material and location of the
added trees.
This alternative screening concept must be treated as and be
approved by the Zoning Board of Appeals.
The applicant is requesting one variance:
The proposed alternative screening method for the south property
line between the ARC zoned proposed commercial development and the north
property line of the R-2-A existing apartment building complex. Requesting an
elimination of the required acceptable screening on the applicant’s south
property line abutting a residential zoned property.
It was pointed out that the Planning Commission approved the
landscape screenwall issue. Mr. Sprogell moved to approve Application 1277 for
the variance requested. Seconded by Mr. Griffith. Ayes all.
MOTION TO ADJOURN
It was moved by Mr. Levengood and seconded by Mr. Griffith to
adjourn the meeting at 6:45 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)-
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