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Agendas and Minutes
Tertiary BulletOverview   Tertiary BulletBoard of Trustees   Tertiary BulletDowntown Development Authority Board
Tertiary BulletPlanning Commission   Tertiary BulletZoning Board of Appeals

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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Charter Township of Plymouth
9955 N. Haggerty Road
Plymouth, Michigan  48170
(734) 453-3840

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