Zoning Board of Appeals Minutes
September 6, 2001

MEETING CALLED TO ORDER AT 5:00 P.M. BY CHAIRMAN STEINER

Members Present: Joe Bridgman

Ronald Griffith

Gene Levengood

Bill Steiner

Jim Zdanek

Others Present: Charles McIlhargey

Diane Leclair

Six attendees in the audience

ITEM NO. 1 - APPROVAL OF MINUTES

Regular Meeting – August 2, 2001

Mr. Bridgman moved to approve the minutes of the August 2, 2001 ZBA meeting, as submitted. Seconded by Mr. Levengood.

Ayes all.

ITEM NO. 2 – OLD BUSINESS

Application No. 1280 – Larry Duty

9278 Corinne

Plymouth, MI 48170

Location – Larry Duty

9430 Oakview, lot #262

Plymouth, MI 48170

Tax I.D. #78-059-03-0262-000

RE: Zoning Ordinance No. 83, Article XVI Schedule of Regulations, Zoning District R-1 One Family Residential District

Minimum Lot Area – 7,200 sq. ft.

Minimum Width of Lot – 60 ft.

Minimum Side Yard Setback – 5 ft., Total of two = 16 ft.

The applicant is requesting three variances:

The existing lot has an area of five thousand nine hundred seventy six (5976) sq. ft.

Applicant is requesting a variance of the required minimum lot area of 1224 sq. ft.

The existing lot has a width of 49.78 ft. to 49.95 ft. from front to rear property lines.

2. Applicant is requesting a variance of the required minimum width of lot of 10.22 ft. to 10.05 ft. front to rear property lines.

3. Applicant is requesting a variance of the required total of two side yard setbacks, of .22 ft., for a total of 15.78 ft.

Larry Duty addressed the Board regarding his requested variances. It was determined that the hardship in this case was due in part to the way the land was originally platted in that area. Mr. Levengood moved to approve Application 1280 for the variances as requested. Seconded by Mr. Griffith. Ayes all.

ITEM NO. 3 – NEW BUSINESS

1. Application No. 1282 – Robert Bulmer

50955 N. Territorial Rd

Plymouth, MI 48170

Location – Robert Bulmer

50955 N. Territorial Rd

Plymouth, MI 48170

Tax I.D. #78-042-99-0006-000

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 Zoning District

Front yard setback – 30 feet minimum

ARTICLE VI:

R-1-E, R-1-H, R-1-S, R-1 One Family Residential Districts

Purpose:

These residential districts are designed to ensure that the development of the designated areas proceeds in a manner consistent with the existing and desired residential character of the Township. The four (4) One Family Residential Districts are differentiated, among other factors, by densities and yard requirements as established in Article 16, Schedule of Regulations in order to provide a reasonable balance and variety of single family living environments.

SEC. 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):

Site Plan and development approval for all conditional or special land uses as specified in Article 24 of this Ordinance.

Fences:

In all One Family Residential Districts the following shall apply in regards to fencing:

Protective or Security Fencing

Protective or Security fencing shall be considered a structure enclosing a piece of land or separating contiguous lands either in whole or in part serving the purpose of preventing intrusion onto or across a lot of record or any parcel or tract of unplatted land from without or straying from within. The following shall govern the height, location and placement of protective or security fencing:

Interior Lots. Placement: Fencing may be placed along the lot lines except that no fence shall be built closer to the street than the front setback line applicable to the premises pursuant to the Schedule of Regulations (Article 16), provided no fence shall be built closer to the street than the established front building line along said street or in front of the building closest to the street on the fenced premise. The exceptions to this, however, shall be where a lot backs or sides to a major thoroughfare with an ultimate right-of-way of 120 feet.

The applicant is requesting one variance:

The proposed protective fencing shall be built to thirty two (32) ft. of the front property line on the west side property line, one hundred twenty seven (127) ft. of the front property line on the east side of the property line. It is difficult to establish the front building line along said street in front of the building by the unscaled plot plan provided, requesting variance of allowing the protective fence be built closer to the street than the established front building line by approx. one hundred twenty five (125) feet.

Mr. & Mrs. Bulmer were both present to explain their requested variance for fencing to protect their property, which is surrounded by a subdivision. It was pointed out that front yard fencing as requested is against Township Ordinance 83, also there was no apparent hardship in this case and other options were suggested. A berm could be built up, or trees & shrubs to border the area or a combination of a berm and planting materials. Mr. Levengood moved to deny application 1282. Seconded by Mr. Bridgman. Ayes all.

2. Application No. 1283 – Vito P. Laudicina

1655 E. Auburn Rd.

Rochester Hills, MI 48307

Location – Curt & Sharon Nicholas

15200 Bradner Rd

Plymouth, MI 48170

Tax I.D. #78-017-01-0008-001

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 Zoning District.

Front yard setback – 30 feet minimum

Rear yard setback – 50 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.

1. 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 the open 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.

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

The applicant is requesting one variance:

The existing primary residence has an approximate fifty seven (57) feet, five (5) inch rear yard setback. At the location of the proposed addition, with the proposed twelve (12) ft x twelve ft sunroom addition, the proposed rear yard setback would be forty five (45) feet, five (5) inches, requesting a variance of four(4) feet, seven (7) inches.

Mr. & Mrs. Nicholas presented their request to the Board. This request was determined to be well within the acceptable 40% of the width of the portion of the single family structure and the ten (10) foot encroachment into the rear yard fifty (50) foot setback. Also the completed structure will be consistent and compatible with the material of the current house. Mr. Griffith moved to approve application 1283. Seconded by Mr. Bridgman. Ayes all.

MOTION TO ADJOURN

It was moved by Mr. Bridgman and seconded by Mr. Levengood to adjourn the meeting at 5:25 p.m. Ayes all.

Respectfully Submitted,

 

Joe Bridgman, Secretary

Zoning Board of Appeals

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

If denied, you may appeal to Circuit Court.

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)-