Zoning Board of Appeals Minutes
October 4, 2001

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

Members Present: Ronald Griffith

Gene Levengood

Joe Bridgman

Bill Steiner

Jim Zdanek

ITEM NO. 1 - APPROVAL OF MINUTES

1. Regular Meeting – September 6, 2001

Mr. Bridgman moved to approve the minutes of September 16, 2001 ZBA meeting, as submitted. Seconded by Mr. Griffith. Ayes all.

ITEM NO. 2 – OLD 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.

It was declared that this issue should not have been submitted to the Zoning Board of Appeals for a variance. As noted in an interoffice memorandum dated July 18, 2001 regarding corner lots. The applicant can use either street side for setbacks. This practice has been the policy of Plymouth Township Planning & Building since the early 70’s.

Mr. Griffith moved that this item should go back to the Building Department for review and approval. Seconded by Mr. Levengood. Ayes all.

ITEM NO. 3 – NEW BUSINESS

2. Application No. 1284 – James S. Bonadeo

8600 Ann Arbor Rd

Plymouth, MI 48170

Location – Laura & Steven Tihanyi

13658 Burning Tree Lane

Plymouth, MI 48170

Lot #39 – Portsmouth Crossing

RE: Zoning Ordinance No. 83. Article XVI, R-1-H, One Family Residential District. Schedule of Regulations 16.1,z, minimum side yard setback – 10 feet.

The applicant is requesting one variance:

The proposed primary residence – zoned R-1-H requires a minimum ten (10) feet side yard setback. Proposed residence would have a side yard setback ranging from a minimum of three (3) feet ten (10) inches to a maximum of seven (7) feet, eight & one half (8.5) inches, requesting a variance of six (6) feet, two (2) inches to two (2) feet three & one half (3.5) inches.

Mr. Bonadeo stated he was unsure as to how this error occurred. His engineer and excavator were questioned and claimed they had followed proper procedure with this project. The contractor was present as well as the homeowner who was reassured that this issue will not cause him future problems once the variance has been granted.

Mr. Griffith moved to approve Application 1284 for the variance requested. Seconded by Mr. Zdanek. Ayes all.

Application No. 1285 – Accent Remodeling, Inc.

8424 N. Lilley Rd.

Canton, MI 48187

Location – John & Linda Harris

46334 Wesford Ct.

Plymouth, MI 48170

Tax I.D. #78-036-04-0129-000

RE: Zoning Ordinance No. 83, Article XVI R-1-E, R-1-H, R-1-S and R-1 One Family Residential Districts. Schedule of Regulations 16.1, z, minimum rear yard setback – 50 feet.

(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 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 two (52) feet, two & one half (2.5) inch rear yard setback, at the location of the proposed addition. With the proposed twenty one (21) feet, six (6) inch x twenty nine (29) feet, eight (8) inches, requesting a variance of twenty (20) feet, three (3) inches.

Mr. Shubow, production manager of Accent Remodeling represented the homeowners. A revised letter stating health reasons as the hardship for the variance request was submitted. The Board firmly stated that their position would only allow them to grant a minimum rear setback of 40 feet by law. It was suggested the addition be re-designed to accommodate that setback distance. The applicants did not want to change their request or re-design the addition. They were then told the next step would be to appeal to the Circuit Court.

Mr. Griffith moved to deny Application 1285 for the variance requested. Seconded by Mr. Levengood. Ayes all.

MOTION TO ADJOURN

It was moved by Mr. Griffith (?) and seconded by Mr. Levengood (?) to adjourn the meeting at 5:45 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, the applicant 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)-