Zoning Board of Appeals Minutes
December 5, 2002
Meeting called to order at 5:20 p.m. by Chairman Steiner.
MEMBERS PRESENT:
Joe Bridgman
Ronald Griffith
Bill Steiner
Gene Levengood
Jim Zdanek
MEMBERS ABSENT: None
OTHERS PRESENT:
Mark Lewis, Chief Building Official
Alice Geletzke, Recording Secretary
20 members of the public
ITEM NO. 1 - APPROVAL OF MINUTES
1. Regular Meeting – November 7, 2002
Moved by Mr. Bridgman, supported by Mr. Griffith, to approve the minutes of the
Regular Meeting of November 7, 2002, as submitted. Ayes all.
ITEM NO. 2 – OLD BUSINESS
1. Application No. 1320 - Hassib Zahr
6000 Reuter St.
Dearborn, MI 48216
Location – Hassib Zahr
42395 Ann Arbor Rd
Plymouth, MI 48170
Tax I.D. #78-062-99-0009-000
RE: Zoning Ordinance No. 83, Article XXXIV, ARC (Ann Arbor Road Corridor)
District. Sec. 34.2, 34.3, 34.4 ARC:
The applicant is requesting six variances:
| Variance No. |
Zoning Ordinance
Section/Standard |
Location |
Requirement |
Proposed |
Variance Required |
| 1 |
Section 34.2.3.v7 – Lot Frontage |
Lilley Road & Ann Arbor Road |
150 feet 150 feet |
125 feet 116.1 feet |
25 feet 33.9 feet |
| 2 |
Section 34.2.3.v.7 – Lot Area |
|
24,000 sq. feet |
14,519 sq. ft. |
9,481 sq. feet |
| 3 |
Section 34.2.3.v.1 – SideYard |
East property line |
20 feet |
6 feet |
14 feet |
| 4 |
Section 34.3.a.1 – Rear Yard |
South property line |
20 feet |
0 feet |
20 feet |
| 5 |
Section 34.3.a.1 (footnote d.) – Street Side Yard
|
Lilley Road side |
75 feet |
59.5 feet |
15.5 feet |
Mr. Van Huntzberger, Architect, addressed the Board, answered questions, and
presented site plan drawings. He noted that Item No. 6 which appeared on the
agenda concerning the off-street parking spaces was not longer applicable.
Building Official Lewis noted that the Zoning Ordinance gives the Board of
Appeals authority in terms or irregular, narrow or shallow lots and this lot
with the pre-existing gas station on it is an extremely difficult site to
upgrade.
Mr. Bridgman said the Planning Commission has approved the site plan, subject to
the granting of the variances. They also felt it was a very difficult site to
redevelop and, based on what the applicant is proposing, it will be a nice
improvement to that corner.
Moved by Mr. Levengood, supported by Mr. Griffith, with regard to Application
No. 1320, Hassib Zahr, 42395 Ann Arbor Road, to allow the variances as
determined by the Planning Commission as acceptable to meet the accords of the
Ann Arbor Corridor, due to the uniqueness of the lot. Ayes all.
2. Application No. 1323 - Marcello Scappaticci
51000 N. Territorial Rd.
Plymouth, MI 48170
Location – Frederick E. Hebel
49000 N. Territorial Rd.
Plymouth, MI 48170
Tax I.D. #78-007-01-0007-324
The applicant is requesting two variances:
| Variance No. |
Zoning Ordinance
Section/Standard |
Location |
Requirement |
Proposed |
Variance Required |
| 1 |
Section 16.1 – Lot Area |
|
43,560 Sq. Ft. |
32,670 Sq. Ft. |
10,890 Sq. Ft. |
| 2 |
Section 16.1 – Lot Width |
|
150 ft. |
121 ft. +- |
29 ft. +- |
Mr. Frederick Hebel, property owner, addressed the Board and answered
questions. He noted the difficulty he’s had in selling his home on the lot as it
is, and his pressing personal reasons for needing a timely sale.
John Schenk, Dale Mitchell, Sandy Grysko, and Michelle DeSantis, all adjacent
property owners, presented their objections to the Board. They also stated only
one property owner received notification of the meeting from the Township.
Objections centered on being told at the time of purchase of their properties
that there would be no further splits and the existence of private road
agreements for Applecrest Drive.
It was also brought out that the Planning Commission had previously denied the
land split.
Moved by Mr. Bridgman, supported by Mr. Levengood, to deny Application 1323,
Marcello Scappaticci for Frederick E. Hebel, 49000 N. Territorial Road, based on
not being consistent with the Master Plan and the creation of an additional
non-conforming lot. Ayes all.
3. Application No. 1324 - Clark Home Improvement, Inc.
922 Sheridan
Ypsilanti, MI 48197
Location – James Greenshields
13055 Haverhill
Plymouth, MI 48170
Tax I.D. #78-033-02-0057-000
RE: Zoning Ordinance 83, Article XVI R-1-E, R-1-H, R-1-S and R-1. One Family
Residential Districts Zoning District R-1-H, Article XVI SCHEDULE OF
REGULATIONS:
Article VI Section 6.4.6.g.1 Accessory Buildings in Residential Districts
The applicant is requesting two variances:
| Variance No. |
Zoning Ordinance
Section/Standard |
Location |
Requirement |
Proposed |
Variance Required |
| 1 |
Section 16.1 – Lot Coverage |
|
Max. 15% |
27%+- |
12% |
| 2 |
Section 16.1 – Rear Yard Setback |
|
Min. 50 ft. |
15 ft. |
35 ft. |
Mr. James Greenshields and Mr. Art Butler, his attorney, addressed the Board
and answered questions.
Mr. Butler stated they were reappearing this month because they didn’t feel the
hardship was thoroughly understood.
Chairman Steiner stated the Board only had power to pass on the variances
requested, and has no control or power over drainage hardships.
Mr. Bridgman noted, for the record, that two letters were received with the
application. One was from Mr. and Mrs. Watkins who didn’t see any issues with
the variances, and the second letter was from Mrs. Powers, who also had no
objection.
Mr. Greenshields maintained that the rear yard setback requirement would only be
35 feet because his back yard abutted a side yard. However, Building Official
Lewis said it made no difference if the rear of the lot faces the side of
another home.
Mr. Levengood noted that threats of legal action by Mr. Greenshields had no
effect on the limitations of the Board with regard to giving variances.
Moved by Mr. Levengood, supported by Mr. Griffith, to deny Application 1324,
Clark Home Improvement for James Greenshields, 13055 Haverhill. Ayes all.
4. Application No. 1324 - LaBelle Management
405 S. Mission
Mt. Pleasant, MI 48858
Location – Bennigan’s Restaurant
40441 Ann Arbor Rd
Plymouth, MI 48170
Tax I.D. #78-033-02-0057-000
RE: Zoning Ordinance 83, Article XXXIV, Article XXXIV, ARC (Ann Arbor Rd
District). Section 34.5.g.2b.7
The applicant is requesting two variances:
| Variance No. |
Zoning Ordinance
Section/Standard |
Location |
Requirement |
Proposed |
Variance Required |
| 1 |
Section 34.5.g.2b.7 – Sign Height |
Ann Arbor Rd& Massey Dr |
4.5 feet |
8.0 feet |
3.5 feet |
| 2 |
Section 34.5.g.2b.7 – Sign Area |
Ann Arbor Rd & Massey Dr |
25 sq. ft. |
33 sq. ft. |
8 sq. ft. |
Mr. Tim Wright of LaBelle Management addressed the Board and
answered questions regarding the proposed directional sign, which would, by
ordinance, would necessitate inclusion of all the businesses on a particular
property.
Mr. Wright stated he had offered each of the properties that opportunity in
letter form. Quality Inn declined and the other property is undeveloped. He
wrote each of them a letter stating any time in the future, as long LaBelle
Management has control, that they would have the opportunity to come onto the
sign.
Moved by Mr. Levengood, supported by Mr. Griffith, to grant variances requested
in Application No. 1324, LaBelle Management for Bennigan’s Restaurant, 40441 Ann
Arbor Road. Ayes all.
Moved by Mr. Griffith, supported by Mr. Bridgman, to adjourn the meeting.
Meeting adjourned at 6:35 p.m.
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)-
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