Zoning Board of Appeals Minutes
June 5, 2003
Meeting called to order at 5:00 p.m. by Chairman Levengood.
MEMBERS PRESENT:
Ronald Griffith
Harry Jachym
Gene Levengood
Ray Sturdy, Jr.
Jim Zdanek
MEMBERS ABSENT: None
OTHERS PRESENT:
Mark Lewis, Chief Building Official
Alice Geletzke, Recording Secretary
9 members of the public
ITEM NO. 1 - APPROVAL OF MINUTES
1. Regular Meeting – May 1, 2003
Moved by Mr. Zdanek, supported by Mr. Griffith, to approve the minutes of the
Zoning Board of Appeals Regular Meeting of May 1, 2003, as submitted. Ayes all.
ITEM NO. 2 – NEW BUSINESS
1. Application No. 1333 - Menard Builders
13672 Emrick Dr
Plymouth, MI 48170
Location – Thomas Kolakowski.
12827 Rolston Dr
Plymouth, MI 48170
Tax I.D. #78-037-99-0013-707
RE: Zoning Ordinance No 83, Article XVI R-1-E, R-1-H, R-1-S, R-1. One Family
Residential Districts.
Schedule of Regulations 16.1, z, minimum rear yard setback – 50 feet.
|
Variance No. |
Zoning
Ordinance Section/Standard |
Location
|
Required Rear Yard Setback |
Proposed
Rear Yard Setback |
Variance
Required |
| 1 |
16.1 z |
12827 Rolston Dr |
50 feet |
41 feet |
9 feet |
The applicant is requesting one variance:
The existing primary residence has an approximate fifty (50) foot rear yard
setback. With the proposed nine (9) foot addition, the proposed rear yard
setback would be forty one (41) feet. The applicant is requesting a variance of
nine (9) feet, (0) inches.
Mr. Walter Menard of Menard Builders addressed the Board, presented photographs,
and answered questions.
Moved by Mr. Jachym, supported by Mr.Griffith, to grant the 9 ft. variance
requested in Application No. 1333, Menard Builders for Thomas Kolakowski, 12827
Rolston Drive. Ayes all.
2. Application No. 1334 – Essco Development
210 S. Old Woodward Ave
Birmingham, MI 48009
Location – It Figures
1440 Sheldon Rd
Plymouth, MI 48170
Tax I.D. #78-057-99-0001-005
RE: Zoning Ordinance No 83, Article XXXIV ARC (Ann Arbor Rd Corridor District).
Section 21.5 Signs permitted in specific zoning districts:
| Variance No.
|
Zoning
Ordinance Section/Standard |
Location
|
Required
Sign Placement |
Proposed
Sign Placement |
Variance
Required |
| 1 |
Section 34.10.5.d |
1440 Sheldon Rd |
flat against façade area |
angled across façade area |
to extend beyond vertical surface
of facade |
| Variance No.
|
Zoning
Ordinance Section/Standard |
Location
|
Required
Signable Area |
Proposed
Signable Area |
Variance
Required |
| 2 |
Section 34.10.5.d |
1440 Sheldon Rd |
maximum 40% coverage |
80% coverage |
40% coverage |
The applicant is requesting two variances:
1. The placement of the existing wall sign is not flat on the façade of the
existing business. The applicant is requesting a variance on the placement of
the sign to extend beyond the vertical surface of the façade of the business.
2. The existing sign covers eighty percent (80%) of the signable area. The
applicant is requesting a variance in the signable area of forty percent (40%).
Mr. Dan Beasley and Ms. Michelle Shifter of It Figures addressed the Board and
answered questions. They discussed the unusual hardship in remaining signable
area on the building, caused by the installation of the overhang. Mr. Beasley
said that the sign company hired for installation failed to obtain a permit.
Mr. Beasley and Building Official Lewis also discussed with the Board the sign
having six items of information, rather than the allowed five because of an
additional word. Mr. Beasley maintained that the entire sign is the complete
corporate logo, including the words “Fast Fun Fitness for Her “,
Mr. Sturdy moved to table Application No. 1334, Essco Development for It
Figures, 1440 Sheldon Road, for up to 90 days in order to receive input from the
Downtowsn Development Authority. Mr. Sturdy withdrew his motion for lack of
support.
Moved by Mr. Griffith, supported by Mr. Zdanek, to grant approval of Application
No. 1334, Essco Development for It Figures, 1440 Sheldon Road, for the sign
variances requested because of obvious hardship reasons unique in that
development, caused by construction of the overhang which limited signable
space. Approval is also granted for the additional word on the sign, pending
verification to the Building Department that this additional information is part
of the total corporate logo. Ayes: Griffith, Zdanek, Jachym, Levengood. Nays:
Sturdy. Motion carried.
Mr. Jim Garmont, owner of the mall buildings in which It Figures is located,
said potential tenants are given instructions regarding sign regulations and
told of the necessity for obtaining a sign permit.
3. Application No. 1335 - Patio Enclosures, Inc.
40480 Grand River, Ste A
Novi, MI 48375
Location – Charles & Mary Hodge
46241 Forestwood
Plymouth, MI 48170
Tax I.D. #78-056-01-0140-000
RE: Zoning Ordinance No 83, Article XVI R-1-E, R-1-H, R-1-S, R-1. One Family
Residential Districts.
Schedule of Regulations 16.1, z, minimum rear yard setback – 50 feet.
| Variance No.
|
Zoning
Ordinance Section/Standard |
Location
|
Required
Rear Yard Setback |
Proposed
Rear Yard Setback |
Variance
Required |
| 1 |
16.1 z |
46241 Forestwood |
50 feet |
46 feet |
4 feet |
The applicant is requesting one variance:
The existing primary residence has an approximate fifty four point five (54.5)
foot rear yard setback. With the proposed eight point five (8.5) foot addition,
the rear yard setback would be forty six (46) feet. The applicant is requesting
a variance of four (4) feet, (0) inches.
Mr. Steve Rawson of Patio Enclosures and Charles Hodges, homeowner, addressed
the Board and answered questions.
Moved by Mr. Jachym, supported by Mr. Griffith, to grant approval for the 4 ft.
variance requested in Application 1335, Patio Enclosures, Inc., for Charles &
Mary Hodge, 46241 Forestwood. Ayes all.
4. Application No. 1337 - Gerald J. Kirsch
39682 Susan Ct.
Plymouth, MI 48170
Location – Gerald J. Kirsch
39682 Susan Ct.
Plymouth, MI 48170
Tax I.D. #78-066-02-0035-000
RE: Zoning Ordinance No 83, Article XVI R-1-E, R-1-H, R-1-S, R-1. One Family
Residential Districts.
Schedule of Regulations 16.1, z, minimum rear yard setback – 50 feet.
| Variance No.
|
Zoning
Ordinance Section/Standard |
Location
|
Required
Rear Yard Setback |
Proposed
Rear Yard Setback |
Variance
Required |
| 1 |
16.1 z |
39682 Susan Ct. |
50 feet |
40 feet |
10 feet |
The applicant is requesting one variance:
The existing primary residence has an approximate sixty one (61) foot rear yard
setback. With the proposed twenty one (21) foot addition, the rear yard setback
would be forty (40) feet. The applicant is requesting a variance of ten(10)
feet, (0) inches.
Sheila and Gerald Kirsch addressed the Board and answered questions.
Mr. Griffith noted that he is a neighbor to the rear of the Kirsch’s property on
Lot 23 and, as such, has no objection to their request.
Moved by Mr. Sturdy, supported by Mr. Griffith, to approve the 10 ft. variance
requested in Application 1337, Gerald J. Kirsch, 39682 Susan Ct., for the reason
that the application complies with the requirements of Section 26.9 of the
Zoning Ordinance, as amended by Ordinance 8363 as a requirement of the court
order. Ayes all.
5. Application No. 1338 - John Truskowski
40563 Firwood
Plymouth, MI 48170
Location – John Truskowski
40563 Firwood
Plymouth, MI 48170
Tax I.D. #78-064-04-0232-000
RE: Zoning Ordinance No 83, Article XVI R-1-E, R-1-H, R-1-S, R-1. One Family
Residential Districts.
Schedule of Regulations 16.1, z, minimum rear yard setback – 50 feet.
| Variance No.
|
Zoning
Ordinance Section/Standard |
Location
|
Required
Rear Yard Setback |
Proposed
Rear Yard Setback |
Variance
Required |
| 1 |
16.1 z |
40563 Firwood |
50 feet |
38 feet |
12 feet |
The applicant is requesting one variance:
The existing primary residence has an approximate fifty two (52) foot rear yard
setback. With the proposed sixteen (16) foot addition, the rear yard setback
would be thirty eight (38) feet. The applicant is requesting a variance of
twelve (12) feet, (0) inches.
Mr. Truskowski addressed the Board and answered questions.
The Board discussed the unusual trapezoidal shape of the lot and that, because
of a rear yard setback of 38 ft. at one corner and 43 ft. at the other, this
could be averaged to 40.5. However, the coverage of the rear of the house
exceeds the maximum if the addition is constructed at 20 x 16 ft. If constructed
at 20 x 14, rear coverage requirements would be met.
Moved by Mr. Griffith, supported by Mr. Zdanek, to grant approval for the rear
yard setback requested in Application 1338, John Truskowski, 40563 Firwood, due
to the unusual nature of that lot and the fact that when it’s averaged out it
will meet the 40 ft. limits, and also with the understanding that the applicant
is going to meet the 40% rear coverage requirement for the rear of the building,
and that materials will be consistent with the existing structure. Ayes all.
The Board agreed to change their July meeting date to Thursday, July 10, 2003,
at 5 p.m. from Thursday, July 3, 2003.
There being no further business, Chairman Levengood adjourned the meeting at
6:15 p.m.
Respectfully submitted,
Raymond O. Sturdy, Jr., 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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