Zoning Board of Appeals Minutes
July 8, 2004

Meeting called to order at 5:03 p.m. by Chairman Levengood.

MEMBERS PRESENT:
Harry Jachym
Gene Levengood
Ray Sturdy, Jr.
Jim Zdanek

MEMBERS ABSENT:
Abe Munfakh, Excused

OTHERS PRESENT:
Mark Lewis, Chief Building Official
Alice Geletzke, Recording Secretary
13 members of the public

ITEM NO. 1 - APPROVAL OF MINUTES

    1.  Regular Meeting – June 3, 2004

Moved by Mr. Jachym, supported by Mr. Zdanek, to approve the minutes of the Regular Meeting of June 3, 2004, as submitted.

Ayes all.

ITEM NO. 2 – NEW BUSINESS

1.     Application No. 1366 - Premier Building
        8892 Hanlon
        Livonia, MI 48150

        Location – Dean & Lorraine Gardner
        9629 Southworth
        Plymouth, MI 48170
        Tax I.D. #78-060-02-0037-000

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, Article XVI minimum front yard setback – 25 feet.

Variance No.	Zoning Ordinance Section/Standard	Location	Required Minimum Front Yard Setback	Proposed Minimum Front Yard Setback	Variance Required
1	16.1, SectionXVI	9629 Southworth	25 feet	21.8 feet	3.2 feet

The applicant is requesting one variance:

1. The existing primary residence has a front yard setback of twenty nine point eight (29.8) feet. With the proposed eight (8) foot front porch addition, the front yard setback would be twenty one point eight (21.8) feet. The applicant is requesting a front yard variance of three point two (3.2) feet.

Mike Wyler of Premier Building addressed the Board and answered questions. The applicant wishes to cover an existing 8 ft. open porch.

Mr. Sturdy verified that the criteria for granting variances has been met as set forth in the new Zoning Ordinance.

Mr. Sturdy noted that with respect to the new ordinance, the Board is converting what’s applied for under Ordinance No. 83 to Ordinance No. 99, dealing with the scheduled regulations in Article XI.

Moved by Mr. Sturdy, supported by Mr. Jachym, to grant the 3.2 ft. variance requested in Application 1366, Dean and Lorraine Gardner, as the request meets the guidelines for granting variances set forth in the Zoning Ordinance.

Ayes all.

2.     Application No. 1367 - Mr & Mrs James Frederick
        8818 Rocker Ave
        Plymouth, MI 48170

        Location – Mr & Mrs James Frederick
        8818 Rocker Ave
        Plymouth, MI 48170
        Tax I.D. #78-061-02-0073-002

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, Article XVI minimum rear yard setback – 50 feet.

Variance No.	Zoning Ordinance Section/Standard	Location	Required Minimum Rear Yard Setback	Proposed Minimum Rear Yard Setback	Variance Required
1	16.1, Article XVI	8818 Rocker Ave	50 feet	11.1 feet	38.9 feet

The applicant is requesting one variance:

1. The existing non-conforming residential property has a rear-yard setback of twenty-two point one (22.1) feet. With the proposed variance, the rear yard setback would be eleven point one (11.1) feet. The applicant is requesting a variance for rear yard setback of thirty-eight point nine (38.9) feet.

A representative of Italy-American Construction Company addressed the Board and answered questions.

Mr. Sturdy noted the unusual nature of the particular lot. The majority of homes face Joy Road, but this particular corner lot home faces Rocker Avenue. This circumstance actually creates a side lot line issue and there will be a 11.1 side yard and only 5 ft. is required. He also felt the remaining Zoning Ordinance criteria were met.

Moved by Mr. Sturdy, supported by Mr. Jachym, to grant the variance requested in Application 1367, Mr. and Mrs. James Frederick, under side yard requirements.

Ayes all.

3.     Application No. 1368 - Miller Garage Building Co.
        13042 E. Eight Mile Rd
        Detroit, MI 48205

        Location – Kathleen M. Baigrie
        42032 Brentwood
        Plymouth, MI 48170
        Tax I.D. #78-017-05-0102-000

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, Article XVI minimum side yard setback – 5 feet.

Variance No.	Zoning Ordinance Section/Standard	Location	Required Setback Minimum for Side Yard	Proposed Setback Minimum for Side Yard	Variance Required
1	16.1, Article XVI	42032 Brentwood	5 feet	3 feet	2 feet

The applicant is requesting one variance:

1. With the proposed twenty four (24) foot x twenty two (22) foot detached garage addition, the proposed side yard setback would be three (3) feet. The applicant is requesting a side yard setback variance of two (2) feet.

Ms. Kathleen Baigrie addressed the Board and answered questions.

The Board noted the practical difficulties created by the oddly shaped size of the lot.

Moved by Mr. Sturdy, supported by Mr. Jachym, to grant the 2-ft. variance requested in Application 1368, Kathleen M. Baigrie, due to practical difficulty caused by the oddly shaped lot and because this request meets the criteria of the Zoning Ordinance.

Ayes all.

4.     Application No. 1369 - Leslie & Joanne Campbell
        45626 Turtlehead Ct. N.
        Plymouth, MI 48170

        Location – Leslie & Joanne Campbell
        45626 Turtlehead Ct. N.
        Plymouth, MI 48170
        Tax I.D. #78-053-01-0408-000

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, Article XVI minimum rear yard setback – 50 feet.

Variance No.	Zoning Ordinance Section/Standard	Location	Required Minimum Rear Yard Setback	Proposed Minimum Rear Yard Setback	Variance Required
1	16.1, Article XVI	45626 Turtlehead Ct. N.	50 feet	46.8 feet	3.2 feet

The applicant is requesting one variance:

1. The existing residential property has a rear yard setback of fifty (50) feet. With the proposed twenty one (21) foot x six (6) foot kitchen addition, the rear yard setback will forty six point eight (46.8) feet. The applicant is requesting a rear yard variance of three point two (3.2) feet.

Mr. and Mrs. Campbell addressed the Board and answered questions.

Mr. Jachym moved to grant approval of the 3.2-ft. variance requested in Application 1369, Leslie and Joanne Campbell, as this request falls within the parameters of the consent judgment and meets the criteria of the Zoning Ordinance. Supported by Mr. Sturdy.

Ayes all.

5.     Application No. 1370 - Mark Kesson
        15047 Lakewood
        Plymouth, MI 48170

        Location – Mark Kesson
        15047 Lakewood
        Plymouth, MI 48170
        Tax I.D. #78-017-06-0370-002

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, Article XVI minimum rear yard setback – 50 feet

Variance No.	Zoning Ordinance Section/Standard	Location	Required Minimum Rear Yard Setback	Proposed Minimum Rear Yard Setback	Variance Required
1	16.1, Article XVI	15047 Lakewood	46.9 feet	39.7 feet	10.3 feet

The applicant is requesting two variances:

1. The existing non-conforming residential property has a rear yard setback of forty six point eight (46.8) feet. With the proposed sixteen point six (16.6) foot addition, the rear yard setback would thirty nine point seven (39.7) feet. The applicant is requesting a rear yard variance of ten point three (10.3) feet.

Mr. Kesson and Dawn Zebur of Studio Z Architecture presented drawings which indicated that only an 8-ft. variance would be required, leaving a rear-yard setback of 42 feet, which falls within the consent judgment.

Moved by Mr. Sturdy, supported by Mr. Jachym, to grant approval of the 8-ft. variance requested in Application 1370, Mark Kesson, as this request falls within the consent judgment and meets the criteria of the Zoning Ordinance.

Ayes all.

6.     Application No. 1371 - Doug’s Ultimate Construction
        1076 Palmer
        Plymouth, MI 48170

        Location – Fran & Steven Kleabir
        11946 Appletree
        Plymouth, MI 48170
        Tax I.D. #78-032-02-0012-000

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, Article XVI minimum rear yard setback – 50 feet.

Variance No.	Zoning Ordinance Section/Standard	Location	Required Minimum Rear Yard Setback	Proposed Minimum Rear Yard Setback	Variance Required
1	16.1, Article XVI	11946 Appletree	50 feet	42 feet	8 feet

The applicant is requesting one variance:

1. The existing residential property has a rear yard setback of fifty (50) feet. With the proposed family room addition, the rear yard setback would forty two (42) feet. The applicant is requesting a rear yard variance of eight (8) feet.

Moved by Mr. Sturdy, supported by Mr. Jachym, to approve the 8-ft. rear yard variance requested in Application 1371, Doug’s Ultimate Construction, as this request meets the criteria of the consent judgment and Zoning Ordinance.

Ayes all.

7.     Application No. 1372 - Robert Tibaldi
        1076 Clare Blvd
        Plymouth, MI 48170

        Location – Ed Jonik
        11370 Parkview
        Plymouth, MI 48170
        Tax I.D. #78-063-02-0027-000

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, Article XVI minimum front yard setback – 25 feet.

Variance No.	Zoning Ordinance Section/Standard	Location	Required Minimum Front Yard Setback	Proposed Minimum Front Yard Setback	Variance Required
1	16.1, Section XVI	11370 Parkview	25 feet	22 feet	3.2 feet

The applicant is requesting one variance:

2. The existing non-conforming primary residence has a front yard setback of twenty five (25) feet. With the proposed twenty one (21) foot x six (6) foot front porch addition, the front yard setback would be twenty two (22) feet. The applicant is requesting a front yard variance of three (3) feet.

Ed and Charlotte Jonik addressed the Board and answered questions.

Moved by Mr. Levengood, supported by Mr. Zdanek, to table Application 1372 for further review by the Building Department as to whether a variance is required under the new Zoning Ordinance.

Ayes all.

Mr. Levengood adjourned the meeting at 6:12 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)-