Zoning Board of Appeals Minutes
September 2, 2004

Meeting called to order at 5:00 p.m. by Chairman Levengood.

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

MEMBERS ABSENT:
Abe Munfakh

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

ITEM NO. 1 - APPROVAL OF MINUTES

    1.  Regular Meeting – August 5, 2004

Moved by Mr. Sturdy, supported by Mr. Zdanek, to table approval of the minutes of the Regular Meeting of August 5, 2004, until the October meeting.

Ayes all.

ITEM NO. 2 – NEW BUSINESS

    1.  Application No. 1376 - Tony V’s Sunrooms & Spas
        20330 Hall Rd
        Clinton Twp., MI 48038

        Location – William & Patricia Phenix
        46240 Quail Ridge Ct
        Plymouth, MI 48170
        Tax I.D. #78-053-02-0061-000

RE: Zoning Ordinance No 99, Article XX Schedule of Regulations Amendments R-1-E, R-1-H, R-1-S, R-1. One Family Residential Districts. Section 20.1, 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	20.1, Article XX	46240 Quail Ridge Ct	50 feet	42 feet	7 feet, 5 inches

The applicant is requesting one variance:

1. The existing residential property has a rear yard setback of fifty-three (53) feet, five (5) inches. With the proposed eleven (11) foot, five (5) inch sunroom addition, the rear yard setback would be forty-two (42) feet. The applicant is requesting a variance for rear yard setback of seven (7) feet, five (5) inches.

Mr. and Mrs. William Phenix addressed the Board and answered questions regarding their proposal to enclose their covered porch.

Moved by Mr. Sturdy, supported by Mr. Jachym, to grant the 7 ft. 5 in. rear yard setback variance requested in Application 1376 at 46240 Quail Ridge Court because the request meets all requirements of the Zoning Ordinance: practical difficulty, substantial justice, public safety and welfare, exceptional circumstances, not of a generally recurrent nature, not self-created, and not dependent on increased financial return.

Ayes all.

Mr. Levengood indicated that Mr. Munfakh has not attended any ZBA meetings since his appointment. He noted this might cause difficulties in seating a quorum and this also raises the possibility of tie votes. Building Official Lewis said a new liaison member would be appointed when the newly-elected Board of Trustees takes office in November.


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 Human Resource Office, Charter Township of Plymouth, 42350 Ann Arbor Road, Plymouth, Michigan, 48170, (734) 453-3202, TDD users: 1-800-649-3777 (Michigan Relay Service)-