Zoning Board of Appeals Minutes
October 7, 2004
Meeting called to order at 5:07 p.m. by Vice Chairman Zdanek.
MEMBERS PRESENT:
Harry Jachym
Gene Levengood arrived at 5:20 p.m.
Ray Sturdy, Jr.
Jim Zdanek
Abe Munfakh
MEMBERS ABSENT:
None
OTHERS PRESENT:
Mark Lewis, Chief Building Official
Alice Geletzke, Recording Secretary
7 members of the public
ITEM NO. 1 - APPROVAL OF MINUTES
1. Regular Meeting-August 5, 2004
Moved by Mr. Sturdy, supported by Mr. Jachym, to approve the minutes of the
Regular Meeting of August 5, 2004, as presented.
Ayes all.
2. Regular Meeting –September 2, 2004
Moved by Mr. Jachym, supported by Mr. Sturdy, to approve the minutes of the
Regular Meeting of September 2, 2004, as presented.
Ayes all.
ITEM NO. 2 – NEW BUSINESS
1. Approval of Zoning Board of Appeals meeting
schedule for
calendar year 2005.
Jan. 6, Feb. 3, Mar. 3, Apr. 7, May 5, Jun. 2, Jul. 7, Aug. 4, Sep. ,
Oct. 6, Nov. 3, Dec. 1
Moved by Mr. Sturdy, supported by Mr. Jachym, to approve the Zoning Board of
Appeals meeting schedule for the calendar year 2005.
Ayes all.
Chairman Levengood arrived at 5:20 p.m.
2. Application No. 1377 - Tony V’s Sunrooms & Spas
20330 Hall Rd
Clinton Twp., MI 48038
Location – Linda & Ray Byers
11803 Landers Dr
Plymouth, MI 48170
Tax I.D. #78043-01-0124-000
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 |
11803 Landers Dr |
50 feet |
45.6 feet |
4.4 feet |
The applicant is requesting one variance:
1. The existing residential property has a rear yard setback of more than the
minimum fifty (50) foot rear yard setback. With the proposed sixteen (16) x
sixteen (16) foot sunroom addition, the rear yard setback would be forty five
point six (45.6) feet. The applicant is requesting a variance for rear yard
setback of four point four (4.4) feet.
Mr. Robert Randall of Tony V’s Sunrooms & Spas addressed the Board and answered
questions. He noted for the record the letter of approval received from the
Huntington Park Homeowners Association and forwarded a copy to Mr. Sturdy.
Mr. Sturdy reviewed the requirements, which must be considered in granting this
variance:
1) The structure cannot extend more than 10 feet into the 50-foot rear yard.
2) The rear yard must back to the rear yard of the adjoining residence and not
to a side yard.
3) The width of the structure does not exceed 40 % of the width of the portion
of the single-family structure.
4) The penetration into the rear yard is the only practical location for the
proposed addition.
5) The structure will be consistent and compatible with other houses in the
immediate area.
6) The proposed extension shall not have a substantial negative effect on the
open and expected vistas of the adjoining properties.
7) The rear yard setback is not less than 50 feet on account of the consent
judgement.
8) The proposed structure complies with other requirements of the ordinance.
Member of the Board felt the variance should be approved because sufficient
evidence was presented to demonstrate that the proposed variance meets all of
the guidelines and has the approval of their homeowners’ association.
Mr. Munfakh had questions regarding the exit door and steps on the sunroom
addition.
Moved by Mr. Sturdy, supported by Mr. Munfakh, to grant the requested 4.4-ft.
variance requested in Application No. 1377 for 11803 Landers Drive with the
notation that the steps be added to the plan.
Ayes all.
3. Application No. 1378 - Patricia & Dale Adams
9657 Tennyson
Plymouth, MI 48170
Location – Patricia & Dale Adams
9657 Tennyson
Plymouth, MI 48170
Tax I.D. #78053-01-0442-000
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 |
9657 Tennyson |
50 feet |
39 feet |
11 feet |
The applicant is requesting one variance:
1. The existing residential property has a rear yard setback of more than the
minimum fifty (50) foot rear yard setback. With the proposed seventeen (17) x
twenty (20) foot sunroom addition, the rear yard setback would be forty five
point six (45.6) feet. The applicant is requesting a variance for rear yard
setback of four point four (4.4) feet.
Mr. and Mrs. Adams addressed the Board and answered questions.
Mr. and Mrs. Adams were advised that the property dimensions were not clear and
were based on the mortgage survey, which might be inaccurate, as many are. The
Board felt a need for more information to make a proper decision.
Moved by Mr. Sturdy, supported by Mr. Munfakh, to table Application 1378 for a
variance at 9657 Tennyson for up to 60 days to allow the applicant to obtain
accurate dimensions.
Ayes all.
4. Application No. 1379 - Terry & Bridgette Campbell
9068 Corinne
Plymouth, MI 48170
Location – Terry & Bridgette Campbell
9068 Corinne
Plymouth, MI 48170
Tax I.D. #78059-02-0068-002
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 |
9068 Corinne |
50 feet |
47.3 feet |
2.7 feet |
The applicant is requesting one variance:
1. The existing residential property has a minimum rear yard setback of fifty
(50) feet. With the proposed new residential dwelling placement, adhering to the
required front yard setback, the dwelling would be in an awkward position in
relation to the other homes on the street. The applicant is requesting a
variance for rear yard setback of forty-seven, point three (47.3) feet.
Chief Building Official Lewis noted the confusing dimensions that change the
proposed minimum rear yard setback to 40 ft. rather than 47.3 ft. and the
variance required to 10 ft. rather than 2.7 ft.
Terry and Bridgette Campbell addressed the Board and answered questions.
The Board discussed various possibilities for compliance with the ordinance
criteria. It was noted that if the house was moved 3 feet forward, it would meet
ordinance criteria and not adversely affect neighboring homes.
Moved by Mr. Sturdy, supported by Mr. Jachym, to grant a 6.5-ft. variance for
the required rear yard setback for Application 1379 at 9068 Corinne, based on
information presented, to permit the proposal to go forward.
Ayes all.
5. Application No. 1380 – Tony V’s Sunrooms & Spas
20330 Hall Rd
Clinton Twp, MI 48038
Location – Bette & Carter Raymond
46535 Burning Tree Lane
Plymouth, MI 48170
Tax I.D. #78011-02-0015-000
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 (abutting Assoc. Property) |
Proposed
Minimum Rear Yard Setback |
Variance
Required |
| 1 |
20.1, Article XX |
46535 Burning Tree Lane |
40 feet |
27 feet |
13 feet |
The applicant is requesting one variance:
1. The existing residential property which abuts a park (association property)
has a minimum rear yard setback of forty (40) feet. With the proposed rear yard
addition, the rear yard setback would be twenty-seven (27) feet. The applicant
is requesting a variance for rear yard setback of thirteen (13) feet.
Mr. Randall of Tony V’s Sunrooms and Spas and Bette Raymond addressed the Board
and answered questions.
The Board discussed the practical difficulty regarding the shape of the lot and
the fact it borders wetlands on the south and east sides.
Information was presented indicating that the property is sited within a
Residential Unit Development located in an R-1-H district. Article 21 of the
Zoning Ordinance dealing with RUDs contains modified lot standards that are not
subject to the restrictions established in the schedule of regulations
established in Article 20, Section 20.1.
Moved by Mr. Sturdy, supported by Mr. Jachym, to grant the proposed 13-ft.
variance requested in Application 1380 at 46535 Burning Tree Lane.
Ayes all.
Moved by Mr. Munfakh, supported by Mr. Levengood, to adjourn the meeting.
Ayes all.
Meeting adjourned 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 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)-
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