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)-