Zoning Board of Appeals Minutes
May 5, 2005
Meeting called to order at 5:01 p.m. by Chairman Levengood.
MEMBERS PRESENT:
Harry Jachym
Gene Levengood
Ray Sturdy, Jr.
MEMBERS ABSENT:
Bob Doroshewitz, Excused
Jim Zdanek, Excused
OTHERS PRESENT:
Mark Lewis, Chief Building Official
Alice Geletzke, Recording Secretary
11 members of the public
ITEM NO. 1 - APPROVAL OF MINUTES
1. Regular Meeting – April 7, 2005
Moved by Mr. Jachym, supported by Mr. Sturdy, to approve the minutes of the
Regular Meeting of April 7, 2005, as presented.
Ayes all.
ITEM NO. 2 – NEW BUSINESS
1. Application No. 1392- Champion Window Co.
2434 Pontiac Rd
Auburn Hills, MI 48326
Location – Lyle & Gertrude Horsell
46289 Westbriar Ct
Plymouth, MI 48170
Tax I.D. #78056-01-0111-000
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 Sec. 20.1 (bb),
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 |
Article XX, Sec. 20.1 (bb) |
46289 Westbriar Ct |
50 feet |
35 feet |
15 feet |
The applicant is requesting one variance:
1. The existing residential property has a rear yard setback of
approximately fifty (50) feet. With the proposed residential dwelling addition,
the rear yard setback would be thirty five (35) feet. The applicant is
requesting a rear yard variance of fifteen (15) feet.
Mr. Ken Olderman of Champion Window Company addressed the Board and answered
questions.
Mr. Sturdy reviewed the request for compliance with the seven different
requirements listed in the Zoning Ordinance which must be met before variances
can be granted.
The Board felt all seven requirements were met. The lot was encumbered on three
sides with easements, there were no objections from neighbors, and there were
extraordinary circumstances because the lot was across from school property
which was on the other side of a township boundary road. The Board also
determined the usual 40-ft. limitation was not applicable at this location
because of the RUD character of the subdivision.
Moved by Mr. Jachym, supported by Mr. Levengood, to grant the 15-ft. variance
requested in Application 1392 for 46289 Westbriar Court in light of the matters
discussed regarding the property.
Ayes all.
2. Application No. 1393- Robert W. Kwasny
9482 Hillcrest Dr
Plymouth, MI 48170
Location – Joy Rd frontage
Plymouth, MI 48170
Tax I.D. #78048-99-0016-002
RE: Zoning Ordinance No 99, Article XX, Schedule of Regulations, R-1-E, R-1-H,
R-1-S, R-1. One Family Residential Districts Sec. 20.1 (cc), Minimum Lot Width –
150 feet.
| Variance No. |
Zoning Ordinance
Section/Standard |
Location |
Required Minimum Lot
Width |
Proposed Minimum Lot
Width |
Variance Required |
| 1 |
Article XX, Sec. 20.1 (cc) |
Joy Rd (between Ann Arbor
Rd & Ridge Rd) |
150 feet |
138.9 feet |
4.1 foot (per lot) |
The applicant is requesting one variance:
1. The existing residential property zoned R-1-E, has a minimum lot width of one
hundred fifty (150) feet. With the proposed property split and potential
re-zoning, the minimum lot width
would be one hundred thirty eight point nine (138.9) feet wide. The applicant is
requesting a minimum lot width variance of eleven point one (11.1) feet.
Mr. Robert Kwasny addressed the Board and answered questions. He indicated he
purchased the parcel in the 1970’s prior to the requirements for 150 ft. lot
width.
Building Official Lewis indicated the lots meet the square footage and depth
requirements and there are other lots in the area that are less then 150 ft. in
width.
Moved by Mr. Sturdy, supported by Mr. Jachym, to grant the 11.1 ft. per lot
variance requested in Application 1393, Robert W. Kwasny, enabling the
salability of two lots at 138.9 ft. in width.
Ayes all.
3. Application No. 1394- Tim & Kathy Yerdon
11439 Eastside Dr.
Plymouth, MI 48170
Location – Tim & Kathy Yerdon
11439 Eastside Dr
Plymouth, MI 48170
Tax I.D. #78060-01-0043-000
RE: Zoning Ordinance No 99, Article 20.1, Schedule of Regulations Amendments:
R-1-E, R-1-H, R-1-S, R-1. One Family Residential Districts Sec. 20.1, minimum
side yard setback – 5 feet; maximum lot coverage in percent – 7%; maximum
building height – 12 feet.
|
Variance No. |
Zoning
Ordinance Section/Standard |
Location
|
Minimum
Side Yard Setback |
Requested
Side Yard Setback |
Variance
Required |
| 1 |
Ord. 99,Article XX,
Sec. 20.1 (cc) |
11439 Eastside Dr
|
Five (5) feet |
One (1) foot, ten (10)
inches |
Three (3) feet, two
(2) inches |
| Variance No.
|
Zoning
Ordinance Section/Standard |
Location
|
Maximum
Allowed Lot Coverage (in percent) |
Requested
Lot Coverage (in percent) |
Variance
Required |
| 2 |
Ord. 99,Article XX, Sec. 20.1
(cc) |
11439 Eastside Dr |
Seven percent (7%) |
Ten point seven percent (10.7%)
|
Three point seven percent (3.7%) |
|
Variance No. |
Zoning
Ordinance Section/Standard |
Location
|
Maximum
Allowed Building Height |
Requested
Building Height |
Variance
Required |
| 3 |
Ord. 99,Article XX,
Sec. 20.1 |
11439 Eastside Dr
|
Twelve (12) feet
|
Twelve point one
(12.1) feet |
One tenth of a foot
(.1) |
The applicant is requesting three variances:
1. The existing detached garage has a side yard setback of one (1) foot, eight
(8) inches. With the proposed new detached garage, the side yard setback would
be one (1) foot, ten (10) inches. The applicant is requesting a side yard
variance of three (3) feet, two (2) inches.
2. The current maximum lot coverage for accessory structures is seven percent
(7%) of the total lot size. With the proposed new detached garage, the lot
coverage would exceed this required minimum. The applicant is requesting a lot
coverage variance of three point seven percent (3.7%) in total lot coverage.
3. The current maximum height for accessory structures is twelve (12) feet. With
the proposed new detached garage, the height for this accessory structure would
exceed this required maximum. The applicant is requesting a height variance of
one tenth of a foot (.1).
Mr. and Mrs. Yerdon addressed the Board and answered questions. They noted other
houses in the neighborhood were non-conforming with regard to side yard and
setback requirements.
The Board felt the requests met the criteria of the Zoning Ordinance.
Moved by Mr. Sturdy, supported by Mr. Jachym, to grant the following three
variances requested in Application 1394 at 11439 Eastside Drive: 3 ft. 2 in.
variance in side yard setback, 3.7% variance in maximum allowed lot coverage,
and .1 ft. variance in maximum allowed building height.
Ayes all.
4. Application No. 1395- Steve Hodges
9485 Marilyn
Plymouth, MI 48170
Location – Steve Hodges
9485 Marilyn
Plymouth, MI 48170
Tax I.D. #78065-01-0025-000
RE: Zoning Ordinance No 99, Article VI, One Family Residential Districts,
Amendments: R-1-E, R-1-H, R-1-S,& R-1.
| Variance No. |
Zoning Ordinance
Section/Standard |
Location |
Allowed Maximum Fence
Height |
Proposed Maximum Fence
Height |
Variance Required |
| 1 |
Ord. 99,Article VI |
9485 Marilyn |
4 feet |
6 feet |
2 feet |
The applicant is requesting one variance:
1. The existing residential property has an existing six (6) foot high fence.
The applicant is proposing to replace the fence with a new six (6) foot high
fence on the lot line. The applicant is requesting a two (2) foot variance in
fence height.
Mr. and Mrs. Steve Hodges addressed the Board and answered questions. They
indicated the current 6-ft. fence has been in existence for approximately 30
years.
The Board felt the request met Zoning Ordinance criteria.
Moved by Mr. Jachym, supported by Mr. Sturdy, to grant the 2-ft. fence height
variance requested in Application 1395 at 9485 Marilyn, with fence color as
discussed.
Ayes all.
Moved by Mr. Sturdy, supported by Mr. Jachym, to adjourn the meeting.
Ayes all.
Meeting adjourned at 5:47 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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