Zoning Board of Appeals Minutes
December 1, 2005
Meeting called to order at 5:02 p.m. by Chairman Levengood.
MEMBERS PRESENT:
Harry Jachym
Gene Levengood
Ray Sturdy, Jr.
Bob Doroshewitz
Jim Zdanek
MEMBERS ABSENT: None
OTHERS PRESENT:
Mark Lewis, Chief Building Official
Alice Geletzke, Recording Secretary
4 members of the public
ITEM NO. 1 - APPROVAL OF MINUTES
1. Regular Meeting – October 6, 2005
Moved by Mr. Jachym, supported by Mr. Zdanek, to approve the minutes of October
6, 2005, as presented.
Ayes all.
2. Regular Meeting Cancellation – November 3, 2005
ITEM NO. 2 – NEW BUSINESS
1. Application No. 1412- Karen C. Mueller
12232 Hillside
Plymouth, MI 48170
Location – Karen C. Mueller
46775 Ann Arbor Trail
Plymouth, MI 48170
Tax I.D. #78035-99-0005-000
RE: Zoning Ordinance No 99, Article 28, Special Provisions (Amendments) One
Family Residential Districts, Amendments: R-1-E, R-1-H, R-1-S, & R-1.
|
Variance No. |
Zoning Ordinance Section/Standard |
Location |
Required Dwelling Access |
Proposed Dwelling Access |
Variance Required |
| 1 |
Ord. 99, Article 28.2.3
& Ord. 99, Article 28.4.4 |
46775 Ann Arbor Tr.
|
Private Road |
Driveway with Easement
|
To allow access by way
of a Driveway with Easement vs.a Private Road |
The applicant is requesting one variance:
1. The above-mentioned residential property has an existing driveway. The
applicant is proposing access be considered with driveway with easement. The
applicant is requesting that dwelling access be allowed by way of a driveway
with an easement vs. a private road.
Mr. Levengood offered to recuse himself from voting on this application, having
worked with Ms. Mueller in the past. The Board felt that would not be necessary
because Mr. Levengood has no personal financial interest in the matter before
the Board.
Karen Mueller addressed the Board and explained that her request was submitted
to permit her to split her property into two lots, only one of which would abut
a dedicated roadway. The proposed variance, if granted, would permit the current
residence located on what would become the rear lot after the lot split to
access a dedicated roadway using the existing driveway and utility service
arrangements via a new 33 foot easement to be located along the westerly
property line of the new front lot. Access to the new front lot would be via a
new driveway located on the east side of the property. Ms. Mueller submitted
substantial written information in support of her request.
Mr. and Mrs. Joel Bradner, owners of the lot immediately east of the subject
property, submitted a letter dated October 28, 2005 supporting the requested
variance and explaining that the arrangements proposed would alleviate several
unfavorable circumstances unique to the property.
Glenn Wyscaver and Russ Heitman, residents of the area, appeared and presented
objections to the request. Their concerns centered on the necessity for the
Board to generally uphold township ordinances without variance, the need for
public safety, and possible water drainage problems that might result from
further construction on the subject property if the lot split were to be
permitted.
David Schuhardt, buyer of the property, appeared and spoke in favor of the
application.
Following substantial deliberation by the Board, it was moved by Mr. Sturdy and
supported by Mr. Jachym to grant the variance to allow access to the front
portion of the property via a new driveway on the east side of the property and
access to the rear portion of the property by way of a driveway with easement
vs. a private road at 46775 Ann Arbor Trail, as proposed in Application 1412,
subject to the following requirements:
1) That the proposed 33 foot easement along the westerly property line of the
new front lot explicity authorize access for municipal services, including
police and fire protection, waste collection, common carrier delivery services
and other public and private services which utilize heavy trucks and grant
rights-of-way for utilities such as gas, electric, water, sewer, and cable.
2) That the existing driveway currently located within the proposed 33 foot
easement for ingress and egress to the rear parcel be expanded to a 16-ft.
width, with a 2-ft. load bearing shoulder on each side with a surface of either
concrete, asphalt, gravel, or similar material capable of supporting an imposed
load of fire apparatus weighing at least 75,000 lbs.
AYES: Sturdy, Jachym, Levengood, Zdanek.
NAYS: Doroshewitz
Motion carried.
Moved by Mr. Doroshewitz, supported by Mr. Zdanek, 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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