Zoning Board of Appeals Minutes
June 1, 2006

Meeting called to order at 6:01 p.m. by Chairman Levengood.

MEMBERS PRESENT:

Gene Levengood
Harry Jachym
Ray Sturdy, Jr.
Jim Zdanek

MEMBERS ABSENT:

Bob Doroshewitz, Excused

OTHERS PRESENT:

Mark Lewis, Chief Building Official
Alice Geletzke, Recording Secretary
6 members of the public

ITEM NO. 1 - APPROVAL OF MINUTES

1. Regular Meeting –May 4, 2006

Moved by Mr. Jachym, supported by Mr. Zdanek, to approve the minutes of the Regular Meeting of May 4, 2006, as presented.

Ayes all.

ITEM NO. 2 – NEW BUSINESS

     1. Application No. 1420- David A. Sawulski
        41145 Russet
        Plymouth, MI 48170

        Location – David A. Sawulski
        41145 Russet
        Plymouth, MI 48170
        Tax I.D. #78-022-01-0221-000

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	41145 Russet	Four (4) feet	Six (6) feet	Two (2) feet

The applicant is requesting one variance:

1. The applicant is proposing a six (6) foot high fence in the rear yard. The required maximum height is four (4) feet. With the proposed variance, the applicant is requesting a variance of two (2) feet in fence height.

Mr. Sawulski addressed the Board and answered questions.

The Board discussed with him the unique circumstances existing because of the weekend visits of his autistic son and the proximity of the pit bull in the next-door neighbor’s yard. It was determined there was an existing 6-ft. fence at the rear of the property and Mr. Sawulski’s request was to install 6-ft. vinyl fencing at the two sides of the property. None of his neighbors had any objections to the installation of the fence at the 6-ft. height.

Mr. Sturdy indicated to Mr. Sawulski that any approval granted by the Zoning Board would be negated if any deed restrictions prohibited 6-ft. fences.

Mr. Levengood expressed reservations that approval in this case might be setting a precedent.

Moved by Mr. Sturdy, supported by Mr. Zdanek, to grant approval for a 2-ft. fence height variance, permitting a 6-ft. fence to be installed along both side lot lines, as requested in Application 1420, David A. Sawulski, at 41145 Russet, considering the unique circumstances. This action in no way protects against any subdivision restrictions.

AYES: Sturdy, Zdanek
NAYS: Jachym, Levengood

Motion defeated.

Moved by Mr. Jachym to grant a 2-ft. fence height variance to allow a 6-ft. fence to be installed on the west lot line for Application 1420, David Sawulski, 41145 Russet.

Mr. Sawulski asked if his application could be tabled until the entire Board is present.

Moved by Mr. Sturdy, supported by Mr. Zdanek, to table Application 1420, David Sawulski, 41145 Russet, request for 2-ft. fence height variance, for up to the August meeting.

Ayes all.

     2. Application No. 1421 Russell / Roseanne McBain
         45930 Ann Arbor Road
         Plymouth, MI 48170

         Location – Russell / Roseanne McBain
         45930 Ann Arbor Road
         Plymouth, MI 48170
         Tax I.D. #78-036-99-0005-000

RE: Zoning Ordinance No 99, Article VI, Schedule of Regulations Amendments: R-1-E, R-1-H, R-1-S, R-1. One Family Residential Districts Sec. 8.a.3.

Variance No.	Zoning Ordinance Section/Standard	Location	Maximum Building Height Allowed	Proposed Maximum Building Height	Variance Required
1	Ordinance 99,Article VI, Section 8.a.3	45930 Ann Arbor Road	12 feet	15 feet 6 inches	3 feet 6 inches

The applicant is requesting one variance:

1. The applicant is proposing a fifteen (15) foot, six (6) inch high accessory building. The required maximum building height is twelve (12) feet. With the proposed variance, the applicant is requesting a variance of three (3) feet, six (6) inches for building height.

Rick Ward of Richard Ward Builders addressed the Board and answered questions.

None of the neighbors had any objection to the building height variance. The lot is approximately 100 ft. by 500 ft.

Moved by Mr. Sturdy, supported by Mr. Jachym, to grant the request for building height variance in Application 1421, Russell/Roseanne McBain, 45930 Ann Arbor Road, to permit a building to be constructed per the drawings presented.

Ayes all.

     3. Application No. 1422- Joseph Bozynski
        47125 Burning Tree Lane
        Plymouth, MI 48170

        Location – Joseph Bozynski
        47125 Burning Tree Lane
        Plymouth, MI 48170
        Tax I.D. #78-011-01-0002-000;Tax I.D. #78-011-01-0003-000

RE: Zoning Ordinance No 99, Article 28, Schedule of Regulations Amendments: R-1-E, R-1-H, R-1-S, R-1. One Family Residential Districts Sec. 26.1, lot width.

Variance No.	Zoning Ordinance Section/Standard	Location	Required Minimum Lot Width in R-1-H Zone	Proposed Minimum Lot Width in R-1-H Zone	Variance Required
1	Ord. 99, Article 28 Section 26.1	47125 Burning Tree Lane	At least 80% of Platted Width	With division of 3 lots into 2 lots, width will be no less than 65% of Platted Width	15% less than the required minimum lot width

 

Variance No.	Zoning Ordinance Section/Standard	Location	Required	Proposed	Variance Required
2	Ord. 99, Article 28 Section 26.1	47125 Burning Tree Lane	Lot width no less than the average of the two adjacent side lots.	Lot width smaller than the average of the two adjacent side lots.	Less than the average of the two adjacent side lots.

The applicant is requesting two (2) variances:

1. The applicant is requesting to divide two existing lots into three lots that are smaller than the required 80% minimum platted lot width. With the proposed variance, applicant is requesting the three lots be 15% less than the required minimum platted lot width.

2. The applicant requesting to create lots with lot widths less than the average of the two (2) adjacent lots with frontage on the same side of the street.

Mr. Bozynski addressed the Board and answered questions.

The Board discussed changes in circumstances since the original subdivision was platted, with smaller lot sizes now nearby.


Moved by Mr. Sturdy, supported by Mr. Levengood, to grant the two variances requested in Application 1422, Joseph Bozynski, 47125 Burning Tree Lane.

Ayes all.

The Board discussed the July 6th meeting, it’s proximity to the 4th of July holiday, and the possibility that the date would be in the midst of the move to the new Township Hall with the Board Room and recording equipment not ready.

Moved by Mr. Jachym, supported by Mr. Levengood, to cancel the Zoning Board of Appeals Regular Meeting of July 6, 2006, with the next meeting to be held August 3, 2006.

Ayes all.

Moved by Mr. Sturdy, supported by Mr. Jachym, to adjourn the meeting.

Ayes all.

Meeting adjourned at 7:13 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)-