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)-
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