Zoning Board of Appeals Minutes
August 3, 2006
Meeting called to order at 6:05 p.m. by Chairman Levengood.
MEMBERS PRESENT:
Bob Doroshewitz
Harry Jachym
Gene Levengood
Ray Sturdy, Jr.
Jim Zdanek
MEMBERS ABSENT:
None
OTHERS PRESENT:
Mark Lewis, Chief Building Official
Alice Geletzke, Recording Secretary
14 members of the public
ITEM NO. 1 - APPROVAL OF MINUTES
1. Regular Meeting –June 1, 2006
Moved by Mr. Jachym, supported by Mr. Levengood, to approve the minutes of the
regular meeting of June 1, 2006, as presented.
Ayes all.
ITEM NO. 2 – OLD BUSINESS
Tabled from June 1, 2006
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.
The Board reviewed circumstances of the request which involved protecting Mr.
Sawulski’s autistic child from dogs in the neighborhood, including a pit bull,
during his visits. Mr. Sawulski noted his adjacent neighbors on both sides have
no objections to the erection of the six-foot fence, and the rear of the lot has
an existing six-foot fence.
Mr. Levengood and Mr. Jachym voiced their objections to the variance, both
feeling it would be setting a precedent.
Mr. Doroshewitz, Mr. Sturdy, and Mr. Zdanek were in favor of granting the
variance for protection and because adjacent neighbors have no objection.
Moved by Mr. Doroshewitz, supported by Mr. Sturdy, to approve the two-foot fence
height variance for both sides of the lot as requested in Application 1420,
David A. Sawulski, 41145 Russet.
AYES: Doroshewitz, Sturdy, Zdanek
NAYS: Jachym, Levengood
Motion carried.
2. Application No. 1423 – Susan R. Dostie
41146 Russet
Plymouth, MI 48170
Location – Susan R. Dostie
41146 Russet
Plymouth, MI 48170
Tax I.D. #78-022-01-0204-000
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 |
41146 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.
Susan Dostie addressed the Board, presented photographs, and answered questions,
indicating the request involves placement of a privacy fence screening the
patio, rather than enclosing the yard. Three abutting neighbors agree to the
variance.
Moved by Mr. Sturdy, supported by Mr. Levengood, to grant the variance requested
in Application 1423, Susan R. Dostie, 41146 Russet, as a provision of Section
6.48 (f), 1(c)3 as a variance from the privacy screening fence dimensional
requirements.
Ayes all.
3. Application No. 1424 – Jeff & Diana Deal
9275 McClumpha
Plymouth, MI 48170
Location – Jeff & Diana Deal
9275 McClumpha
Plymouth, MI 48170
Tax I.D. #78-055-99-0010-701
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 |
9275 McClumpha |
12 feet |
16 feet 1 inch |
4 feet 1 inch |
The applicant is requesting one variance:
1. The applicant is proposing a sixteen (16) foot, one (1) inch high accessory
building. The required maximum building height is twelve (12) feet. With the
proposed variance, the applicant is requesting a variance of four (4) feet, one
(1) inch for building height.
Diana Deal addressed the Board and answered questions. She presented pictures of
the historic house which showed how the higher garage would fit in better with
the existing structures. There are no other houses in close proximity.
Moved by Mr. Sturdy, supported by Mr. Jachym, to grant the 4’1” building height
variance requested in Application 1424, Jeff & Diana Deal, 9275 McClumpha.
Ayes all.
4. Application No. 1425 – Don & Laurie Pocock
45775 Turtlehead
Plymouth, MI 48170
Location – Don & Laurie Pocock
45775 Turtlehead
Plymouth, MI 48170
Tax I.D. #78-053-01-0425-000
RE: Zoning Ordinance No 99, ArticleXX, Schedule of Regulations Amendments:
R-1-E, R-1-H, R-1-S, R-1. One Family Residential Districts Sec. 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 |
Ord. 99, Article VI |
45775 Turtlehead |
50 feet |
45 feet |
5 feet |
The applicant is requesting one variance:
1. The applicant is proposing to build a 14’ x 16’ gable style enclosure to be
used for recreational use. The existing residential property has a rear yard
setback of more than the minimum fifty (50) foot rear yard setback. With the
proposed fourteen (14) x sixteen (16) enclosure, the rear yard setback would be
five (5) feet.
Mr. Pocock and Sue Tone of the enclosure company addressed the Board, presented
photographs, and answered questions.
Mr. Sturdy felt the request meets all the necessary requirements for granting
variance.
Moved by Mr. Sturdy, supported by Mr. Jachym, to approve the 5-foot minimum rear
yard setback variance requested in Application 1425, Don & Laurie Pocock, 45775
Turtlehead.
Ayes all.
5. Application No. 1426 - John & Mary Ann MacLaren
44471 Marc Trail
Plymouth, MI 48170
Location – John & Mary Ann MacLaren
44471 Marc Trail
Plymouth, MI 48170
R78-058-01-0055-000
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 Rear Yard
Setback |
Proposed Minimum Rear Yard
Setback |
Variance Required |
| 1 |
Ord. 99, Article VI |
44471 Marc Trail |
50 feet |
37 feet 4 inches |
13 feet 8 inches |
The applicant is requesting one variance:
Due to extenuating circumstances including several as the result of a recent
fire, the applicant is requesting a rear yard variance of thirteen (13) feet,
eight (8) inches. (See Attached).
Dave Donnellon, planner and architect, addressed the Board on behalf of the
applicants, indicating they wished to rebuild on the existing foundation.
The Board noted their ordinance limitations in granting only a 10-foot variance
in minimum rear yard setbacks and discussed the possibility of the Board of
Trustees amending the ordinance very soon.
The adjacent neighbors indicated to the Board they have no objections to the
variance.
Mr. Donnellon asked that the Board continue the meeting and return to their
request after discussion of the remaining application to allow for discussion
with his clients.
6. Application No. 1427- Gerald Ash
43944 Joy Rd
Plymouth, MI 48170
Location – Gerald Ash
43944 Joy Road
Plymouth, MI 48170
Tax I.D. #78-059-03-0220-302
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 |
43944 Joy Rd |
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 on the west side yard of
this corner lot. 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. and Mrs. Ash addressed the Board and answered questions. They indicated
their only yard is to the west side of the property, rather than at the rear.
Their two neighbors have no objections to the fence.
Mr. Sturdy noted the exceptional circumstances in the lot’s unusual size and
living at the township boundary.
Moved by Mr. Doroshewitz, supported by Mr. Sturdy, to approve the two-foot fence
height variance requested in Application 1427, Gerald Ash, 43944 Joy Road, to
permit construction of the privacy screen fence with notification to include a
three-foot minimum setback from the front face of the home.
Ayes all.
The Board then returned to consideration of Application 1426, John & Mary
Ann MacLaren, 44471 Marc Trail.
Mr Sturdy asked Mr. Donnellon to present any recommendations he might have for
wording the ordinance amendment to Building Official Lewis for submission to the
Planning Commission prior to their next meeting.
Mr. Doroshewitz indicated he would contact the Township Attorney to see what
relief the Board of Trustees might be able to provide in this case, without
legal liability for the Township.
Moved by Mr. Sturdy, supported by Mr. Jachym, to grant the authority requested
in Application 1426, John & Mary Ann MacLaren, 44471 Marc Trail, within the
authorized powers of the Zoning Board to Appeals for a proposed variance of 10
feet from the requirement of 50 feet, for the minimum rear yard setback of 40
feet; and, in addition, table this matter for further consideration of
additional relief for up to 90 days.
Ayes all.
Moved by Mr. Doroshewitz, supported by Mr. Sturdy, to adjourn the meeting.
Meeting adjourned at 7:35 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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