Zoning Board of Appeals Minutes
May 3, 2001

MEETING CALLED TO ORDER AT 5:00 P.M. BY CHAIRMAN STEINER

Members Present: Ronald Griffith

Gene Levengood

Donald Sprogell

Bill Steiner

Jim Zdanek

Others Present: Charles McIlhargey, Chief Building Official

Diane Leclair, Recording Secretary

Seven attendees in the audience

ITEM NO. 1 - APPROVAL OF MINUTES

Mr. Sprogell moved to approve the minutes of the Regular Meeting of April 5, 2001as submitted. Supported by Mr. Griffith. Ayes all.

ITEM NO. 2 – NEW BUSINESS

1. Application No. 1258 – Sytze Brouwers

13406 Andover Dr.

Plymouth, MI 48170

Location – Sytze Brouwers

13406 Andover Dr.

Plymouth, MI 48170

Tax I.D. #78-042-02-0042-000

RE: Zoning Ordinance No. 83, Article XXII Special Provisions, Sec. 23.5 Building Projections.

Outside stairways, fire escapes, fire towers, porches, platforms, balconies, decks, boiler flues and similar projections shall be considered as part of the building and therefore shall not extend into the minimum yard requirements except for the following:

3. Unenclosed and unroofed platforms, decks, terraces above grade, porches, steps, or other ground or first floor projections. In Residential Districts, such excepted projections may be permitted to extend into the required front yard no more than twelve (12) feet, provided said projection shall not be nearer than twenty (20) feet to the front property line. Further, such excepted projections may be permitted to extend into the required rear or required side yard provided such projections shall not be nearer than twenty (20) feet to a rear property line or nearer than four (4) feet to a side property line. Further, in each case where a projection into a yard area is proposed, the Chief Building Inspector shall refer such case to the Fire Chief for review to determine if the proposed projections alone, or in combination with other existing projections, shall result in a hindrance to servicing the building or buildings with fire protection equipment. If it is determined by the Fire Chief that such projections into the yard area shall present a hazard to public health, safety and welfare, said projections shall not be permitted.

The applicant is requesting one variance:

1. Required rear yard setback is (twenty) 20 feet, requesting a variance of 5.2 feet, reducing setback to 14.8 feet.

Mr. Sprogell moved to approve application 1258 for the variance requested, since the rear lot borders a large pond, which separates it from the neighbors. This is similar to variances that have been previously granted in this subdivision. Seconded by Mr. Levengood. Ayes all.

2. Application No. 1259 – Ronald J. Putala

13000 Beck Rd.

Plymouth, MI 48170

Location – Ronald J. Putala

13000 Beck Rd.

Plymouth, MI 48170

Tax I.D. #78-034-99-0020-000

RE: Zoning Ordinance No. 83. Article VI, R-1-E, R-1-H, R-1-S, R-1 One Family Residential Districts.

Sec. 6.4 Development Requirements:

(g) Accessory Buildings in Residential Districts:

(4) Detached garages and detached accessory buildings shall not exceed one (1) story or twelve (12) feet in height and combined shall not occupy more than seven (7) percent of the lot area and at the same time combined shall not exceed the total square-foot area of the residence, and when located on the rear one-quarter (1/4) of the lot, shall not be nearer than five (5) feet to any rear or side lot line, and when otherwise located shall conform to all requirements for side yards set forth in the requirements for each residential district, provided, that where the side yard abuts to the side street, such accessory structure shall not extend nearer to the side street lot line than the required building setback; provided, however, a private stable shall not be less than one hundred (100) feet from any residence. In no instance shall an accessory building be located within a dedicated easement or right-of-way.

Sec. 32.2 (15) Building Heights, pg 212.

H: HEIGHT OF BUILDING

RIDGE

EAVES

½

½

H

GABLE ROOF

The applicant is requesting one variance:

1. Required detached garage accessory building not to exceed twelve (12) feet in height, the proposed accessory building shall have a height of 18.75 defined by the zoning ordinance, requesting a variance of 6.75 feet for height.

Mr. Putala stated his reasons for the request. Due to the fact that the five-acre parcel is not a typical subdivision lot size, this variance will have little or no effect on neighboring property owners. The structure will be located behind the house and will be used to store recreational vehicles only. There will be no commercial use involved.

Mr. Griffith moved to approve application 1259 for the variance requested. Seconded by Mr. Zdanek. Ayes all.

3. Application No. 1260 – R & H Building

14225 Minehart

Plymouth, MI 48170

Location – George Forest

46077 Quail Ridge Dr.

Plymouth, MI 48170

Tax I.D. #78-053-02-0026-000

RE: Zoning Ordinance No. 83, Article VI R-1-E, R-1-H, R-1-S, R-1 One Family Residential Districts

Schedule of Regulations 16.1,z, minimum rear yard setback – 50 ft.

(z) The rear yard in an R-1-E, R-1-H, R-1-S and R-1, Single Family Resident District may be reduced after approval of the Zoning Board of Appeals finding that the following specific requirements have been made.

1. The single-family structure may not extend more than 10 feet into the required 50-foot rear yard.

2. The rear yard of the residence must back to the rear yard of the adjoining residence and not a side yard.

3. The width of the single family structure extending into the required 50-foot rear yard shall not exceed forty percent of the width of the portion of the single family structure, which must comply with the 50-foot setback.

4. The proposed penetration into the rear yard setback is the only practical location for the proposed addition.

5. The completed structure will be consistent and compatible with the other houses in the immediate area in overall size, construction, quality, and finish and aesthetic appearance.

6. The proposed extension into the rear yard shall not have a substantial negative impact on expected vistas for adjoining properties.

7. The rear yard setback otherwise required is not less than 50-foot, due to a consent judgment or other exceptions.

8. The proposed structure shall comply with all other requirements of the ordinance.

The existing residence is zoned R-1-S

The applicant is requesting one variance:

1. Required rear yard setback is (fifty) 50 feet, requesting a variance of maximum eight (8) feet, reducing the rear yard setback to forty-two (42) feet.

Mr. Hoff of R & H Building represented the homeowners for the variance requested. This request meets Ordinance 83, Article 16-1, footnote (z).

Mr. Sprogell moved to approve application 1260 for the variance requested. Seconded by Mr. Griffith. Ayes all.

4. Application No. 1261 – Gregory Nowak & Sherri Voran-Nowak

9685 Winterset Cir.

Plymouth, MI 48170

Location – Gregory Nowak & Sherri Voran-Nowak

9685 Winterset Cir.

Plymouth, MI 48170

Tax I.D. #78-050-02-0201-000

RE: Zoning Ordinance No. 83, Schedule of Regulations 16.1,z, minimum rear yard setback – 50 ft.

(z) The rear yard in an R-1-E, R-1-H, R-1-S and R-1, Single Family Resident District may be reduced after approval of the Zoning Board of Appeals finding that the following specific requirements have been made. The single-family structure may not extend more than 10 feet into the required 50-foot rear yard.

2. The rear yard of the residence must back to the rear yard of the adjoining residence and not a side yard.

3. The width of the single family structure extending into the required 50-foot rear yard shall not exceed forty percent of the width of the portion of the single family structure, which must comply with the 50-foot setback.

4. The proposed penetration into the rear yard setback is the only practical location for the proposed addition.

5. The completed structure will be consistent and compatible with the other houses in the immediate area in overall size, construction, quality, and finish and aesthetic appearance.

6. The proposed extension into the rear yard shall not have a substantial negative impact on expected vistas for adjoining properties.

7. The rear yard setback otherwise required is not less than 50-foot, due to a consent judgment or other exceptions.

8. The proposed structure shall comply with all other requirements of the ordinance.

Existing residence is zoned R-1-H

The applicant is requesting one variance:

The proposed primary residence has an approximate sixty three (63) feet, eight (8) inch rear yard setback, at the location of the proposed sunroom. With the proposed fifteen (15) feet x twenty two (22) feet, eight (8) inches sunroom addition, the proposed rear yard setback would be forty-eight (48) feet, eight (8) inches, requesting a variance of one (1) foot, four (4) inches.

Mr. Griffith moved to approve application 1261 for the variance requested, based upon Article 16.1, footnote (z). Seconded by Mr. Sprogell. Ayes all.

5. Application No. 1262 – Peggy Gerou

557 Blunk St.

Plymouth, MI 48170

Location - Marvin Mews

50725 Chestwick Ct..

Plymouth, MI 48170

Tax I.D. #78-042-01-0011-000

RE: Code of ordinances May 1, 1988, Chapter 29, Swimming Pools, 29.040 location and lot area.

29.040 Location and Lot Area

29.041 Homeowner’s Pool: A homeowner’s swimming pool may be erected in the side or rear yard, provided no part thereof shall approach nearer than 10 feet from the side or rear lot lines. No such pool or part thereof shall be installed within 50 feet of any street right-of-way line, except in the case of side streets, in which case such pool may not be within 25 feet of such side street. (Ord. 25, Sec.4.1, 1-11-66)

29.050 Clearances

Service drop conductors shall not be installed above the swimming pool or surrounding area extending 10 feet horizontally from the pool edge or diving structure, observation stands, tower or platforms. The nearest part of the pool water shall be not less than 3 feet horizontally to any underground sewer, water, electrical, telephone, gas or other pipes and conduits, except for parts of the swimming pool system (Ord. 25, Sec. 5, 1-11-66)

29.060 Fencing

29.061 Homeowner’s Pool

A homeowner’s swimming pool located in an R-1 zoning use district as defined by the Zoning Ordinance shall be completely enclosed by a fence of 5 feet in height constructed not closer than 5 feet nor further than 15 feet from the adjacent edge of the swimming pool water or by a 4 feet in height fence completely enclosing the yard as a whole in which the homeowner’s swimming pool is located and the fence shall be of the chain link type or other type approved by the Building Department and located in a position as approved by the Building Department. In all zoning use districts other than R-1, a homeowner’s swimming pool shall be completely enclosed by a fence of 5 feet in height constructed not closer than 5 feet nor further than 15 feet from the adjacent edge of the swimming pool water and of the chain link type or other type approved by the Building Department. All fence gates shall be locked when the property owner is away from the lot or when the swimming pool is not in use by the property owner, his family or guests. Notwithstanding any other provision of this Chapter, the requirements regarding fencing contained in this Section shall also apply to any portable swimming pool or container capable of being used for swimming, wading or bathing and holding 1,200 gallons or more of water at any point when filled to capacity. (Ord. 25, Sec. 6.1, 7-11-78)

The applicant is requesting two variances:

The Code of Ordinance requires a minimum ten (10) foot side yard setback; the proposed pool location would have only a six (6) foot side yard setback, requesting a variance of four (4) feet for side yard setback.

The Code of Ordinance requires a minimum ten (10) foot clearance between the pool’s edge and any structure, which can be used to dive or jump from. The proposed pool location would have only a six (6) foot clearance between the pool & primary residence, requesting a variance of four (4) feet for structure clearance.

Ms. Gerou’s brother, an attorney, accompanied Ms. Gerou and spoke regarding the variances requested. Safety issues discussed included using some type of barrier to prevent anyone from jumping into the pool from the deck and also from jumping out of any window into the pool without violating the fire code requirement of windows being a means of egress in case of fire. Mr. McIlhargey offered to assist the applicant in this matter.

Mr. Sprogell moved to approve application 1262 for the variances requested, subject to the applicant furnishing a design which satisfies Building Department safety regulations prior to approving a building permit. Seconded by Mr. Zdanek. Ayes all.

MOTION TO ADJOURN

It was moved by Mr. Sprogell and seconded by Mr. Levengood to adjourn the meeting at 5:30 p.m. Ayes all.

Respectfully submitted,

 

Don Sprogell, Secretary

Zoning Board of Appeals

Charter Township of Plymouth

NOTE: Upon granting a zoning variance, a building permit is required.

If denied, the applicant has five (5) business days to appeal.

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 Supervisor’s Office, Charter Township of Plymouth, 42350 Ann Arbor Road, Plymouth, Michigan, 48170, (734) 453-3840, TDD users: 1-800-649-3777 (Michigan Relay Service)-