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Zoning Board of Appeals Minutes
March 7, 2002
Meeting called to order at 5:02 p.m. by Chairman Steiner.
MEMBERS PRESENT:
Joe Bridgman
Ronald Griffith
Gene Levengood
Bill Steiner
MEMBERS ABSENT:
Jim Zdanek
OTHERS PRESENT:
Mark Lewis, Chief Building Official
Alice Geletzke, Recording Secretary
14 members of the public
ITEM NO. 1 - APPROVAL OF MINUTES
1. Special Meeting – February 21, 2002
Moved by Mr. Bridgman, seconded by Mr. Levengood to accept the
minutes of the Special Meeting of February 21, 2002, as corrected by the
addition of "Special Meeting." Ayes all, with Mr. Griffith abstaining. Motion
carried.
ITEM NO. 2 – NEW BUSINESS
1. Application No. 1297 – LaBelle Management
405 S. Mission
Mt. Pleasant, MI 48858
Location – Bennigan’s Restaurant
40441 Ann Arbor Rd
Plymouth, MI 48170
Tax I.D. #78-066-99-0001-002
RE: Zoning ordinance No. 83.87, Article 34 ARC – Ann Arbor Road
Corridor District
Sec. 34.10 Signs
Definitions
Pole sign: A ground sign that is mounted on a freestanding
pole(s) or other support(s) with a clear space of 8 feet or more between the
bottom of the sign face and the grade.
Signs Prohibited
Off-premises advertising signs
Any type of sign not expressly permitted.
Area, Height, Placement and Other Regulations for Permitted
Signs
Ground signs
On a premises with a street frontage of 200 feet or
greater, ground signs shall be setback a minimum of 10 feet, and shall
not exceed a maximum height of twelve (12) feet or maximum area of sixty
(60) square feet.
The Planning Commission shall review all ground sign
applications to assure compliance with the design, placement and
dimensional standards of this Article. The following design standards
shall apply :
Monument signs shall have brick or decorative masonry
block base that complements the materials and architecture of the
building. Signs shall harmonize with the Ann Arbor Road streetscape
materials.
The base of any ground sign shall be landscaped to
create a year round buffer for the sign.
Lettering style shall be clean and simple to assure
readability and shall be in harmony with the style of architecture of
the building. No more than two (2) different type styles shall be used
on each sign.
Wall signs
Projecting signs
Marquee signs
Window signs
Flags bearing the official design of a corporation or award
flags subject to the following:
Directional signs intended to assist vehicular traffic flow
subject to the following:
Menu and/or order board for a drive-thru facility subject to
the following:
Temporary construction signs subject to the following:
Nonconforming Signs
Any sign lawfully existing at the time of the adoption of
this amendment which does not fully comply with all provisions shall be
considered a legal nonconforming sign and may be permitted to remain as long
as the sign is properly maintained and not detrimental to the health, safety
and welfare of the community.
Continuance:
Nonconforming signs shall not:
be expanded or changed to another nonconforming sign;
be relocated, or altered so as to prolong the life of
the sign, or so as to change the shape, size, type, placement, or design
of the signs structural or basic parts;
be enhanced with any new feature including the addition
of illumination;
be repaired, except if such repair brings the sign into
conformance with this ordinance, if such repair involves any of the
following:
expense which exceeds fifty (50) percent of the sign’s
appraised value as determined by the designated municipal official;
necessitates the replacement of both the sign frame
and sign panels;
replacement of the signs primary support pole(s) or
other support structure;
for signs without framework for sign panels, requires
replacement of the sign panels;
be replaced
be re-established after the activity, business, or use
to which it related has been discontinued for ninety (90) days or
longer;
Permitted Modification:
The following modifications may be permitted:
a change solely in the wording of the copy; and
routine repair to maintain the sign in a safe and
aesthetic condition exactly as it existed at the time of the enactment
of this amendment.
The applicant is requesting one variance:
The existing pole sign is considered as a non-conforming sign
for the ARC zoned area, the applicant desires to expand this existing twenty six
(26) ft. height pole sign with a forty four point five (44.5) s.f. off-premise
advertising sign, below an existing sixty six point five (66.5) s.f. sign;
requesting a variance to expand an existing non-conforming pole sign and to
allow for an off-premise advertising sign.
Mr. Tim Wright of LaBelle Management spoke to the group and
answered questions. Mr. Bridgman presented the view of the Planning Commission.
Moved by Mr. Griffith, supported by Mr. Levengood, to approve
Application 1297 requesting a variance to expand an existing non-conforming pole
sign and to allow for an off-premise advertising sign. Ayes: Griffith, Levengood,
Steiner. Nays: Bridgman. Motion carried.
2. Application No. 1298 – Mr. Don Ray
45101 Brookside Ct.
Plymouth, MI 48170
Location – Mr. Don Ray
45101 Brookside Ct.
Plymouth, MI 48170
Tax I.D. #78-057-04-0286-000
RE: Zoning Ordinance No. 83, Article XVI R-1-E, R-1-H, R-1-S and
R-1 One Family Residential Districts. Schedule of Regulations 16.1, z, minimum
rear yard setback – 50 feet.
(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.
The rear yard of the residence must back to the rear yard of the
adjoining residence and not a side yard.
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.
The proposed penetration into the rear yard setback is the only
practical location for the proposed addition.
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.
The proposed extension into the rear yard shall not have a
substantial negative impact on expected vistas for adjoining properties.
The rear yard setback otherwise required is not less than
50-foot, due to a consent judgment or other exceptions.
The proposed structure shall comply with all other requirements
of the ordinance.
The applicant is requesting one variance:
The existing primary R-1-S residence has an approximate fifty
(50) feet rear yard setback, at the location of the proposed addition. With the
proposed twenty two (22) feet, six (6) inch wide x four (4) feet, zero (0) inch
deep addition, the proposed rear yard setback would be forty six (46) feet, zero
(0) inches, requesting a variance of four (4) feet, zero (0) inches.
Mr. Joe Phillips represented Mr. Ray and addressed the Board.
Since it is possible for the property owner to request additional variance, it
was requested the matter be tabled.
Moved by Mr. Bridgman, supported by Mr. Levengood, to table
Application 1298 for up to 60 days. Ayes all.
3. Application No. 1299 – DeMattia Group
James Capo
45501 Helm St.
Plymouth, MI 48170
Location – New Morning School
14501 Haggerty Rd.
Plymouth, MI 48170
Tax I.D. #78-008-01-0007-000
RE: Zoning Ordinance No 83, Article XVI Schedule of Regulations,
Zoning District R-1 One Family Residential District
|
Zoning District |
Maximum Lot Coverage
in Percent |
Minimum Yard Requirements
in Feet |
Non-Residential Uses |
|
|
|
Front |
Sides |
Rear |
Side Yard Abutting a Street |
Rear Yard Abutting Side Lot Line |
Side Yards |
|
|
|
|
Min. |
Total of Two |
|
|
|
|
|
R-1 |
25 |
25 |
5 |
(w)
16 |
50 |
25 |
(g) |
(h)
25 |
Sec. 16.2 notes to Schedule of Regulations Article XVI:
On every parcel which is erected a principal building or
structure for non-dwelling purposes, such structure, other than their
accessory building, shall have a side yard on each side of such parcel, and
each such side yard shall not be less than twenty-five (25) feet with an
increase of one (1) foot in width for each five (5) feet or part thereof
which the said principal building or structure exceeds thirty-five (35) feet
in over-all dimensions along the side yard and also an additional one (1)
foot for each two (2) feet in height in excess of thirty-five (35) feet.
Article XX Parking Requirements, layout, standards and
off-street loading and unloading pi
Sec. 20.2 Requirements for the development, maintenance and
layout of parking facilities:
13. Plans for the layout and striping of off-street parking lots
shall comply with the following minimum requirements:
|
Parking Pattern |
Maneuvering Lane Width |
Parking Space Width |
Parking Space Length |
Total Width of One Tier of Spaces Plus Maneuvering Lane |
Total Width of Two Tiers of Spaces Plus Maneuvering Lane |
|
0° (parallel parking) |
12 feet |
9 feet |
23 feet |
21 feet |
30 feet |
The applicant is requesting three variances:
With the proposed one hundred twenty two (122) feet long x eight
one (81) feet nine (9) inch wide addition, the total building would be two
hundred forty one (241) feet long.
Side Yard Setbacks:
241’. 0" along the side yard – 35’. 0" (allow in Sec. 16.2.h) =
206’. 0" ÷ 5 ft. = 41’. 0" + 25’. 0" (required in Sec. 16.2.h)
66’. 0" required side yard setback per side per ordinance.
Requesting a north side yard setback variance of twenty two
(22) ft. zero (0) inches.
Requesting a south side yard setback variance of forty four
(44) ft. five (5) inches.
Parking Lot Space Width:
Providing parking spaces 10’ in width rather than 9’ in width
would reduce the total number of spaces, present practical difficulties and
hardship for the project’s expansion.
3. Requesting a variance of one (1) foot in width for the
approximate 61 parking spaces at the New Morning School.
Mr. James Capo of DeMattia Group addressed the Board and
answered questions. Mr. Roger Nicholson, 40767 Breckenridge, the property owner
adjacent to the school, registered his objections; and Mr. Anthony Wisniewski
noted the opposition of Mr. Daken who is also an adjacent property owner who was
unable to attend the meeting.
Moved by Mr. Bridgman, supported by Mr. Levengood, to grant
Application 1299 for a north side yard setback variance of twenty two (22) ft.
zero (0) inches, a south side yard setback variance of forty four (44) ft. five
(5) inches, and a variance of one (1) foot in width for the approximate 61
parking spaces at the New Morning School. Ayes all.
Moved by Mr. Bridgman, seconded by Mr. Griffith, to adjourn the
meeting at 5:40 p.m.
Ayes, all.
Respectfully submitted,
Joe Bridgman
Joe Bridgman, 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 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)-
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