Zoning Board of Appeals Minutes
December 5, 2002

Meeting called to order at 5:20 p.m. by Chairman Steiner.

MEMBERS PRESENT:
Joe Bridgman
Ronald Griffith
Bill Steiner
Gene Levengood
Jim Zdanek

MEMBERS ABSENT: None

OTHERS PRESENT:
Mark Lewis, Chief Building Official
Alice Geletzke, Recording Secretary
20 members of the public

ITEM NO. 1 - APPROVAL OF MINUTES

    1. Regular Meeting – November 7, 2002

Moved by Mr. Bridgman, supported by Mr. Griffith, to approve the minutes of the Regular Meeting of November 7, 2002, as submitted. Ayes all.

ITEM NO. 2 – OLD BUSINESS

1. Application No. 1320 - Hassib Zahr
    6000 Reuter St.
    Dearborn, MI 48216

    Location – Hassib Zahr
    42395 Ann Arbor Rd
    Plymouth, MI 48170
    Tax I.D. #78-062-99-0009-000

RE: Zoning Ordinance No. 83, Article XXXIV, ARC (Ann Arbor Road Corridor) District. Sec. 34.2, 34.3, 34.4 ARC:

The applicant is requesting six variances:
 

Variance No.	Zoning Ordinance Section/Standard	Location	Requirement	Proposed	Variance Required
1	Section 34.2.3.v7 – Lot Frontage	Lilley Road & Ann Arbor Road	150 feet 150 feet	125 feet 116.1 feet	25 feet 33.9 feet
2	Section 34.2.3.v.7 – Lot Area		24,000 sq. feet	14,519 sq. ft.	9,481 sq. feet
3	Section 34.2.3.v.1 – SideYard	East property line	20 feet	6 feet	14 feet
4	Section 34.3.a.1 – Rear Yard	South property line	20 feet	0 feet	20 feet
5	Section 34.3.a.1 (footnote d.) – Street Side Yard	Lilley Road side	75 feet	59.5 feet	15.5 feet

Mr. Van Huntzberger, Architect, addressed the Board, answered questions, and presented site plan drawings. He noted that Item No. 6 which appeared on the agenda concerning the off-street parking spaces was not longer applicable.

Building Official Lewis noted that the Zoning Ordinance gives the Board of Appeals authority in terms or irregular, narrow or shallow lots and this lot with the pre-existing gas station on it is an extremely difficult site to upgrade.

Mr. Bridgman said the Planning Commission has approved the site plan, subject to the granting of the variances. They also felt it was a very difficult site to redevelop and, based on what the applicant is proposing, it will be a nice improvement to that corner.

Moved by Mr. Levengood, supported by Mr. Griffith, with regard to Application No. 1320, Hassib Zahr, 42395 Ann Arbor Road, to allow the variances as determined by the Planning Commission as acceptable to meet the accords of the Ann Arbor Corridor, due to the uniqueness of the lot. Ayes all.

2. Application No. 1323 - Marcello Scappaticci
    51000 N. Territorial Rd.
    Plymouth, MI 48170

    Location – Frederick E. Hebel
    49000 N. Territorial Rd.
    Plymouth, MI 48170
    Tax I.D. #78-007-01-0007-324

The applicant is requesting two variances:
 

Variance No.	Zoning Ordinance Section/Standard	Location	Requirement	Proposed	Variance Required
1	Section 16.1 – Lot Area		43,560 Sq. Ft.	32,670 Sq. Ft.	10,890 Sq. Ft.
2	Section 16.1 – Lot Width		150 ft.	121 ft. +-	29 ft. +-

Mr. Frederick Hebel, property owner, addressed the Board and answered questions. He noted the difficulty he’s had in selling his home on the lot as it is, and his pressing personal reasons for needing a timely sale.

John Schenk, Dale Mitchell, Sandy Grysko, and Michelle DeSantis, all adjacent property owners, presented their objections to the Board. They also stated only one property owner received notification of the meeting from the Township. Objections centered on being told at the time of purchase of their properties that there would be no further splits and the existence of private road agreements for Applecrest Drive.

It was also brought out that the Planning Commission had previously denied the land split.

Moved by Mr. Bridgman, supported by Mr. Levengood, to deny Application 1323, Marcello Scappaticci for Frederick E. Hebel, 49000 N. Territorial Road, based on not being consistent with the Master Plan and the creation of an additional non-conforming lot. Ayes all.

3. Application No. 1324 - Clark Home Improvement, Inc.
    922 Sheridan
    Ypsilanti, MI 48197

    Location – James Greenshields
    13055 Haverhill
    Plymouth, MI 48170
    Tax I.D. #78-033-02-0057-000

RE: Zoning Ordinance 83, Article XVI R-1-E, R-1-H, R-1-S and R-1. One Family Residential Districts Zoning District R-1-H, Article XVI SCHEDULE OF REGULATIONS:

Article VI Section 6.4.6.g.1 Accessory Buildings in Residential Districts

The applicant is requesting two variances:
 

Variance No.	Zoning Ordinance Section/Standard	Location	Requirement	Proposed	Variance Required
1	Section 16.1 – Lot Coverage		Max. 15%	27%+-	12%
2	Section 16.1 – Rear Yard Setback		Min. 50 ft.	15 ft.	35 ft.

Mr. James Greenshields and Mr. Art Butler, his attorney, addressed the Board and answered questions.

Mr. Butler stated they were reappearing this month because they didn’t feel the hardship was thoroughly understood.

Chairman Steiner stated the Board only had power to pass on the variances requested, and has no control or power over drainage hardships.

Mr. Bridgman noted, for the record, that two letters were received with the application. One was from Mr. and Mrs. Watkins who didn’t see any issues with the variances, and the second letter was from Mrs. Powers, who also had no objection.

Mr. Greenshields maintained that the rear yard setback requirement would only be 35 feet because his back yard abutted a side yard. However, Building Official Lewis said it made no difference if the rear of the lot faces the side of another home.

Mr. Levengood noted that threats of legal action by Mr. Greenshields had no effect on the limitations of the Board with regard to giving variances.

Moved by Mr. Levengood, supported by Mr. Griffith, to deny Application 1324, Clark Home Improvement for James Greenshields, 13055 Haverhill. Ayes all.

4. Application No. 1324 - LaBelle Management
    405 S. Mission
    Mt. Pleasant, MI 48858

    Location – Bennigan’s Restaurant
    40441 Ann Arbor Rd
    Plymouth, MI 48170
    Tax I.D. #78-033-02-0057-000

RE: Zoning Ordinance 83, Article XXXIV, Article XXXIV, ARC (Ann Arbor Rd District). Section 34.5.g.2b.7

The applicant is requesting two variances:
 

Variance No.	Zoning Ordinance Section/Standard	Location	Requirement	Proposed	Variance Required
1	Section 34.5.g.2b.7 – Sign Height	Ann Arbor Rd& Massey Dr	4.5 feet	8.0 feet	3.5 feet
2	Section 34.5.g.2b.7 – Sign Area	Ann Arbor Rd & Massey Dr	25 sq. ft.	33 sq. ft.	8 sq. ft.

Mr. Tim Wright of LaBelle Management addressed the Board and answered questions regarding the proposed directional sign, which would, by ordinance, would necessitate inclusion of all the businesses on a particular property.

Mr. Wright stated he had offered each of the properties that opportunity in letter form. Quality Inn declined and the other property is undeveloped. He wrote each of them a letter stating any time in the future, as long LaBelle Management has control, that they would have the opportunity to come onto the sign.

Moved by Mr. Levengood, supported by Mr. Griffith, to grant variances requested in Application No. 1324, LaBelle Management for Bennigan’s Restaurant, 40441 Ann Arbor Road. Ayes all.

Moved by Mr. Griffith, supported by Mr. Bridgman, to adjourn the meeting.

Meeting adjourned at 6:35 p.m.

Respectfully submitted,


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)-