Zoning Board of Appeals Minutes
January 4, 2001
CORRECTED COPY
MEETING CALLED TO ORDER AT 7:32 P.M. BY CHAIRMAN STEINER
MEMBERS PRESENT: Ronald Griffith
Donald Sprogell
Bill Steiner
Jim Zdanek
MEMBERS ABSENT: Gene Levengood
OTHERS PRESENT: Charles McIlhargey, Chief Building Official
Marilyn Cragel, Recording Secretary
ITEM NO. 1 - APPROVAL OF MINUTES
1. Regular Meeting November 2, 2000
Mr. Sprogell moved to approve the minutes of the November 2,
2000, as submitted. Seconded by Mr. Griffith. Ayes all.
ITEM NO. 2 NEW BUSINESS
Application No. 1248 Pulte Homes of Michigan
26622 Woodward Ave, Ste 110
Royal Oak, MI 48067
Location- Pulte Homes of Michigan
26622 Woodward Ave, Ste 110
Royal Oak, MI 48067
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 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 the open 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 applicant is requesting one variance:
The proposed primary residence zoned R-1-E, requires a minimum
rear yard setback combined 50 feet. It has a corner combined rear corner yard
setback of twenty six (26) feet, six (6) inches. Requesting a variance of twenty
three (23) feet, six (6) inches for the rear corner side setback.
Mr. Dennis Ouelletk and Mr. Michael Frost, Pulte Homes of
Michigan, addressed the Board and explained that the lot was misstaked by their
surveyor. The mistake went unnoticed until the house being built was 75%
complete hence the request for the variance. Mr. McIlhargey stated that the
surveyor from Plymouth Township did not do a resurvey, but took the measurements
from the stakes already in the ground.
Mr. McIlhargey apologized and said that he has had meetings with
the inspection team and assured the Zoning Board that they will follow the
correct procedures so this will not happen again.
Mr. Griffith stated that since this is an unusal shaped lot, he
wants to be assured that in the future, there will not be a request for a land
split to build another home on the vacant lot on the property.
Mr. Sprogell moved to grant the request for a variance to
Application 1248 due to the fact that this is an irregularly shaped large corner
lot and will incur no hardship to existing neighbors. Approval will be subject
to the Township Attorney working in conjunction with the Pulte representatives
to write a deed restriction to become a part of the adjacent lot 297 description
to prohibit any future land split which otherwise could give rise to a request
for a similar variance request. Seconded by Mr. Griffith. Ayes all.
ITEM NO. 3 OLD BUSINESS
Application No. 1244 Nextel Communications
27755 Stansbury
Farmington Hills, MI 48334
Location Rock Tool & Machine Properties
45145 Five Mile Rd
Plymouth, MI 48170
Tax I.D. # R78-014-99-0002-010
RE: Zoning Ordinance No. 83.
Zoning Ordinance No. 83.27 Amendment to Zoning Ordinance.
Section 2 PURPOSE The purpose of this Ordinance is to amend
those portions of Article 21 of the Zoning Ordinance of the Charter Township of
Plymouth which relate to the location, height, size, area and other aspects of
outdoor advertising signs and the location, height, and other aspects of
flagpoles. The authority to amend the Zoning Ordinance is provided by the
Township Rural Zoning Act, Act No. 184. Public Acts of 1943, as amended.
Section 3 AMENDMENTS The following sections of Article 21 of
the Charter Township of Plymouth Ordinance are amended as indicated:
Subsection 3.2 Section 21.3 (d) shall be amended by the
addition of a Subparagraph (4) stating as follows:
"The height of flagpoles shall conform to the height
restrictions set forth in Article 16 for buildings and structures. A
flagpole shall be deemed to be a structure under all of the provisions of
this Ordinance."
Article 16 Schedule of Regulations Zoning District
Industrial
Maximum Height of Building = thirty-five (35) feet.
In IND District the height of a building may be increased
one (1) foot for each five (5) feet by which such building is set back in
excess of seventy-five (75) feet from the property line.
Minimum front yard setback requirement = fifty (50) feet.
The applicant is requesting two variances:
The proposed one hundred (100) foot high flag pole with
telecommunication antennas would require a minimum front yard setback of four
hundred (400) feet from the property line.
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1 |
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feet - |
proposed flag pole height |
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3 |
5 |
feet - |
maximum height allowed |
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6 |
5 |
feet |
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x |
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5 |
feet - |
required setback increase per one foot height increase |
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3 |
2 |
5 |
feet |
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+ |
7 |
5 |
feet - |
required minimum setback from the property line for
additional height increase |
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4 |
0 |
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feet |
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1. The proposed front yard setback is fifty (50) feet from the
north front property line, requesting a variance of three hundred fifty (350)
feet front yard setback.
2. The proposed front yard setback is seventy (75) feet from
the west front property line, requesting a variance of three hundred twenty
five (325) feet front yard setback.
3. The proposed flagpole height is one hundred (100) feet,
zero (0) inches, requesting a variance of sixty-five (65) feet for height.
Michelle Sanders and Trisha Bhuyan, Nextel Communications,
addressed the Commission explaining the reason for their second appearance at
the Zoning Board.
Mr. McIlhargey stated that the Building Department recommends
that this application be denied and that it be further investigated by the
petitioner with the Planning Department and Building Department.
Mr. Sprogell moved to deny application 1244 due to the fact that
justification cannot be found under provisions that govern this Board and the
variances are self created and are so extreme that they should not be seriously
considered 350 north yard setback, variance of 65 in height, requesting a
variance of 325 from the west yard setback and other alternatives are
available. Seconded by Mr. Griffith. Ayes all.
Following the Boards discussion, Mr. Sprogell moved to change
the Zoning Board of Appeals meeting starting time from 7:30 p.m. to 5:00 p.m.,
effective February 1, 2001. Seconded by Mr. Griffith. Ayes all.
It was moved by Mr. Sprogell and supported by Mr. Griffith to
adjourn the meeting at 8:05 p.m. Ayes all.
Respectfully submitted,
Donald 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 Supervisors 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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