Zoning Board of Appeals Minutes
September 6, 2001
MEETING CALLED TO ORDER AT 5:00 P.M. BY CHAIRMAN STEINER
Members Present: Joe Bridgman
Ronald Griffith
Gene Levengood
Bill Steiner
Jim Zdanek
Others Present: Charles McIlhargey
Diane Leclair
Six attendees in the audience
ITEM NO. 1 - APPROVAL OF MINUTES
Regular Meeting August 2, 2001
Mr. Bridgman moved to approve the minutes of the August 2, 2001
ZBA meeting, as submitted. Seconded by Mr. Levengood.
Ayes all.
ITEM NO. 2 OLD BUSINESS
Application No. 1280 Larry Duty
9278 Corinne
Plymouth, MI 48170
Location Larry Duty
9430 Oakview, lot #262
Plymouth, MI 48170
Tax I.D. #78-059-03-0262-000
RE: Zoning Ordinance No. 83, Article XVI Schedule of
Regulations, Zoning District R-1 One Family Residential District
Minimum Lot Area 7,200 sq. ft.
Minimum Width of Lot 60 ft.
Minimum Side Yard Setback 5 ft., Total of two = 16 ft.
The applicant is requesting three variances:
The existing lot has an area of five thousand nine hundred
seventy six (5976) sq. ft.
Applicant is requesting a variance of the required minimum lot
area of 1224 sq. ft.
The existing lot has a width of 49.78 ft. to 49.95 ft. from
front to rear property lines.
2. Applicant is requesting a variance of the required
minimum width of lot of 10.22 ft. to 10.05 ft. front to rear property lines.
3. Applicant is requesting a variance of the required total of
two side yard setbacks, of .22 ft., for a total of 15.78 ft.
Larry Duty addressed the Board regarding his requested
variances. It was determined that the hardship in this case was due in part to
the way the land was originally platted in that area. Mr. Levengood moved to
approve Application 1280 for the variances as requested. Seconded by Mr.
Griffith. Ayes all.
ITEM NO. 3 NEW BUSINESS
1. Application No. 1282 Robert Bulmer
50955 N. Territorial Rd
Plymouth, MI 48170
Location Robert Bulmer
50955 N. Territorial Rd
Plymouth, MI 48170
Tax I.D. #78-042-99-0006-000
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 Article 16 R-1 Zoning District
Front yard setback 30 feet minimum
ARTICLE VI:
R-1-E, R-1-H, R-1-S, R-1 One Family Residential Districts
Purpose:
These residential districts are designed to ensure that the
development of the designated areas proceeds in a manner consistent with the
existing and desired residential character of the Township. The four (4) One
Family Residential Districts are differentiated, among other factors, by
densities and yard requirements as established in Article 16, Schedule of
Regulations in order to provide a reasonable balance and variety of single
family living environments.
SEC. 6.4 Development Requirements:
The following requirements shall be provided within a One Family
Residential District (R-1-E, R-1-H, R-1-S, R-1):
Site Plan and development approval for all conditional or
special land uses as specified in Article 24 of this Ordinance.
Fences:
In all One Family Residential Districts the following shall
apply in regards to fencing:
Protective or Security Fencing
Protective or Security fencing shall be considered a
structure enclosing a piece of land or separating contiguous lands
either in whole or in part serving the purpose of preventing intrusion
onto or across a lot of record or any parcel or tract of unplatted land
from without or straying from within. The following shall govern the
height, location and placement of protective or security fencing:
Interior Lots. Placement: Fencing may be placed along
the lot lines except that no fence shall be built closer to the street
than the front setback line applicable to the premises pursuant to the
Schedule of Regulations (Article 16), provided no fence shall be built
closer to the street than the established front building line along
said street or in front of the building closest to the street on the
fenced premise. The exceptions to this, however, shall be where a lot
backs or sides to a major thoroughfare with an ultimate right-of-way
of 120 feet.
The applicant is requesting one variance:
The proposed protective fencing shall be built to thirty two
(32) ft. of the front property line on the west side property line, one hundred
twenty seven (127) ft. of the front property line on the east side of the
property line. It is difficult to establish the front building line along said
street in front of the building by the unscaled plot plan provided,
requesting variance of allowing the protective fence be built closer to the
street than the established front building line by approx. one hundred twenty
five (125) feet.
Mr. & Mrs. Bulmer were both present to explain their requested
variance for fencing to protect their property, which is surrounded by a
subdivision. It was pointed out that front yard fencing as requested is against
Township Ordinance 83, also there was no apparent hardship in this case and
other options were suggested. A berm could be built up, or trees & shrubs to
border the area or a combination of a berm and planting materials. Mr. Levengood
moved to deny application 1282. Seconded by Mr. Bridgman. Ayes all.
2. Application No. 1283 Vito P. Laudicina
1655 E. Auburn Rd.
Rochester Hills, MI 48307
Location Curt & Sharon Nicholas
15200 Bradner Rd
Plymouth, MI 48170
Tax I.D. #78-017-01-0008-001
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 Article 16 R-1 Zoning District.
Front yard setback 30 feet minimum
Rear yard setback 50 feet minimum
(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 existing primary residence has an approximate fifty seven
(57) feet, five (5) inch rear yard setback. At the location of the proposed
addition, with the proposed twelve (12) ft x twelve ft sunroom addition, the
proposed rear yard setback would be forty five (45) feet, five (5) inches,
requesting a variance of four(4) feet, seven (7) inches.
Mr. & Mrs. Nicholas presented their request to the Board. This
request was determined to be well within the acceptable 40% of the width of the
portion of the single family structure and the ten (10) foot encroachment into
the rear yard fifty (50) foot setback. Also the completed structure will be
consistent and compatible with the material of the current house. Mr. Griffith
moved to approve application 1283. Seconded by Mr. Bridgman. Ayes all.
MOTION TO ADJOURN
It was moved by Mr. Bridgman and seconded by Mr. Levengood to
adjourn the meeting at 5:25 p.m. Ayes all.
Respectfully Submitted,
Joe Bridgman, Secretary
Zoning Board of Appeals
NOTE: Upon granting a zoning variance, a building permit is
required.
If denied, you 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 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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