Zoning Board of Appeals Minutes
October 4, 2001
MEETING CALLED TO ORDER AT 5:00 P.M. BY CHAIRMAN STEINER
Members Present: Ronald Griffith
Gene Levengood
Joe Bridgman
Bill Steiner
Jim Zdanek
ITEM NO. 1 - APPROVAL OF MINUTES
1. Regular Meeting September 6, 2001
Mr. Bridgman moved to approve the minutes of September 16, 2001
ZBA meeting, as submitted. Seconded by Mr. Griffith. Ayes all.
ITEM NO. 2 OLD BUSINESS
1. Application No. 1266 David & Elizabeth Janda
12400 Lighthouse Ct.
Plymouth, MI 48170
Location David & Elizabeth Janda
12400 Lighthouse Ct.
Plymouth, MI 48170
Tax I.D. #78-036-02-0055-000
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-H Zoning District
Front yard setback 35 feet minimum
Rear yard setback 50 feet minimum
Side yard abutting a street 35 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. 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.
The proposed structure shall comply with all other requirements
of the ordinance.
The applicant is requesting one variance:
The existing primary residence would have an approximate forty
nine (49) feet, ten (10) inch rear yard setback. At the location of the proposed
addition, with the proposed one thousand two hundred and one (1201) sq. foot two
story addition with garage, the proposed rear yard setback would be twenty one
(21) feet, four (4) inches, requesting a variance of twenty eight (28) feet,
eight (8) inches.
It was declared that this issue should not have been submitted
to the Zoning Board of Appeals for a variance. As noted in an interoffice
memorandum dated July 18, 2001 regarding corner lots. The applicant can use
either street side for setbacks. This practice has been the policy of Plymouth
Township Planning & Building since the early 70s.
Mr. Griffith moved that this item should go back to the Building
Department for review and approval. Seconded by Mr. Levengood. Ayes all.
ITEM NO. 3 NEW BUSINESS
2. Application No. 1284 James S. Bonadeo
8600 Ann Arbor Rd
Plymouth, MI 48170
Location Laura & Steven Tihanyi
13658 Burning Tree Lane
Plymouth, MI 48170
Lot #39 Portsmouth Crossing
RE: Zoning Ordinance No. 83. Article XVI, R-1-H, One Family
Residential District. Schedule of Regulations 16.1,z, minimum side yard setback
10 feet.
The applicant is requesting one variance:
The proposed primary residence zoned R-1-H requires a minimum
ten (10) feet side yard setback. Proposed residence would have a side yard
setback ranging from a minimum of three (3) feet ten (10) inches to a maximum of
seven (7) feet, eight & one half (8.5) inches, requesting a variance of six
(6) feet, two (2) inches to two (2) feet three & one half (3.5) inches.
Mr. Bonadeo stated he was unsure as to how this error occurred.
His engineer and excavator were questioned and claimed they had followed proper
procedure with this project. The contractor was present as well as the homeowner
who was reassured that this issue will not cause him future problems once the
variance has been granted.
Mr. Griffith moved to approve Application 1284 for the variance
requested. Seconded by Mr. Zdanek. Ayes all.
Application No. 1285 Accent Remodeling, Inc.
8424 N. Lilley Rd.
Canton, MI 48187
Location John & Linda Harris
46334 Wesford Ct.
Plymouth, MI 48170
Tax I.D. #78-036-04-0129-000
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.
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 applicant is requesting one variance:
The existing primary residence has an approximate fifty two (52)
feet, two & one half (2.5) inch rear yard setback, at the location of the
proposed addition. With the proposed twenty one (21) feet, six (6) inch x twenty
nine (29) feet, eight (8) inches, requesting a variance of twenty (20) feet,
three (3) inches.
Mr. Shubow, production manager of Accent Remodeling represented
the homeowners. A revised letter stating health reasons as the hardship for the
variance request was submitted. The Board firmly stated that their position
would only allow them to grant a minimum rear setback of 40 feet by law. It was
suggested the addition be re-designed to accommodate that setback distance. The
applicants did not want to change their request or re-design the addition. They
were then told the next step would be to appeal to the Circuit Court.
Mr. Griffith moved to deny Application 1285 for the variance
requested. Seconded by Mr. Levengood. Ayes all.
MOTION TO ADJOURN
It was moved by Mr. Griffith (?) and seconded by Mr. Levengood
(?) to adjourn the meeting at 5:45 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, 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 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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