Zoning Board of Appeals Minutes
December 5, 2001
Meeting called to order at 5:06 p.m. by Chairman Steiner.
MEMBERS PRESENT: Joe Bridgman
Ronald Griffith
Gene Levengood
Bill Steiner
MEMBERS ABSENT: Jim Zdanek
OTHERS PRESENT: Dennis Robare, Plan Reviewer
16 attendees in the audience
Alice Geletzke, Recording Secretary
ITEM NO. 1 -- APPROVAL OF MINUTES
1. Regular Meeting - November 8, 2001
Mr. Bridgman moved to approve the minutes of the Regular Meeting
of November 8, 2001, as submitted. Supported by Mr. Griffith. Ayes all.
ITEM NO. 2 – OLD BUSINESS
Application No. 1290 – 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.
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 two (22) feet, four (4) inch deep x
thirty nine (39) feet, zero (0) inch long addition, the proposed rear yard
setback would be forty (40) feet, zero (0) inches, requesting a variance of
ten (10) feet, zero (0) inches.
Mr. Mark Shubow of Accent Remodeling and Mr. and Mrs. Harris
addressed the board regarding the proposed change. Mr. Robare commented that the
revised drawings did now comply with Item 3. Mr. Bridgman said he would like to
see that the building materials be consistent with the present structure, and
that the brick go up to window level all the way around.
Mr. Bridgman moved that the 10 ft. reduction in rear variance be
approved, but that the plans be as submitted with the brick up to the base of
the window line. If they do install a bay window in place of the existing large
window, then brick would not be required at the bay window, but the rest of the
brick line to the base of the windows would be required. Supported by Mr.
Levengood. Ayes all.
ITEM NO. 3 – NEW BUSINESS
Application No. 1291 - Janice M. Kovacich
43936 Joy Rd
Plymouth, MI 48170
Location – Janice M. Kovacich
43936 Joy Rd
Plymouth, MI 48170
Tax I.D. #78-059-03-0220-000
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 two variances:
With the proposed landsplit of lots 220 –222 for Parcel "A" and
lots 223 – 225 for Parcel "B", the existing house on Parcel "A" would have side
yard setbacks of five point six (5.6) feet on the east side yard and one point
eight (1.8) feet on the west side yard.
The applicant is requesting a variance for the minimum side
yard setback of five feet minimum; of three point two (3.2) feet for the west
side yard.
The applicant is requesting a variance for the total of two
side yard setbacks of 16 feet; of eight point six (8.6) feet for the total of
two side yard setbacks.
Ms. Kovacich addressed the board regarding her request. Has
three 20-ft. lots for sale, leaving the possibility of only 6.8 ft. between two
houses, which would be insufficient for safety accessibility. This also leaves
the possibility of only 1.8 ft. between fencing and one house.
Moved by Mr. Griffith, supported by Mr. Levengood that the
request be denied and the applicant be advised to request a landsplit to add
three more feet to Lot 223 to provide for increased accessibility which would
still leave enough space for building on the remainder of the lots, though
leaving both lots non-conforming. Ayes all.
Application No. 1292 – LaBelle Management (Bennigan’s)
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
Any type of sign not expressly permitted.
Area, Height, Placement and Other Regulations for Permitted
Signs
Ground signs
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:
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 sign;
requesting a variance to expand an
existing non-conforming pole sign.
Mr. Brad Hanson addressed the board regarding the request to add
a Bennigan’s sign to the non-conforming Steak & Ale sign, which would increase
visibility from the road for the Bennigan’s location behind Steak & Ale.
Moved by Mr. Griffith, supported by Mr. Levengood to deny the
request, referring it back to the Planning Commission with the recommendation
that the sign not exceed the width of the Steak & Ale sign, 11 ft. wide. Ayes
all.
Application No. 1293 – Paul David Robinson
45952 Concord
Plymouth, MI 48170
Location – Paul David & Carolyn Robinson
45952 Concord
Plymouth, MI 48170
Tax I.D. #78-036-04-0058-000
RE: Zoning Ordinance No. 83, Article VI, R-1-E, R-1-H, R-1-S,
and R-1 One Family Residential Districts. Section 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):
The following specific requirements shall apply within a One
Family Residential District (R-1-E, R-1-H, R-1-S, R-1):
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:
Permit Required. In all single Family /Residential
Districts it shall be unlawful for any person to build, repair or
relocate a protective or security fence without first having secured a
fence permit therefore from the Department of Building and code
Enforcement.
Maximum Height. The maximum height of protective
or security fence shall be four (4) feet unless otherwise required by
the Planning Commission as part of conditional use and/or site plan
approval.
Material. Fences shall be reasonably sound in the
judgment of the Department of Building and Code Enforcement. Fences
shall not be made of or contain barbed wire, electric current or
charges of electricity or sharp or pointed projections of any kind;
provided if such fence is constructed of pickets, the pickets shall be
made of not less than 1 inch by 3 inch material and shall have an
angle at the top of not less than 90
degrees. The fence shall comply with the requirements
of the building code. Plastic or other type of strips intertwined in
cyclone fencing shall be prohibited.
Interior Lots. Placement: Fencing may be placed
along the lot lines except that no fence 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. Where this occurs, the following shall apply:
Maximum Height – four (4) feet unless otherwise
required by the Planning Commission as part of Conditional Use and/r
Site Plan Approval.
Material – Fences shall not be constructed of
old or used material unless such material shall be reasonably sound
in judgment of the Department of Building and Code Enforcement.
Fences shall not be made of or contain barbed wire, electric current
or charges of electricity or sharp or pointed projections of any
kind; provided if such fence is constructed of pickets, the pickets
shall be made of not less than 1 inch by 3 inch material and shall
have an angle at the top of not less than 90 degrees. The fence
shall comply with the requirements of the building code. Plastic or
other type of strips intertwined in cyclone fencing shall be
prohibited. Where the property owner chooses to establish a
landscape fence, no limitation on height shall be imposed provided
that said plantings will not result in safety hazard for pedestrian
and motor vehicles and passengers.
Placement. The fence may be located within three
(3) ft. of the street setback line for the major thoroughfare
without regards to the established building line for the
thoroughfare without regards to the established building line for
the thoroughfare provided that some form of landscaping is provided
between the fence and the proposed sidewalk area and that said
location shall not constitute a safety hazard for pedestrian and/or
motor vehicles and their passengers.
The applicant is requesting one variance:
Maximum height allowed of four feet. The applicant is requesting
a five-foot fence along rear and side property lines of the lot, requesting a
one-foot variance for height of a protective or security fence.
Mr. and Mrs. Robinson represented themselves with regard to
their request, commenting that the fence was not to be on the property line. Its
purpose was for the safety of their Autistic children in the back yard. Though
several of their neighbors objected to the installation of a fence in the
neighborhood, it was determined that a 5-ft. pool fence would be permitted.
Mr. Bridgman moved, with Mr. Griffith’s support, that the
request be tabled up for up to 60 days. Ayes all.
4 Application No. 1294 – Linda M. Zukowski
48750 W. Normandy Ct.
Plymouth, MI 48170
Location – Linda M. Zukowski
48750 W. Normandy Ct.
Plymouth, MI 48170
Tax I.D. #78-050-01-0154-000
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 two variances:
The existing primary residence has an approximate fifty-three
(53) feet, zero (0) inch rear yard setback at the location of the proposed
addition. With the proposed eighteen (18) feet, zero (0) inch deep & eighteen
(18) feet, zero (0) inch long addition, the proposed rear yard setback would be
forty (40) feet, zero (0) inches, requesting a variance of ten (10) feet,
zero (0) inches.
The proposed eighteen (18) feet, zero (0) inch deep x eighteen
(18) feet, zero (0) inch long addition is an all aluminum & glass sunroom which
is not consistent and compatible with the other houses in the immediate area in
overall quality, finish and aesthetic appearance of the sunroom addition.
Ms. Zukowski addressed the board regarding her request.
Moved by Mr. Bridgman, supported by Mr. Griffith, to approve the
application for both variances requested. Ayes all.
Moved by Mr. Bridgman, supported by Mr. Levengood to adjourn the
meeting at 6:35 p.m. Ayes all.
Respectfully submitted,
Joe Bridgman, Secretary
Zoning Board of Appeals
NOTE: Upon granting a zoning variance, a building permit is
requiredl
If denied, the applicant may appeal to Circuit Court
PLEASE TAKE NOTE; The Charter Township of
Plymouth will provide necessary reasonable auxiliary aids and services, such as
signers for the hearing impaired and audio tapes of printed materials being
considered at all Township Meetings, to individuals with disabilities at the
Meetings/Hearings upon two weeks notice to the Charter Township of Plymouth by
writing or calling the following: Supervisor’s office, 42350 Ann Arbor Road,
Plymouth, MI 48170.
Phone number (734) 354-3200 TDD units:
1-800-649-3777 (Michigan Relay Services)
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