Zoning Board of Appeals Minutes
June 6, 2002

Meeting called to order at 5:12 p.m. by Chairman Steiner.

MEMBERS PRESENT: 
Joe Bridgman
Ronald Griffith
Bill Steiner
Gene Levengood

MEMBERS EXCUSED: 
Jim Zdanek

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

ITEM NO. 1 - APPROVAL OF MINUTES

1.   Regular Meeting - May 2, 2002

Moved by Mr. Bridgman, supported by Mr. Griffith to approve the minutes of the Regular Meeting of May 2, 2002, as submitted. Ayes all.

ITEM NO. 2 - NEW BUSINESS

RE: Zoning Ordinance 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 R-1-S residence has an approximate fifty seven (57) feet, eight (8) inch rear yard setback, at the location of the proposed addition. With the proposed seventeen (17) feet, two (2) inch deep x seventeen (17) feet, zero (0) inch long addition, the proposed rear yard setback would be thirty eight (38) feet, seven (7) inches, requesting a variance of one (1) foot, five (5) inches. 

Jeff Jones of Tony V's Sunroom & Spas addressed the Board and answered questions. In 1993 a variance was granted and a slab installed with the dimensions of 17 ft. 2 in. by 17 ft. 

Moved by Mr. Griffith, supported by Mr. Levengood, to grant approval of Application No. 1304 for Tony's Sunroom and Spas with the proviso and restriction that they seek approval of the Building Department for a revised plan for the sunroom which meets the minimum rear yard setback of 40 feet, then they may proceed. 

Ayes all.

RE: Zoning Ordinance 83:

ARTICLE XVI R-1-E, R-1-H, R-1-S AND R-1. One Family Residential Districts. 
Schedule of Regulations 16 - R-1 Zoning District, minimum front yard setback - 25 feet.

The existing primary residence has a twenty eight (28) feet, ten (10) inch front yard setback. The existing concrete slab paver brick open porch is seven (7) feet, ten (10) inch deep; the proposed roof structure shall also be seven (7) feet, ten (10) inch deep. Providing a twenty one (21) feet, zero (0) inch front yard setback. The applicant is requesting a four (4) feet, zero (0) inch front yard setback variance.

Rick and Mary Spangler addressed the Board and answered questions. They understood from a former building official approximately four years ago that a porch would be allowable as long as they maintained the exact size of the original patio and overhang. Building Official Lewis noted that the slab may project into the front yard setback, but a projection may not. There may also have been a miscommunication regarding the submission of plans, the issuance of a permit, and continuing the work. Mr. Griffith suggested that the Building Department address the issue of informing permit applicants through signage or a written notification not to start work until the permit has been issued and paid for. 

Moved by Mr. Bridgman, supported by Mr. Levengood, to approve Application 1305, granting a four (4) ft., zero (0) in. front yard setback variance, the hardship being that there was some miscommunication between the applicant and the Township. 

Ayes all.

Mr. Griffith also recommended that the applicants share information with their neighbors regarding the variance problem in their area, and that the Planning Commission take a look at this particular area during their revision process, noting that these small front porches be considered differently today in that the front porch is now more popular with homeowners.

RE: Zoning Ordinance No 83:

Fairs, carnivals and similar uses shall be allowed in any district where permitted on approval of the Board of Appeals.

The applicant is requesting the approval to run an automobile show in the parking lot and on the grounds.

Shirley Barney, Community Development Director, appeared before the Board and informed them of the request of the Township Attorney that because this site is under a consent judgement this application be referred to him to review it against that judgement. 

Moved by Mr. Griffith, supported by Mr. Levengood, to refer Application No. 1306, NorthRidge Church, to the Township Attorney for review against the consent judgement. 

Ayes all.



Moved by Mr. Bridgman, supported by Mr. Levengood, to adjourn at 5:43 p.m. 


Respectfully submitted,

Joe Bridgman

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)-

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