Zoning Board of Appeals Minutes
May 1, 2003
Meeting called to order at 5:04 p.m. by Chairman Levengood.
MEMBERS PRESENT:
Ronald Griffith
Harry Jachym
Gene Levengood
Jim Zdanek
MEMBERS ABSENT:
Ray Sturdy, Jr. (Excused)
OTHERS PRESENT:
Mark Lewis, Chief Building Official
Timothy Cronin, Township Attorney
Alice Geletzke, Recording Secretary
5 members of the public
ITEM NO. 1 - APPROVAL OF MINUTES
1. Regular Meeting – April 3, 2003
Moved by Mr. Jachym, supported by Mr. Zdanek, to approve the minutes of the
Zoning Board of Appeals Meeting of April 3, 2003, as submitted. Ayes all, with
Mr. Griffith abstaining because he was not present at the meeting. Motion
carried.
ITEM NO. 2 – OLD BUSINESS
3. Application No. 1328 - Jack Cook
939 S. Mill St.
Plymouth, MI 48170
Location – Absopure Water Co.
8835 General Dr
Plymouth, MI 48170
Tax I.D. #78-062-99-0019-704, #78-062-99-0019-705
RE: Zoning Ordinance No 83, Article XVI Schedule of Regulations, Zoning District
IND – Industrial District
| Variance No.
|
Zoning Ordinance
Section/Standard |
Location
|
Required Fence Type
|
Proposed Fence Type
|
Variance Required |
| 1 |
Section
6.4 |
8835
General Dr |
six foot
perimeter security chain link fence per site plan |
barbed
wire on perimeter security fence |
barbed
wire on perimeter security fence |
The applicant is requesting one variance:
The applicant is proposing a six foot high security fence with barbed wire. The
applicant is requesting a variance to allow the addition of barbed wire on the
top of an existing six foot security chain link fence.
Township Attorney Timothy Cronin addressed the Board and answered questions
regarding the recommendation of his office that the Zoning Board of Appeals
reconsider the grant of the variance to Absopure in light of the fact that the
proposed FDA regulations are not specific enough to preempt the Township’s
zoning ordinance or police power authority. His perception is that the act of
granting this variance is beyond the authority of the Zoning Board of Appeals.
He noted, however, that the Township Board, as a policy making body, may wish to
revisit the issue of allowable security measures in light of the September 11th
experiences.
It was moved by Mr. Zdanek, supported by Mr. Jachym, to reconsider Application
1328, Absopure Water Company, requesting a variance to allow the addition of
barbed wire on top of an existing six-foot security chain link fence. Ayes all.
Moved by Mr. Jachym, supported by Mr. Zdanek, to deny the request for a variance
to allow the addition of barbed wire on top of an existing six-foot security
chain link fence as requested in Application 1328, Absopure Water Company. Ayes
all.
ITEM NO. 3 – NEW BUSINESS
1. Application No. 1331 - Gary & Linda Doll
11302 Haggerty Rd
Plymouth, MI 48170
Location – Gary & Linda Doll
11302 Haggerty Rd
Plymouth, MI 48170
Tax I.D. #78-064-04-0252-000
RE: Zoning Ordinance No 83, Article VI R-1-E, R-1-H, R-1-S, R-1 One Family
Residential Districts. Section 6.4 Development Requirements:
| Variance No.
|
Zoning Ordinance
Section/Standard |
Location
|
Required Gate/Fence
Height |
Proposed Gate/Fence
Height |
Variance Required |
| 1 |
Section
6.4 |
11302
Haggerty Rd |
4 feet
maximum |
5 feet
|
1 foot in
height |
The applicant is requesting one variance:
Maximum fence height allowed is four feet. The applicant is requesting a five
foot gate between the garage and the south side of the property, requesting a
one foot variance in gate/fence height.
Mrs. Doll addressed the Board and answered questions. She said one of the
reasons for the increased height for the gate was to allow her special needs son
privacy in the back yard, because the property fronts Haggerty Road. She
presented a list of neighbors who had no objection, and said there were several
five-foot fences in the neighborhood.
There was discussion as to whether granting fence height variances is
permissible by the Zoning Board of Appeals.
Moved by Mr. Griffith, supported by Mr. Zdanek, to table Application 1331, Gary
and Linda Doll, until the next meeting to allow Building Official Mark Lewis and
the applicants an opportunity to discuss this further with regard to the
possibility of handling the matter by alternative methods. Ayes all.
2. Application No. 1332 - Mark & Jennifer Kroll
11310 Aspen Dr
Plymouth, MI 48170
Location – Mark & Jennifer Kroll
11310 Aspen Dr
Plymouth, MI 48170
Tax I.D. #78-063-02-0092-000
RE: Zoning Ordinance No 83, Article XVI R-1-E, R-1-H, R-1-S, R-1. One Family
Residential Districts.
Schedule of Regulations 16.1, z, minimum rear yard setback – 50 feet.
| Variance No. |
Zoning Ordinance Section/Standard
|
Location |
Required Rear Yard Setback
|
Proposed Rear Yard Setback
|
Variance Required |
| 1 |
16.1 z |
11310 Aspen Dr |
50 feet |
44 feet |
6 feet |
The applicant is requesting one variance:
The existing primary residence has an approximate fifty four (54) foot rear yard
setback. With the proposed twenty (20) foot x ten (10) foot addition, the
proposed rear yard setback would be forty four (44) feet. The applicant is
requesting a variance of six (6) feet, (0) inches.
Moved by Mr. Griffith, supported by Mr. Jachym, to approve Application 1332,
Mark and Jennifer Kroll, requesting a rear-yard variance of six (6) feet, zero
(0) inches, contingent upon the Building Official finding the width requirements
are met. Ayes all.
Chairman Levengood adjourned the meeting at 6 p.m.
Respectfully submitted,
Jim Zdanek, Acting 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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