Zoning Board of Appeals Minutes
April 1, 2004
Meeting called to order at 5:01 p.m. by Chairman Levengood.
MEMBERS PRESENT:
Ron Griffith
Harry Jachym
Gene Levengood
Ray Sturdy, Jr.
Jim Zdanek
MEMBERS ABSENT: None
OTHERS PRESENT:
Mark Lewis, Chief Building Official
Alice Geletzke, Recording Secretary
5 members of the public
ITEM NO. 1 - APPROVAL OF MINUTES
1. Regular Meeting – March 4, 2004
Moved by Mr. Griffith, supported by Mr. Jachym, to approve the minutes of the
Regular Meeting of March 4, 2004, as presented.
Ayes all.
ITEM NO. 2 – NEW BUSINESS
1. Election of Officers: Chairman, Vice Chairman and Recording Secretary by
members of the Zoning Board of Appeals.
Moved by Mr. Sturdy, supported by Mr. Griffith, to elect Gene Levengood as
Chairman of the Zoning Board of Appeals.
Ayes all.
Moved by Mr. Sturdy, supported by Mr. Griffith, to elect Jim Zdanek as
Vice-Chairman of the Zoning Board of Appeals.
Ayes all.
Moved by Mr. Jachym, supported by Mr. Griffith, to elect Ray Sturdy as Secretary
of the Zoning Board of Appeals.
Ayes all.
2. Application No. 1353 - Beacon Meadows Property
Owner’s
Association
1330 Goldsmith
Plymouth, MI 48170
Location – Beacon Meadows Subdivision
Entrance
N. off N. Territorial, ½ mile W. of
Sheldon
Plymouth, MI 48170
Tax I.D. #78-033-03
RE: Zoning Ordinance No 83, Article XXI, Sign Regulations AG, R-I-E, PL, R-1-H,
R-1-S, R-1, RM, R-2 & R-2-A.
Section 21.5 Signs Permitted in Specific Zoning Districts
| Variance No. |
Zoning
Ordinance Section/Standard |
Location |
Required Total
Items of Information |
Proposed Total
Items of Information |
Variance
Required |
| 1 |
Section 21.5 |
In median at entrance of Beacon
Meadows Subdivision (N. off N. Territorial, W. of Sheldon
Rd) |
Three (3) |
Thirteen (13) |
Ten (10) |
The applicant is requesting one variance:
1. The existing zoning for requested ground sign is R-1-H. Within this
residential zoning, the required total items of information on a ground sign is
three (3), with the proposed ground sign, the total items of information would
be thirteen (13). The applicant is requesting a variance for ten (10) items of
information.
Mr. Robert Paciocco, representing the Beacon Meadows Property Owner’s
Association, addressed the Board and answered questions.
Moved by Mr. Jachym, supported by Mr. Griffith, to deny Application 1353, Beacon
Meadows Property Owner’s Association, as their request for a variance for ten
additional items of information on their sign does not meet the criteria for
practical difficulty.
Ayes all.
(note: Application No. 1354 was withdrawn)
3. Application No. 1355 - Stella Contracting Inc.
747 S. Main St.
Plymouth, MI 48170
Location – Larry & Cynthia Granger
11089 Creekwood Cir.
Plymouth, MI 48170
Tax I.D. #78-057-04-0279-000
RE: Zoning Ordinance No 83, Article XVI R-1-E, R-1-H, R-1-S, R-1. One Family
Residential Districts.
Section 17.12, 4(b), minimum rear yard setback for rear yard abutting open space
(RUD) - 40 feet
| Variance No. |
Zoning
Ordinance Section/Standard |
Location |
Required
Setback Minimum for Rear Yard Abutting Open Space (RUD)
|
Proposed
Setback Minimum for Rear Yard Abutting Open Space (RUD)
|
Variance
Required |
| 1 |
17.12, 4(b) |
10089 Creekwood Cir
|
40 feet |
37 feet |
3 feet |
The applicant is requesting one variance:
1. The existing primary residence has an approximate forty (40) foot rear yard
setback abutting an open space. With the proposed thirty three (33) x fourteen
(14) foot addition, the proposed rear yard setback would be thirty seven (37)
feet. The applicant is requesting a rear yard variance of three (3) feet.
Mr. Frank Stella of Stella Contracting, Inc., addressed the Board and answered
questions.
Mr. Jachym noted that he had contact with the property several years ago when he
did drawings for the gentleman who constructed the foundation and overhead. The
Board didn’t see any conflict of interest or need for Mr. Jachym to recuse
himself from voting on this issue.
Moved by Mr. Sturdy, supported by Mr. Jachym, that the relief requested in
Application 1355, Stella Contracting, Inc., be granted in terms of the
three-foot variance required for the setback and the associated width and depth
requirements.
Ayes all.
ITEM NO. 3 – OLD BUSINESS
1. Application No. 1350 - Wayne & Sharon Koppe
47266 Beechcrest Ct.
Plymouth, MI 48170
Location – Wayne & Sharon Koppe
47266 Beechcrest Ct.
Plymouth, MI 48170
Tax I.D. #78-055-01-0009-000
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 Developmental Requirements
| Variance No. |
Zoning
Ordinance Section/Standard |
Location |
Required Fence
Height |
Proposed Fence
Height |
Variance
Required |
| 1 |
6.4 |
47266 Beechcrest Ct
|
4 feet |
6 feet |
2 feet in height |
The applicant is requesting one variance:
(Tabled from 3/4/04 ZBA meeting)
1. The applicant is proposing a six (6) foot high fence in the rear yard. The
required maximum height for a fence is four (4) feet. With the proposed
variance, the applicant is requesting a variance of two (2) feet in fence
height.
Mr. Sturdy updated the Board on what transpired since the item was tabled from
the last meeting for clarification of the Zoning Board’s authority to rule on
the request for the variance in fence height. They were able to verify with the
Township’s Attorney that the current authority of the ZBA to grant variance in
fence heights does not exist as the ordinance is currently written, though this
may change in the next 90 days because of the proposed amendments to the Zoning
Ordinance if approved by the Board of Trustees. The Zoning Board, however, does
currently have the authority to rule on privacy screens and privacy screens with
the maximum height of six feet are permitted. However, in that section of the
ordinance there are yard placement restrictions for privacy screens. They must
be in the rear yard, no closer than 20 feet from the rear lot line, and they
need to be located so they do not extend beyond the side building lines of the
residence. In this case, those portions of the privacy screens outside of those
yard placement areas would require variance, which we’re authorized to provide
if we believe they’re appropriate and the conditions are met.
Mr. Griffith felt that because the lot is a corner lot and faces two main
thoroughfares, it makes for unusual circumstances.
Mr. Lewis said from the actual definition, the rear lot line would be a line
parallel from the front straight back to the closest point in the back at least
10 feet wide. On this very difficult lot you would have five side yards and one
10-foot section of rear yard.
Mr. Sturdy felt the homeowner has dealt with the changing topography in a
beneficial manner and it is not something that will be repeated on all the other
properties down Beck or Ann Arbor Road.
Mr. Griffith noted the original request would not be the request acted upon. It
would be considered an amended request to consider the location of the privacy
fence.
Moved by Mr. Griffith, supported by Mr. Sturdy, to amend the request in
Application 1350, Wayne and Sharon Koppe, from consideration of a variance of 2
ft. in fence height for a perimeter fence and approve a dimensional yard
variance from the provisions of Section 6.4.6(f)(3)(c) for the location of the
privacy fence that falls outside of the required yard placement areas for the
following reasons: because of the unique nature and difficulty of this
particular property being a corner lot, and having a hardship not really created
by the property owner but by the changing nature of the community in this area
with regard to traffic.
ROLL CALL: AYES: Griffith, Sturdy, Levengood. NAYS: Jachym, Zdanek.
Motion carried.
Moved by Mr. Griffith, supported by Mr. Study, to adjourn the meeting.
Ayes all.
Meeting adjourned at 6 p.m.
Respectfully submitted,
Raymond O. Sturdy, Jr., 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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