Zoning Board of Appeals Minutes
May 6, 2004

Meeting called to order at 5:03 p.m. by Chairman Levengood.

MEMBERS PRESENT:
Harry Jachym
Gene Levengood
Jim Zdanek

MEMBERS ABSENT:
Ray Sturdy, Jr., Excused

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

ITEM NO. 1 - APPROVAL OF MINUTES

1. Regular Meeting – April 1, 2004

Moved by Mr. Jachym, supported by Mr. Zdanek, to approve the minutes of the Regular Meeting of April 1, 2004, as presented.

 Ayes all.

ITEM NO. 2 – NEW BUSINESS

RE:  Zoning Ordinance No 83, Article XV, IND. Industrial District. Section
       15.1 Principal Permitted Uses: 10(c)

The applicant is requesting one variance:

1. The existing industrial zoning district has a front yard setback requirement of forty (40) feet. With the proposed conveyor bridge, the front yard setback would be zero (0) feet. The applicant is requesting a variance for front yard setback of forty (40) feet.

Joe Rockwood and Frank Taylor addressed the Board, discussed plans, and answered questions on behalf of the Absopure Water Company.

Mr. Lewis referred to the letter received from Mr. Sturdy.

Moved by Mr. Jachym, supported by Mr. Zdanek, to approve the 40-ft. variance requested in Application 1356, Absopure Water Company, contingent upon approval of the Planning Commission of final design and approval of final construction design by the Building Department.

Ayes all.

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.

The applicant is requesting one variance:

1. The existing primary residence has an approximate fifty eight (58) foot rear yard setback. With the proposed thirteen (13) foot x twenty five (25) foot addition, the proposed rear yard setback would be forty five (45) feet. The applicant is requesting a rear yard setback variance of five (5) feet.

Ms. Linda Giuliani addressed the Board and answered questions.

Moved by Mr. Jachym, supported by Mr. Zdanek, to grant the 5-ft. variance requested in Application No. 1357, Joe and Linda Guiliani, because the remaining 45-ft. setback falls within the confines of the consent judgment.

Ayes all.

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 front yard setback – 45 feet.

The applicant is requesting one variance:

1. The applicant is proposing to build a four thousand, four hundred seventy seven (4,477) square foot residential dwelling in zoning district R-1-E. The required maximum front yard setback is forty five (45) feet. With the proposed variance, the applicant is requesting a front yard setback variance of eight point eighty three (8.83) feet.

Karen Mitchell addressed the Board and answered questions. Mr. John Shank, neighbor across the street from the proposed house, said he had no objection to the requested 8.83-ft. variance.

Moved by Mr. Zdanek, supported by Mr. Jachym, to grant the requested 8.83 variance requested in Application 1358, Dale and Karen Mitchell, based on the fact that all other property owners in that area have signed letters having no objection, and contingent upon approval of the Building Department of structural plans.

Ayes all.

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 (f) Fences: b) Maximum Height.

The applicant is requesting one variance:

1. The applicant is proposing to build a five (5) foot fence in zoning district R-1-E. The required maximum fence height is four (4) feet. With the proposed variance, the applicant is requesting a variance of one foot in fence height.

Diane Thornton addressed the Board and answered questions. She had in her possession a permit from 1993, giving permission to replace a five-foot fence at that time.

Moved by Mr. Jachym, supported by Mr. Levengood, to take no action on the 1-ft. fence height variance requested in Application 1359, Paul and Diane Thornton, because replacement of the current 5-ft. fence with a 5-ft. fence can be considered repair.

Ayes all.

RE: Zoning Ordinance No 83, Sec. 34.10 ARC – Ann Arbor Road Corridor District.
Schedule of Regulations: 2(a)

The applicant is requesting one variance:

1. The applicant is proposing to build a pharmacy with parking furnished between the building and the street with a proposed street setback of fifty four (54) feet. The required street setback for this is seventy five (75) feet. With the proposed variance, the applicant is requesting a setback variance of twenty one (21) feet.

Mr. John Hollo of URS and John Coppola of Velmier Company addressed the Board and answered questions.

Moved by Mr. Jachym, supported by Mr. Zdanek, to approve the 21-ft. variance requested in Application 1359, Velmier Co. for the proposed CVS Store at 40900 Ann Arbor Road, contingent upon finalization of documents by CVS that guarantee access to the adjacent property, also contingent upon Planning Commission review and approval of the final site plan and building elevations, and the approval of the architectural engineering by the Building Department. Ayes all.

Moved by Mr. Jachym, supported by Mr. Zdanek, to adjourn the meeting. Ayes all.

Chairman Levengood adjourned the meeting at 6:18 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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