Zoning Board of Appeals Minutes
January 6, 2005
Meeting called to order at 5:02 p.m. by Chairman Levengood.
MEMBERS PRESENT:
Bob Doroshewitz
Gene Levengood
Harry Jachym
Ray Sturdy, Jr.
Jim Zdanek
MEMBERS ABSENT: None
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 –December 2, 2004
Moved by Mr. Jachym, supported by Mr. Zdanek, to approve the minutes of the
Regular Meeting of December 2, 2004, as presented.
Ayes all.
ITEM NO. 2 – OLD BUSINESS
1. Application No. 1378 - Patricia & Dale Adams
(tabled from October 7, 2004) 9657 Tennyson
Plymouth, MI 48170
Location – Patricia & Dale Adams
9657 Tennyson
Plymouth, MI 48170
Tax I.D. #78053-01-0442-000
RE: Zoning Ordinance No 99, Article XX Schedule of Regulations Amendments R-1-E,
R-1-H, R-1-S, R-1. One Family Residential Districts. Section 20.1, minimum rear
yard setback – 50 feet.
| Variance No.
|
Zoning
Ordinance Section/Standard |
Location
|
Required
Minimum Rear Yard Setback |
Proposed
Minimum Rear Yard Setback |
Variance
Required |
| 1 |
20.1, Article XX |
9657 Tennyson |
50 feet |
38 feet, 7 inches |
11 feet, 5 inches |
The applicant is requesting one variance:
1. The existing residential property has a rear yard setback of more than the
minimum fifty (50) foot rear yard setback. With the proposed seventeen (17) x
twenty (20) foot sunroom addition, the rear yard setback would be forty five
point six (45.6) feet. The applicant is requesting a variance for rear yard
setback of four point four (4.4) feet.
Mr. James Fisher, representing Patricia and Dale Adams, addressed the Board and
answered questions. Mr. Fisher noted the brick-covered concrete foundation was
already in existence with the rear yard setback of 38 feet, 7 inches.
Chief Building Official Lewis said open decks are allowed up to 20 feet of the
rear lot line; however the minimum rear yard setback is 50 feet for an enclosed
addition.
The Board discussed the limitation in the ordinance allowing the ZBA to grant
variances only up to 10 feet. They suggested the applicant might pursue
requesting an ordinance change with the Board of Trustees.
The Board also felt that other than the amount of the variance, the request met
the additional ordinance criteria.
Moved by Mr. Sturdy, supported by Mr. Jachym, to grant Application 1378,
Patricia and Dale Adams, a 10 ft. maximum variance within the authority of the
Zoning Board of Appeals permitting construction of an addition at 9657 Tennyson,
leaving a rear yard setback of 40 feet.
Ayes all.
2. Application No. 1382 – G.S. Kirkman
(tabled from December 2, 2004) 5923 Rouge Circle
Dearborn Hts, MI 48127
Location – Sy Cohen
9294 Northern Ave
Plymouth, MI 48170
Tax I.D. #78059-03-0160-000
RE: Zoning Ordinance No 99, Article XX Schedule of Regulations Amendments R-1-E,
R-1-H, R-1-S, R-1. One Family Residential Districts. Section 20.1, minimum rear
yard setback – 50 feet.
| Variance No.
|
Zoning
Ordinance Section/Standard |
Location
|
Required
Minimum Rear Yard Setback |
Proposed
Minimum Rear Yard Setback |
Variance
Required |
| 1 |
20.1, Article XX |
9294 Northern Ave |
50 feet |
39 feet, 6 inches |
10 feet, 6 inches |
The applicant is requesting one variance:
1. The existing residential property has a rear yard setback of more than the
minimum fifty (50) foot rear yard setback. With the proposed twelve (12) foot x
fourteen (14) foot addition, the rear yard setback would be thirty nine (39)
feet, six (6) inches. The applicant is requesting a variance for rear yard
setback of ten (10) feet, six (6) inches.
Mr. Bob Novak, representing G.S. Kirkman and Sy Cohen, addressed the Board and
answered questions. He indicated the addition could be turned 90 degrees and it
would still not exceed 40 percent of the width of the house.
The Board felt the request met the other ordinance criteria.
Moved by Mr. Jachym, supported by Mr. Sturdy, to grant a variance of 10 feet for
Application 1382 at 9294 Northern Avenue, and that the addition be built of the
same building materials and not exceed 40 percent of the width of the house.
Ayes all.
ITEM NO. 3 – NEW BUSINESS
1. Application No. 1384 – Dennis P. Robare, ALA
45000 Joy Rd
Plymouth, MI 48170
Location – James A. Leventis
46821 Brooks Lane
Plymouth, MI 48170
Tax I.D. #78054-01-0004-000
RE: Zoning Ordinance No 99, Article XX Schedule of Regulations Amendments R-1-E,
R-1-H, R-1-S, R-1. One Family Residential Districts. Section 20.1, minimum rear
yard setback – 50 feet.
| Variance No.
|
Zoning
Ordinance Section/Standard |
Location
|
Required
Minimum Rear Yard Setback |
Proposed
Minimum Rear Yard Setback |
Variance
Required |
| 1 |
20.1, Article XX |
46821 Brooks Lane |
50 feet |
24 feet |
26 feet |
The applicant is requesting one variance:
1. The existing residential property has a rear yard setback of fifty one point
three (51.3) feet, bordering with a commons wetland area. With the proposed
twenty (20) foot x twenty four point seventy five (24.75) foot addition, the
rear yard setback would be twenty four (24) feet. The applicant is requesting a
variance for rear yard setback of twenty six (26) feet.
Building Official Lewis indicated the home in question is located in an RUD
District, thus the 50 ft. minimum rear yard setback does not apply.
Mr. Dennis Robare and Mr. James A. Leventis addressed the Board and answered
questions. Mr. Leventis presented letters from his neighbors in support of his
request and pointed out two officers of his homeowners’ association had signed
the plans.
Moved by Mr. Jachym, supported by Mr. Sturdy, to grant a 24-ft. minimum rear
yard setback for Application 1384 at 46821 Brooks Lane.
Ayes all.
Moved by Mr. Jachym, supported by Mr. Sturdy, to adjourn the meeting.
Ayes all.
Meeting adjourned at 5:45 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 Human Resource Office, Charter Township of Plymouth,
42350 Ann Arbor Road, Plymouth, Michigan, 48170, (734) 453-3202, TDD users:
1-800-649-3777 (Michigan Relay Service)-
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