Zoning Board of Appeals Minutes
May 3, 2001
MEETING CALLED TO ORDER AT 5:00 P.M. BY CHAIRMAN STEINER
Members Present: Ronald Griffith
Gene Levengood
Donald Sprogell
Bill Steiner
Jim Zdanek
Others Present: Charles McIlhargey, Chief Building Official
Diane Leclair, Recording Secretary
Seven attendees in the audience
ITEM NO. 1 - APPROVAL OF MINUTES
Mr. Sprogell moved to approve the minutes of the Regular Meeting
of April 5, 2001as submitted. Supported by Mr. Griffith. Ayes all.
ITEM NO. 2 – NEW BUSINESS
1. Application No. 1258 – Sytze Brouwers
13406 Andover Dr.
Plymouth, MI 48170
Location – Sytze Brouwers
13406 Andover Dr.
Plymouth, MI 48170
Tax I.D. #78-042-02-0042-000
RE: Zoning Ordinance No. 83, Article XXII Special Provisions,
Sec. 23.5 Building Projections.
Outside stairways, fire escapes, fire towers, porches,
platforms, balconies, decks, boiler flues and similar projections shall be
considered as part of the building and therefore shall not extend into the
minimum yard requirements except for the following:
3. Unenclosed and unroofed platforms, decks, terraces above
grade, porches, steps, or other ground or first floor projections. In
Residential Districts, such excepted projections may be permitted to extend into
the required front yard no more than twelve (12) feet, provided said projection
shall not be nearer than twenty (20) feet to the front property line. Further,
such excepted projections may be permitted to extend into the required rear or
required side yard provided such projections shall not be nearer than twenty
(20) feet to a rear property line or nearer than four (4) feet to a side
property line. Further, in each case where a projection into a yard area is
proposed, the Chief Building Inspector shall refer such case to the Fire Chief
for review to determine if the proposed projections alone, or in combination
with other existing projections, shall result in a hindrance to servicing the
building or buildings with fire protection equipment. If it is determined by the
Fire Chief that such projections into the yard area shall present a hazard to
public health, safety and welfare, said projections shall not be permitted.
The applicant is requesting one variance:
1. Required rear yard setback is (twenty) 20 feet, requesting
a variance of 5.2 feet, reducing setback to 14.8 feet.
Mr. Sprogell moved to approve application 1258 for the variance
requested, since the rear lot borders a large pond, which separates it from the
neighbors. This is similar to variances that have been previously granted in
this subdivision. Seconded by Mr. Levengood. Ayes all.
2. Application No. 1259 – Ronald J. Putala
13000 Beck Rd.
Plymouth, MI 48170
Location – Ronald J. Putala
13000 Beck Rd.
Plymouth, MI 48170
Tax I.D. #78-034-99-0020-000
RE: Zoning Ordinance No. 83. Article VI, R-1-E, R-1-H, R-1-S,
R-1 One Family Residential Districts.
Sec. 6.4 Development Requirements:
(g) Accessory Buildings in Residential Districts:
(4) Detached garages and detached accessory buildings shall
not exceed one (1) story or twelve (12) feet in height and combined shall
not occupy more than seven (7) percent of the lot area and at the same time
combined shall not exceed the total square-foot area of the residence, and
when located on the rear one-quarter (1/4) of the lot, shall not be nearer
than five (5) feet to any rear or side lot line, and when otherwise located
shall conform to all requirements for side yards set forth in the
requirements for each residential district, provided, that where the side
yard abuts to the side street, such accessory structure shall not extend
nearer to the side street lot line than the required building setback;
provided, however, a private stable shall not be less than one hundred (100)
feet from any residence. In no instance shall an accessory building be
located within a dedicated easement or right-of-way.
Sec. 32.2 (15) Building Heights, pg 212.
H: HEIGHT OF BUILDING
RIDGE
EAVES
½
½
H
GABLE ROOF
The applicant is requesting one variance:
1. Required detached garage accessory building not to exceed
twelve (12) feet in height, the proposed accessory building shall have a
height of 18.75 defined by the zoning ordinance, requesting a variance of
6.75 feet for height.
Mr. Putala stated his reasons for the request. Due to the fact
that the five-acre parcel is not a typical subdivision lot size, this variance
will have little or no effect on neighboring property owners. The structure will
be located behind the house and will be used to store recreational vehicles
only. There will be no commercial use involved.
Mr. Griffith moved to approve application 1259 for the variance
requested. Seconded by Mr. Zdanek. Ayes all.
3. Application No. 1260 – R & H Building
14225 Minehart
Plymouth, MI 48170
Location – George Forest
46077 Quail Ridge Dr.
Plymouth, MI 48170
Tax I.D. #78-053-02-0026-000
RE: Zoning Ordinance No. 83, Article VI 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
ft.
(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 existing residence is zoned R-1-S
The applicant is requesting one variance:
1. Required rear yard setback is (fifty) 50 feet,
requesting a variance of maximum eight (8) feet, reducing the rear yard
setback to forty-two (42) feet.
Mr. Hoff of R & H Building represented the homeowners for the
variance requested. This request meets Ordinance 83, Article 16-1, footnote (z).
Mr. Sprogell moved to approve application 1260 for the variance
requested. Seconded by Mr. Griffith. Ayes all.
4. Application No. 1261 – Gregory Nowak & Sherri Voran-Nowak
9685 Winterset Cir.
Plymouth, MI 48170
Location – Gregory Nowak & Sherri Voran-Nowak
9685 Winterset Cir.
Plymouth, MI 48170
Tax I.D. #78-050-02-0201-000
RE: Zoning Ordinance No. 83, Schedule of Regulations 16.1,z,
minimum rear yard setback – 50 ft.
(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. 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.
Existing residence is zoned R-1-H
The applicant is requesting one variance:
The proposed primary residence has an approximate sixty three
(63) feet, eight (8) inch rear yard setback, at the location of the proposed
sunroom. With the proposed fifteen (15) feet x twenty two (22) feet, eight (8)
inches sunroom addition, the proposed rear yard setback would be forty-eight
(48) feet, eight (8) inches, requesting a variance of one (1) foot, four (4)
inches.
Mr. Griffith moved to approve application 1261 for the variance
requested, based upon Article 16.1, footnote (z). Seconded by Mr. Sprogell. Ayes
all.
5. Application No. 1262 – Peggy Gerou
557 Blunk St.
Plymouth, MI 48170
Location - Marvin Mews
50725 Chestwick Ct..
Plymouth, MI 48170
Tax I.D. #78-042-01-0011-000
RE: Code of ordinances May 1, 1988, Chapter 29, Swimming Pools,
29.040 location and lot area.
29.040 Location and Lot Area
29.041 Homeowner’s Pool: A homeowner’s swimming pool may be
erected in the side or rear yard, provided no part thereof shall approach nearer
than 10 feet from the side or rear lot lines. No such pool or part thereof shall
be installed within 50 feet of any street right-of-way line, except in the case
of side streets, in which case such pool may not be within 25 feet of such side
street. (Ord. 25, Sec.4.1, 1-11-66)
29.050 Clearances
Service drop conductors shall not be installed above the
swimming pool or surrounding area extending 10 feet horizontally from the pool
edge or diving structure, observation stands, tower or platforms. The nearest
part of the pool water shall be not less than 3 feet horizontally to any
underground sewer, water, electrical, telephone, gas or other pipes and
conduits, except for parts of the swimming pool system (Ord. 25, Sec. 5,
1-11-66)
29.060 Fencing
29.061 Homeowner’s Pool
A homeowner’s swimming pool located in an R-1 zoning use
district as defined by the Zoning Ordinance shall be completely enclosed by a
fence of 5 feet in height constructed not closer than 5 feet nor further than 15
feet from the adjacent edge of the swimming pool water or by a 4 feet in height
fence completely enclosing the yard as a whole in which the homeowner’s swimming
pool is located and the fence shall be of the chain link type or other type
approved by the Building Department and located in a position as approved by the
Building Department. In all zoning use districts other than R-1, a homeowner’s
swimming pool shall be completely enclosed by a fence of 5 feet in height
constructed not closer than 5 feet nor further than 15 feet from the adjacent
edge of the swimming pool water and of the chain link type or other type
approved by the Building Department. All fence gates shall be locked when the
property owner is away from the lot or when the swimming pool is not in use by
the property owner, his family or guests. Notwithstanding any other provision of
this Chapter, the requirements regarding fencing contained in this Section shall
also apply to any portable swimming pool or container capable of being used for
swimming, wading or bathing and holding 1,200 gallons or more of water at any
point when filled to capacity. (Ord. 25, Sec. 6.1, 7-11-78)
The applicant is requesting two variances:
The Code of Ordinance requires a minimum ten (10) foot side
yard setback; the proposed pool location would have only a six (6) foot side
yard setback, requesting a variance of four (4) feet for side yard setback.
The Code of Ordinance requires a minimum ten (10) foot
clearance between the pool’s edge and any structure, which can be used to dive
or jump from. The proposed pool location would have only a six (6) foot
clearance between the pool & primary residence, requesting a variance of
four (4) feet for structure clearance.
Ms. Gerou’s brother, an attorney, accompanied Ms. Gerou and
spoke regarding the variances requested. Safety issues discussed included using
some type of barrier to prevent anyone from jumping into the pool from the deck
and also from jumping out of any window into the pool without violating the fire
code requirement of windows being a means of egress in case of fire. Mr.
McIlhargey offered to assist the applicant in this matter.
Mr. Sprogell moved to approve application 1262 for the variances
requested, subject to the applicant furnishing a design which satisfies Building
Department safety regulations prior to approving a building permit. Seconded by
Mr. Zdanek. Ayes all.
MOTION TO ADJOURN
It was moved by Mr. Sprogell and seconded by Mr. Levengood to
adjourn the meeting at 5:30 p.m. Ayes all.
Respectfully submitted,
Don Sprogell, Secretary
Zoning Board of Appeals
Charter Township of Plymouth
NOTE: Upon granting a zoning variance, a building permit is
required.
If denied, the applicant has five (5) business days to appeal.
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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