CLINTON TOWNSHIP BOARD OF APPEALS
REPORT OF MEETING
JULY 15, 1998
MINUTES

Present: Carole L. Schwartz, Vice-Chairperson
                Robert M. Campbell, Secretary
                Joann Granata
                Ramon C. Young
                Paul D. Woodring

Absent: Francis Marella, Chairperson, Excused
                Michael Nickerson, Excused

Staff:        Mark F. Miller, Assistant Director
                DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT

Ms. Schwartz called the meeting to order at 6:30 p.m. Ms. Schwartz explained that the petitioner will be given an opportunity to add or clarify information and the public will be given an opportunity to speak in an orderly manner. She explained that the petitioner must state his or her hardship, which cannot be for monetary reasons and cannot be self-created.

APPROVAL OF AGENDA

Ms. Schwartz stated that a full Zoning Board is not present at this meeting and she stated it takes a majority vote of the full board to grant a variance. She gave the petitioners the opportunity to have their items tabled until the next regularly scheduled board meeting.

Ms. Granata stated that Item #5 was duplicated on the agenda and is the same is Item #2 and should be removed.

Frank & Joan Atkinson, 41766 Westbury Lane, Clinton Township, Michigan, stated they would prefer to table their matter until the next scheduled meeting to have it heard in front of a full board.

Motion by Ms. Schwartz, supported by Mr. Campbell, to approve the agenda as amended. Motion carried.

UNIT 9, GREENFIELD POINTE CONDOMINIUMS (SECTION 8)
- REF: TABLED FROM JUNE 17, 1998 MEETING
--APPEAL: SFR - WESTBURY LANE, 41766
FILE #5209: FRANK & JOAN ATKINSON

This item was withdrawn from the agenda.

PART OF LOT 16, SUPERVISOR’S PLAT #5 (SECTION 12)
- APPEAL: AFFORDABLE HOUSING PROGRAM
-- FILE #5224: MICHAEL S. KENNEDY; HOUSING OPPORTUNITIES FOR MACOMB, INC.

Pertinent correspondence was read and entered into the record. Mr. Campbell indicated that there were no written replies received in response to the mailing of the Notice of Public Hearing to owners and occupants within 300 feet of the land in question.

Mr. Miller stated that he is involved with the Housing Opportunities for Macomb, Inc. to assist low and moderate income families in obtaining affordable housing. He added that the Township owns the property and is in partnership with the Housing Opportunities for Macomb, Inc.

Michael S. Kennedy, Housing Opportunities for Macomb, Inc., 15220 10 Mile Road, Eastpointe, Michigan 48021, stated that the company is non-profit. He stated that they have previously purchased and rehabilitated 23 similar units and all were a success. He added that the variance will help keep the cost of the proposed homes at a level that is more affordable. He stated that the development would boost the area.

Mr. Campbell inquired as to whether the development will include the "triangle shaped land".

Mr. Kennedy stated that he is trying to get ownership of that parcel of land and then combine and split the lots equally.

Mr. Campbell inquired as to whether the lots will remain R-5 Residential.

Mr. Kennedy stated the lots will remain R-5 Residential.

Ms. Granata stated her opinion that this development will improve the area.

Mrs. Marks, 143 Clemens, Mt. Clemens, Michigan 48043, stated that she thinks she owns the property that is being discussed.

Mr. Miller stated that the Township owns the property and suggested that Mrs. Marks contact the Planning Department and they will work it out.

Motion by Ms. Granata, supported by Mr. Young, with reference to File #5224 and application from Michael S. Kennedy, Housing Opportunities for Macomb, Inc., 15220 10 Mile Road, Eastpointe, Michigan 48021, for variance to Clinton Township Planning and Zoning Code, Chapter 1292.01, Land Use Regulations; SCHEDULE OF REGULATIONS LIMITING HEIGHT, BULK, DENSITY AND AREA: CHART; Minimum Floor Area per Unit in the R-5 One-Family Residential District, concerning Part of Lot 16, Supervisor’s Plat Subdivision #5 (Section 12), generally located fronting the north line of Walnut, east of Fort Street, that request for variance to permit construction of two single family homes in the R-5 One-Family Residential District each with floor area of 1,008 square feet being 92 square feet less than the minimum required floor area of 1,100 square feet, be granted; further, this grant of variance is based on the recommendation of the Planning Department in order to improve the area and provide affordable housing for low to moderate income families; further, this grant of variance is contingent upon compliance with all other requirements of the Township ordinances. Roll Call Vote: Aye- Granata, Young, Campbell, Woodring, Schwartz. Nay- None. Absent- Marella, Nickerson. Motion carried.

LOT 215, RIVER OAKS SUBDIVISION (SECTION 16)
- APPEAL: SFR - TODD, 19349
- FILE #5219: JEFF JEZIERSKI

Pertinent correspondence was read and entered into the record. Mr. Campbell indicated that there were no written replies received in response to the mailing of the Notice of Public Hearing to owners and occupants within 300 feet of the land in question.

Jeff Jezierski, 19349 Todd, Clinton Township, Michigan 48038, stated he is requesting the variance to build a garage. He stated currently he has a shed and needs a garage for extra storage.

Mr. Woodring inquired as to whether the neighbor to the east of the subject property is in agreement with this.

Mr. Jezierski stated that his neighbors signed a petition stating they had no objections.

Mr. Campbell read the petition into the record. There were four residents from Todd Street and four (4) from Michael Street stating no objections.

Mr. Young stated his opinion that the proposed garage would adversely affect the neighbor to the east because the garage would block his sight line and possibly create a hardship for future sale of the property.

Mr. Jezierski stated that he would prefer to build on that side to keep the garage attached and use the brick from the adjoining wall to keep cost down.

Mr. Campbell stated that he does not see a hardship to grant the variance.

Ms. Granata stated that the petitioner could build at 20x28 garage by going deeper into the back yard as opposed to utilizing the side yard.

Mr. Jezierski stated that going to the back instead of the side would limit backyard space and incur additional costs.

John Meeks, 19351 Todd, Clinton Township, Michigan 48038, stated he owns the property to the east of the subject property and stated he isn’t opposed to the variance as long as the petitioner’s garage does not go past his sight line.

Ms. Granata inquired as to the opinion of the Planning Department.

Mr. Miller stated that the variance could negatively impact the adjoining neighbor. He added the neighbor can still construct a garage according to the ordinance.

Motion by Mr. Young, supported by Mr. Campbell, with reference to File #5219 and application from Jeff Jezierski, 19349 Todd, Clinton Township, Michigan 48038, for variance to Clinton Township Planning and Zoning Code, Chapter 1292.01, Land Use Regulations; SCHEDULE OF REGULATIONS LIMITING HEIGHT, BULK, DENSITY AND AREA: CHART; Minimum Side Yard Setback Requirements in the R-4 One-Family Residential District, concerning Lot 215, River Oaks Subdivision (Section 16), generally located fronting the north line of Todd Drive, east of Ray, that request for variance to permit the addition of an attached garage for an existing single-family residence in the R-4 One-Family Residential District, with east side yard setback of six (6) feet being two (2) feet less than the required eight (8) feet, be denied based on the lack of practical difficulty. Roll Call Vote: Aye- Young, Campbell, Woodring, Granata. Nay- Schwartz. Absent- Marella, Nickerson. Motion carried.

LOT 139, VINEYARD SUBDIVISION (SECTIONS 35/36)
- APPEAL: SFR - COTTRELL, 23756
-- FILE #5220: PAUL & CHERYL MULIER; MULIER CONSTRUCTION, INC.

Pertinent correspondence was read and entered into the record. Mr. Campbell indicated that there were no written replies received in response to the mailing of the Notice of Public Hearing to owners and occupants within 300 feet of the land in question.

 Paul Mulier, Mulier Construction, Inc., 22020 Edgewood, St. Clair Shores, Michigan 48080, stated he bought the lots to develop three (3) 1,500 square foot homes with attached garages. He stated he needs a variance for the corner lot.

Mr. Campbell stated his opinion that granting this variance would create a hardship for the adjoining property owners. He suggested it would be better to combine the lots and redraw the lot lines and request a variance for square footage of the homes.

Mr. Mulier stated that one-hundred (100) foot lots are not as desirable.

Mr. Campbell stated that the petitioner could change the design of the home and still have desirable homes.

Mr. Mulier stated that the sewer lines are already in place for the current design and it would create additional expense to have them rerun.

Mr. Campbell stated that cost cannot be a reason to grant a variance.

Mr. Mulier stated that there are homes similar to his that have been recently constructed without a variance.

Mr. Miller stated that to his knowledge no similar variances have been granted in this area, but he agreed to look into the matter.

Motion by Ms. Granata, supported by Mr. Campbell, with reference to File #5220 and application from Paul & Cheryl Mulier, Mulier Construction, Inc., 22020 Edgewood, St. Clair Shores, Michigan 48080, for variance to Clinton Township Planning and Zoning Code, Chapter 1292.01, Land Use Regulations; SCHEDULE OF REGULATIONS LIMITING HEIGHT, BULK, DENSITY AND AREA: CHART; Minimum Front Yard Setback Requirements in the R-5 One-Family Residential District and Chapter 1292.01, Land Use Regulations; SCHEDULE OF REGULATIONS LIMITING HEIGHT, BULK, DENSITY AND AREA: FOOTNOTES TO CHART; Minimum Side Yard Setback Requirements in the R-5 One-Family Residential District, concerning Lot 139, Vineyard Subdivision (Section 35/36), generally located at the southwest corner of Cottrell and Pennsylvania, that the matter be tabled at no cost to the petitioner to allow the petitioner time to work with the Planning Department to review the plans and pursue alternatives. Roll Call Vote: Aye- Granata, Campbell, Young, Woodring, Schwartz. Nay- None. Absent- Marella, Nickerson. Motion carried.

 LOT 53, BARCLAY ESTATES SUBDIVISION (SECTION 29)
- APPEAL: SFR - PAPPSTEIN, 35182
--FILE #5223: KENNETH J. SCHMIDT

Pertinent correspondence was read and entered into the record. Mr. Campbell indicated that there was letter received dated June 18, 1998 from Emil Notarangelo, 35166 Pappstein, Clinton Township, Michigan 48035, stating no objections to the variance in response to the mailing of the Notice of Public Hearing to owners and occupants within 300 feet of the land in question.

Kenneth Schmidt, 35182 Pappstein, Clinton Township, Michigan 48035, stated he is requesting a variance to construct a garage with handicapped facilities. He stated that his daughter is handicapped and they currently have a temporary ramp and living area, but would like to construct a permanent ramp and create additional storage.

Mr. Woodring stated that the home has three (3) commercial trucks parked.

Mr. Schmidt stated that there is one commercial truck parked and the other two are used for storage. He stated the trucks will be removed after the construction of the garage.

Motion by Mr. Campbell, supported by Ms. Granata, with reference to File #5223 and application from Kenneth Schmidt, 35182 Pappstein, Clinton Township, Michigan 48035, for variance to Clinton Township Planning and Zoning Code, Chapter 1292.01, Land Use Regulations; SCHEDULE OF REGULATIONS LIMITING HEIGHT, BULK, DENSITY AND AREA: CHART; Minimum Side Yard Setback Requirements in the R-3 One-Family Residential District, concerning Lot 53, Barclay Estates Subdivision (Section 29), generally located fronting the east line of Pappstein Drive, north of 15 Mile Road, that variance be granted to permit the addition of an attached garage for an existing single-family residence in the R-3 One-Family Residential District, with south side yard setback of five (5) feet being at least three (3) feet less than the required eight( 8) feet; further this grant of variance is based on the practical difficulty of the unusual shape of the property and the necessity to build a handicapped ramp access on the property; further this grant of variance is contingent upon compliance with all other requirements of the Township ordinances. Roll Call Vote: Aye- Campbell, Granata, Woodring, Young, Schwartz. Nay- None. Absent- Marella, Nickerson. Motion carried.

ADJOURNMENT

Motion by Ms. Granata, supported by Mr. Campbell to adjourn the meeting. Motion carried. Meeting adjourned at 7:56 p.m.

Respectfully submitted,

Robert M. Campbell, Secretary
CLINTON TOWNSHIP BOARD OF APPEALS