Title
PUBLIC HEARING - FILE NO. 09-004
Location: 46461 Dequindre Road, located on the west side of Dequindre Road, south of Auburn Road, north of Sibley Avenue, Parcel Identification Number 15-36-279-038, zoned R-4 (One Family Residential).
Request: A variance from Section 138-4.436(A)(3) to allow the keeping of poultry (chickens) on a lot lesser in size than one (1) acre. Section 138-4.436(A)(3) allows the keeping of poultry if there are no more than 12 and the parcel or lot is at least one acre in area.
Applicant: Thomas Noyes
46461 Dequindre Road
Rochester Hills, Michigan 48307
Body
RESOLVED in the matter of File No. 09-004, that the request for a variance to permit the keeping of poultry (chickens) on a lot lesser is size than one (1) acre, be DENIED for 46461 Dequindre Road, Sidwell 15-36-279-038, with the following findings:
Findings:
1. No practical difficulty or unnecessary hardship exists, or has been demonstrated, for this property or parcel. Specifically, no unusual property characteristics impair the appropriate use within the R-4 (One Family Residential) Zoning District.
2. The granting of the variance is not necessary for the preservation and enjoyment of a substantial property right possessed by property owners in the same zone or vicinity, as the use of this property can satisfy the requirements of the R-4 Zoning District.
3. No unique circumstances have been demonstrated that would prevent the use of the property as intended.
4. The circumstances are self-created by the property owner in the form of the applicant's desire to keep and raise chickens on a lot lesser in size than one acre, which does not meet City Ordinance requirements.
5. The granting of the variance would be materially detrimental to the public welfare or materially injurious to the property in such Zoning District in which the property is located by establishing a precedent that could be cited to support similarly unwarranted variances in the future.
6. The granting of the variance would also be detrimental to the public health and it is a proven fact that chickens easily carry diseases and, therefore, are health hazards.