Zoning Board of Appeals Minutes
CHARTER TOWNSHIP OF BLOOMFIELD
ZONING BOARD OF APPEALS
Minutes of Tuesday, February 8, 2005 at 7:00 P.M.
Bloomfield Township Hall
I. ATTENDANCE:
PRESENT: Board Members Dan Devine, Lisa Seneker, Jane
Reisinger, James Aldrich, Robert Taylor,Vice Chairman Corrine Khederian
ABSENT: Chairman Brian Kepes
STAFF PRESENT: Patricia McCullough, Planning and Building
Director, Kaye Chartier, Code and Ordinance Director, Robin Carley, Planning
Secretary, and Kathy Davis, Building Department Secretary
II. APPROVAL OF
ZONING BOARD MINUTES:
A. Approval of the Zoning Board of Appeals
Minutes of January 11th, 2005.
Ms. McCullough, Planning and Building Director, made
mention that upon further review of item #1, 7357 Greenwich J. Bergmann, that
there was an inconsistency found on page 5. The Board was provided a revised
paragraph to read as follows The Board discussed the existing condition of the
property and the following motion ensued. Ms. McCullough asked the Board to
consider this amendment as part of their approval of the minutes.
Motion by Ms. Seneker
Seconded by Ms. Reisinger to approve the January 11, 2005,
minutes as amended.
Motion carried, 6 0.
III. APPEALS:
TABLED ITEMS
(1-T) 775 E. Valley Chase V. Jackson (Withdrawn at
petitioners request)
NEW ITEMS
(1) 1015 Waddington S. Lewis
Mr. & Mrs. Steven Lewis, homeowners, were present seeking
an approval for a 7.5-foot encroachment into the required 16-foot southerly side
yard setback for the construction of a single story addition for Lot 138, Judson
Bradways Bloomfield Village, Section 26. The existing home is currently
nonconforming. Article XV, Section 1502 of Zoning Ordinance No. 265 states that
nonconformities shall not be enlarged upon, expanded or extended.
(19-26-154-008)
Mr. Lewis addressed the Board indicating that this is an
existing structure, a proposed sunroom to be framed in with windows. The home
is a 1932 Tudor, which currently is nonconforming.
Mr. Devine questioned the petitioner if the proposed
variance request was not in compliance with the Township Ordinance would it be
unduly burdensome.
Mr. Lewis replied that given the structure currently
exists, if it was to be framed in, it would allow for seasonal use.
Mr. Devine questioned the petitioner whether granting the
variance would cause any injustice in your opinion to the adjoining neighbors.
Mr. Lewis replied that he had spoke to Mr. Richard
Partrich, resident at 1053 Waddington, neighbor to the north of the petitioner,
and indicated that Mr. Partrich was in support of the variance request.
Mr. Devine questioned the petitioner in his opinion would
this request involve unique circumstances knowing that the home is currently
nonconforming.
Mr. Lewis replied that the existing porch was
deteriorating and was in need of repair at the time the home was purchased.
During the time of the construction for an addition to the home, the porch was
replaced with hopes that the sunroom could be enclosed.
Mr. Devine questioned the petitioner whether the problem
is not self-created or is the petitioner is attempting to solve the
problem.
Mr. Lewis replied that was correct.
Mr. Taylor questioned whether subdivision association
approval was granted.
Ms. McCullough, Planning and Building Director, replied
that a letter was submitted from Mr. Larry Nutson, Manager of Judson Bradway
Bloomfield Village, in support of the variance request as submitted.
Motion by Mr. Devine, Seconded by Mr. Aldrich in regard
to the appeal at 1015 Waddington that the variance be granted as requested.
Based on the information presented, the petitioner intends to enclose the
existing porch, which is presently non-conforming and is going to stay within
the existing plane of the house. To require the petitioner to move the walls in
would be unduly burdensome. It causes no injustice to the adjoining neighbors.
The site is unique in that the side lot lines are not square to the street, and
was not self-created.
Motion carried, 6 0.
(2) 4717 Heather Lane J. Grossman
Mr. Joel Grossman, homeowner, was present seeking approval
for an existing accessory structure, a 20 x 11 x 10 high tent, located in a
side yard less than 16-feet from the northerly side property line for Lot 81,
The Braes of Bloomfield No. 1, Section 30. Article XV, Section 1503 of Zoning
Ordinance No. 265 states that accessory structures shall not be erected in any
required yard, except a rear yard, that no detached accessory structure shall be
located closer than 16-feet to any side or rear lot line and that all accessory
structures shall be subject to the review and approval of the Zoning Board of
Appeals. (19-30-376-018)
Mr. Grossman addressed the Board indicating that he
received a violation notice from the Code and Ordinance Department. Mr.
Grossman indicated that the tent had been in place for 3 years and is screened
with trees that are 50 years old and asked the Board for it to remain on site
until May 1, 2005. Mr. Grossman indicated that the subdivision association is
inactive.
Ms. Seneker questioned if a permanent structure, a garage
addition was being planned by the petitioner.
Mr. Grossman replied that plans are currently being
prepared, however he is having issues with the location of the septic field and
has intensions to precede once the ground has thawed.
Mr. Taylor asked about the material that is currently being
stored within the tent and what would happen to these items after the tent is
removed.
Mr. Grossman replied that the material on the pallet would
be placed at other locations on his property.
Ms. Gloria Katz, resident at 4700 Heather Lane, was present
and indicated that she lives directly across the street from the petitioner.
Ms. Katz commented that the tent has been in place for 3 years and has been an
eye sore. Ms. Katz made mention that she had no issue with the tent remaining
on site until May 1, 2005.
Mr. Harlan Kifer, resident at 4721 Heather Lane, was
present and made mention of his letter dated January 30, 2005, that he submitted
to the Board in reference to the tent. Mr. Kifer indicated that he thought the
structure was temporary but ended up being there for 3 years. Mr. Kifer made
mention that he had an agreement with Mr. Grossman that the tent would be
removed by May 1, 2005.
Motion by Mr. Devine, Seconded by Mr. Taylor in regard to the appeal at 4717
Heather Lane that the variance request for the accessory structure, a tent, be
denied as submitted and the applicant to remove the accessory structure, a tent,
by May 1, 2005. Based on the information presented, regarding the accessory
structure, a 20 x 11 x 10 high tent located in a side yard, the nature,
location, size and site layout of the accessory structure shall not be
harmonious to the district. Given the testimony of the neighbors, it appears
that the applicant cannot satisfy this criteria.
Motion carried, 6 0.
(3) 1496 Sodon Lake J. Fischgrund
Mr. Jeff Fischgrund, homeowner, was present seeking
approval for existing accessory structures, two air conditioner condensing
units, located immediately adjacent to the residential building behind an
existing brick wing wall in a front yard, more than 40-feet from Sodon Lake
frontage for Lot 30, Bloomfield Heights No. 1, Section 20. Article XV, Section
1503 of Zoning Ordinance No. 265 states that ground mounted mechanical or
electrical equipment shall be placed in any side or rear yard. (19-20-126-019)
Motion by Mr. Taylor, Seconded by Mr. Devine in regard to
the appeal at 1496 Sodon Lake that the variance for the two air conditioning
units be granted as requested. Based on the information presented, the
petitioner did demonstrate that compliance would be unduly burdensome, no
injustice to the adjoining neighbors, given the unique circumstances with the
property if the units were in the rear the sound would echo across the lake, and
it is not self-created given that construction of the property necessitated the
location. Also provisions of Zoning Ordinance Section 1804 has been met
regarding the accessory structures, and the units are to comply with the Noise
Ordinance.
Motion carried, 6 0.
(4) 1331 N. Cranbrook B. Brice
Mr. Jeff Meads of Templeton Building Compnay, was present
seeking approval for an accessory structure, a 38.8 x 20 x 13.8 high cabana,
located in a rear yard more than 16-feet from side and rear lot lines for Lot 5,
Judson Bradways Bloomfield Village, Section 26. Article XV, Section 1503 of
Zoning Ordinance No. 265 states that accessory structures shall not be erected
in any required yard, except a rear yard, and that all accessory structures
shall be subject to the review and approval of the Board of Appeals.
(19-26-101-009)
Motion by Mr. Taylor, Seconded by Ms. Reisinger in regard
to the appeal at 1331 N. Cranbrook that the variance for a cabana structure be
granted as requested. Based on the information presented, given that it does
comply with the standards of the
Zoning Ordinance Section 1804, the size, location, layout,
use, and the nature of the accessory structure are not objectionable. As
indicated, it will not interfere with the quite enjoyment of the adjoining
properties.
Motion carried, 6 0.
(5) 1130 Timberlake R. Elkus
Mr. Robert Elkus, homeowner, was present seeking approval
for accessory structures, a 7.6 x 7.6 x 3.2 above grade hot tub and an
existing 15.5 x 6.5 x 8 high trellis, located in a side yard on a replacement
deck more than 54-feet from the southerly side property line for Lot 92, Lone
Pine Road Estates, Section 21. Article XV, Section 1503 of Zoning Ordinance No.
states that accessory structures shall not be erected in any required yard,
except a rear yard and that all accessory structures shall be subject to the
review and approval of the Board of Appeals. (19-21-326-007)
Mr. Elkus addressed the Board with the history of the
project indicating that Kyle Builders, obtained a permit for a replacement deck
but the project was ceased when the inspector noted that the hot tub and trellis
were not part of the approved plans. The hot tub will be placed on a concrete
slab, which is located in the middle of the deck.
The trellis consists of 8-foot high composite wood posts to
hold a hammock when spring arrives. Mr. Elkus provided pictures to the Board
and described in detail that the surrounding area is screened from view of his
neighbors. Mr. Elkus submitted the subdivision approval letter to the Board.
Ms. Seneker questioned whether there would be anything
added to the trellis or the hot tub.
Mr. Elkus replied the trellis would remain as is with a
hammock to be added in the spring and the hot tub would have a retractable
locking cover.
Motion by Mr. Aldrich, Seconded by Ms. Reisinger in regard to the appeal at
1130 Timberlake that the variance be granted for the accessory structures, a hot
tub and trellis as requested. Based on the information presented, regarding the
location, size, and use of the accessory structure, the location and height of
the structure would not hinder or discourage the adjacent use of the property.
The nature, location, size and site layout of the accessory structure would not
be objectionable to nearby residents. And for the side yard location of the
accessory structures be granted as requested. Based on the information
presented, compliance would be unduly burdensome with no injustice to the
adjoining neighbors. These are unique circumstances with the property, and it
is not self-created.
Motion carried, 6 0.
(6) 2405 Telegraph Chrysler Realty Corporation
Mr. Frank Martin, Architect with Dorch & Martin Associates,
was present seeking approval for two 10 x 50 high flagpoles for the primary
purpose of displaying an 8 x 12 United States and an 8 x 12 State of
Michigan flag located in the boulevard entranceway, Telegraph Road frontage, for
Acreage Parcel, Section 5. The first pole is to be located 85-feet from the
front property line and the second at 113-feet from the front property line.
Article XV, Section 1512 of Zoning Ordinance No. 265 allows one flagpole that
does not exceed 30-feet in height. The flag hoist (height) shall not exceed
twenty percent of the flagpole height and the flag fly (length) shall not exceed
twenty-five percent of flagpole height (6 H x 7.5 L flag). (19-05-476-093)
Mr. Martin addressed the Board with pictures of the
proposed site and referred to the site plan. This site is 13 acres with an
80,000 square foot building under construction for the new Chrysler, Dodge, Jeep
and Jeep Truck multi-brand dealership. The first flag would be set back from
the property line of Telegraph Road approximately 85-feet. Given the scale of
the property and the structure size, the one 30-foot high flagpole would be
inappropriate to the scale of this project. Mr. Martin also made mention of the
entrance. When traveling south bound from Square Lake and Telegraph Road, the
south property line is approximately 10-11-feet higher than the entrance where
the building is located.
Mr. Martin suggested that the entrance boulevard with an
American flag and the State of Michigan flag, at the proposed height, would be
appropriate in this area.
Mr. Devine commented that the compliance with the
Township Ordinance would be unduly burdensome as presented. It would appear
that showcasing the dealership facility in proximity to the World Head Quarters
would be the template of the Chrysler Dealerships into the future and is setting
the stage as an American auto dealership in the State of Michigan. It conveys
the message that showcasing the product line as well as Chrysler taking pride in
operating in the State of Michigan and the United States.
Mr. Taylor questioned Ms. Patti McCullough, Planning and
Building Director,on how close could a flagpole be placed to Telegraph Road.
Ms. McCullough referenced that the flagpole may be
setback from the property line the distance equal to the flag fly or the flag
length.
Ms. Reisinger commented that having two flags and two
flagpoles for this site would be appropriate for this new development and
boulevard entrance.
Motion by Mr. Devine, Seconded by Mr. Taylor in regard to
the appeal at 2405 Telegraph that the variance be granted as requested. Based
on the information presented, the petitioner has demonstrated that compliance
would be unduly burdensome, given the entrance boulevard is lower than the south
property line. There is no injustice to the adjoining properties, with the
unique circumstances with the property. Given the property slopes in all
directions, the nature is not self-created.
Motion carried, 6 0.
(7) 3467 Greentree K. Lorenzetti (Item withdrawn at
the petitioners request)
Mr. Jeff Meads of Templeton Building, was present seeking
approval to add kitchen and bathroom facilities to a previously approved
accessory structure, a 42 x 20 x 14 high shed, located in a front yard, East
Long Lake and Greentree Road frontage for Lots 70, 71, 48 and Part of Lot 49,
Supervisors Plat of Eastover Farms, Section 12. Article XV, Section 1503 of
Zoning Ordinance No. 265 states that accessory structures shall not be erected
in any required yard, except a rear yard and that all accessory structures shall
be subject to the review and approval of the Board of Appeals. (19-12-476-014;
016; 017)
Mr. Meads addressed the Board indicating that the
property owner had informed him at 7:00 PM, that they would like to withdraw
their request pending further design and use modifications.
III. GENERAL BUSINESS
A. Election of Officers:
Motion by Ms. Reisinger
Seconded by Ms. Seneker to nominate Corrine Khederian to serve as Chairman
for the next year.
Motion by Ms. Seneker
Seconded by Mr. Aldrich to nominate Jane Reisinger to serve as Vice Chairman
for the next year.
Motion by Mr. Devine that nominations be closed and an unanimous consent be
granted and adopted for both the Chair and Vice Chair positions.
Seconded by Mr. Aldrich
Motion carried, 6 0.
Chairman Ms. Khederian made mention to the Board that she had spoke to Mr.
Brian Kepes, previous Chairman, and he was very supportive of her candidacy and
indicated that the vote for new nominations should take place this month or next
month and left the decision up to her to make the determination.
. Next Zoning Board
Meeting March 8th, 2005
C. Board Discussion
Ms. Patti McCullough, Planning and Building
Director, addressed the Board and made mention of the items before them as
reference material in developing motions. Included in the packet were minutes
from the City of Birmingham and also from Farmington Hills. Reviewing these
minutes would give the Board an idea of how motions are made in other
communities that are also addressing the tests of practical difficulty required
for dimensional variances. Ms. McCullough indicated that the information
provided would help with guidance in making comments of approval or denial of
the motion for the four tests of practical difficulty.
V. ADJOURNMENT
Respectfully submitted,
Patricia McCullough, Director
Planning and Building Department
Home |
Government |
Services |
Community |
Current Events |
Resources
Contact Us |
E-mail List |
Forms
Still can't find what you're looking for?
Use our comprehensive Search or
Site Map pages!
Charter Township of Bloomfield
4200 Telegraph Road
P.O. Box 489
Bloomfield Hills, MI 48303-0489
248.433.7700
This site is best viewed in Internet Explorer
5.5 or higher and Netscape 6.0 or higher.
Having trouble accessing our site forms?
Your browser may not have the Acrobat Reader plug-in
that is required.
Click here to download a free copy of this software.
Site Design/Development
by
Proudly serving our community online since
1999.
Named #1 Township Website in Michigan by Cyber-state.org
Site Use
Policy
All information © 2008 Bloomfield
Township, Michigan
|
