Zoning Board of Appeals Minutes
CHARTER TOWNSHIP OF BLOOMFIELD
ZONING BOARD OF APPEALS
Minutes of
Tuesday, April 12, 2005
Bloomfield Township Hall
I. ATTENDANCE:
PRESENT: Board Members Bob Taylor, Brian Henry, Dan Devine, Larry Smith,
James Aldrich, Chairman Jane Reisinger
ABSENT: Corrine Khederian, Lisa Seneker, Brian Kepes
STAFF PRESENT: Patricia
McCullough, Planning and Building Director, Kaye Chartier, Code and Ordinance
Director, Brenda Schlutow, Code and Ordinance Officer, Robin Carley, Development
Coordinator, and Kathy Davis, Building Department Secretary
II. APPROVAL OF ZONING BOARD MINUTES:
Approval of the Zoning Board of Appeals Minutes of March 8th,
2005.
Motion by Mr. Taylor, Seconded by Mr. Aldrich in regard to the Minutes of
March 8th, 2005 to approve the minutes as written.
Motion carried, 6 – 0.
III. APPEALS:
TABLED ITEMS
(1) 5755 Monterey – M. Samberg
Mr. Michael Samberg, homeowner, was present seeking approval for an accessory
structure screened with evergreen plantings, a 14.5’ x 10’ x 7’ high pool house,
located 2-feet from the northerly rear lot line and more than 16-feet from the
side lot lines in the northwesterly corner of Lot 138 and Part of Lot 139,
Foxcroft No. 3, Section 29. Article XV, Section 1503 of Zoning Ordinance No. 265
states that accessory structures shall not be located closer than 16-feet to any
side or rear lot line and shall be subject to the review and approval of the
Board of Appeals. (19-29-252-019)
Mr. Samberg addressed the Board with revised drawings that reflect a 14.5’ x
10’ x 7’ high pool house, located 2-feet from the northerly rear lot line to be
screened with evergreen plantings. Mr. Samberg presented letters to the Board
from neighbors in support of the proposed accessory structure.
Mr. Devine questioned the location in relation to the rear lot line and the
maximum height of the accessory structure.
Mr. Samberg replied that the existing location of the accessory structure is
approximately 2-feet from the existing farm fence. The existing location housed
the piping, electrical, and mechanicals for the pool are incorporated in the
concrete below the base of this structure. The maximum height to the ridge would
be 7-feet.
Motion by Mr. Devine, Seconded by Mr. Taylor in regard to the appeal at 5775
Monterey for an accessory structure, a 14.5’ x 10’ x 7’ high pool house, to be
screened with evergreens, that the variance be granted as requested. Based on
the information presented, the petitioner did demonstrate the compliance would
be unduly burdensome; no injustice to the adjoining neighbors, given unique
circumstances with the property, the existing location of the accessory
structure, and it is not self-created given that the former structure was there
for over forty years. The petitioner has also complied with Section 1804
standards, given the location and size of the accessory structure, a pool house.
The use of the accessory structure is common within the surrounding area. The
location and height of the accessory structure will not hinder the adjacent use
of the property. The pool house is harmonious to the district, and shall not be
objectionable to nearby residents by reason of noise, fumes, lights, interfere
with adequate supply of light and air, nor increase the danger of fire or
general public safety.
Motion carried, 6 – 0.
NEW ITEMS
(1) 5720 Kilbrennan – S. Babcock
Mr. Terry Wolfer of Outdoor Ingenuities, was present seeking approval for an
accessory structure, an above ground hot tub, located within a proposed deck in
a side yard more than 16-feet from the easterly side lot line and more than
35-feet from the rear lot line. Also seeking approval for the installation of a
6-foot high privacy fence screened with plantings, located in front and side
yards enclosing the proposed deck for Lot 155, The Braes of Bloomfield, Section
30. Article XV, Section 1503 of Zoning Ordinance No. 265 states that all
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. Article XV, Section 1510 of Zoning Ordinance
No. 265 states fences in a residential district must be located in a
required side or rear yard and shall not exceed 4-feet in height.
(19-30-103-009)
Mr. Wolfer addressed the Board with the request of an accessory structure, an
above ground hot tub, to be located within a proposed deck in a side yard more
than 16-feet from the easterly side lot line and more than 35-feet from the rear
lot line. Also seeking approval for the installation for a 6-foot high privacy
fence screened with plantings, located in front and side yards enclosing the
proposed deck.
Ms. Reisinger made mention of a letter received from the neighbors that were
in approval of the hot tub and the 6-foot high privacy fence.
Motion by Mr. Aldrich, Seconded by Mr. Devine in regard to the appeal at 5720
Kilbreannan that the variance for the accessory structure, an above ground hot
tub, located within a proposed deck in a side yard accompanied with a 6-foot
high privacy fence to be screened with plantings, located in front and side
yards enclosing the proposed deck 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, given that the location of the deck is on the
side yard, and it is not self-created. Also the nature, location, size and site
layout of the accessory structure shall not be objectionable to nearby residents
by reason of noise, fumes, lights, or interfere with adequate supply of light
and air. No increase of danger of fire or general public safety.
Motion carried 6 – 0.
(2) 3727 Franklin Road – C. Soberman
Mr. Charles Soberman, homeowner, was present seeking approval for the
construction of an accessory structure, a 12’ x 16’ x 10.7’ high gazebo, located
3-feet from the road right-of-way, Franklin Road frontage, for Parcel "B" as
part of ownership of 3727 Franklin Road, Part of Lot 10, Supervisor’s Plat No.
3, Section 17. 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 shall require review and approval from the Zoning Board of Appeals.
(19-17-276-034)
Mr. Soberman was present and presented the Board with three neighbors
signatures that granted approvals and provided a panoramic photo that would give
an idea of what the proposed accessory structure, a gazebo would look like. Mr.
Soberman also submitted subdivision association approval to the Board. The
structure would be placed approximately 45-feet from the waters edge, 30-feet
from Franklin Road, and more than 16-feet from the adjacent property line.
Mr. Devine questioned would this structure have lighting.
Mr. Soberman replied that there would be moderate lighting within the
structure during the evening hours. The lights would be turned off when not in
use.
Motion by Mr. Taylor, Seconded by Mr. Smith in regard to the appeal at 3727
Franklin Road that the variance for the construction of an accessory structure,
a 12’ x 16’ x 10.7’ high gazebo, located 3-feet from the road right-of-way,
Franklin Road frontage, 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 unique circumstances
with the property, and it is not self-created. Also, the nature, location, size
and site layout of the accessory structure shall not be objectionable to nearby
residents by reason of noise, fumes, lights, or interfere with adequate supply
of light and air. No increase of danger of fire or general public safety.
Motion carried 6 – 0.
(3) 105 Hadsell Dr. – Bing Construction
Mr. Mark Miller of Bing Construction, was present seeking approval for a
temporary sales office use, for approximately 24 months, within a model home
located on Lots 49 and 50, Hadsell’s Addition to Bloomfield Highlands, Section
4, during construction of the subdivision. Article II, Section 201 of Zoning
Ordinance No. 265 allows for a temporary use or building during periods of
construction, with the approval of the Board of Appeals. (19-04-253-037)
Mr. Miller addressed the Board with a request for a use of a temporary sales
office for approximately 24 months, located within a model home on lots 49 and
50 of Hadsell’s Addition to Bloomfield Highlands. The temporary sales office
would remain during construction of the subdivision.
Mr. Henry questioned would a sign be required.
Mr. Miller replied that a sign would be posted indicating the sales office
and business hours.
Mr. Henry questioned the sign location and size of the sign.
Mr. Miller replied that the placement of the sign would be immediately
adjacent to the home and the size of the sign would comply with the Township
Sign Ordinance.
Motion by Mr. Devine, Seconded by Mr. Aldrich in regard to the appeal at 105
Hadsell Drive for the accessory use for a temporary sales office, for a period
not to exceed 24 months from today’s date, within a model home located on Lots
49 and 50, Hadsell’s Addition to Bloomfield be approved as submitted. Part of
the motion to include the temporary signage, if the signage exceeds the Township
Ordinance the petitioner would need to return to the Zoning Board of Appeals to
address the sign.
Motion carried, 6 – 0.
(4) 293 Westwood Dr. – L. Halip
Mr. Leon Halip, homeowner, was present seeking approval for a 5.8-foot
encroachment into the required 40-foot front yard setback for the construction
of a single story covered porch addition for Lot 692 and Part of Lot 693, Judson
Bradway’s Bloomfield Village No. 3, Section 26. The existing home is currently
non-conforming. Article XV, Section 1502 of Zoning Ordinance No. 265 states that
non-conformities shall not be enlarged upon, expanded or extended.
(19-26-376-007)
Mr. Halip addressed the Board with a single story covered porch addition to
his residence that would require a 5.8-foot encroachment into the required
40-foot front yard setback. The existing footprint will remain the same with the
single story porch addition to cover over the existing footings. Mr. Halip
indicated that subdivision association approval has been granted.
Motion by Mr. Aldrich, Seconded by Mr. Taylor in regard to the appeal at 293
Westwood Drive that the variance for the 5.8-foot encroachment into the required
40-foot front yard setback for the construction of a single story covered porch
addition 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 given the footings are existing, and it is not self-created.
Motion carried, 6 – 0.
(5) 316 Woodedge – D. McDonald
Seeking approval for an existing accessory structure, a stand-by generator
partially screened with plantings, located in a side yard 7.5-feet from the wall
of the residential building and 11-feet from the southerly side lot line for Lot
43, Hickory Grove Hills Subdivision, Section 10. Article XV, Section 1503 of
Zoning Ordinance No. 265 states that ground-mounted mechanical or electrical
equipment shall be placed immediately adjacent to the residential building,
shall not be located in the required 16-foot side yard setback, shall be
screened from view through the use of evergreen plant material at least the
height of the equipment and located at the point of placement of the equipment.
(19-10-279-001)
Motion by Mr. Taylor, Seconded by Mr. Devine to table the appeal at 316
Woodedge to the May 10th, 2005 meeting.
Motion carried, 6 – 0.
(6) 3120 South Boulevard – Auto City Properties/Ronnisch Construction
Mr. David Burney of Ronnisch Construction, was present seeking approval for
an existing accessory structure, a 8’ x 30’ x 10’ high temporary job site
trailer to be located on-site from March 2005 through July 2005, located on the
northeasterly corner of the site along the South Blvd. frontage (West of
Burlington Bloomfield Plaza) on the vacant Acreage Parcel, Section 1. 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. (19-01-101-005)
Mr. Burney addressed the Board and indicated that Ronnisch Construction is
the General Contractor on site of the Fifth Third Bank project. Mr. Burney
requested for an existing accessory structure, a 8’ x 30’ x 10’ high temporary
job site trailer to remain on-site from March 2005 through July 2005, which is
placed on the northeasterly corner of the site along South Boulevard frontage. A
variance was previously granted on November 9, 2004, which allowed the temporary
job site trailer to remain on site from September 2004 through December 2004.
Motion by Mr. Devine, Seconded by Mr. Taylor in regard to the appeal at 3120
South Boulevard that the variance for the existing accessory structure, a 8’ x
30’ x 10’ high temporary job site trailer to be located on-site from March 2005
through July 2005 be granted as requested. Based on the information presented,
the petitioner did demonstrate that compliance would be unduly burdensome; no
injustice to the adjoining properties, unique circumstances of the property, and
it is not self-created. As an accessory structure, the location and size and
site layout of the accessory structure will be harmonious to the district, the
accessory structure shall not be objectionable to nearby residents by reason of
noise, fumes, lights, or interfere with adequate supply of light and air. No
increase of danger of fire or general public safety.
Motion carried, 6 –0.
(7) 5374 Vincennes Dr. – J. Hadus
Mr. John Hadus, homeowner, was present seeking approval to construct an
accessory structure, a 31’ x 16’ x 10.5’ high pergola, located in the westerly
rear yard more than 16-feet from the side and rear property lines for Lot 25,
Bloomfield Square Subdivision No. 1, Section 19. Article XV, Section 1503 of
Zoning Ordinance No. 265 states that accessory structures shall require the
review and approval of the Zoning Board of Appeals. (19-19-356-006)
Mr. Hadus addressed the Board with a request for an accessory structure, a
31’ x 16’ x 10.5’ high pergola, the structure would be constructed of treated
wood material painted white to match the existing residence.
Mr. Henri Brenton, homeowner, at 5335 Hollow Drive was present and spoke in
favor of the accessory structure.
Motion by Mr. Henry, Seconded by Mr. Taylor in regard to the appeal at 5374
Vincennes Drive that the variance an accessory structure, a 31’ x 16’ x 10.5’
high pergola, located in the westerly rear yard be granted as requested. The
location, size and use of the pergola are consistent with the residential
structure. The use of the structure is harmonious to the district. The location
and height of the structure do not hinder the adjacent use of the property. The
nature, location, size and site layout shall not be objectionable to nearby
residents by reasons of: noise, fumes, lights, interfere with adequate supply of
light and air, nor increase the danger of fire or general public safety.
Motion carried, 6 – 0.
(8) 3915 Oakland – D. Marinaro
Mr. Todd Bergsman of Hunter Roberts Homes, was present seeking approval for
the construction of a 6-foot high temporary utility chain link fence with two
(2) 20-foot gates during construction of the proposed new residential building,
located along the perimeter of the property, along Oakland Drive frontage,
within front yard setbacks for Lot 124, Oakland Hills Country Club, Section 33.
Article XV, Section 1510 of Zoning Ordinance No. 265 states that fences in a
residential district must be located in a required side or rear yard and shall
not exceed 4-feet in height. (19-33-177-006; 007)
Mr. Bergsman addressed the Board with a request for a 6-foot high temporary
utility chain link fence with two 20-foot gates during construction of the new
residential building. Mr. Bergsman indicated that the fence would make a tidier,
more attractive work site and a safer area for everyone. The fence would be
placed on site at the beginning of the construction process and will be removed
at the conclusion of the construction.
Ms. Reisinger made mention of a letter received from Ms. Nancy Kornfield,
resident at 3948 Mount Vernon Drive, that was in support of the variance request
and the new home.
Ms. Kornfield also indicated the site has standing water that attracts swarms
of mosquitoes.
Ms. Reisinger indicated that the Hold Harmless Agreement regarding the "Gate
Restricting Access" has been filed with Oakland County that would allow entry
for public safety reasons.
Motion by Mr. Taylor, Seconded by Mr. Aldrich in regard to the appeal at 3915
Oakland that the variance for the construction of a 6-foot high temporary
utility chain link fence with two (2) 20-foot gates during construction of the
proposed new residential building 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 unique
circumstances with the property, and it is not self-created.
Motion carried, 6 – 0.
(9) 3559 Burning Bush – J. Gooch
Mr. Todd Bergsman of Hunter Roberts Homes, was present seeking approval for
the construction of a 4-foot high temporary utility chain link fence with a
20-foot gate during construction of the proposed new residential building,
located along the perimeter of the property, along Burning Bush frontage, within
front yard setbacks for Lot 885 and Part of 886, Judson Bradway’s Bloomfield
Village, Section 27. Article XV, Section 1510 of Zoning Ordinance No. 265 states
that fences in a residential district must be located in a required side or rear
yard. (19-27-303-003)
Mr. Bergsman addressed the Board with a request for a 4-foot high temporary
utility chain link fence with a 20-foot gate during construction of the proposed
new residential building. Mr. Bergsman indicated that the fence would make a
tidier, more attractive work site and a safer area for everyone. The fence will
be placed on site at the beginning of the construction process and will be
removed at the conclusion of the construction.
Ms. Reisinger made mention of the Hold Harmless Agreement regarding the "Gate
Restricting Access" has been filed with Oakland County that would allow entry
for public safety reasons.
Ms. Reisinger indicated that subdivision association approval has been
granted.
Motion by Mr. Devine, Seconded by Mr. Aldrich in regard to the appeal at 3559
Burning Bush that the variance for the construction of a 4-foot high temporary
utility chain link fence with a 20-foot gate during construction of the proposed
new residential building be granted as requested. Based on the information
presented, the petitioner did demonstrate that compliance would be unduly
burdensome; given the fence would act as a protective barrier, there is no
injustice to the adjoining neighbors, given the subdivision association approval
was granted, unique circumstances of the property, given it is a new
construction home, and it is not self-created.
Motion carried, 6 – 0.
(10) 5555 Crabtree Road – D. Ladd
Mr. David Ladd, homeowner, was present seeking approval for a 4-foot
encroachment into the required 16-foot side yard setback for the construction of
a single-story addition in the easterly side yard for Lot 209, Foxcroft No. 4,
Section 29. Article XIV, Section 1400 of Zoning Ordinance No. 265
requires a minimum of 16-feet in the side yard setback. (19-29-227-004)
Mr. Ladd addressed the Board with the 4-foot encroachment request into the
required 16-foot side yard setback for a 4-foot x 8.5-foot single-story
addition. The addition would incorporate a tub for medical reasons. Mr. Ladd
indicated that the existing two bathrooms would not allow for this tub.
Motion by Mr. Henry, Seconded by Mr. Aldrich in regard to the appeal at 5555
Crabtree Road that the variance for the 4-foot encroachment into the side yard
setback for the construction of a single-story addition in the easterly side
yard be granted as requested. Based on the information presented, the petitioner
did demonstrate that compliance would be unduly burdensome; given the existing
bathrooms would not allow for a tub, no injustice to the adjoining neighbors,
given the unique circumstances with the property, given that the two existing
bathrooms are side-by-side would not allow for a tub, and it is not
self-created.
Motion carried, 6 – 0.
(11) 3530 Franklin Road – D. Ebert Item withdrawn at petitioner’s request
Seeking approval to retain the following on-site features after demolition of
the existing home in preparation for a new residential building. Also seeking
approval for the construction of new accessory structures for Lot 1, Forest Park
Estates, Section 17:
(1) To construct stone retaining walls with an overall height of 9-feet,
located on and along part of the south property line, within the required
16-foot side yard setback, to allow a method of egress from the finished
basement as a walkout on the south side of the property.
(2) The existing stone retaining walls with an overall height of 8.5-feet,
located in a rear yard.
(3) The existing stone retaining wall with an overall height of 4-feet,
located in a rear yard.
(4) Two existing (2) stone retaining walls with an overall height of
3.5-feet, located 7-feet from the water’s edge.
(5) The existing stone stairway along the existing slope leading from the
proposed patio to the existing pump house.
(6) An existing stonewall with an overall height of 2.5-feet, an existing
wood lattice fence with an overall height of 6.4-feet and an existing chain
link fence with an overall height of 4-feet, located in front, side and rear
yards along the entire northerly property line.
(7,8) The existing stone column/iron wall with two (2) entrance pillars and
a gate with an overall height of 7.1-feet, located on private property at the
proposed driveway entrance along the easterly lot line, Franklin Road
frontage.
(9) The existing 8.8’ x 15.8’ x 8’ high pump house setting on an existing
retaining wall, located in a rear yard 5-feet from the water’s edge and
11-feet from the northerly side property line.
(10) To construct a 4.5-foot high stone column/iron wall in like sections
for the purpose of completing the space vacated by the removal of the detached
garage, located on private property along the easterly property line, Franklin
Road frontage.
(11) No variance required, this item is for informational purposes only to
depict the total rear yard grading.
(12) For the construction of an elevated patio, which includes a stonewall
with an overall height of 14-feet, located in a rear yard immediately adjacent
to the rear of the new home.
Article II, Section 201 of Zoning Ordinance No. 265 defines accessory
use/structure as a use, which is clearly incidental to, customarily found in
connection with, and located on the same zoning lot as, the principal use to
which it is related. Article XV, Section 1503 of Zoning Ordinance No. 265 states
that an accessory use/structure shall not be located closer than sixteen (16)
feet to any side or rear lot line and shall require the review and approval from
the Zoning Board of Appeals. Article XV, Section 1517 of Zoning Ordinance No.
265 requires a 25-foot setback from the boundary or edge of a wetland. Article
XV, Section 1510 of Zoning Ordinance No. 265 states that fences in a residential
district must be located in a required side or rear yard and shall not exceed
4-feet in height. (Douglas Ebert, 3530 Franklin Road, 19-17-276-001)
(12) 6201 Adams Road North – City of Detroit
Mr. Thomas Duncan of Detroit Contracting Inc., was present seeking approval
to replace or repair sections of the existing fence with an 8-10’ high
industrial security chain link fence, located on private property, complete with
security gates, outriggers, barbwire, top mounted helical razor wire and able to
support a fence sensor system for Acreage Parcel, Section 1, the Adams Road
Pumping Station. Article XV, Section 1510 of Zoning Ordinance No. 265 states
fences on all lots of record in all residential districts which enclose
property, shall not exceed 4-feet in height, shall not extend to the front of
the lot, shall not contain barbed wire, electric current or charge of
electricity. This request has been submitted due to Homeland Security issues.
(19-01-401-002, 19-01-604-001)
Mr. Duncan addressed the Board and indicated since the "911" incident the
Detroit Water & Sewer Division has tightened up on Homeland Security
relating to their water utility facilities. Mr. Duncan also indicated that Adams
Woods Community Association has granted approval for the proposed fence.
Mr. John Kevich, of the Detroit Water & Sewer Division, was present and
spoke in regards to the Homeland Security issue that would require the fence to
meet the national standards for Michigan AWWA (American Water Works
Association), as well as the security of water facilities, which both require a
minimum of an 8-foot high galvanized steel chain link fence with barb wire on
top. Mr. Kevich made mention that the helical razor wire would not be installed
as requested.
Mr. Kevich addressed the Board with the agreement between the City of Detroit
Water & Sewer Division and Adams Woods Community Association. A letter was
submitted and filed with the Planning Department from Adams Woods Community
Association, dated April 11, 2005, indicating the requirements with an addendum
made to item #2 indicating to the number, size, species, and location of the
trees will be subject to the approval of the Adams Woods Community Association.
Mr. Kevich indicated that this is not a treatment facility; however, it is
used for pumping water to the community. This facility contains a 10 million
gallon reservoir as well as a pumping station and also a retention pond that is
designed to capture the over flow from the reservoir to help elevate drainage
issues.
Mr. Devine asked would a sensor system be installed.
Mr. Duncan indicated that a sensor system would be installed.
Mr. Aldrich questioned are the security requirements mandated by Homeland
Security.
Mr. Kevich replied that an assessment was performed on the site and a
recommendation was requested to upgrade this facility for safeguard reasons.
Mr. Henry questioned would the proposed fence be continuous around the
property.
Mr. Duncan replied that the fence would be of galvanized steel, chain link,
black vinyl, 8-foot in height, with barbwire on top for security of the water
facilities. This fence will be place on private property, completely screened
from view as indicated on the landscape plans.
Mr. Donald Brownell, officer of Adams Woods Community Association, was
present and spoke in relation of the Adams Road Pumping Station. Mr. Brownwell
indicated that the facility was constructed 15 years ago, which at that time a
compromise between the City of Detroit and Adams Woods Association regarding the
details of the fence and the landscaping requirements were established and have
been maintained.
Ms. Shirley Peterson, resident at 1380 Bramble Bush, was present and
questioned the location of the proposed 8-foot high fence.
Mr. Duncan replied that the 8-foot high fence would be placed inside the
property screened with landscaping with the existing 4-foot high fence to remain
placed on the perimeter of private property.
Mr. Robert Peterson, resident at 1380 Bramble Bush, was present and
questioned the location of the proposed landscaping.
Mr. Duncan replied that the landscaping would be installed on the outside of
the existing fence on private property.
Mr. Harry Bjorkman, resident at 1153 Timberview Trail, was present and
commented that the existing chain link fence is presented as a casual impression
and not necessarily as a safety barrier.
Mr. Rodney Berlett, of The City of Detroit Water & Sewer Division, was
present and commented on the security measures. Given that this site is an
un-manned station, the site would have close circuit cameras, motion sensors on
the fence, the pump station, and on top of the reservoir to help monitor the
site.
Mr. Taylor complimented the Adams Woods Community Association on their
diligent efforts that were resolved prior to the meeting and the cooperation
between all parties involved.
Motion by Mr. Devine, Seconded by Mr. Taylor in regard to the appeal at 6201
Adams Road North that the variance for the replacement of or repair sections of
the existing 8-foot high, industrial security chain link fence, located on
private property, be granted as per the agreement placed on the record between
Adams Woods Community Association and the applicant, that the landscape plan be
approved by Adams Woods Community Association as indicated. The applicant is to
provide a Hold Harmless Agreement to the Township and the fence would be
properly maintained. Based on the information presented, the petitioner did
demonstrate that compliance would be unduly burdensome; given that security
measures would not be appropriate if the applicant was required to comply with
the Zoning Ordinance, no injustice to the adjoining neighbors, given that Adams
Woods Community Association has granted approval, unique circumstances with the
property, given it is a water facility, it is not self-created.
Motion carried, 6 – 0.
IV. GENERAL BUSINESS
Next Board Meeting – May 10th, 2005
V. ADJOURNMENT
Respectfully submitted,
Patricia McCullough, Director
Planning and Building Department
APPROVED MINUTES WILL BE AVAILABLE
AT THE PLANNING DEPARTMENT
AFTER THE NEXT SCHEDULED BOARD OF APPEALS MEETING
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