Zoning Board of Appeals Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
ZONING BOARD OF APPEALS
Tuesday, November 8th, 2005
Bloomfield Township Hall

PRESENT: Board Members James Aldrich, Robert Taylor, Brian Henry, Jane Reisinger, and Chairman Corinne Khederian

ABSENT: Lisa Seneker, Dan Devine, Brian Kepes, and Larry Smith

STAFF PRESENT: Patricia McCullough, Planning and Building Director, Robin Carly, Development Coordinator, Brenda Schlutow, Ordinance Officer, and Kathy Davis, Building Department Secretary

Chairman Khederian addressed the audience and welcomed Dennis Alberts, leader of the Boy Scout Troop and the troops to the meeting. Chairman Khederian indicated that the troops would be viewing the meeting as a community service accomplishment for the troop.

Chairman Khederian made mention that item (4) 3875 Oakland, was removed at the petitioner’s request due to the subdivision association denying the request.

II. APPROVAL OF MINUTES:

Approval of the Zoning Board of Appeals Minutes of October 11th, 2005

Motion by Mr. Taylor, Seconded by Ms. Reisinger to approve the Minutes of October 11th, 2005 as written.

Mr. Algimantas Bublys, homeowner, was present seeking approval to modify an existing non-conforming building, changing the existing roofline by extending the existing roof

over the front door approximately 6-feet. Also seeking approval to encroach 24-feet into the required 40-foot front yard setback for the construction of a single story addition for Part of Lot 1, Broughton’s Park Subdivision, Section 29. Article XV, Section 1502 of

Zoning Ordinance No. 265 states that non-conformities shall not be enlarged upon, expanded or extended. Article XIV, Section 1400 of Zoning Ordinance No. 265 requires a minimum of 40-feet in the front yard setback. (19-29-128-008)

Mr. Bublys addressed the Board requesting an addition to the front of the existing residence that would incorporate a bathroom and bedroom addition. Mr. Bublys presented pictures of his residence to the Board indicating the front yard addition would encroach 24-feet into the front yard setback. Mr. Bublys made mention of the irregular front lot line. Mr. Bublys presented the Board with the subdivision association approval of fourteen signatures that approved the variance request out of the twenty-three members of the association.

Chairman Khederian made mention of a letter received from Mr. Gary Quesada of Thomas M. Keranen & Associates dated November 8^th, 2005.

Ms. Carol Pope, resident at 4395 Oak Grove, was present and spoke in opposition of the variance request.

Mr. Issakow, resident at 4405 Oak Grove, was present and spoke in opposition of the variance request.

Ms. Reisinger questioned Mr. Bublys if the driveway could be relocated.

Mr. Bublys replied that the driveway has been there since 1979 approximately, and has been shared by the Popes. The driveway is a dedicated easement signed by both landowners for limited use.

Mr. Larry Jones, homeowner, was present seeking approval for an existing accessory structure, a 7.1’ x 6.8’ x 7.4’ high shed, located in a rear yard more than 16-feet from the westerly side and rear lot lines. Also seeking approval for two sections of existing 6-foot

high wood fencing for the purpose of enclosing a pool, extending from the easterly and westerly sides of the residential building towards the side property lines for Lot 118, Chapel Hill Estates No. 1, Section 1. Article XV, Section 1503 of Zoning Ordinance No.

265 states that all accessory structures shall require the review and approval of the Zoning Board of Appeals. Article XV, Section 1501 of Zoning Ordinance No. 265 states fences in a residential district shall not exceed 4-feet in height. (19-01-226-020)

Mr. Jones addressed the Board with the request for two existing accessory structures. Mr. Jones indicated that he replaced two sections of a 4-foot high chain link fence to a 6-foot high wood cedar fence to match the existing fence at the west of the home for the purpose of enclosing a swimming pool. Mr. Jones also made mention of the existing shed that is placed in the rear yard that currently houses the pool equipment.

Chairman Khederian made mention of the approval letter received from the Chapel Hill Estates subdivision association.

Mr. Mark Cohn, homeowner, was present seeking approval to encroach 3.2-feet into the required 40-foot front yard setback for the construction of a single story porch addition for Lot 22, West Lochslea, Section 7. Article XIV, Section 1400 of Zoning Ordinance No. 265 requires a minimum of 40-feet in the front yard setback. (19-07-476-005)

Mr. Cohn addressed the Board with a request to encroach 3.2-feet into the front yard setback for the construction of a single story porch addition. Mr. Cohn submitted sub division association approval along with the neighbor’s approval to the Board.

Seeking approval for the construction of an accessory structure, a 9.3’ x 13’ x 13’ high pool cabana, located 16-feet from the southeasterly side lot line and more than 16-feet from the rear lot line. Also seeking approval for the placement of pool equipment,

located immediately adjacent to the southerly wall of the proposed pool cabana for Lots 131 and 132, Oakland Hills Country Club, Section 33. Article XV, Section 1503 of Zoning Ordinance No. 265 states that all accessory structures require the review and approval of the Zoning Board of Appeals, and that ground mounted mechanical or electrical equipment shall be permitted in any rear or side yard when they are placed immediately adjacent to the residential building. (Paul & Bridgett Terrill, 3875 Oakland Drive, 19-33-251-001)

Mr. Ray Rogers of Rockworks LLC, was present seeking approval to replace an existing accessory structure, a stone retaining wall with an overall height of 4-feet, located along the water’s edge within the natural feature setback area for Part of Lot 1, Forest Park Estates, Section 17. Article XV, Section 1517 of Zoning Ordinance No. 265 requires a 25-foot setback from the boundary of edge of a wetland and from the ordinary high water mark of a watercourse. Article XV, Section 1503 of Zoning Ordinance No. 265 states that all accessory structures shall require the review and approval of the Zoning Board of Appeals. (19-17-276-002)

Mr. Rogers addressed the Board with the request to replace and extend an existing accessory structure, a stone retaining wall with an overall height of 4-feet, located along the water’s edge within the natural feature setback area. Mr. Rogers indicated that MDEQ would not require a permit due to the fact that the wall would be above the normal high water mark. Mr. Rogers mentioned that the existing cobblestone retaining wall was failing and with the proposed additional 2-feet being added it would allow for a more stabilized wall.

Chairman Khederian made mention of two letters in support from Mr. and Mrs. Douglas Ebert residents at 3530 Franklin Road and Mr. and Mrs. Norman Bodine residents at 3610 Franklin Road. Chairman Khederian commented that the letters were accompanied with the subdivision association approval from Island, Lower Long & Forest Lake Property Owners Association.

Mr. Nathan Resnick, attorney, was present with Mr. Petr Klima, homeowner, seeking approval for existing 8-foot high chain link fencing around the perimeter of an existing sports court for Lot 20, Supervisor’s Plat of Berkshire Forest, Section 34. Article XV, Section 1510 of Zoning Ordinance No. 265 states fences in a residential district shall not exceed 4-feet in height. (19-34-328-017)

Mr. Resnick addressed the Board and apologized for the fence being installed incorrectly, as previously approved by the Board on June 14^th, 2005. Mr. Resnick indicated that the Board previously approved a 10-foot high fence on the north and south side of the sports court and a 4-foot high fence on the west and east side of the sports court. Mr. Resnick indicated that the fence contractor and the sports court contractor had a miscommunication, with the end results leaving the fence installed at 8-foot high at the north and south ends instead of 10-foot high and a 8-foot high fence was installed at the west side instead of a 4-foot high fence, and the east side of the sports court was left open with an 8-foot high slope to support the new 8-foot high fence that slopes down and onto the sports court surface. Mr. Resnick indicated that Mr. Klima assumes the responsibility of the subcontractors for the incorrect installation of the fence. Mr. Resnick asked the Board to approve the fence as constructed with the 8-feet on the west and east sides of the sports court.

Chairman Khederian made mention of three letters submitted in objection to the fence being installed without permits from Ms. Luanne Salz, resident at 3114 East Bradford Drive, Mr. Gene Jacoby, resident at 1295 Forest Lane, and Ms. Marlene Linn, resident at 3055 E. Bradford Drive.

Chairman Khederain questioned Mr. Klima if he discussed the installation requirements for the sports court and the fence with the individual contractors.

Mr. Klima replied that he did inform the individual contractors of the requirements.

Motion by Ms. Reisinger, Seconded by Mr. Henry in regard to the appeal at 1000 Forest Lane for the 8-foot high fence variance, be approved as requested. Based on the information presented, the applicant did demonstrate to the Board’s satisfaction all of the standards for practical difficulty. Given compliance would be unduly burdensome, in the cost of taking the fence down, no injustice to the adjoining neighbors. Contingent upon the installation of the arborvitaes by April 15^th, 2006.

Motion failed due to lack of support.

Mr. Charles Pratt, homeowner, was present seeking approval for existing 6.5-foot high wood fencing for the purpose of enclosing a patio area, located in side and rear yards for Lot 180, Westchester Village No. 1, Section 34. Article XV, Section 1510 of Zoning Ordinance No. 265 states fences in a residential district shall not exceed 4-feet in height. (19-34-254-021)

Mr. Pratt addressed the Board with the request for an existing 6.5-foot high wood fence

to enclose a patio for safety reasons. Mr. Pratt indicated that the fence is located in the rear and side yards which abuts up to the patio.

Chairman Khederian made mention of a letter received in objection from Mr. James Tousignant, president of the subdivision association, Greater Westchester Village Association.

Mr. Martin Fredrick of Father and Son Construction, was present seeking approval for a 12.8-foot side yard setback for the construction of a single story addition to the rear southwesterly corner of the home on Lots 138 and 139, Ward Orchards, Section 6. 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. Article XIV, Section 1400 of Zoning Ordinance No. 265 requires a minimum of 16-feet in the side yard setback. (19-06-108-006)

Mr. Fredrick addressed the Board for a 12.8-foot encroachment into the side yard setback for a single story addition that would be located to the southwesterly rear corner of the home. Mr. Fredrick indicated currently the home in on a crawl space the proposed addition would incorporate a family room and a basement that would allow for additional storage.

Chairman Khederian made mention of a letter received in opposition from Mr. Richard Foote, resident at 1246 Edison.

Mr. Cary Sutton of Kevin Hart and Associates, was present seeking approval for a 7-foot encroachment into the required 40-foot front yard setback, Endsleigh Drive frontage, and a 2-foot encroachment into the required 35-foot rear yard setback for the construction of a second floor addition, located to the northeasterly corner of Lot 1297, Judson Bradway’s Bloomfield Village, Section 27. 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. Article XIV, Section 1400 of Zoning Ordinance No. 265 requires a minimum of 40-feet in the front yard setback, and a minimum of 35-feet in the rear yard setback. (19-27-429-001)

Mr. Sutton addressed the Board with a proposed second floor master suite addition to be constructed over an existing one-story garage. Mr. Sutton presented the Board with the approval letter from the subdivision association.

Mr. Craig Menuck, friend of the petitioner, was present seeking approval for a 1-foot encroachment into the required 16-foot southerly side yard setback for the construction of a second floor addition to Lot 108, Judson Bradway’s Bloomfield Village, 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. Article XIV, Section 1400 of Zoning Ordinance No. 265 requires a minimum of 16-feet in the side yard setback. (19-26-154-001)

Mr. Menuck addressed the Board for a variance request to encroach 1-foot or less, into the southerly side yard setback for the construction of a second floor addition. Mr. Menuck indicated that the home is currently non-conforming. Mr. Menuck submitted approval letters to the Board granted from the subdivision association and the adjacent neighbor’s.

Chairman Khederian made mention of two letters received in support of the variance request from Mr. Richard Partrich, resident at 1053 Waddington, and Mr. and Mrs. William Schaefer, resident’s at 1048 N. Cranbrook Road.

Mr. Dallas Mayfield, homeowner, was present seeking approval for an existing accessory structure, a 7.9’ x 5.3’ x 6.1’ high storage shed screened with plantings, located in a side yard more than 16-feet from side and rear property lines for Lot 247, Bloomfield’s Fox Hills Subdivision, Section 2. 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 the review and approval of the Zoning Board of Appeals. (19-02-130-018)

Mr. Mayfield addressed the Board with a request for an existing accessory structure, a storage shed that was installed in the side yard and screened with plantings.

Chairman Khederian made mention of a letter received in opposition from Mr. Len Zanger, resident at 740 Weybridge.

Mr. Kenneth Weikal, landscape architect, was present seeking approval for the construction of an accessory use/structure, a 50’ x 84’ sports court with three light poles screened with plantings, located in a rear yard 48-feet from the westerly front lot line, Rayburn Road frontage, and 16-feet from the rear property line. Also seeking approval for retaining walls with an overall height of 4.6-feet, and a chain link fence with an overall height of 10-feet, located around the perimeter of the proposed sports court and enclosing a pool area. Also seeking approval for additional boulder retaining walls, located in front side and rear yards with an overall height of 7-feet for Lot 86, Eastover Farms No. 1, Section 13. Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory use/structures shall not be erected in any required yard, except a rear yard, and shall require the review and approval of the Zoning Board of Appeals. Article XV, Section 1510 of Zoning Ordinance No. 265 states that fences in a residential district shall be located in a required side or rear yard and shall not exceed 4-feet in height. (19-13-201-010)

Mr. Weikal presented the Board with colored renderings and detailed plans indicating the location of the proposed sports court, three light poles, retaining walls, boulder walls, and a 10-foot high chain link fence. Mr. Weikal identified that the proposed sports court would be set into the property. Mr. Weikal referred to the plans and identified each structure in detail.

Mr. Henry questioned the proposed height of the three light poles for the sports court.

Mr. Weikal replied the three proposed light poles would be 15-feet in height.

Mr. Henry questioned the material of the proposed walls.

Mr. Weikal replied the materials proposed for the retaining walls would be of a modular keystone; the 4-foot walls would be a stone veneer to match the residence. The 4-foot pool fence would be a vertical metal type.

Mr. Robert Beuter, resident at 933 Dowling, and president of subdivision association of Eastover Farms No. 1, was present and spoke in opposition of the variance requests. Mr. Beuter indicated that the subdivision association has not approved the plans that are before the Board.

Mr. Dan Moore, resident at 922 Eastover, and vice president of the subdivision association was present and spoke in objection of the variance requests.

Ms. Lisa Lettieri, resident at 3535 Rayburn, was present and spoke in objection of the variance requests.

Mr. Joe Borgesen, resident at 841 Highwood, was present and spoke with concern of the grade and drainage issues. Mr. Borgesen was in objection of the variance requests.

Mr. Cameron Dasch, resident at 884 Highwood, was present and spoke in objection of the variance requests.

Mr. Pier Smith, resident at 830 Highwood, was present and spoke with concerns of the potential drainage and grade issues.

Mr. Gary Walker, resident at 1010 Eastover, was present and spoke in objection of the variance requests.

Mr. Jeffery Wayne, homeowner, was present and apologized to the subdivision association for the misrepresentation of the plans.

Mr. Steven Thomas, homeowner, was present seeking approval for an existing accessory structure, a 8’ x 8’ x 15.1’ high play structure partially screened with evergreen plantings along 30-feet of the easterly rear lot line, located 16-feet from the northerly side and rear lot lines for Lot 23, Balmoral Orchards No. 1, Section 30. Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory structures shall not exceed 14-feet in height and shall require the review and approval of the Zoning Board of Appeals. (19-30-204-003)

Mr. Thomas addressed the Board with a request for an existing play structure located in the northerly side and rear yard partially screened with evergreen plantings. Mr. Thomas apologized to the Board for not obtaining approval prior to the construction of the structure.

Mr. Robert Biehl, resident at 5745 Pebbleshire, and president of the subdivision association was present and indicated that the association did grant approval of the structure contingent upon additional landscaping to be installed.

Motion carried, 5 – 0.

Mr. Steven Balagna, resident at 5096 Sebring Court, on behalf of the Cross of Christ Lutheran Church, was present seeking approval for the installation of six floodlights to illuminate the existing cross at the top of the spires on the church located on the northwesterly corner of Lone Pine Road and Telegraph Road, Acreage Parcel C202C, Section 21. Article XV, Section 1508 of Zoning Ordinance No. 265 requires all outdoor lighting to be shielded to reduce glare and shall be so arranged as to reflect lights away from all adjacent residential districts. The light and supporting standards shall not exceed a height of 20-feet and shall be directed toward and confined to the ground areas of lawns and parking lots. (19-21-101-004)

Mr. Balagna addressed the Board with the request for six floodlights to illuminate the existing cross at the top of the spires on the church. Mr. Balagna indicated that the lights would be lit in segments of three lights at a time, once those bulbs burn out then the remaining three lights would be utilized. Mr. Balagna commented as to the wattage per bulb is 35 watts with three lights burning at once the total wattage would be 105 watts.

Ms. Reisinger questioned would the proposed lights be on a timer.

Mr. Balagna replied that the proposed lights would stay on all night and are not scheduled to be on a timer.

Mr. Richard Blumenstein, resident at 1157 Lone Pine Road, was present and spoke in objection of the variance request.

Chairman Khederian made mention of letters received in opposition of the variance request from: Mr. Daniel Johnson, resident at 1188 Lone Pine, Mr. Paul Geiger, resident

at 1176 Lone Pine, Mr. Ricahrd Lutz, resident at 1117 Lone Pine Woods, Ms. Marlene Sparvero, resident at 1139 Lone Pine Woods, Mr. Richard Blumenstein, resident at 1157 Lone Pine Woods, Mr. Walter Douglas, resident at 1189 Lone Pine Woods, Ms. Deane MacMillan, resident at 1151 Lone Pine Woods, and Mr. Mark Jacobson, resident at 1120 Woburn Green.

Mr. Jeffery Lieb, attorney, was present for the Woods of Lone Pine subdivision association. Mr. Lieb commented that the variance being sought is for a use variance and spoke in objection of the variance request.

Chairman Khederian commented that she drove by the properties that submitted letters in opposition of the variance request and indicated that she found it difficult see the lights.

Motion by Mr. Aldrich, Seconded by Mr. Taylor in regard to the appeal at 1100 Lone Pine Road for the installation of six floodlights to illuminate the existing cross at the top of the spires on the church, that the variance be denied as requested. Based on the information presented, the applicant did not demonstrate that compliance with the lighting would not be unduly burdensome, injustice to the adjoining neighbors, based on the letters received, and it is self-created.

Ms. Andrea Vernagus, homeowner, was present seeking approval for the installation of an accessory structure, a 7.2’ x 7.2’ x 2.9’ high hot tub, located in a rear yard on an existing patio more than 16-feet from side and rear lot lines for Lot 25, Hugo Hills, Section 11. Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory structures require the review and approval of the Zoning Board of Appeals. (19-11-104-014)

Ms. Vernagus presented the Board with pictures of the proposed location of the hot tub and submitted subdivision association approval. Ms. Vernagus indicated that arborvitaes could be installed to help with screening the accessory structure.

Mr. Ray Bayling, Senior Development Manager with Schostak Brothers and Company, was present seeking approval for a variance of 9 parking spaces for the inclusion of a beauty salon into the retail development at the northeast corner of Maple and Telegraph, Acreage Parcel AC270F. Article XV, Section 1504 of Zoning Ordinance No. 265 establishes that 17 spaces are required for this type of salon use, with only 8 parking spaces approved for this retail tenant space. (19-28-352-004)

Mr. Bayling addressed the Board with a request for 9 parking spaces for the inclusion of a nail salon into the retail development at the northeast corner of Maple and Telegraph Road. Mr. Bayling indicated that the peak hours of business for the full service nail salon is Friday 5:00 PM – 7:00 PM and Saturday morning. Mr. Bayling performed a study on the shopping center and found that the other tenants, such as Speedy Printing were closed on the weekends, which allows for additional parking spaces.

Mr. Mark Schostak was present and commented with regards to the parking ordinance as how it relates to stand alone buildings and not specific to adjoining buildings with multi-tenants, as proposed in this variance request.

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