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Government > Minutes

Overview  |  Board of Trustees  |  Planning Commission
Zoning Board of Appeals

Zoning Board of Appeals Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
ZONING BOARD OF APPEALS
Tuesday, February 14th, 2006
Bloomfield Township Hall

I. ATTENDANCE:

PRESENT: Board Members Dan Devine, Jane Reisinger, James Aldrich, Robert Taylor, Brian Kepes, Larry Smith, and Corinne Khederian

ABSENT: Lisa Seneker

STAFF PRESENT: Patricia McCullough, Planning and Building Director, Brenda Schlutow, Code and Ordinance Officer, Robin Carley, Development Coordinator, Kathy Davis, Building Department Secretary, and Jim Wright, Building Department Inspector.

 

II. APPROVAL OF MINUTES:

Approval of the Zoning Board of Appeals Minutes of January 10th, 2006.

Motion by Mr. Kepes, Seconded by Ms. Reisinger to approve the Minutes of January 10th, 2006 as written.

Motion carried, 7 – 0.

 

III. APPEALS:

TABLED ITEMS

(1T) 2820 Farmingdale Dr. – D. Pratt

Mr. 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 a request for an existing 6.5-foot high wood fence that was installed without the proper permits.

Chairman Khederian commented that the fence supports must face the petitioner’s property.

Mr. Pratt commented that the fence supports would be reinstalled in the spring to face his property.

Motion by Mr. Taylor, Seconded by Mr. Smith in regard to the appeal at 2820 Farmingdale Drive for the 6.5-foot high fence variance, be approved with the fence supports to face the petitioner’s property. Based on the information presented, the applicant did demonstrate to the Board’s satisfaction all of the standards for practical difficulty.

Motion carried, 7 – 0.

Chairman Khederian indicated to the audience at 7:06 PM, that the Board is waiting for the applicant to arrive for item (2T).

(2T) 3883 Mystic Valley Road – F. Bahri

Seeking approval for existing accessory structures, two air-conditioning units and a stand-by generator, located immediately adjacent to the wall of the building in a front yard, more than 40-feet from the front lot line, West Pemberton Road frontage. Also seeking approval for the installation of an existing 6-foot high vinyl fence for the purpose of screening the proposed ground mounted mechanicals, located in a front yard 40-feet from the front lot line, West Pemberton Road frontage. Also seeking approval for existing boulder retaining walls with an overall height of 6-12-feet, located in front and side yards less than 16-feet to the side lot line, Telegraph Road frontage for Lot 8, Devon Gables, Section 16. Article XV, Section 1503 of Zoning Ordinance No. 265 states that ground mounted mechanical or electrical equipment may be permitted in any side or rear yard and that accessory structures shall not be erected in any required yard, except a rear yard, shall not be located closer than 16-feet to any side lot line, and shall require the review and approval of the Zoning Board of Appeals. Article XV, Section 1510 of Zoning Ordinance No. 265 states that a common street line with front yards on the same block shall be treated as front yards, that fences in a residential district shall not exceed 4-feet in height and must be located in a required side or rear yard. (19-16-153-004)

NEW ITEMS

(1) 3861 Mystic Valley – I. Arumugam

Mr. Arumugam, homeowner, was present seeking approval for the installation of 5-foot high black steel fencing, located along a portion of the southerly side lot line in the front and side yards of Lot 9, Devon Gables, Section 16. 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. (19-16-153-003)

Mr. Arumugam addressed the Board with the request for the installation of a 5-foot high black steel fence, to be placed along a portion of the southerly lot line in front and side yards. Mr. Arumugam indicated that the proposed fence would provide safety for his family.

Mr. Kepes questioned would he consider landscaping instead of a fence.

Mr. Arumugam replied that there is existing landscaping that does not help with the safety concerns.

Mr. Devine questioned if subdivision approval was granted.

Mr. Arumugam replied that he had not sought the subdivision association for their approval.

Motion by Mr. Devine, Seconded by Mr. Aldrich to table the request to the next meeting, for the installation of a 5-foot high black steel fence to allow the petitioner to seek the subdivision association approval.

Motion carried, 7 – 0.

(2) 144 Williamsbury Road South – K. Conrad

Mr. Jeff of Captiva Building, was present seeking approval for a 5.2-foot encroachment into the required 16-foot side yard setback to replace an existing air-conditioning unit screened with plantings, located 10.8-feet from the southerly side lot line of Lot 1170, Judson Bradway’s Bloomfield Village No. 5, Section 34. Article XV, Section 1503 of Zoning Ordinance No. 265 states that ground mounted electrical and mechanical equipment shall not be located in the required 16-feet side yard setback. (19-34-226-015)

Mr. Jeff addressed the Board with the request for a 5.2-foot encroachment into the side yard setback to replace an existing air-conditioning unit to be screened with plantings. Mr. Jeff presented subdivision approval to the Board.

Motion by Mr. Aldrich, Seconded by Mr. Devine in regard to the appeal at 144 Williamsbury Road South for the 5.2-foot encroachment into the side yard setback 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.

Motion carried, 7 – 0.

(3) 1056 Glengarry Circle West – M. Mondry

An associate of Alexander V. Bogaerts, was present on behalf of the homeowners, seeking approval for a 2.5-foot encroachment into the required 16-foot side yard setback for the construction of a two story garage addition, located 13.5-feet from the southerly side lot line of Lot 622 and Part of Lot 623, Judson Bradway’s Bloomfield Village No. 2, Section 27. Article XIV, Section 1400 of Zoning Ordinance No. 265 requires a minimum of 16-feet in the side yard setback. (19-27-251-002)

The associate addressed the Board with the request for a 2.5-foot encroachment into the side yard setback for the construction of a two-story garage addition to include a kitchen, and a bonus room above the garage. The associate indicated that the sub division association granted approval.

Chairman Khederian made mention of two letters received in support of the variance request from, Mr. & Mrs. James Kendall II, residents at 1001 Glengarry Circle West and Mr. Michael Bailey, resident at 1051 Glengarry Circle West.

Motion by Mr. Taylor, Seconded by Mr. Kepes in regard to the appeal at 1056 Glengarry Circle West for the 2.5-foot encroachment into the side yard setback, that the 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.

Motion carried, 7 – 0.

Chairman Khederian indicated that the applicant has arrived for item (2T) and that it would be heard next on the agenda.

(2T) 3883 Mystic Valley Road – F. Bahri

Mr. Falah Bahri, homeowner, was present seeking approval for existing accessory structures, two air-conditioning units and a stand-by generator, located immediately adjacent to the wall of the building in a front yard, more than 40-feet from the front lot line, West Pemberton Road frontage. Also seeking approval for the installation of an existing 6-foot high vinyl fence for the purpose of screening the proposed ground mounted mechanicals, located in a front yard 40-feet from the front lot line, West Pemberton Road frontage. Also seeking approval for existing boulder retaining walls with an overall height of 6-12-feet, located in front and side yards less than 16-feet to the side lot line, Telegraph Road frontage for Lot 8, Devon Gables, Section 16. Article XV, Section 1503 of Zoning Ordinance No. 265 states that ground mounted mechanical or electrical equipment may be permitted in any side or rear yard and that accessory structures shall not be erected in any required yard, except a rear yard, shall not be located closer than 16-feet to any side lot line, and shall require the review and approval of the Zoning Board of Appeals. Article XV, Section 1510 of Zoning Ordinance No. 265 states that a common street line with front yards on the same block shall be treated as front yards, that fences in a residential district shall not exceed 4-feet in height and must be located in a required side or rear yard. (19-16-153-004)

Mr. Bahri addressed the Board with a detailed landscape plan and indicated each variance request on the plan.

Ms. Reisinger questioned would the existing 6-foot high fence be painted.

Mr. Bahri replied that he could paint the existing fence.

Mr. Taylor commented that the original plans indicated a greenbelt between the sidewalk and the fence on the south side. Mr. Taylor then questioned if the original plans had a greenbelt for the west side or an opportunity to screen the fence from the road.

Ms. Patti McCullough, Planning and Building Director, commented that the original plan does indicate a strip of landscaping in front of the existing screen wall on the Mystic Valley Road frontage.

Mr. Taylor questioned where is the additional screening required for the Pemberton Road frontage that was tabled from the December 13th, 2005 meeting.

Mr. Devine suggested could the fence be reconfigured to open outward which would require the concrete to be busted up to allow for screening.

Mr. Bahri replied that the fence could be reconfigured with landscaping.

Mr. Arumugam, resident at 3861 Mystic Valley, was present and spoke in support of the variance requests.

Chairman Khederian questioned if subdivision association approval was received.

Mr. Bahri replied that he made inquiry with the association however he did not receive a reply.

Mr. Devine suggested to the Board because of this construction project it has caused the petitioner of item (1) at 3861 Mystic Valley to apply for a variance for a fence. Mr. Devine commented that without this construction project, the homeowner at 3861 Mystic Valley, would have not needed the fence. Mr. Devine suggested that Mr. Bahri provide the fence for 3861 Mystic Valley.

Mr. Arumugam, resident at 3861 Mystic Valley, was present and indicated that he wants to be responsible for the fence and the installation as previously requested.

Motion by Mr. Devine, Seconded by Mr. Aldrich in regard to the appeal at 3883 Mystic Valley Road for the following variances be approved as follows: generator and 6-foot high vinyl fencing to be reconfigured, as to the opening would be onto the sidewalk, the landscaping as proposed would remain, the opening would be an un-moveable wall and the concrete would be removed at least 3-feet from the front of the wall to allow for screening similar as along the sidewalk. The air-conditioning units on the opposite side of the home are to be screened with evergreens at least the height of the units. The boulder walls approved as submitted. Based on the information presented, the applicant did demonstrate compliance with Section 1804 Standards, and did demonstrate all of the standards for practical difficulty. The generator must comply with the Township Noise Ordinance, and the fence supports are to face the petitioner’s property.

Motion carried, 6 – 1.

YEAS: Devine, Aldrich, Taylor, Reisinger, Kepes, Smith
NAYS: Khederian

Motion by Mr. Devine, Seconded by Mr. Aldrich suggested that the Board reconsider hearing item (1) 3861 Mystic Valley regarding the 5-foot high black steel fence.

Motion carried, 7 – 0.

Motion by Mr. Devine, Seconded by Mr. Aldrich, in regard to the appeal at 3861 Mystic Valley for the 5-foot high black steel fence, that the variance be approved as requested, given that there was no objection by the adjoining neighbor nor the neighborhood association. Based on the information presented, the applicant did demonstrate to the Board’s satisfaction all of the standards for practical difficulty.

Motion carried, 6 – 1.

Yeas: Devine, Aldrich, Taylor, Reisinger, Kepes, Smith

Nays: Khederian

(4) 3701 Lakecrest Drive – T. Myers

Ms. Donna Myers, homeowner, was present seeking approval for the installation of accessory structures, two air-conditioning units screened with plantings to replace existing units, located in a front yard immediately adjacent to the wall of the building more than 40-feet from the front lot line of Lot 8 and Part of Lot 9, Woodcrest Lakes, Section 13. Article XV, Section 1503 of Zoning Ordinance No. 265 states that ground mounted electrical and mechanical equipment may be permitted in any side or rear yard. (19-13-101-005)

Ms. Myers addressed the Board with the request for two air-conditioning units to be located in the front yard, screened with evergreens. Ms. Myers indicated that there is no other location to place the units.

Motion by Ms. Reisinger, Seconded by Mr. Devine in regard to the appeal at 3701 Lakecrest Drive for the two air-conditioning units, located in a front yard, 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.

Motion carried, 7 – 0.

(5) 4786 Chipping Glen South – A. Jokubaitis

Mr. Michael Dul of Michael J. Dul Landscape Architects, was present seeking approval for the construction of accessory structures, stone retaining walls screened with plantings with an overall height of 21-feet, located in the front, side and rear yards of Unit 121, The Hills of Lone Pine, Section 20. 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, shall not exceed 14-feet in height, shall not be permitted closer than 16-feet to any side or rear lot line. (19-20-226-130)

Mr. Dul presented the Board with a detailed site plan.

Mr. Patrick Funke of Michael J. Dul Associates, was present and explained in detail the proposed retaining walls are to retain the driveway that are located outside the building envelope/setback line and vary in height from 1-feet to 10-feet high. These walls would be required to construct and safely negotiate the proposed drive and create a planting terrace to barrier with evergreen hedges. Mr. Funke addressed the proposed retaining walls in the rear yard and south side yard vary in height from 3-feet to 18-feet high stepping up with adjacent grade. Mr. Funke indicated that the walls would be constructed in such a manner to create a planting terrace between to soften and minimize the impact of a single wall. Mr. Funke addressed the retaining walls in the rear yard and north side yard vary in height from 1-foot to 3-foot high. Mr. Funke indicated that the walls would manipulate the steep grade along the property line.

Dr. Eugene Thompson, resident at 4798 S. Chipping Glen, was present and spoke in opposition of the variance requests.

Ms. Anne Thompson, resident at 4798 S. Chipping Glen, was present and spoke in opposition of the variance requests.

Mr. Lawrence Weisberg, resident at 4771 S. Chipping Glen, was present and spoke in opposition of the variance requests.

Motion by Mr. Devine, Seconded by Ms. Reisinger in regard to the appeal at 4786

Chipping Glen South for the accessory structures, stone retaining walls that the request be tabled to March 14th, 2006 meeting to allow for discussion between the neighbors and the subdivision association.

Motion carried, 7 – 0.

(6) 4600 Lahser – R. Slavik

Mr. Sam Dorchen of Dorchen Martin & Associates was present seeking approval for the construction of accessory structures, two 2’ x 4.3’ x 4’ high stone piers with an electronic gate, located at each side of the driveway entrance approximately 7-feet from the easterly front lot line, Lahser Road frontage, for Acreage Parcel AC195B, Section 21. 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. (19-21-228-008)

Mr. Dorchen addressed the Board with the request for two 2’ x 4.3’ x 4’ high stone piers with an electronic gate, placed on each side of the driveway entrance. Mr. Dorchen indicated that the piers would be located out of the road right-of-way.

Mr. Devine questioned if the applicant would submit a hold harmless agreement relating to the piers with an electronic gate for public safety.

Mr. Dorchen replied that the homeowner would submit a hold harmless agreement.

Ms. Reisinger made mention of a letter received in opposition from Mr. James Wagner, resident at 4580 Lahser.

Mr. Kepes questioned the distance between the gate and the road right-of way.

Mr. Dorchen replied the distance is 25-feet between the gate and the road right-of-way.

Mr. Kepes commented that if lawn maintenance vehicles with trailers needed to gain access to the property with the proposed piers and gate would not allow for easy access and would hinder the flow of traffic on Lahser Road.

Mr. Dorchen re-evaluated the site plan and indicated that the site plan dimensions are incorrect as submitted. Mr. Dorchen indicated that the dimensions on the site plan should be 25-feet from the 33-foot road right-of-way to the center of the gate and then 25-feet and 18-feet would be 43-feet the edge of the pavement to the center of the gate.

Mr. Kepes questioned if the piers would be illuminated.

Mr. Dorchen replied that the proposed piers would have lights within the structures.

Motion by Mr. Devine, Seconded by Kepes in regard to the appeal at 4600 Lahser for the two 2’ x 4.3’ x 4’ high stone piers with an electronic gate, be approved as submitted, with the stipulation to allow 43-feet of travel from the edge of the road. Based on the information presented, the applicant did demonstrate compliance with Section 1804 Standards, and did demonstrate all of the standards for practical difficulty. Homeowner is to submit a hold harmless affidavit to the Township.

Motion carried, 7 – 0.

(7) 950 Waddington Road – M. Schechter

Mr. Joel Roman, architect, was present seeking approval for an 8-foot encroachment into the required 16-foot side yard setback for the construction of a new second story addition supported by a brick column, located 8-feet from the southerly side lot line of Lot 146, Judson Bradway’s Bloomfield Village, Section 26. The existing home is currently non-conforming. ArticleXV, 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. (19-26-155-006)

Mr. Roman addressed the Board with a request for an 8-foot encroachment into the side yard setback for the construction of a second story addition. Mr. Roman presented a detailed plan indicating the materials to be used for the second story addition would match the existing home. Mr. Roman presented the Board with subdivision association approval.

Motion by Mr. Taylor, Seconded by Mr. Aldrich in regard to the appeal at 950 Waddington Road for the 8-foot encroachment into the side yard setback, 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.

Motion carried, 7 – 0.

(8) 4891 Loch Lomond – T. Bastian

Mr. Thomas Bastian, homeowner, was present seeking approval for the construction of an existing accessory use/structure, a 24’ x 62’ ice rink with 4-foot high back boards, located in a front yard 49-feet from the front lot line, Inkster Road frontage, for Lot 159, The Braes of Bloomfield No. 3, Section 30. 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, shall not exceed one-half of the ground floor area of the main building, and shall require the review and approval of the Zoning Board of Appeals. (19-30-151-001)

Mr. Bastian addressed the Board with a request for an existing ice rink with 4-foot high backboards located in the front yard of Inkster Road frontage. Mr. Bastian indicated that there is no lighting for the ice rink. Mr. Bastian commented that he would like to erect the ice rink each winter season if permission is granted.

Mr. Devine questioned the petitioner would the ice rink be used after dark and would a time frame be set for the use of the ice rink.

Mr. Bastian replied that the use after dark would be limited given the children are 7 and 3 years of age.

Mr. Stephen Babcock, resident at 5720 Kilbrennan, and former secretary of the subdivision association, was present and spoke in support of the variance request.

Mr. John Shaw, resident at 4891 Ballantrae, was present and spoke in support of the variance request.

Motion by Mr. Devine, Seconded by Mr. Kepes in regard to the appeal at 4891 Loch Lomond for the accessory structure, an ice rink, be approved as submitted, and the variance for the front yard of Inkster Road frontage be granted, based on the information presented, the applicant did demonstrate compliance with Section 1804 Standards, and did demonstrate all of the standards for practical difficulty. The approval is based on the following stipulations: the boards are to be painted white, construction of the ice rink would take place December 1st with removal of the ice rink being March 15th, or before. The time and use of the rink would be between the hours of 10:00 AM to 9:00 PM. No lighting to be utilized for the ice rink. This request is ongoing request and will follow the ownership of this property.

Motion carried, 7 – 0.

(9) 4896 Loch Lomond – M. Jevahirian

Mr. Jeff Rosen, renter of 4896 Loch Lomond, was present seeking approval for the construction of an existing accessory use/structure, a 30’ x 54’ ice rink with 2-foot high back boards, located in a front yard, Loch Lomond and Inkster Road frontage, for Lot 152, The Braes of Bloomfield No. 3, Section 30. 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, shall not exceed one-half of the ground floor area of

the main building, and shall require the review and approval of the Zoning Board of Appeals. (19-30-103-006)

Mr. Rosen addressed the Board with a request for an existing ice rink with 2-foot back boards located in a front yard.

Mr. Stephen Babcock, resident at 5720 Kilbrennan, and former secretary of the subdivision association, was present and spoke in support of the ice rink, but did requested that next year the petitioner relocate the ice rink.

Mr. Shaw, resident at 4891 Ballantrae, was present and spoke in objection of the variance request.

Motion by Ms. Reisinger, Seconded by Mr. Taylor in regard to the appeal at 4896 Loch Lomond for the existing accessory structure, an ice rink, be denied as submitted, based on the information presented, the applicant did not demonstrate compliance with Section 1804 Standards, given the location in the front yard, and the prominent visibility, the use of the accessory structure, the location and height of the accessory structure has hindered and discouraged the adjacent us of the property, the nature location, size and site layout of the accessory structure is 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. The ice rink is to be removed by March 14th, 2006.

Motion carried, 7- 0.

(10) 1640 Dell Rose – J. Kalabat

Mr. Jamal Kalabat, homeowner, was present seeking approval for a 17.1-foot encroachment into the required 25-foot natural feature setback for the construction of a driveway, located 7.9-feet from the wetlands edge at the southeasterly corner of Lot 27, Dell Rose Gardens, Section 6. Article XV, Section 1517 of Zoning Ordinance No. 265 requires a 25-foot setback from the boundary or edge of a wetland. (19-06-177-011)

Mr. Kalabat addressed the Board for a 17.1-foot encroachment into the natural feature setback to construct a driveway. Mr. Kalabat indicated that without the variance approval all of the utilities would need to be constructed under the proposed driveway.

Mr. Kepes made mention of a letter received in objection from Mr. and Mrs. Wilson, residents’ at 1765 Ward Road, that raised drainage concerns.

The Board discussed the location and width of the proposed driveway within the 25-foot natural feature setback.

Ms. Karen Cross, resident at 2071 Kemp Road, was present and spoke in opposition of any work to be done in the pond area.

Mr. Kalabat replied that there would be no work in the pond area.

Motion by Mr. Devine, Seconded by Mr. Aldrich in regard to the appeal at 1640 Dell Rose Drive for the 17.1-foot encroachment into the 25-foot natural feature setback, be approved as requested, given the request is a limited encroachment for a short distance to provide for the construction of a driveway. Based on the information presented, the applicant did demonstrate to the Board’s satisfaction all of the standards for practical difficulty.

Motion carried, 7 – 0.

(11) 4145 West Maple – Bloomfield Plaza/Birmingham Bank

Mr. Richard Miller, chief financial officer for the Bank of Birmingham, was present seeking approval for an accessory use/structure, a 14’ x 66’ temporary office facility to be used from March 1, 2006 through August 31, 2006, located in a front yard, Maple Road frontage, for Acreage Parcel, Section 32. 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 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. (19-32-277-041)

Mr. Miller addressed the Board with a request for a temporary office facility to be used from March 1st, 2006 through August 31st, 2006 to be located in Maple Road frontage. Mr. Miller indicated that the temporary office facility would have three drive-through lanes. Mr. Miller presented pictures in detail and identified the proposed landscaping.

Mr. Charles Kraminsky of Schostak Brothers, and managing agent for Bloomfield Plaza, was present and spoke in support of the variance request.

Mr. Kepes questioned was Bloomfield Plaza shopping center considered to be utilized for this temporary office facility.

Mr. Kraminsky replied that they did contact Bloomfield Plaza and found that there is only one space available which is too large for the temporary office facility.

Mr. Devine made mention to the Board that modular trailer is a pre-built unit, with a teller lane, safe, and fire suppression equipped.

Mr. Kraminsky replied that the modular trailer is pre-built and is fully equipped and meets all the necessary requirements. Mr. Kraminsky commented that the unit would be fully skirted, painted beige tone in color, and landscaped as presented on the plan.

Motion by Mr. Devine, Seconded by Mr. Aldrich in regard to the appeal at 4145 West Maple for the temporary office facility, be approved as submitted from March 1st, 2006 through August 31st, 2006 and the variance for the location in the front of Maple Road be granted, based on the information presented, the applicant did demonstrate compliance with Section 1804 Standards, and did demonstrate all of the standards for practical difficulty. If the Planning Department has issues with the landscaping, skirting, or the presentation of the trailer in its use prior to occupancy of the structure as the bank, at the discretion of the Planning Department it can be brought back to the Design Review Board to allow for further discussion.

Motion carried, 7 – 0.

Ms. Reisinger asked to be recused from the following item given the petitioner is a client in her office.

Mr. Kepes asked to be recused from the following item given he has an interest in ownership in the adjacent parcel.

(12) 3200-3295 South Boulevard – Burlington Bloomfield Plaza

Ms. Patti McCullough, Director Planning and Building Department, introduced the appeal to the Board, seeking approval that will allow for redevelopment of the Burlington Bloomfield Plaza, which includes the expansion of the Kroger Store, renovation of the existing LaSalle Bank building to include construction of a retail addition, and construction of a new retail building for Acreage Parcel, Section 1. The variances required for the proposal are:

A 10-foot encroachment into a portion of the required 10 ft. westerly parking setback to accommodate the drive at the southwest rear corner of the Kroger tenant space for adequate delivery truck turning radius.

A height variance is required to exceed the maximum height of 24 ft. One-story buildings are proposed with heights ranging from 25 ft. to 34.75 ft.

A parking variance is required with the proposed plan indicating 451 proposed parking spaces where 498 spaces are required, a deficiency of 47 spaces. The site currently has 409 parking spaces with 454 required, a deficiency of 45 spaces.

Approval for a masonry trash enclosure with wooden gates and a loading zone area, located more than 100 ft. from the easterly front lot line, Squirrel Road frontage.

Article XIV, Section 1400 of Zoning Ordinance No. 265 requires a minimum of 10-feet in the parking setback and states that 24-feet is the maximum height of a building within the B-1, Local Business, zoned district. Article XV, Section 1504 of Zoning Ordinance No. 265 parking requirements. Article XIV, Section 1400 of Zoning

Ordinance No. 265 states that all storage and loading shall be in the rear yard. (19-01-101-002)

Ms. McCullough addressed the Board with a summary from the Planning Commission meeting. Ms. McCullough indicated that the proposal is a redevelopment of an existing shopping center that would include the expansion of the Kroger Store, with renovation of the existing LaSalle Bank building that would include construction of a retail addition and a proposed free standing retail building. Ms. McCullough made mention of the four variances that are requested and that are specific to compliance issues relevant to the Zoning Ordinance compliance. Ms. McCullough mentioned the issues being setbacks, location of dumpster, loading, and building height.

Mr. Mark Drane of Rogvoy Architects was present and addressed the Board with a detailed site plan. Mr. Drane indicated that the Kroger Store would have an additional 4,000 square feet of retail space, which would include an exterior and interior renovation of the building. Mr. Drane referenced the site plan and indicated that the façade of the building would be completely remodeled, including the parking lot that would be reconfigured with landscaped islands and lighting with new asphalt and curbing. Mr. Drane indicated that the new construction retail building would be 3,600 square feet and the retail addition to the existing LaSalle Bank would also be 3,600 square feet. Mr. Dane referred to the site plan and indicated a 10-foot encroachment into a portion of the westerly parking setback to accommodate the drive at the southwest rear corner of the Kroger tenant space for adequate delivery truck turning radius. Mr. Drane addressed the masonry trash enclosure with wooden gates that would be placed adjacent to the building with a loading zone area. Mr. Drane commented that there would be additional landscaping added along the Squirrel Road frontage in the greenbelt area. Mr. Drane addressed the parking variance with the site currently having 409 parking spaces with 454 required leaving a deficiency of 45 spaces. Given the proposed plan is indicating 451 parking spaces where 498 spaces are required leaving a deficiency of 47 spaces. Mr. Drane referenced the site plan and indicated the height variance would be ranging from 25-feet to 34-feet in height to the peak of the gable. Mr. Drane commented that given the building exists it would be a unique situation, given the shopping center was built so long ago.

Mr. Devine commended all parties that were involved with this project. The Township Board, Planning Commission, The Design Review Board and Bloomfield Plaza along with the architects worked together to complete an approved plan for the proposed site.

Motion by Mr. Devine, Seconded by Mr. Taylor in regard to the appeal at 3200-3295 South Boulevard for the following variances; a 10-foot encroachment into the

10 foot westerly parking setback, a height variance ranging from 25-feet to 34-feet to the peak of the gable, a parking variance of 47 parking spaces, and a masonry

trash enclosure with wooden gates and a loading zone area, be approved as submitted. Based on the information presented, the applicant did demonstrate to the Board’s satisfaction all of the standards for practical difficulty.

Motion carried, 5 – 0 – 2.

YEAS: Devine, Taylor, Aldrich, Smith, Khederian

NAYS: None

ABSTAINED: Reisinger, Kepes

IV. GENERAL BUSINESS

Next Board Meeting – March 14th, 2006

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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Charter Township of Bloomfield
4200 Telegraph Road
P.O. Box 489
Bloomfield Hills, MI 48303-0489
248.433.7700

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Current Agendas
Latest Minutes
New Township Hours
Tax/Water Bill Payments
Rizzo Bill payments
Property/Taxpayer Info
Township Ordinances
Current Newsletter

 
Yard Waste Collection ends December 12

 
Foreclosure Process Information

 
November 4 General Election

 
Fire Dept office location change

 
Township Gateway Sign Installed

 
Safety Path Millage Renewal

 
2007 Township Annual Report This document is available to view in PDF format.
2007 Water Report
Digital TV Transition

 
Capital Improvement Program