Zoning Board of Appeals Minutes

Chairman Khederian suggested to the Board to move the election of officers to the end of the agenda.

TABLED ITEMS

(1T) (At the petitioner’s request, this item has been rescheduled to February’s meeting)

Seeking approval for revised plans for the construction of an accessory use/structure, a 45’ x 84’ sports court screened with evergreen plantings, located in a rear yard 55-feet from the westerly front lot line, Rayburn Road frontage, and 16-feet from the rear property line. Also

seeking approval for a black vinyl coated chain link fence and three gates with an overall height of 8-feet, located around the perimeter of the proposed sports court. Also seeking approval for boulder retaining walls, located in the front, side, and rear yards with an overall height of 4-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 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 not exceed 4-feet in height. (Jeffrey & Stephanie Wayne, 831 Highwood Drive, 19-13-201-010)

(1) 4500 Cimarron Drive – O. Peret

Mr. Peret, homeowner, was present seeking approval for an existing accessory structure, a 4.3’ x 6’ high fountain, located in a front yard approximately 9-feet from the easterly front lot line, Cimarron Drive frontage, and approximately 110-feet from the northerly front lot line, Indian Trail frontage, for Lot 36, Lone Pine Heights No. 1, Section 19. 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. (19-19-126-005)

Mr. Peret addressed the Board for an existing accessory structure, a 4.3’ x 6’ high fountain, located in a front yard.

Mr. Gerald Amster, resident at 1883 Indian Trail, and Director of Lone Pine Heights #1, was present and spoke in support of the variance request.

Ms. Carmella Moravek, resident at 1810 E. Tahquamenon, was present and spoke in support of the variance request.

Motion by Mr. Taylor, Seconded by Mr. Aldrich in regard to the appeal at 4500 Cimarron Drive for the accessory structure, an existing 4.3’ x 6’ high fountain, request be approved as submitted, and the variance for the existing fountain located in a front yard 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.

Motion carried, 7 – 0.

(2) 6186 Worlington Road – M. Leader

Ms. Michelle Leader, homeowner, was present seeking approval for an existing accessory structure, a split face concrete block retaining wall ranging from 1 ft. to 5 ft. in height, located in the side and rear yards approximately 1-foot from the north and west property lines for Lots 40 and 41, Wing Lake Shores, Section 29. 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 be located closer than 16-feet to any side or rear lot line, and shall require the review and approval of the Zoning Board of Appeals. (19-29-401-017)

Ms. Leader addressed the Board with a request for an existing split fence concrete block retaining wall approximately 5-foot in height at finished grade. Ms. Leader indicated that the wall would be screened with evergreen plantings.

Mr. Marcos Makohon, resident at 6487 Sunningdale, and Board member of the Wing Lake Shores Association, was present and spoke in opposition of the variance request.

Mr. Gerald Tuchow, resident at 6115 Wing Lake, was present and spoke in opposition of the variance request.

Ms. Marilyn Tuchow, resident at 6115 Wing Lake, was present and spoke in opposition of the wall and commented that there was no room to plant 25-foot spruce tree as indicated on the initial plans.

Ms. Leader indicated that she was unaware of the requirement for a variance request the 25-foot spruce tree would be planted in the 3-foot buffer area. Ms. Leader stated that the material of the wall is similar to the exterior of the home. Ms. Leader commented that she understood the subdivision association’s position was to comment, not to approve or deny a request.

Mr. Devine questioned the purpose of the wall and if a landscaping plan would be provided.

Ms. Leader commented that the purpose of the wall was to retain earth, which was designed for proper drainage, and that a landscaping plan could be provided.

Motion by Mr. Devine, Seconded by Mr. Henry in regard to the appeal at 6186 Worlington Road for the accessory structure, an existing split face concrete block retaining wall, that the request be tabled to March 14th, 2006 to allow the petitioner to submit a landscape plan for the property, which had been previously agreed upon by the subdivision association and Mr. and Mrs. Tuchow.

Motion carried, 7 – 0.

(3) 4033 Abby Court – D. Mardigian

Mr. Kevin Hart of Kevin Hart & Associates, was present seeking approval for the construction of an accessory use/structure, an in-ground pool, located in the front yards more than 40-feet from the front lot lines, West Long Lake and Clubgate Drive frontages. Also seeking approval for the installation of a 4-foot high black decorative fence, located in the front yards more than 40-feet from the front lot lines, West Long Lake and Clubgate Drive frontages. Also seeking approval for an accessory structure, a 14.2’ x 11.4’ x 12.3’ high pool house screened with evergreen plantings, located in the front yards, West Long Lake and Clubgate Drive frontages. Also seeking approval for the installation of an accessory structure, pool equipment, located inside the proposed pool house. Also seeking approval for a 9.7-foot encroachment into the required 40-foot front yard setback for the construction of a single story addition, located 30.3-feet from the front lot line, Abby Court frontage, for Lot 180, Wabeek Five, Section 18. 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 side or rear yard. 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 when placed immediately adjacent to the residential building. Article XIV, Section 1400 of Zoning Ordinance No. 265 requires a minimum of 40-feet in the front yard setback. (19-18-178-002)

Mr. Hart presented the Board with the individual variance requests.

Ms. Seneker made mention of letter received in objection from Dr. Jerome Kaufman, resident at 1728 St. Johns Court.

Mr. Jerome Rivard, resident at 4074 St. Andrews Court, and President of Wabeek on the Fairways, was present and presented the Board with the subdivision association approval.

Motion by Ms. Reisinger, Seconded by Ms. Seneker in regard to the appeal at 4033 Abby Court for a 9.7-foot encroachment into the required 40-foot front yard setback for the construction of a single story addition 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.

Motion by Ms. Reisinger, Seconded by Mr. Taylor in regard to the appeal at 4033 Abby Court for the accessory use/structure, an in-ground pool, a 4-foot high black decorative pool fence, pool equipment and a 14.2’ x 11.4’ x 12.3’ high pool house screened with evergreen plantings be approved as submitted, and the variance for the location 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.

Motion carried, 7 – 0.

(4) 2935 W. Hickory Grove Road – T. Morell

Mr. Robert Hardy of Arcadia Homes, was present seeking approval for a 1.5-foot encroachment into the required 16-foot side yard setback for the construction of a two-story addition, located 14.5-feet from the easterly side yard for Lot 104, Replat of Forest Lake Country Club Estates, Section 8. 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. (19-08-276-013)

Mr. Hardy addressed the Board for a 1.5-foot encroachment into the side yard setback and a 15-foot encroachment into the westerly side yard for the construction of a two-story addition to the existing non-conforming building.

Mr. William Wells, resident at 2811 Mackintosh, and chairman of the Forest Lake Estates Property Owners Association, was present and spoke in support of the variance request.

Motion by Mr. Henry, Seconded by Ms. Seneker in regard to the appeal at 2935 W. Hickory Grove for the 1.5-foot encroachment into the side yard setback and a 15-foot encroachment into the westerly side 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) 367 Tilbury Road – J. Coan

Mr. Kevin Hart of Kevin Hart & Associates, was present seeking approval for a 10.8-foot encroachment into the required 40-foot front yard setback for the construction of a single story porch addition, located 29.2-feet from the front lot line for Part of Lot 208, and all of Lot 209, 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 40-feet in the front yard setback. (19-26-352-020)

Mr. Hart addressed the Board with a request to encroach 10.8-feet into the front yard setback for the construction of a single story porch addition. Mr. Hart presented the Board with the approval from the subdivision association, Judson Bradway’s Bloomfield Village.

Motion by Mr. Taylor, Seconded by Ms. Seneker in regard to the appeal at the 367 Tilbury for a 10.8-foot encroachment into the front yard setback for the non-conforming building, 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.

(6) 3125 S. Adams Road – J. Hilty

Mr. Michael Cameron of Michael’s Carpentry & Building Company, was present seeking approval for a 7-foot encroachment into the required 16-foot side yard setback for the construction of a single story addition, located 9-feet from the northerly side lot line for Acreage Parcel A10-15-93, Section 24. 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. (19-24-476-011)

Mr. Cameron addressed the Board with a 7-foot encroachment into the side yard setback for the construction of a proposed bathroom addition. Mr. Cameron indicated that an alternate location on another elevation of the house would require the construction of a bedroom as well, and therefore create an economic hardship for the homeowner due to the increased cost.

Mr. and Mrs. Ralph Graham, resident’s at 3103 North Adams Road, were present and spoke in support of the variance request.

Ms. Reisinger made mention of one letter received in support with contingencies from Mr. and Mrs. Gale Forbes, resident’s at 5381 Hickory Bend and one letter received in objection from Mr. Jerome Mills, resident at 737 Kensington Lane.

Motion by Mr. Aldrich, Seconded by Ms. Reisinger in regard to the appeal at 367 Tilbury Road for the 7-foot encroachment into the northerly 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 .

(7) 4321 Sawgrass Drive – W. Repensek

Ms. Repensek, homeowner, was present seeking approval for the installation of an accessory structure, a stand-by generator, located in a front yard more than 40-feet from the front lot line, Tuckaway Drive frontage, for Unit 17, Apartment 45, Wabeek Fairways West No. 2, Section 18. Article XV, Section 1503 of Zoning Ordinance No. 265 states that ground mounted mechanical or electrical equipment shall be permitted in any rear yard when placed immediately adjacent to the residential building within the One-Family Cluster and Multiple-Family Residential Districts. (19-18-352-024)

Ms. Repensek addressed the Board with a request for a stand-by generator to be located in the front yard screened with evergreen plantings.

Motion by Mr. Henry, Seconded by Ms. Seneker in regard to the appeal at 4321 Sawgrass Drive for the installation of a stand-by generator, located in a front yard, screened with evergreens, 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) 2573 Ginger Court – Casadei Development

Mr. Robert Casadei of Casadei Homes Inc, was present seeking approval for existing accessory structures, stone retaining walls screened with evergreen plantings, located in the side and rear yards less than 16-feet from the northeasterly side lot line with an overall height of 5.8-feet for Lot 15, Eastways Farm Subdivision, Section 11. 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 be located closer than 16-feet to any side or rear lot line and shall require the review and approval of the Zoning Board of Appeals. (19-11-226-027)

Mr. Casadei addressed the Board for the existing stone retaining walls. Mr. Casadei indicated that the purpose of the retaining walls was associated with reconciling the severe grade changes due to the topography of the development.

Ms. Reisinger questioned Ms. McCullough, Planning and Building Director, of the previous motion made by the Board two years ago regarding granting variances for this development.

Ms. McCulllough replied that she was not with the Township at the time this development was approved, but believed the comments were made to reflect variances for any encroachments into the natural feature area and/or buffer.

Motion made by Ms. Reisinger, Seconded by Ms. Seneker in regard to the appeal at 2573 Ginger Court for the existing stone retaining walls screened with evergreen plantings, located in a side and rear 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.

(9) 2125 Telegraph Road – R D Bloomfield Associates

Mr. Ken Rosinski of Kustom Remodeling, was present seeking approval for an existing accessory structure, an 8’ x 16’ x 8’ high temporary mobile office trailer to be located on site approximately four months and removed after completion of construction of a new commercial building, located in the rear yard more than 16-feet from the side and rear property lines for Acreage Parcel, Section 5. 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. (19-05-328-001)

Mr. Rosinski addressed the Board with the request for an existing mobile office trailer currently on site to be utilized as an office. The temporary trailer would remain on site during the construction, but would be removed by April 2006.

Ms. Seneker questioned the possibility of skirting the trailer.

Mr. Rosinski replied that skirting could be added to the existing trailer.

Motion by Ms. Reisinger, Seconded by Mr. Devine in regard to the appeal at 2125 Telegraph Road for the existing temporary mobile office trailer, be approved as submitted based on the information presented, the applicant did demonstrate compliance with Section 1804 Standards. Contingent upon immediate installation of skirting the trailer with removal of the trailer by April 15th, 2006.

Motion carried, 7 – 0.

(10) 5759 Blandford Road – C. Heaphy

Mr. Chris Heaphy, homeowner, was present seeking approval for an existing accessory structure, a 10’ x 10’ enclosed gazebo, located in a rear yard more than 16-feet from the side and rear property lines for Lot 3, Glencoe Estates, Section 28. 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. (19-28-153-004)

Mr. Heaphy addressed the Board for an existing gazebo. Mr. Heaphy indicated that the gazebo is made of black aluminum, screened with nylon like material in a neutral beige and black color. Mr. Heaphy also indicated that the gazebo provides a barrier for the grill, table, chairs, firewood, and other backyard items.

Mr. Devine made mention of the approval letter received from the Glencoe Estates Homeowners Association contingent upon removal of the cover from the frame during the cold weather months.

Motion by Mr. Devine, Seconded by Ms. Reisinger in regard to the appeal at 5759 Blandford Road for the existing enclosed 10’ x 10’ gazebo, be approved as submitted based on the information presented, the applicant did demonstrate compliance with Section 1804 Standards. Contingent upon the cover being removed from November 1st through March 31st, unless the association approves otherwise.

Motion carried, 7 – 0.

(11) 4349 Risdon Court – R. Renwick

Mr. Roderick Renwick, homeowner, was present seeking approval for an existing accessory structure, a 12’ x 16’ x 20.9’ high tree house, located in a front yard 80-feet from the front lot line, Juniper Lane frontage, for Lot 156, Bloomfield Heights No. 8, 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, shall not exceed one (1) story or 14-feet in height, and shall require the review and approval of the Zoning Board of Appeals. (19-17-376-035)

Mr. Renwick addressed the Board with the request for an existing tree house. Mr. Renwick indicated that the tree house was built within the last year for his son.

Ms. Reisinger questioned if comments from the subdivision association was sought prior to the installation of the tree house.

Mr. Renwick replied that the association made no comment to approve or oppose the structure.

Mr. Devine made mention of two letters received in opposition one from Mr. Peter Connolly, resident at 1342 Juniper Lane, and one signed from eight surrounding neighbors.

Chairman Khederian made comment as to the safety issues of the tree house, including the existing detached ladder, the missing handrail, and the existing height of the structure.

Mr. Tim Conklin, resident at 1349 Juniper Lane, was present and spoke in opposition of the variance request.

Mr. Leon Fogel, resident at 1350 Juniper Lane, was present and spoke in opposition of the variance request.

Ms. Donna Dumas, resident at 1336 Juniper Lane, was present and spoke in opposition of the variance request.

Motion by Mr. Devine, Seconded by Mr. Henry in regard to the appeal at 4349 Risdon Court for the existing tree house, be denied as submitted, and the variance for the 20.9-foot high tree house located in a front yard be denied as submitted, the applicant did not demonstrate compliance with Section 1804 Standards or practical difficulty. The structure is to be removed within 30 days from the approval of these minutes. The structure must be secured, so that all access is denied. Compliance would be not be unduly burdensome to the homeowner or the neighbors, justice would be served to have the structure removed, and this situation was self-created with no hardship to the property owner. Given the location and size of the existing structure is inappropriate, the structure is not harmonious to the neighborhood and is a danger when neighbors are not in control of their own property due to the height of the structure.

Motion carried, 4 – 3.

YEAS: Devine, Henry, Seneker, Khederian

NAYS: Reisinger, Aldrich, Taylor

Mr. Henry commented that a compromised clubhouse at grade with neighbors approval may be considered in the future.

(12) 4120 Echo Road – A. Schwartz

Mr. Ken Neumann of Neumann Smith & Associates, was present seeking approval for the installation of an accessory structure, an air-conditioning unit screened with plantings, located in the front yard approximately 13-feet from the residential building and more than 40-feet from the front lot lines, Echo Road and Long Lake Road frontages. Article XV, Section 1503 of Zoning Ordinance No. 265 states that ground mounted mechanical and electrical equipment shall be permitted in side or rear yard when placed immediately adjacent to the residential building.

Also seeking an interpretation of Article II, Section 201 of Zoning Ordinance No. 265 as it relates to the definition of yards. Article II, Section 201 of Zoning Ordinance No. 265 defines yards as the open space on the same lot with a main building, unoccupied and unobstructed from the ground upward except as otherwise provided in this Ordinance:

FRONT YARD: An open space extending the full width of the lot, depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building.

REAR YARD: An open space extending the full width of the lot the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building. In the case of a corner lot, the rear yard may be opposite either street frontage.

SIDE YARD: An open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building. Acreage Parcel Section 17 (Alan Schwartz, 4120 Echo Road, 19-17-401-011)

Mr. Newmann addressed the Board with the request for the installation of a front yard air-conditioner that would be placed approximately 8-feet into the front within an existing heavily landscaped area.

Ms. Seneker made mention of a letter received from Mr. Phillip Fisher, resident at 1288 W. Long Lake, in support of the variance request.

Mr. Neumann commented that he would remove is request for an interpretation of yards, should the variance be granted for the air-conditioning unit.

Ms. Patti McCullough, Planning and Building Director, affirmed the interpretation of the front, side and rear yards for the lot and noted the frontage along Echo Road as the front yard.

Motion by Mr. Aldrich, Seconded by Mr. Henry in regard to the appeal at 4120 Echo Road for the installation of an air-conditioning unit located in a front yard, 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.

Motion by Mr. Devine, Seconded by Ms. Reisinger in regard to the interpretation request of Article II, Section 201 of the Zoning Ordinance No. 265 as it relates to the definition of yards be removed as requested.

Motion carried, 7 – 0.