Zoning Board of Appeals Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
ZONING BOARD OF APPEALS
Tuesday, May 9, 2006
Bloomfield Township Hall

PRESENT: Board Members Dan Devine, Robert Taylor, Brian Kepes, Jane Reisinger, Chairman Corrine Khederian

ABSENT: Lisa Seneker, James Aldrich

STAFF PRESENT: Patricia McCullough, Planning and Building Director, Brenda Schlutow, Code and Ordinance Director, and Kathy Davis, Building Department Secretary

ABSENT: Robin Carley, Development Coordinator

Chairman Khederian addressed the audience and indicated that item (9) 5920 Snowshoe Circle, was rescheduled to June 13th, 2006 at the petitioner’s request. Item (14) 377 Woodedge Lane, was removed at the petitioner’s request and item (17) 1117 Woburn Green, was removed at the petitioner’s request.

II. APPROVAL OF MINUTES:

Approval of the Zoning Board of Appeals Minutes of April 11th, 2006.

Motion was made by Mr. Devine, Seconded by Ms. Reisinger to approve the minutes of April 11th, 2006 as written.

III. APPEALS:

(1T) 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. Also seeking approval for the installation of an air-conditioning unit screened with plantings, located in a front yard, Worlington Road frontage, immediately adjacent to the residential building on 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 ft. to any side or rear lot line, and shall require the review and approval of the Zoning Board of Appeals and that ground mounted mechanical or electrical equipment shall be permitted in any side or rear yard. (19-29-401-017)

Ms. Leader addressed the Board for an existing split face concrete block retaining wall ranging from 1 to 5-feet in height, located in the side and rear yards. Also seeking an approval for the installation of an air-conditioning unit screened with plantings, located in a front yard. Ms. Leader presented the Board with a revised landscape plan identifying the height, caliber and species of the proposed landscape to be installed. The landscape plan accompanied the approval from the Wing Lake Property Owners Association as of May 3rd, 2006.

Ms. Patti McCullough, Planning and Building Director, made mention of a letter received from Mr. Gerald Tuchow, resident at 6115 Wing Lake. The letter indicated that an agreement has been resolved in regards to the installation of two twenty-foot trees to be provided and placed directly to the northwest corner of the Tuchow’s property at 6115 Wing Lake Road.

Ms. Rebecca Vanderbeek, resident at 6301 Sheringham Road, was present and spoke in support of the proposed landscape plan.

Mr. Devine questioned would the proposed air-conditioning unit be screened.

Ms. Leader replied that the air-conditioning unit would be screened with an arborvitae hedge with a level top, 8 to 10-feet in height and 3 to 4-feet in height on the hedge return.

Motion by Mr. Devine, Seconded by Mr. Taylor in regards to the appeal at 6186 Worlington Road for the existing retaining wall, be approved as submitted, and the variance for the location of the retaining wall in the side yard and an air- conditioning unit located in a front yard be granted, based on the information presented, with the landscape plan, the applicant did demonstrate compliance with Section 1804 Standards, and did demonstrate all of the standards for practical difficulty.

Motion carried, 5 – 0.

(2T) 4653 Chelsea Lane – T. Burnstein

Mr. Bob Stern of Bob Stern Building Company, was present seeking approval for a 14.5-foot encroachment into the required 40-foot front yard setback for the construction of a two-story addition to include a garage and bedroom, located 25.5-feet from the front lot line, Chelsea Lane frontage, of Lot 44, Franklin Ravines, Section 31. Article XIV,

Section 1400 of Zoning Ordinance No. 265 requires a minimum of 40-feet in the front yard setback. (19-31-403-005)

Mr. Stern addressed the Board for a 14.5-foot encroachment into the front yard setback for the construction of a two-story addition that would include a four-car side entry garage with a bedroom above. Mr. Stern introduced Mr. Tom Page, Landscape Architect.

Mr. Page presented the Board with a detailed landscape plan and indicated that the two Australian Pines would remain.

Mr. Kepes commented that the plantings proposed on the landscape plan does not concur with the surrounding neighbors.

Mr. Mark Burnstein, homeowner, was present and mentioned that in time the plantings would mature. Mr. Burnstein also indicated that he had submitted plans to the sub division association and no response has been made.

Mr. Steven Dunn, President of the Franklin Ravines homeowners subdivision association, was present and spoke in opposition of the variance request.

Mr. Arthur Ciagne, resident at 4662 Chelsea Lane, was present and spoke in opposition of the variance request.

Mr. Taylor questioned the need for the fourth car garage.

Mr. Burnstein replied that the garage addition would accommodate for a fourth vehicle and the two-story addition would accommodate for an additional bedroom.

Motion by Mr. Devine, Seconded by Mr. Taylor in regard to the appeal at 4653 Chelsea Lane for the 14.5-foot encroachment into the front yard setback, that the variance request be denied. Based on the information presented, the applicant did not demonstrate that compliance would be unduly burdensome, there are no unique circumstances with the property, and it is self-created, being that it is against the deed restrictions of the subdivision association.

Motion carried, 5 – 0.

NEW ITEMS

(1) 4155 Valley Forge Road – S. Batdorff

Mr. Steve Batdorff, homeowner, was present seeking approval for an existing accessory structure, a 7’ x 7’ hot tub, located in a rear yard more than 16-feet from side and rear lot lines on Lot 126, Foxcroft No. 3, Section 29. 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. (19-29-277-007)

Mr. Batdorff addressed the Board with the request for an existing 7’ x 7’ portable hot tub, located in the rear yard. Mr. Batdorff submitted subdivision association approval to the Board.

Mr. John Peters, resident at 5960 Crabtree, and President of the Foxcroft subdivision association, was present and spoke in support of the variance request.

Mr. Robert Randall of Tony V’s sunrooms and spas, was present and complimented the Township Planning/Building Department regarding the information that was provided for the accessory structures.

Motion by Mr. Kepes, Seconded by Mr. Devine in regard to the appeal at 4155 Valley Forge Road for the existing 7’ x 7’ hot tub, that the request be approved as submitted based on the information presented, the applicant did demonstrate compliance with Section 1804 Standards.

Motion carried, 5 – 0.

(2) 6355 Wing Lake – R. Kirkman

Mr. & Mrs. Robert Kirkman, homeowners, were present seeking approval for a 6-foot encroachment into the required 16-foot side yard setback for the construction of a two-story addition to include a family room and master bedroom, located 10-feet from the southerly side lot line for Lot 133, Wing Lake Shores, Section 29. Article XIV, Section 1400 of Zoning Ordinance No. 265 requires a minimum of 16-feet in the side yard setback. (19-29-377-003)

Mr. Kirkman addressed the Board with the request for a 6-foot encroachment into the side yard setback for the construction of a two-story addition that would include a family room and master bedroom.

Ms. Reisinger questioned how many trees would be removed to accommodate this proposed project.

Mr. Kirkman replied approximately three to five trees would be removed. Mr. Kirkman commented that landscaping would be reinstalled after the addition was completed.

Ms. Pam Carmichael, resident at 6080 Worlington, was present and spoke in opposition of the variance request.

Ms. Sally Ann Poinsett, resident at 6391 Wing Lake, was present and spoke in support of the variance request.

Ms. Rebecca Vanderbeek, resident at 6301 Sheringham, and Treasurer of the subdivision, was present and spoke in support of the variance request.

Motion by Mr. Taylor, Seconded by Ms. Reisinger in regard to the appeal at 6355 Wing Lake for the 6-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 that compliance would be unduly burdensome, no injustice to the adjoining neighbors, unique circumstances with the property, give that the home was built in the 1920’s, and it is not self-created.

Motion carried, 5 – 0.

(3) 876 Glengarry Circle West – S. Metrose

Mr. Rick Wiand of Hunter Robert Homes, was present seeking approval for a 7.5-foot encroachment into the required 16-foot side yard setback for the installation of an air-conditioning unit, located 8.5-feet from the northerly side lot line of Lot 626, Judson Bradway’s Bloomfield Village No. 2, Section 27. Article XV, Section 1503 of Zoning Ordinance No. 265 states that ground mounted mechanical or electrical equipment shall not be located in the required 16-foot side yard setback. (19-27-251-006)

Mr. Wiand addressed the Board for a 7.5-foot encroachment into the side yard setback for the installation of an air-conditioning unit. Mr. Wiand indicated that there is two existing air-conditioning units currently located on the north side yard and are screened from view in all directions. Mr. Wiand indicated that the unit would be placed along the same northerly sidewall of the residence where the other two units currently exist. Mr. Wiand presented the Board with subdivision association approval.

Motion by Ms. Reisinger, Seconded by Mr. Devine in regard to the appeal at 876 Glengarry Circle West for the 7.5-foot encroachment into the northerly side yard setback for the installation of an air-conditioning unit, 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, 5 – 0.

(4) 2230 Hammond Lake Drive East – S. Kaveeshvar

Mr. Paul Marlow of AZD Architects, was present seeking approval for a 2.5-foot encroachment into the required 16-foot side yard setback for the installation of two air-conditioning units screened with plantings, located immediately adjacent to the

residential wall 13.5-feet from the northerly side lot line. Also seeking approval for a 2-foot encroachment into the required 16-foot side yard setback for the construction of a stairway leading to a second story deck, located in the side and rear yards 14-feet from the northerly side lot line for Lot 89, Hammond Lake Estates No. 1, Section 6. Article XIV, Section 1400 of Zoning Ordinance No. 265 requires a minimum of 16-feet in the side yard setback. (19-06-301-003)

Mr. Marlow addressed the Board for a 2.5-foot encroachment into the side yard setback for the installation of two air-conditioning units that would be located immediately adjacent to the residence and screened with plantings.

Ms. Patti McCullough, Planning and Building Director, identified that the approved site plan was approved on August 24th, 2005. The plan presented, was constructed without the proper approvals and permits.

Mr. Devine complimented the Planning/Building Department for their findings.

Motion by Mr. Kepes, Seconded by Mr. Devine in regard to the appeal at 2230 Hammond Lake Drive East, to table the request to June 13th, 2006, for the 2.5-foot encroachment into the side yard setback for the installation of two air-conditioning units, to allow the builder of record be present at the meeting.

Motion carried, 5 – 0.

(5) Turtle Lake Development – Gatehouse

Mr. Jim Struble of RCI Electric Company, was present seeking approval for an existing accessory structure, a stand-by generator screened with plantings, located immediately adjacent to the southerly wall of the association’s gatehouse for Heron Bay Homeowner’s Association, Section 8. Article XV, Section 1503 of Zoning Ordinance No. 265 states that ground mounted mechanical and electrical equipment shall be permitted in any side or rear yard when placed immediately adjacent to the residential building. (19-08-101-011)

Mr. Struble addressed the Board for the request of an existing stand-by generator located immediately adjacent to the southerly wall of the association’s gatehouse, screened with plantings. Mr. Struble indicated that the gatehouse building incorporates the property management and security office for the subdivision.

Mr. Kepes questioned given the location of the generator how would the generator testing be measured.

Ms. Patti McCullough, Planning and Building Director replied that the generator would be tested within reason, given this is not a typical structure.

Motion by Mr. Kepes, Seconded by Mr. Devine in regard to the appeal at Turtle Lake Development/Heron Bay Homeowner’s Association’s gatehouse for the existing stand-by generator, screened with plantings, located immediately adjacent to the southerly wall of the association’s gatehouse, 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. The generator must comply with Township Noise Ordinance.

Motion carried, 5 – 0.

(6) 4718 Pickering Road – A. Vincent

Mr. Augustin Vincent, homeowner, was present seeking approval to demolish an existing accessory structure and build a new 8’ x 10’ x 10’ high shed on the existing foundation, located in a side yard more than 16-feet from the side and rear property lines for Lot 32, Franklin Woods Manor No. 1, Section 31. 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. (19-31-327-011)

Mr. Vincent addressed the Board with a request for a new 8’ x 10’ x 10’ high shed to be placed on an existing foundation, located in a side yard. Mr. Vincent indicated that the existing shed was removed due to the dilapidated state of the shed. Mr. Vincent presented the Board with the approval from the subdivision association.

Motion by Mr. Taylor, Seconded by Ms. Reisinger in regard to the appeal at 4718 Pickering Road for a 8’ x 10’ x 10’ high shed, to be placed on the existing foundation, be approved as submitted, and the variance for the side yard 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, 5 – 0.

(7) 3637 Franklin Road – G. Locher

Mr. Gabriel Locher, homeowner, was present seeking approval for the construction of accessory structures, steps leading down an embankment extending towards Lower Long Lake, Franklin Road frontage, with an overall height of 14-feet, located 11-feet from the water’s edge as part of ownership of 3637 Franklin Road, Part of Lot 2, Supervisor’s Plat of North Devon Acres, Section 17. 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 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. Article XV, Section 1517 of Zoning Ordinance No. 265 requires a 25-foot setback from the boundary or edge of a wetland. (19-17-276-008)

Mr. Locher addressed the Board with the request for steps leading down an embankment extending towards Lower Long Lake, Franklin Road frontage, with an overall height of 14-feet. Mr. Locher indicated that the steps would be located 11-feet from the water’s edge as part of ownership of 3637 Franklin Road. Mr. Locher presented the Board with the approval from the Island, Lower Long and Forest Lake Property Owners Association.

Motion made by Ms. Reisinger, Seconded by Mr. Devine in regard to the appeal at 3637 Franklin Road for the construction of steps, be approved as submitted, and the variance for the overall height of 14-feet 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, 5 – 0.

(8) 6301 Sheringham Road – R. Vanderbeek

Ms. Rebecca Vanderbeek, homeowner, was present seeking approval for the construction of an accessory structure, an 8-foot high pergola, located in a front yard 35-feet from the front lot line, Sheringham Road frontage, for Lots 110 and 111, 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 and shall require the review and approval of the Zoning Board of Appeals. (19-29-376-004)

Ms. Vanderbeek addressed the Board for an 8-foot high pergola to be located in the front yard. Ms. Vanderbeek indicated that the pergola would blend in with the current landscaping and existing garden design. Ms. Vanderbeek submitted subdivision association approval to the Board.

Motion by Mr. Taylor, Seconded by Mr. Kepes in regard to the appeal at 6301 Sheringham Road for the pergola, be approved as submitted, and the variance for the front yard 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, 5 – 0.

(9) (At the petitioner’s request, this item has been rescheduled to June’s meeting)

Seeking approval for an existing accessory structure, a 9’ x 6’ x 6’ high storage shed screened with plantings, located in a rear yard 20-feet from the northerly side lot line and 16-feet from the rear lot line for Lot 23, Gilbert Lake Estates, Section 28. 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. (Jay Hansen, 5920 Snowshoe Circle, 19-28-176-015)

Ms. Reisinger recused herself from item 10, due to the petitioner being a business client.

Chairman Khederian informed the petitioner that four unanimous votes would be required to obtain approval for the variance request.

Mr. Hedges, homeowner, requested to proceed with the variance request.

(10) 2727 Warwick Drive – S. Hedges

Mr. Scott Hedges, homeowner, was present seeking approval for the installation of 6-foot high cedar fencing, extending from the easterly wall of the building towards the side lot line. Also seeking approval for the installation of an accessory structure, pool equipment, located in a rear yard approximately 36-feet from the residential building and approximately 10-feet from the westerly side lot line for Lot 18, Hugo Hills, Section 11. Article XV, Section 1510 of Zoning Ordinance No. 265 states fences in a residential district shall not exceed 4-feet in height. 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. (19-11-104-021)

Mr. Hedges addressed the Board with two variance requests surrounding the backyard swimming pool project. Mr. Hedges proposed to install a 6-foot high cedar fence, natural in color, extending from the easterly wall of the building towards the side lot line. Mr. Hedges also requested the pool equipment to be placed in the rear yard on concrete brick pavers approximately 36-feet from the residential building and 10-feet from the westerly side lot line. Mr. Hedges submitted subdivision association approval to the Board.

Mr. Devine questioned would landscaping be installed.

Mr. Hedges replied arborvitaes, 4 to 6-feet in height would be installed between the fence and driveway to soften the look of the fence along with a variety of shrubby and seasonal flowers.

Chairman Khederian questioned would the fence supports face the petitioners property.

Mr. Hedges replied that the fence supports would face his property.

Mr. Kepes recommended year round landscaping for the proposed fence.

Mr. Hedges replied that he would install ivy or additional arborvitaes to help screen the fence year round.

Mr. Taylor questioned the petitioner if he would be opposed to installing a 5-foot fence and what was the need for the 6-foot fence as requested.

Mr. Hedges replied the fence material is sold in 6-foot lengths and the need for the 6-foot fence would be for privacy from the road.

Chairman Khederian questioned the screening of the pool equipment.

Mr. Hedges replied that the pool equipment would be screened by a 4’x 8’ treated wood lattice screen facing east and a 4’x 4’ treated wood lattice screen facing north.

Mr. Taylor questioned the petitioner if he would consider it burdensome to make the fence 5-feet in height instead of 6-feet as requested.

Mr. Hedges replied no.

Mr. Taylor indicated that the Township Ordinance states a 4-foot fence is allowed. Mr. Taylor commented that he does not understand the practical difficulty presented for a 6-foot fence vs. the 5-foot.

Mr. Hedges replied that the fence can be cut down to 5-feet.

Mr. Kepes questioned if additional evergreen screening could be installed along the proposed fence.

Mr. Hedges replied he would install four to six arborvitaes 4-foot in height along the proposed fence.

Motion by Mr. Taylor, Seconded by Mr. Devine in regard to the appeal at 2727 Warwick Drive for the 5-foot high cedar fencing extending from the easterly wall of the building and pool equipment, located approximately 36-feet from the residential building and 10-feet from the westerly lot line, 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. The petitioner is to install a minimum of six 4-foot high arborvitaes along the fence with the fence supports facing the petitioner’s property.

Motion carried, 4 – 0 – 1.

YEAS: Taylor, Devine, Kepes, Khederian

NAYS: None

ABSTAINED: Reisinger

(11) 4500 Cimarron Drive – O. Peret

Mr. Mark Peret, homeowner, was present seeking approval for the installation of 2.4-foot high fencing and gate, placed along the water’s edge with portions extending into the front yards, Cimarron Drive and Indian Trail frontage, for Lot 36, Lone Pine Heights No. 1, Section 19. 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 that a common street line with front yards on the same block shall be treated as front yards and shall not have a fence constructed within the minimum setback of 40-feet. (19-19-126-005)

Mr. Peret addressed the Board with a request for the installation of a 2.4-foot high fence with a gate along the water’s edge with portions extending into the front yards.

Mr. Peret indicated the purpose of the fence would be to provide safety for his children. Mr. Peret commented that the fence would be black in color and the material would be metal. Mr. Peret commented that the fence would be in place for approximately two to three years. Mr. Peret indicated that the fence supports would face his property.

Ms. Gail Danto, resident at 1871 Indian Trail, was present and spoke in support of the variance request.

Motion by Mr. Devine, Seconded by Ms. Reisinger in regard to the appeal at 4500 Cimarron Drive for the installation of a 2.4-foot high fence with a gate located in the 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. The fence supports to face the petitioner’s property and the fence is to be removed on May 9th, 2009.

Motion carried, 4 – 0 – 1.

YEAS: Devine, Reisinger, Taylor, Khederian

NAYS: None

ABSENT: Kepes

(12) 1000 Lone Pine Road – D. Iafrate

Mr. Lou DesRosiers, of DesRosiers Architects, and David Iafrate, homeowner, was present seeking approval for the construction of accessory structures, two 2’ x 3’ x 5.6’ high stone piers with electronic gates, located on private property adjacent to the road right-of-way at each of the two driveway entrances for Acreage Parcel, 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. 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. (19-21-178-026)

Mr. DesRosiers addressed the Board with the request for the construction of two 2’ x 3’ x 5.6’ high stone piers with electronic gates located on private property adjacent to the road right-of-way at each of the two driveway entrances. Mr. DesRosiers indicated that the homeowner receives trespassers on the property weekly and the proposed gates would provide security and safety.

Ms. Reisinger questioned would the mailbox remain in the current location.

Mr. Iafrate replied the mailbox would remain in the current location.

Mr. Devine questioned what would the resistance of the proposed gate be when received from a fire truck or a police car accessing the property due to fire and life safety issues.

Mr. DesRosiers replied that the proposed electronic gates would have a "break-away" mechanism installed that would allow for the emergency vehicle to gain access onto the property. Mr. DesRoisers commented that a Hold Harmless Affidavit would also be submitted to the Township.

Mr. Kepes questioned could the gates be relocated 5-feet into the driveway to allow for landscaping vehicles with trailers to gain access without backing up traffic on Lone Pine Road.

Mr. Iafrate replied that the property would be under management control. Mr. Iafrate indicated that the landscape contractor would have a remote control for access at all times with no delays of access onto the property. Mr. Iafrate stated that if one gate is relocated the other gate must be relocated to keep the structure uniform and aesthetically pleasing with the road.

Motion by Ms. Reisinger, Seconded by Mr. Taylor in regard to the appeal at 1000 Lone Pine Road for the construction of two 2’ x 3’ x 5.6’ high stone piers with electronic gates, be approved as submitted, and the variance for the piers and 5.6-foot high electronic gates 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. Homeowner is to submit a Hold Harmless Affidavit to the Township. The electronic gates are to have a "break-away" type mechanism.

Motion carried, 4 – 1.

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

(13) 195 Strathmore Street – R. Sorensen

Mr. Richard Sorensen, homeowner, was present, seeking approval for the installation of accessory structures, pool equipment, located approximately 122-feet from the residential building inside the existing shed for Lot 24, Bloomfield Estates Subdivision, Section 24. Article XV, Section 1503 of Zoning Ordinance 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. (19-24-302-007)

Mr. Sorensen addressed the Board with the request for the installation of pool equipment to be located inside an existing shed approximately 122-feet from the residential home. Mr. Sorensen submitted subdivision association approval to the Board.

Ms. Reisinger questioned the existing shed, would it be painted as indicated on the Notice of Violation from the Ordinance Department.

Mr. Sorensen replied that he would install siding on the existing shed to match the residential home and paint the door a dark brown color.

Mr. Kepes questioned if there was a time frame set for this project.

Mr. Sorensen replied the projected completion date is to be by the end of June.

Motion made by Mr. Devine, Seconded by Ms. Reisinger in regard to the appeal at 195 Strathmore Street for the installation of pool equipment in an existing shed, 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. The firewood and material is to be removed, the shed is to be painted or sided to match the residence, and the construction is to be completed by July 31st, 2006.

Motion carried, 5 – 0.

(14) (At the petitioner’s request, this item has been withdrawn)

Seeking approval for a 6.3-foot encroachment into the required 16-foot side yard setback for the construction of a two-story addition to include an entertainment area and master suite, located 9.7-feet from the easterly side lot line for Lot 14, Hickory Grove Hill Subdivision, Section 10. The existing home is currently non-conforming. Article XIV, Section 1400 of Zoning Ordinance No. 265 requires a minimum of 16-feet in the side yard setback. Article XV, Section 1502 of Zoning Ordinance No. 265 states that non-conformities shall not be enlarged upon, expanded or extended. (Michael Alioto, 377 Woodedge Lane, 19-10-276-035)

(15) 73 Judy Lane – S. Meltzer

Mr. Seth Meltzer, homeowner, was present seeking approval for an 18-foot encroachment into the required 35-foot rear yard setback for the construction of a one-story addition to include a master suite and living room, located 17-feet from the rear lot line for Lot 3, Carole Meadows, Section 25. Article XIV, Section 1400 of Zoning Ordinance No. 265 requires a minimum of 35-feet in the rear yard setback. (19-25-176-027)

Mr. Meltzer addressed the Board with the request for an 18-foot encroachment into the rear yard setback for the construction of a one-story addition. Mr. Meltzer indicated that the proposed addition would include a master bedroom suite and a living room. Mr. Meltzer submitted subdivision association approval to the Board.

Motion made by Mr. Kepes, Seconded by Mr. Devine in regards to the appeal at 73 Judy Lane for the 18-foot encroachment into the rear 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, 5- 0.

(16) 245 Harrow Circle – D. Simonelli

Mr. David Simonelli, homeowner, was present seeking approval for a 4-foot encroachment into the required 16-foot side yard setback for the construction of a two-story garage addition to include an unfinished attic, located 12-feet from the easterly side lot line for Lot 22, Bloomfield Manor Subdivision, Section 25. Article XIV, Section 1400 of Zoning Ordinance No. 265 requires a minimum of 16-feet in the side yard setback. (19-25-203-002)

Mr. Simonelli addressed the Board for a 4-foot encroachment into the side yard setback for the construction of a two-story garage addition to include an unfinished attic. Mr. Simonelli submitted subdivision association to the Board and approval from the neighbor to the east.

Motion by Mr. Taylor, Seconded by Mr. Kepes in regards to the appeal at 245 Harrow Circle for a 4-foot encroachment into the easterly 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. Homeowner is to submit a Single Family Affidavit to the Township.

Motion carried, 5 – 0.

(17) (At the petitioner’s request, this item has been withdrawn.)

Seeking approval for existing accessory structures, retaining walls with an overall height of 8-feet, located in the front and side yards 52.4-feet from Telegraph Road. Also seeking approval to encroach 24-feet into the lakeside setback with the required average setback of the neighboring properties at 55.5-feet for the construction of a deck, located 31.5-feet from the water’s edge for Unit 100, 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 and shall require the review and approval of the Zoning Board of Appeals. Article XIV, Section 1400 of Zoning Ordinance No. 265 requires new construction to be set back from the waterfront the average of the setback of the principal buildings on the nearest improved waterfront lots within 500-feet of each side of the lot in question. (Midtown Holding Corporation, 1117 Woburn Green, 19-20-226-110)

(18) 2815 Courville – G. Divecha

Mr. Ken Flora of Flora Construction, along with Mr. Geeta Divecha, homeowner, was present seeking approval to encroach 17.2-feet into the required 35-foot rear yard setback for the construction of a two story addition to include a kitchen, dining and family room, located 17.8-feet from the rear lot line of Lot 157, Bloomfield Hickory Grove Subdivision, Section 9. 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 35-feet in the rear yard setback. (19-09-180-001)

Mr. Flora addressed the Board with the request for a 17.2-foot encroachment into the rear yard setback. Mr. Flora indicated that the dimensions on the approved drawings did not match the previous approval from the December 13th, 2005 Zoning Board of Appeals meeting. Mr. Flora complimented the Building Department for their findings. Mr. Flora indicated that the subdivision association granted approval.

Motion made by Mr. Devine, Seconded by Ms. Reisinger in regard to the appeal at 2815 Courville for the 17.2-foot encroachment into the rear 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, 5 – 0.

IV. GENERAL BUSINESS

V. ADJOURNMENT

Respectfully submitted,

Patricia McCullough, Director

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