Zoning Board of Appeals Minutes
CHARTER TOWNSHIP OF BLOOMFIELD
ZONING BOARD OF APPEALS
Tuesday, June 13th, 2006
Bloomfield Township Hall
I. ATTENDANCE:
PRESENT: Board Members Dan Devine, Lisa Seneker, Robert
Taylor, James Aldrich, Brian Henry and Corinne Khederian
ABSENT: Brian Kepes, Jane Reisinger and Larry Smith
STAFF PRESENT: Patti McCullough,
Planning and Building Director, Brenda Schlutow, Code and
Ordinance Director, and Kathy Davis, Building Department
Secretary
II. APPROVAL OF MINUTES:
A. Approval of the Zoning Board of Appeals Minutes of May 9th,
2006.
Motion by Mr. Taylor, Seconded by Ms. Seneker to approve
the minutes of May 9th, 2006, as written.
Motion carried, 6 –0.
III. APPEALS:
TABLED ITEMS
(1T) 2230 Hammond Lake Drive East – S. Kaveeshvar
Mr. Paul Merlo of AZD Associates, along with Mr. Cliff
Williams of Artisan Design & Development, were 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. Merlo addressed the Board with a 2.5-foot encroachment
into the 16-foot side yard setback for the installation of two
air-conditioning units and a 2-foot encroachment into the
16-foot side yard setback for the construction of a stairway
leading to a second story deck. Mr. Merlo stated that the next
-door neighbor would like to see the air conditioning units
placed in the proposed side yard, given the fact that this
would be the best place for them. Mr. Merlo indicated that the
homeowner and next-door neighbor both agreed that any other
proposed location for the air-conditioning units would be
unsightly and noisy towards the lakeside. Mr. Merlo indicated
that the proposed stairway is the best location based on the
design.
Ms. Patti McCullough, Planning and Building Director, made
mention of the last Zoning Board of Appeals meeting and
indicated the past history of this project. Ms. McCullough
referred to the approved site plan with the delineated notches
that were to accommodate the two air-conditioning units that
would not require a variance. Ms. McCullough referred to the
proposed site plan, which now requires a 2.5-foot encroachment
into the side yard for the two air-conditioning units. Ms.
McCullough also indicated an addition of a stairway to gain
access to grade from the deck, using the site elevations. Ms.
McCullough stated that the deck was not under permit when the
work was being done, and noted that all permits are required
prior to any construction activity. Ms. McCullough indicated
that the past approved site plan, warranted a building permit
to be issued which at that time the project was in full
compliance.
Ms. Seneker questioned when did the deviation occur.
Mr. Merlo replied during the design process the homeowner,
builder and architect made the change in the field and the
delay was with amending the construction drawings with the
building department.
Ms. McCullough commented that the changes occurred in the
field prior to making an application to revise the building
permit. Ms. McCullough stated that any time changes are made
to a building project revisions are to be submitted, reviewed
and approved prior to the constriction.
Mr. Taylor questioned the architect and the builder if this
was the first project that they have done in Bloomfield
Township.
Mr. Cliff Williams, builder, was present and replied that
he has done several projects in Bloomfield Township.
Mr. Taylor questioned how did this happen.
Mr. Williams replied that the changes were done in the
field without the architect submitting the revisions to the
building department.
Mr. Henry questioned if the deck part of the original
permit.
Ms. McCullough replied that the deck was not part of the
original permit, construction was started without the proper
permits and the application was received today for the deck
installation.
Mr. Williams replied that the deck work has been stopped
until a permit has been issued. Mr. Williams indicated that
the permit process was his due diligence.
Mr. Taylor questioned if an alternate location was
discussed for the two air-conditioning units.
Mr. Williams replied that under the deck was discussed with
the homeowner. However the next-door neighbor has requested
that the two air-conditioning units be placed on the side
yard.
Chairman Khederian questioned were other locations
considered for the two air-conditioning units.
Ms. McCullough replied from the original approved plan
utilizing the notched area. Ms. McCullough referred to the
proposed plan and indicated that the stairway can run parallel
which would not require a variance request. Ms. McCullough
referred to a notch on the proposed site plan indicating that
could be utilized for the two air-conditioning units.
Mr. Albert Babbit, resident at 2240 E. Hammond Lake Drive,
was present and spoke in support of variance request.
Mr. Kaveeshvar, homeowner, was present and thought that
this would be an easy task with no malice intended.
Ms. Seneker indicated that during her review of the
property, the next-door neighbor at 2220 E. Hammond Lake has
two air-conditioning units installed in the side yard. Ms.
Seneker made mention of a letter received in support of the
variance request from Mr. Louis Beaudet, resident at 2220 E.
Hammond Lake who is also the Architectural Reviewer of the
Civic Association of Hammond Lake.
Mr. Taylor expressed his concerns regarding the placement
of the air-conditioning units and questioned the Board how to
address the issue before the Board without penalizing the
neighbors in the process.
Motion by Mr. Devine, Seconded by Mr. Taylor in regard to
the appeal at 2230 Hammond Lake Drive East for a 2-foot
encroachment into the side yard for the construction of a
stairway leading to a second story deck, that the variance be
denied as submitted. Based on the information presented the
stairway can be
placed across the front of the deck without being in
violation of the Ordinance. Based on the information
presented, the applicant did not demonstrate compliance would
not be unduly burdensome, there would be no injustice to the
adjoining neighbors, there are no unique circumstances with
the property, and it is self created.
Motion carried, 6 – 0.
Motion by Mr. Devine, Seconded by Mr. Aldrich in regard to
the appeal at 2230 Hammond Lake Drive East for 2.5-foot
encroachment into the side yard setback for the installation
of two air-conditioning units, screened with plantings,
immediately adjacent to the residential wall be approved as
submitted. Based on the information presented, placement of
the air-conditioning units on the lakeside would be burdensome
and a nuisance for the surrounding neighbors, the applicant
did demonstrate to the Board’s satisfaction all of the
standards for practical difficulty.
Motion carried, 6 – 0.
NEW ITEMS
(1) 1117 Woburn Green – Midtown Holding Corporation
Mr. Robert Singer, from Midtown Holding Corporation, was
present seeking approval to encroach 24-feet into the lakeside
setback with the required average of the neighboring
properties at 55.5-feet for the construction of a new home,
which includes a deck, located 31.5-feet from the water’s
edge. Also seeking approval for the construction of retaining
walls with an overall height of 8-feet, located in the front
and side yards 52.4-feet from Telegraph Road for Unit 100, The
Hills of Lone Pine, Section 20. 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. 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. (19-20-226-110)
Mr. Singer addressed the board with the variance requests
and indicated that this property is the last one to be
developed. Mr. Singer indicated the proposed home is smaller
than the existing homes within the subdivision. Mr. Singer
referred to the site plan and
indicated the home could not be moved closer to the street
given the existing sewer line is located in the front yard.
Mr. Singer made mention that the proposed home would not block
the view of the lake from the neighbor to the west.
Ms. Seneker questioned the building envelope.
Mr. John Bertoia of J.F.B. Construction was present and
replied that there would be forty-feet between the two homes.
Mr. Bertoia commented that approval from The Hills of Lone
Pine as granted for the building envelope.
Mr. Devine made mention of a letter received in objection
from Mr. Marshall Greenspan, resident at 1115 Woburn Green,
indicated that the encroachment would be detrimental to his
privacy and suggested tall evergreen screening be installed to
maintain privacy for both parties. Mr. Devine questioned would
the applicant install additional landscaping.
Mr. Bertoia replied additional landscaping could be
installed to accommodate Mr. Greenspan’s privacy.
Mr. Marshall Greenspan, resident at 1115 Woburn Green, was
present and spoke in opposition of the variance request. Mr.
Greenspan indicated this variance request would look directly
into his porch. Mr. Greenspan commented that the landscaping
should protect his line of sight and his privacy.
Ms. Patti McCullough, Director of Planning and Building
suggested to the Board to have an approved landscape plan
submitted to the Planning Department with both signatures from
the petitioner and the resident at 1115 Woburn Green.
Motion by Mr. Taylor, Seconded by Mr. Aldrich in regards to
the appeal at 1117 Woburn Green for the 24-foot encroachment
into the lakeside setback be approved as submitted, and the
variance for the construction of retaining walls with an
overall height of 8-feet located in the front and side yards
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.
Subject to an approved landscape plan signed by Mr. Greenspan,
resident at 1115 Woburn Green and the petitioner to be
submitted to the Planning Department.
Motion carried, 6 –0 .
(2) 5920 Snowshoe Circle – J. Hansen
Mr. Jay Hansen, homeowner, was present seeking approval for
existing accessory structure, two 6-foot high storage sheds
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. (19-28-176-015)
Mr. Hansen addressed the Board for approval for two
existing 6-foot high storage sheds. Mr. Hansen indicated that
the purpose of the sheds, which is one shed installed side by
side were to store lawn equipment and sports equipment. Mr.
Hansen presented the Board with the approval from the sub
division association.
Chairman Khederian questioned the material of the shed.
Mr. Hansen replied that the shed material is plastic and
gray in color.
Mr. Devine made mention of a letter received in objection
from Ms. Loretta Craig, resident at 5931 Blandford.
Ms. Loretta Craig, resident at 5931 Blandford was present
and had Ms. Karen McAlister, next door neighbor spoke on her
behalf. Ms. McAlister presented pictures to the Board that she
had taken showing the landscaping and the items that are being
stored around the shed area.
Ms. Seneker questioned the petitioner would he be willing
to move the items from the shed area and add additional
landscaping.
Mr. Hansen replied, yes he would relocate the items of
concern and install additional evergreens.
Motion by Mr. Aldrich, Seconded by Ms. Seneker in regard to
the appeal at 5920 Snowshoe Circle for the existing accessory
structure, two 6-foot high storage sheds, that the request be
approved as submitted based on the information presented, the
applicant did demonstrate compliance with Section 1804
Standards. Petitioner is to install 6 to 8-foot high
arborvitaes to screen the shed entirely from view and remove
the debris from the property on or before July 13th,
2006.
Motion carried, 6 –0.
(3) 620 Spinning Wheel Drive South – P. Noronha
Mr. Peter Noronha, homeowner, was present seeking approval
for an existing accessory structure, a 8’ x 6’ x 8’ high
storage shed, located in the westerly side yard more than
16-feet from the side and rear property lines on Lot 323,
Bloomfield’s Fox Hills Subdivision, Section 2. Article XV,
Section 1503 of Zoning Ordinance No. 265 states that accessory
structures shall not be erected in any required yard, except a
rear yard, and shall require the review and approval of the
Zoning Board of Appeals. (19-02-177-015)
Mr. Noronha addressed the Board with the request for an
existing storage shed located in the westerly side yard. Mr.
Noronha indicated that the shed is plastic and gray in color.
Mr. Noronha commented that the shed is utilized to store
bicycles, snow blower and lawn equipment.
Mr. Henry questioned if there was an active subdivision
association.
Mr. Noronha replied yes, the subdivision association is
active. However, they did grant approval for this shed.
Ms. Seneker made mention of four letters received in
opposition of the variance request from Mr. Ron Portser,
resident at 665 S. Spinning Wheel Lane, Mr. & Mrs. Paul
Schmansky, residents at 2036 Fox Glen Court, Mr. & Mrs. Harry
Jones, residents at 2056 Fox Glen Court, and Mr. Leonard
Zanger, Fox Hills Architectural Control Trustee and resident
at 740 Weybridge Drive.
Ms. Seneker made mention of three letter received in
support of the variance request from Mr. & Mrs. Eugene Chapp,
residents at 625 S. Spinning Wheel Lane, Mr. Chris Mergel,
resident at 615 S. Spinning Wheel Lane, and Mr. & Mrs. Stuart
McAlpin, residents at 2115 Bootmaker Lane.
Mr. Zanger, resident at 740 Weybridge Drive, and Trustee of
the Fox Hills Association, was present and spoke in objection
and indicated that the deed restrictions do not allow these
types of structures. Mr. Zanger indicated that if approval is
granted precedence would be set for these types of structures
within this subdivision.
Mr. Bruno Brazauskas, resident at 2090 E. Spinning Wheel,
was present and spoke in support of the variance request. Mr.
Brazauskas indicated that the subdivision deed restrictions do
allow for these types of structures with their approval.
Mr. Dennis Scheiber, resident at 524 Sedgefield Drive, was
present and spoke in opposition of the variance request.
Ms. Julia Loveless, resident at 2114 Bootmaker Lane, was
present and spoke in support of the variance request.
Motion by Mr. Devine, Seconded by Mr. Aldrich in regard to
the appeal at 620 Spinning Wheel Drive South for the existing
storage shed located in the westerly side yard, be tabled to
allow the applicant to seek the subdivision association
comments and the subdivision association is to address the
clarification of their deed restrictions relating to
structures, (tool/sheds) and respond back to the Zoning Board
of Appeals within 90 days.
Motion carried, 6 – 0.
(4) 1295 Fairfax (Outlot B) – H. Attisha
Mr. Jason Attisha, son of applicant, was present seeking
approval for the construction of an accessory structure, an 8’
x 9’ x 7’ high storage shed, located 3-feet from the front lot
line and 30-feet from the water’s edge, Fairfax Road frontage,
for Outlot "B". Also seeking approval for the installation of
a 6-foot high fence with a gate, located on private property
along the northerly lot line, Fairfax Road frontage, for
Outlot "B", as part of ownership of 1295 Fairfax, Ward
Orchards, Section 6. Article XV, Section 1503 or Zoning
Ordinance No. 265 states that accessory structures shall not
be erected in any required yard, except a rear yard and that
all accessory structures shall be subject to the review and
approval of the Board of Appeals. 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 1510
of Zoning Ordinance No. 265 states fences in a residential
district must be located in a required side or rear yard and
shall not exceed 4-feet in height. (19-06-254-013)
Mr. Attisha addressed the Board with the request for the
installation of a 6-foot high fence with a gate to be located
on private property along Fairfax Road frontage. Mr. Attisha
indicated that the fence would be utilized for privacy. Mr.
Attisha also requested to construct an 8’ x 9’ x 7’ high
storage shed to be placed 30-feet from the water’s edge of
Fairfax Road. Mr. Attisha indicated that the shed would be
utilized to store lawn and water equipment. Mr. Attisha
commented that the subdivision association granted approval
along with the two neighbors.
Mr. Bruce Selik, resident at 1724 Hamilton Drive, and
President of Square Lake Association, was present and made
mention that this property should seek the approval from Ward
Orchards subdivision and asked for a landscape plan to be
provided indicating how the property on Ward Road would be
stabilized and maintained so the erosion does not continually
run into Square Lake. Mr. Selik asked the Board to table the
variance request.
Mr. Roger Cantelon, resident at 1323 Crestview, and Vice
President of Square Lake Association, was present and
indicated that the proposed shed was not part of the plan that
he had signed. Mr. Cantelon asked for details and screening of
the proposed shed. Mr. Cantelon asked to the Board to table
the variance request.
Mrs. Janet. Attisha, homeowner at 1295 Fairfax, was present
and indicated that a landscape plan in being prepared. Mrs.
Attisha indicated that an application has been made to Oakland
County Road Commission for underground work regarding a
sprinkler system to help maintain the property.
Motion by Mr. Henry, Seconded by Seneker in regard to the
appeal at 1295 fairfax for the construction of an accessory
structure, an 8’ x 9’ x 7’ high storage shed, also seeking
approval for the installation of a 6-foot high fence with a
gate, located on private property along the northerly lot
line, be tabled to allow the homeowner to address the
association with their comments regarding the shed.
Mr. Taylor commented to the Board that the fence should be
addressed given this is a private lake.
Mr. Devine suggested to the Board to address the fence and
shed separately.
Motion by Mr. Henry, Seconded by Mr. Devine in regard to
the appeal at 1295 Fairfax for the installation of a 6-foot
high fence with a gate, located on private property along the
northerly lot line, Fairfax Road frontage, for Outlot "B",
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, 6 – 0.
Motion by Mr. Henry, Seconded by Mr. Devine in regard to
the appeal at 1295 Fairfax for the construction of an
accessory structure, an 8’ x 9’ x 7’ high storage shed,
located 3-feet from the front lot line and 30-feet from the
water’s edge, Fairfax Road frontage, for Outlot "B", that the
variance be tabled to allow the petitioner to seek approval
from both Square Lake Association and Ward Orchards
Association with the shed details/specifications and landscape
plan.
Motion carried, 6 – 0.
(5) 4573 Brafferton Drive – T. Knasel
Mr. Thomas Knasel, homeowner, was present seeking approval
for existing accessory structures, two storage sheds, not
exceeding 14-feet in height, located in a rear yard more than
16-feet from the side and rear lot lines for Lot 42,
Williamsburg, Section 19. Article XV, Section 1503 of Zoning
Ordinance No. 265 states that accessory structures shall
require the review and approval of the Zoning Board of
Appeals. (19-19-226-004)
Mr. Knasel addressed the Board with the request for two
existing storage sheds located in the rear yard. Mr. Knasel
presented the Board with letters from the subdivision
association along with letters of approval from the
surrounding neighbors. Mr. Knasel indicated that the sheds
utilize garden equipment and garbage cans.
Mr. Guy Allen, resident at 4699 Coachmaker Drive, was
present and spoke in support of the variance request.
Ms. Seneker made mention of a letter received with eight
signatures of approval from the following surrounding
neighbors; Mr. Michael Noorily, 1684 Bracken, Ms. Karen Farner,
4606 Brafferton Drive, Mr. John Hagman, 1705 Timson Lane, Mr.
& Mrs. Robert Cross, 1727 Timson Lane, Dr. P. Pesaros, M.D.,
4551 Brafferton Drive, Mr. David Mitchell, 1681 Bracken, Ms.
Rosemary Clark, 1708 Timson Lane, and Ms. Bernice Kadar, 4611
Brafferton Drive.
Motion by Ms. Seneker, Seconded by Mr. Henry in regard to
the appeal at 4573 Brafferton Drive for the existing accessory
structures, two storage sheds, not exceeding 14-feet in
height, located in a rear yard, that the variance be approved
as submitted based on the information presented, the applicant
did demonstrate compliance with Section 1804 Standards.
Motion carried, 6 – 0.
(6) 43003 Woodward Avenue – Diversified Fuels Properties
Ms. Jennifer Petoskey and Derek Jelinek of Groundwater and
Environmental Services, were present seeking approval for a
temporary accessory structure, a 15.8’ x 8’ x 7.9’ high
trailer for the purpose of providing a mobile remediation
system to be located in a rear yard 10-feet from the westerly
rear lot line and 23-feet from the northerly side lot line for
up to five years for Lots 1 to 16 and Lots 20 to 24, Crest
Hills Subdivision, Section 3. Article XV, Section 1503 of
Zoning Ordinance No. 265 states that accessory structures
shall not be located closer than 16-feet to any side or rear
lot line and shall require the review and approval of the
Zoning Board of Appeals. (19-03-351-003)
Ms. Petoskey addressed the Board with a request for a
temporary trailer to be utilized for the purpose of providing
a mobile remediation system. Ms. Petoskey indicated that this
gasoline station had a historical release of gasoline into the
subsurface on this property. Ms. Petoskey indicated that
Michigan Department of Environmental Quality has required that
the property owners, Diversified Fuels Properties, clean up
the impact made to the subsurface. Ms. Petoskey referred to
the site plan indicating the proposed location of the
temporary mobile trailer and mentioned that the mobile
remediation system would be in on-site for approximately 2-5
years. Ms. Petoskey indicated that the mobile trailer would be
running twenty-four hours a day, seven days a week until the
subsurface has been cleaned.
Mr. Jelinek made mention that the proposed location of the
mobile trailer would be least cost effective due to the
existing building and surrounding pine trees would help screen
the temporary trailer from the adjacent properties. Mr.
Jelinek indicated that reports are provided to Michigan
Department of Environmental Quality that could also be
provided to the Board.
Ms. Patti McCullough, Director of Planning and Building,
made mention that the use of a mobile trailer is not uncommon
with the request for 5 years. Ms. McCullough suggested that
periodic reports be submitted for the progress of the clean
up. Ms. McCullough indicated that the proposed placement for
the mobile trailer would not be in an obtrusive
location given the existing evergreen screening.
Ms. Seneker questioned did the petitioner meet with the
Fire Marshall to address their concerns.
Ms. Petoskey replied that they addressed the Fire
Marshall’s concerns at the Design Review Board meeting. Ms.
Petoskey indicated that Township Fire Marshall, Mike McCully,
required a knox box and an abc fire extinguisher be supplied
for the mobile trailer.
Motion by Mr. Taylor, Seconded by Mr. Aldrich in regard to
the appeal at 43003 Woodward Avenue for the request for a
temporary accessory structure, a 15.8’ x 8’ x 7.9’ high
trailer, be approved as submitted, and the variance to locate
the temporary mobile remediation system closer than 16-feet to
the westerly rear lot line, 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. Petitioner to
submit copies of the MDEQ quarterly reports to the Planning
Department for review and the mobile trailer to remain on site
for 5 years or until the subsurface is clean.
Motion carried, 6 – 0.
(7) 2405 Telegraph Road – Tel-Square realty LLC/Golling
Chrysler
Mr. Bill Golling of Golling Chrysler Jeep, was present
seeking approval for multiple permanent walls signs, four
individual wall signs to display the name of the dealership
and three brands of cars to be sold; Golling (31.9 Sq Ft.),
Chrysler (39 Sq. Ft.), Jeep (23 Sq. Ft.) and Dodge (48 Sq.
Ft.), located on the street side façade, Telegraph Road
frontage. The four proposed signs have a total area of
141.9-Square Feet with the maximum size allowed for a wall
sign at this location at 150-Square Feet. Also seeking
approval to exceed the maximum size of figure (illustration)
proposed for the proposed Chrysler wall sign, a 23.9-Square
Foot logo, which is a total of 61.3% of the total sign area.
Also seeking approval to exceed the maximum size of figure
(illustration) proposed for the Dodge wall sign, an 8.7-Square
Foot logo, which is a total of 18.1% of the total sign area.
Acreage Parcel, Section 5. Article XV, Section 1512 of Zoning
Ordinance No. 265 allows for one wall sign and that wall signs
shall be authorized to contain figures (illustrations)
provided that all figures shall not constitute more than 5% of
the total sign area. (19-05-476-093)
Mr. Golling was present with the request for multiple
permanent wall signs, four individual wall signs that would
display the name of the dealership and three signs to display
the brands of cars to be sold. Mr. Golling indicated that the
dealership is not very visible off of Telegraph Road referring
to the driveway entrances to the dealership.
Mr. Devine made mention when this project was first
proposed it was to create a centerpiece for the Township. Mr.
Devine complimented Mr. Golling on a project well done.
Motion by Mr. Aldrich, Seconded by Mr. Taylor in regard to
the appeal at 2405 Telegraph Road for multiple permanent walls
signs and to allow two of the logos to exceed 5% of the total
sign area, 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, 6 – 0.
(8) 1923 Marie Circle – S. Roncelli
Ms. Sandy Roncelli, homeowner, was present seeking approval
for the construction of an accessory structure, a 18’ x 12’ x
8.75’ high pergola screened with plantings, located in a side
yard more than 16-feet from side and rear property lines for
Part of Lot 81 and all of Lot 82, Upper Long Lake Estates No.
1, Section 7. 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.
(19-07-127-016)
Ms. Roncelli addressed the Board with the request to
restore a pre-existing pergola and patio area with existing
landscaping which consists of grape and wistera vines that
surround the pergola. Ms. Roncelli presented the Board with
photographs of the pre-existing pergola and indicated that the
pergola is an integral part of the landscape of her property.
Ms. Seneker questioned was subdivision association approval
granted.
Ms. Roncelli replied plans were delivered two weeks ago to
the subdivision association and to this date no comments have
been received.
Ms. Seneker made mention of two letters received in support
of the variance request from Mr. Timothy Fazio, resident at
2615 McClintock and Mr. Michael Scheid, resident at 2581
McClintock.
Mr. Michael Scheid, resident at 2615 McClintock, was
present and spoke in support of the variance request.
Ms. Jenny Gohl, resident at 1810 Marie Circle, was present
and spoke in support of the variance request.
Ms. Kathrine Brandon, Upper Long Lake Estates Board Member,
was present and indicated that this is an existing structure
being replaced which the association supports the pergola
being installed 16-feet from side yard.
Motion by Mr. Devine, Seconded by Mr. Aldrich in regard to
the appeal at 1923 Marie Circle for the construction of a
pergola, be approved as submitted, and the variance for the
location of a pergola in the side 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, 6 – 0.
(9) 7220 Camden Court – R. Sobrero/T. Sherman
Mr. Ted Sherman, homeowner, was present seeking approval
for a 16-foot encroachment into the required 35-foot rear yard
setback for an existing single story deck, located 19-feet
from the rear lot line for Lot 38, Franklin Ravines, Section
31. Article XIV, Section 1400 of Zoning Ordinance No. 265
requires a minimum of 35-feet in the rear yard setback.
(19-31-430-010)
Mr. Sherman addressed the Board with the request for a
16-foot encroachment into the rear yard setback for the
installation of a deck. Mr. Sherman indicated that the
existing deck is depilated and is unsafe for use. Mr. Sherman
presented photographs to the Board of the existing cedar deck,
which is attached to the rear of the residence. Mr. Sherman
proposed to the board to replace the deck with a new deck made
from composite materials, which have a longer life and require
less maintenance. Mr. Sherman presented the Board with
subdivision association approval.
Motion by Ms. Seneker, Seconded by Mr. Taylor in regard to
the appeal at 7220 Camden Court for the 16-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, 6 – 0.
(10) 1254 Atkinson Avenue – K. Moosekian
Mr. Kevin Moosekian, homeowner, was present seeking
approval for the construction of an accessory structure, a
17’x 23’ x 12.2’ high detached garage for the purpose of
storing automobiles, located in a rear yard 16-feet from the
westerly side lot line and 32-feet from the rear lot line for
Lots 118 and 119, also Part of Lot 120, Ward Orchards, Section
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. (19-06-107-030)
Mr. Moosekian addressed the Board with a request to
construct a detached garage for the purpose of storing a
classic automobile. Mr. Moosekian indicated that the detached
garage would be vinyl sided in the same color to match the
existing residence. Mr. Moosekian indicated that the garage
would not have electrical, mechanical or plumbing installed
nor would the garage be utilized as a rental unit. Mr.
Moosekian presented the Board with the approval from the
surrounding neighbors. Mr. Moosekian indicated that the
disturbed area around the garage would be seeded with no
additional landscaping to be installed.
Motion by Mr. Henry, Seconded by Ms. Seneker in regard to
the appeal at 1254 Atkinson Avenue for the construction of a
detached garage, be approved as submitted based on the
information presented, the applicant did demonstrate
compliance with Section 1804 Standards. Based on the materials
for the detached garage to match the existing residence and
the petitioner is to submit a Single Family Affidavit to the
Township.
Motion carried, 6 – 0.
(11) 235 Hupp Cross – R. Heffner
Ms. Patti Keller of Kevin Hart and Associates, was present
seeking approval for a 5.2-foot encroachment into the required
16-foot side yard setback for the construction of a second
story addition to include a master bath for the existing
non-conforming building, located 10.8-feet from the northerly
side lot line. Also seeking approval for a 8.7-foot
encroachment into the required 16-foot side yard setback for
the installation of an air-conditioning unit, located 7.3-feet
from the northerly side lot line for Lots 986, 987 and 988,
Judson Bradway’s Bloomfield Village No. 4, Section 27. 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.
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.
(19-27-355-022)
Ms. Keller addressed the Board with the request for a
5.2-foot encroachment into the side yard for the construction
of a second story addition that would include a master
bathroom. Ms. Keller indicated that the materials for the new
addition would match the existing residence. Ms. Keller also
requested a 8.7-foot encroachment into the side yard setback
for the installation of an air-conditioning unit that would be
placed behind an existing chimney and screened with
evergreens.
Ms. Seneker made mention of the approval letter for the
variance requests received from Mr. Larry Nutson, Village
Manager of Bloomfield Village Association.
Motion by Mr. Taylor, Seconded by Mr. Aldrich in regard to
the appeal at 235 Hupp Cross Road for the 5.2-foot
encroachment into the northerly side yard setback for the
construction of a second story addition to the existing
non-conforming building and a 8.7-foot encroachment into the
northerly side for the installation of an air-conditioning
unit, that the variance be approved as request. Based on the
information presented, the applicant did demonstrate to the
Board’s satisfaction all of the standards for practical
difficulty.
Motion carried, 6 – 0.
(12) 6300 Wing Lake – D. Etkin
Mr. Douglas Etkin, homeowner, was present seeking approval
for an existing accessory structure, a 5.7’ x 5.2’ x 18.5’
high pizza oven, located in a rear yard more than 16-feet from
the side and rear lot lines for Lots 135, 149 and 155, also
part of Lot 136, 147, 148, 150, 151, 153 and 154, Wing Lake
Shores, Section 29. Article XV, Section 1503 of Zoning
Ordinance No. 265 states that accessory structures shall not
exceed 14-feet in height and shall require the review and
approval of the Zoning Board of Appeals. (19-29-326-065)
Mr. Etkin addressed the Board with the request for an
existing pizza oven, attached to a deck located in a rear
yard. Mr. Etkin indicated that the structure is a wood fired
oven that can cook roasts, pizzas and all varieties of foods.
Mr. Etkin indicated that the material of the oven is terra
cotta.
Mr. Henry questioned how was the previous oven destroyed.
Mr. Etkin replied that the previous shed of the oven was
destroyed when a piece of non-combustible lumber at the stack
of the unit caught on fire. Mr. Etkin referred to the
photographs and submitted the approval from the subdivision
association to the Board.
Motion by Ms. Seneker, Seconded by Mr. Taylor in regard to
the appeal at 6300 Wing Lake for an existing pizza oven, that
the request be approved as submitted, and the variance for the
pizza oven with an overall height of 18.5-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.
Approval is contingent upon compliance with all building,
mechanical and fire codes, with issuance of all necessary
permits.
Motion carried, 6 – 0.
(13) 4033 Abby Court – D. Mardigian
Ms. Patti Keller of Kevin Hart and Associates, was present
seeking approval for the construction and installation of
accessory use/structures, located in front yards, Clubgate and
West Long Lake Road frontages, more than 16-feet from the side
lot lines; an in-ground pool, a 31.7’ x 20’ x 15.4’ high pool
house with an attached pergola, a hot tub located adjacent to
the northerly wall of the building with a 12’ x 11.7’ x 8.4’
high pergola above, pool equipment screened with evergreen
plantings, located immediately adjacent to the wall of the
proposed pool house, a 6’ x 4’ high gas and wood burning
fireplace, and a 4-foot high pool wall enclosure for Lot 180,
Wabeek Five, Section 18. 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 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 when placed immediately adjacent to
the residential building. Article XV, Section 1503 of Zoning
Ordinance No. 265 states that fences in a residential district
must be located in a required side or rear yard.
(19-18-178-002)
Ms. Keller addressed the Board with several requests
including an in-ground swimming pool, a pool house with an
attached pergola, a hot tub with a pergola above, the pool
equipment, located adjacent to the wall of the proposed pool
house, a gas and wood burning fireplace, and a 4-foot high
pool wall enclosure. Ms. Keller presented photographs and a
site plan to the Board and indicated that the property has
three front yards, leaving this site with a hardship. Ms.
Keller presented the Board with subdivision association
approval for the variance requests.
Chairman Khederian questioned what are the details of the
fence that would surround the pool area.
Ms. Keller replied the details of the fence would be a
4-foot masonry wall that would have stone and stucco with a
limestone cap matching the existing residence. Ms. Keller
indicated that the fencing would go around the pool perimeter.
Motion by Mr. Henry, Seconded by Ms. Seneker in regard to
the appeal at 4033 Abby Court for the construction of a pool
house with an attached pergola, a hot tub with pergola above,
and a gas and wood burning fireplace, be approved as
submitted, and the variance for an in-ground pool, a 15.4 foot
high pool house with an attached pergola, pool equipment
located immediately adjacent to the proposed pool house, a hot
tub with a pergola above, a gas and wood burning fireplace,
and a pool wall enclosure all located in front yards 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.
Petitioner is to submit a Single Family Affidavit to the
Township.
Motion carried, 6 – 0.
(14) 5901 Adams Road North - N. Zawaideh/G.Zawaideh
Mr. Robert Bove of Bove Construction, was present seeking
approval for the construction of an accessory use/structure,
an in-door swimming pool, located in the first floor of the
proposed new home for Lot 4, Kentmoor, Section 12. 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. (19-12-227-010)
Mr. Bove addressed the Board with the request for an
in-door swimming pool to be located in the first floor of the
proposed new residence. Mr. Bove presented the board with the
approval from the subdivision association.
Mr. Devine questioned if the proposed building envelope
exceeds 30% of the lot coverage.
Ms. Patti McCullough, Director of Planning and Building
commented that the proposed building envelope do not exceed
30% of the lot coverage.
Motion by Mr. Taylor, Seconded by Ms. Seneker in regard to
the appeal at 5901 Adams Road North for the construction of an
in-door pool, that the variance be approved as submitted based
on the information presented, the applicant did demonstrate
compliance with Section 1804 Standards.
Motion carried, 6 – 0.
(15) 5420 Longmeadow Drive – D. Miller
Mr. David Miller, homeowner, was present seeking approval
for the construction of an accessory structure, a 24’ x 42’ x
22’ high detached garage for the purpose of storing
automobiles, located in a front yard, Big Beaver Road
frontage, more than 16-feet from the side lot lines. The
existing shed and detached garage will be removed. Lot 38,
Bloomfield Estates Subdivision, Section 24. 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, and shall
require the review and approval of the Zoning Board of
Appeals. (19-24-353-008)
Mr. Miller addressed the Board with the request to replace
an existing detached garage. Mr. Miller indicated that the
proposed 4-car detached garage would be 22-feet in height that
would incorporate a car hoist. Mr. Miller indicated the
existing detached garage is depilated with a failing
foundation which is unsafe for any use. Mr. Miller made
mention that the existing shed on the property would be
removed.
Ms. Seneker questioned the current height of the existing
detached garage.
Mr. Miller replied that the height of the existing detached
garage is 16-feet in height.
Mr. Devine made mention of the letter received from
Bloomfield Estates Improvement Association, which indicated
the proposed detached garage does not violate the Bloomfield
Estates Deed and Building Restrictions, however the
Association does object the request for the variance to build
the garage in the front yard. Mr. Devine commented that the
property has two front yards with a lot of existing
vegetation. Mr. Devine mentioned during his visit to the site
was not able to see the existing garage from big Beaver.
Mr. Miller replied that the proposed detached garage would
be screened from view of Big Beaver Road.
Mr. John Schrot, resident at 5400 Longmeadow, was present
and spoke in support of the variance request.
Chairman Khederian expressed her concerns relating to the
size of the detached garage and would not want to set
precedence for the neighborhood indicating that accessory
structures were allowed in the front yard.
Motion by Mr. Taylor, Seconded by Henry in regard to the
appeal at 5420 Longmeadow Drive for the construction of a
detached garage, that the request be approved as submitted,
and variance for the 22-foot high detached garage, 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. Petitioner to submit a Single Family
Affidavit to the Township.
Motion carried, 5 – 1.
YEAS: Taylor, Henry, Devine, Seneker, Aldrich,
NAYS: Khederian
(16) 4891 Quarton Road – K. Selwa
Mr. Kevin Selwa, homeowner, was present seeking approval
for an existing accessory structure, a 12’ x 12’ x 11.2’ high
tree house, located in a rear yard more than 16-feet from the
side and rear lot lines for Lot 129, The Braes of Bloomfield
No. 3, Section 30. 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. (19-30-101-001)
Mr. Selwa addressed the Board with the request for an
existing tree house. Mr. Selwa indicated that a stop work
order was issued on May 10th, 2006 from the
Township Ordinance Department.
Dr. Ronald Kustra, resident at 5581 Inkster, was present
and spoke in opposition of the variance request.
Mr. John Shaw, resident at 4891 Ballantrae, was present and
spoke in support of the variance request. Mr. Shaw indicated
two tree houses exist in the neighborhood. Mr. Shaw mentioned
the subdivision association dissolved two to three ago.
Motion by Mr. Taylor, Seconded by Mr. Aldrich in regard to
the appeal at 4891 Quarton Road for an existing tree house,
that the request be approved as submitted based on the
information presented, the applicant did demonstrate
compliance with Section 1804 Standards.
Motion carried, 5 – 1.
YEAS: Taylor, Aldrich, Seneker, Khederian, Henry
NAYS: Devine
(17) 6511 Timber Ridge Drive – R. Stead
Mr. Robert Stead, homeowner, was present seeking approval
to replace a 6-foot high fence, located on private property in
a front yard, Maple Road frontage for Lot 257, Birmingham
Farms Subdivision No. 2, Section 32. 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.
(19-32-203-001)
Mr. Stead addressed the Board with the request to replace a
6-foot high fence to be placed on private property in the
front yard of Maple Road frontage. Mr. Stead indicated that
the existing fence is in disrepair. Mr. Stead submitted
subdivision association approval to the Board.
Motion by Ms. Seneker, Seconded by Mr. Aldrich in regard to
the appeal at 6511 Timber Ridge Drive for replacement of
6-foot high fencing 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, 6 – 0.
(18) 2081 Telegraph Road – 2055 Associates, LLC/Men’s
Warehouse
Mr. James Malin of Alto Sign Company, was present seeking
approval for the installation of additional signage, a second
illuminated non-accessory wall sign measuring 2.2’ x 26’,
located on the east elevation (27.5% of the total easterly
building façade) for Acreage Parcel, Section 5. Article XV,
Section 1512 of Zoning Ordinance No. 265 allows for one wall
sign within the B-3 (General Business zoned district).
(19-05-326-005)
Mr. Malin addressed the Board with a request for additional
signage, a second illuminated wall sign for Men’s Warehouse to
be placed on the east elevation of the building façade. Mr.
Malin indicated the existing berm covers the sign from
Telegraph Road allowing for a traffic safety hazard. Mr. Malin
presented photographs of the proposed wall sign that would be
reduced in size and visible from Telegraph Road.
Mr. Devine made mention that the Design Review Board
recommended the sign to the Zoning Board of Appeals as
submitted, and the area of the two wall signs are not to
exceed the permitted 101.65 square feet. Mr. Devine explained
the 101.65 square feet would be divided between two signs,
which would require downsizing the existing sign.
Motion by Mr. Aldrich, Seconded by Seneker in regard to the
appeal at 2081 Telegraph Road for the installation of a second
wall sign, 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, 6 – 0.
(19) 5053 Chainbridge Road – V. Henning
Mr. Victor Henning, homeowner, was present seeking approval
for the installation of an accessory structure, a stand-by
generator, located in a front yard immediately adjacent to the
westerly wall of the building, Chainbridge Road frontage, for
Lot 7, Nantucket, Section 24. Article XV, Section 1503 of
Zoning Ordinance No. 265 states that ground mounted mechanical
or electrical equipment shall be permitted in any side or rear
yard. (19-24-428-016)
Mr. Henning addressed the Board with the request to install
a stand-by generator to be placed in the front yard
immediately adjacent to the residential wall. Mr. Henning
indicated his wife has a medical condition and during power
outages she would depend on the generator for medical support.
Mr. Henning presented the Board with subdivision approval.
Ms. Ann Henning, homeowner, addressed the Board and
indicated the location for the stand-by generator would be at
the west end of the residence and screened with evergreens.
Motion by Ms. Seneker, Seconded by Mr. Aldrich in regard to
the appeal at 5053 Chainbridge Road for the installation of a
stand-by generator 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. Generator must
comply with Township Noise Ordinance and evergreen screening
is to be installed to screen the generator completely from
view.
Motion carried, 6 – 0.
(20) 6015 Snowshoe Circle – R. Weiss
Mr. Ken Lighter of Champion Pools, was present seeking
approval for an existing accessory structure, pool equipment,
located in a rear yard approximately 120-feet from the
residential building more than 16-feet from the side and rear
property lines for Lot 33, Gilbert Lake Estates, Section 28.
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. (19-28-178-006)
Mr. Lighter addressed the Board with the request for
existing pool equipment located in the rear yard, 120-feet
from the residential home. Mr. Lighter submitted subdivision
association approval to the Board. Mr. Lighter indicated that
pool equipment location was found during a field inspection
for the gas line on the pool.
Mr. Craig Spangler, resident at 3953 Cotton Tail, was
present and spoke in objection of the variance request.
Mrs. Spangler, resident at 3953 Cotton Tail, was present
and spoke in objection of the variance request.
Ms. Patti McCullough, Planning and Building Director, made
comment as to the original plan review. Ms. McCullough
indicated two violations with the submittal one was compliance
with the fence requirements for a pool as well as the
equipment location for the pool. Ms. McCullough indicated that
revised plans were submitted with the fence detail
unfortunately the permit was issued for both the fence and the
pool equipment location.
Chairman Khederian questioned would the pool equipment be
screened.
Ms. Jodi Weiss, homeowner, was present and indicated that
the pool equipment would be screened completely with
evergreens.
Ms. Seneker suggested the pool equipment be enclosed within
a structure that should be screened from view.
Motion by Ms. Seneker, Seconded by Mr. Henry in regard to
the appeal at 6015 Snowshoe Circle, for the existing pool
equipment located approximately 120-feet from the residential
building, that the variance be tabled to the next meeting to
allow the petitioner to provide a landscape plan that must
indicate the proposed structure and screening of the structure
and a rendering for the proposed structure to enclose the
existing pool equipment.
Motion carried, 6 – 0.
(21) 3499 Franklin Road – J. Dumars
Mr. Dominick Tringali of Dominick Tringali Architects, was
present seeking approval for the construction of an accessory
use/structure, an in-door gymnasium, located in a proposed
addition more than 16-feet from the side and rear lot lines
for Lot 4, Supervisor’s Plat of North Devon Acres, Section 9.
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. (Joe Dumars, 3499
Franklin Road, 19-09-301-016)
Mr. Tringali addressed the Board with the request for an
in-door gymnasium. Mr. Tringali submitted subdivision
association approval to the Board. Mr. Tringali referred to
the site plan and indicated the layout of the construction.
Mr. Tringali indicated that the new construction would consist
of an additional garage, outdoor lanai, and an in-door gym.
Ms. Seneker made comment to the Board that the new
structure would not exceed the required 30% lot coverage.
Motion by Ms. Seneker, Seconded by Mr. Taylor in regard to
the appeal at 3499 Franklin Road for the construction of an
in-door gymnasium, that the request be approved as submitted
based on the information presented, the applicant did
demonstrate compliance with Section 1804 Standards.
Motion carried, 6 – 0.
IV. GENERAL BUSINESS
Next Board Meeting – July 11th, 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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