Zoning Board of Appeals Minutes

TABLED ITEMS

(1T) 735 Robinhood – W. Walker

Mr. Winthrop Walker and Barbara Sutherland, homeowner’s, were present seeking approval for an existing accessory structure, a river-viewing platform including handicap accessible wheelchair ramps, located in a rear yard 13 ft. from the water’s edge and 5.7 ft. from the westerly side lot line of Lot 10, Riverside Meadows, Section 24. Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory structures 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. Article XV, Section

1517 of Zoning Ordinance No. 265 requires a 25 ft. setback from the boundary or edge of a wetland. (19-24-226-047)

Ms. Sutherland addressed the Board with the request for an existing river-view platform. Mr. Walker indicated the existing platform consisted of three elements: the lower deck, the staircase and the upper deck. Mr. Walker proposed to the Board to eliminate the lower deck and staircase and to modify the upper deck with guardrails to comply with the current Building Codes.

Chairman Reisinger questioned the location of the guardrails.

Mr. Walker indicated the guardrails would be placed along the outward edge of the existing upper deck.

Motion by Mr. Taylor, Seconded by Mr. Aldrich for the appeal at 735 Robinhood Circle for the existing accessory structure, a river-viewing platform, be approved with the removal of the lower deck and staircase as requested, and the variance for the side yard setback and 25-feet natural feature setback be granted. Based on the information presented, the applicant did demonstrate compliance with Section 1804 Standards, and did demonstrate all of the standards for practical difficulty. The petitioner is to obtain a building permit for the upper deck with guardrails.

Motion carried, 5 – 0.

(1) 3600 Bradway Boulevard South – Detroit Country Day

Mr. Timothy Casai of TMP Associates, was present seeking approval for a 15.7 ft. encroachment into the required 40 ft. southerly front yard setback and a 13.7 ft. encroachment into the required 40 ft. westerly front yard setback for the construction of an addition for the purpose of adding three classrooms, located 24.3 ft. from the southerly front lot line, Bradway Boulevard frontage, and 26.3 ft. from the westerly front lot line, Lahser Road frontage, for the existing non-conforming school on the existing non-conforming site, deficient in size for a school use, on Lot 1068, Judson Bradway’s Bloomfield Village No. 4, Section 27. Article XV, Section 1502 of Zoning Ordinance No. 265 states that no such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied. Article XIV, Section 1400 of Zoning Ordinance No. 265 requires a minimum of 40 ft. in the front yard setback. (19-27-352-001)

Mr. Casai addressed the Board with the request for a 15.7-foot encroachment into the southerly front yard setback and a 13.7-foot encroachment into the westerly front yard setback for the construction of an addition. Mr. Casai commented this is the third and final phase of a four (4) year project. Mr. Casai referred to the site plan and indicated the purpose of the addition would allow for three (3) additional classrooms. Mr. Casai indicated the existing school would be renovated with the proposed addition would allow for classes to be less crowded. Mr. Casai commented the proposed addition would not increase enrollment.

Mr. Taylor questioned the number of the current student enrollment and asked how is it monitored.

Mr. Casai replied the current number of enrolled students is 240 with monitoring by Mr. Gerald Hanson, Headmaster of Detroit County Day. Mr. Casai indicated that the enrollment would not be increased at this site and the Township has record of the enrollment requirements.

Mr. Devine made mention of the Design Review Board meeting on September 14th, 2006 and the Board made recommendation that the detached shed be removed.

Mr. Devine questioned if the agreement for the landscaping of the right-of-way had been addressed.

Mr. Casai replied yes, currently an agreement for the landscaping of the right-of-way is being discussed between Detroit Country Day and Judson Bradways Bloomfield Village. Mr. Casai indicated the north and south sides of the property would be landscaped to buffer the neighbors from view,

Mr. Kepes asked for additional landscaping to be installed on the south corner.

Mr. Casai replied additional landscaping would be installed along the south and north corner of the existing berm.

Mr. Larry Nutson, Village Manager for Bloomfield Village Association, was present and spoke in support of the variance request. Mr. Nutson indicated the Association approval was granted with the condition that there would be no increase in the school population at this site.

Mr. Gerald Hansen, Headmaster of Detroit Country Day School, was present and indicated the number of staff or students will not increase at this site. Mr. Hansen indicated the proposed addition would not increase enrollment.

Mr. Taylor addressed his concerns of the possible future occupancy and use of the site.

Mr. Hansen replied and made mention of a letter supplied to the Township indicating the following school population would be 240 – 250 students and 32 teachers/staff.

Motion by Mr. Devine, Seconded by Mr. Kepes in regard to the appeal at 3600 Bradway Boulevard South for a 15.7-foot southerly front yard encroachment and a 13.7-foot westerly front yard encroachment for the existing non-conforming building, that the variance be approved as submitted. Based on the information presented, the applicant did demonstrate compliance with Section 1804 Standards. Given the unique nature of the site, size, location and the historic use of the site being a school, approval is granted based on the following conditions: not to exceed a 250 head count of non-driving students, and not to exceed a staff head count of 32, with these conditions running with the land. The detached shed is to be removed. The exit doors are to be utilized for exit only and are to comply with

the Building and Fire Codes. Landscaping to be approved by Bloomfield Village Association and Bloomfield Township Planning and Building Department.

Motion carried, 5 – 0.

(2) 2053-2081 Telegraph Road – 2055 Associates, LLC

Mr. Bruce Measom, property manager for 2055 Associates, LLC, was present seeking approval for a variance of 5 additional parking spaces as a result of a reconfiguration of the parking lot layout to accommodate a loading zone and fire lane for the vacant tenant space, 2067 Telegraph, for the Bloomfield Park Gateway site, Acreage parcel, Section 5. Article XV, Section 1504 of Zoning Ordinance No. 265 establishes the number of required parking spaces for this type of use. (19-05-156-034; 326-006)

Mr. Measom addressed the Board with a revised site plan and landscape plan. Mr. Measom commented to the Board that the plan presented corresponds with comments made by the Design Review Board on September 14th, 2006. Mr. Measom made reference to the site plan and indicated the reconfiguration of the parking lot layout accomplished both a designated fire lane and a side-loading zone for the vacant retail space. Mr. Measom indicated evergreen trees would be installed in the greenbelt areas that were formerly two (2) curb cuts into the easement.

Chairman Reisinger made mention of the meetings with the Planning Commission and the Design Review Board and both forwarded onto the Zoning Board of Appeals with conditions.

Mr. Kepes questioned if there is a tenant for this location.

Mr. Measom replied there is no current tenant for this location.

Ms. Patti McCullough, Director of Planning and Building, spoke in reference to the site plan and indicated the parking lot has been re-surfaced. Ms. McCullough commented the site would require maintenance and pruning in the spring of 2007. Ms. McCullough indicated the landscaping has been installed to the Township’s satisfaction. Ms. McCullough commented the loading zone and configuration as proposed has been reviewed and approved by the Fire and Planning and Building Departments.

Motion by Mr. Devine Seconded by Mr. Taylor in regard to the appeal at 2053 –2081 Telegraph Road for a variance of five (5) parking spaces, that the variance be approved with the landscaping as requested by the Planning & Building Departments. 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 provide maintenance clean up and pruning on the site in the spring of 2007, and to submit revisions to the Building Department within five (5) business days.

Motion carried, 5 – 0.

(3) 2385 Telegraph Road – Lowell Associates/Costco

Mr. Michael Stratus of Intrepid Properties, was present seeking approval for the construction of an accessory structure, an 88’ x 32’ x 17’ high fuel canopy, located in a front yard more than 16 ft. from the side property lines. Also seeking approval for a 16’ x 1.7’ (26.7 sq. ft.) permanent wall sign, located on the façade of the proposed fuel canopy, which is 10.1% of the façade, Acreage Parcel, Section 5. 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 ft. in height and shall require the review and approval of the Zoning Board of Appeals. Article XV, Section 1512 of Zoning Ordinance No. 265 states that the maximum size of a wall sign within the B-3, General Business, zoned district shall not exceed 6% of the total area of the street side façade. (19-05-476-081)

Mr. Stratus addressed the Board with the request for the construction of an accessory structure, an 88’ x 32’ x 17’ high fuel canopy and a 16’ x 1.7’ permanent wall sign. Mr. Stratus commented twenty-four (24) vehicles would be accommodated at one time under the proposed fuel canopy.

Mr. Devine questioned if the DEQ requirements have been addressed.

Mr. Stratus replied that the DEQ requirements have been addressed, along with existing environmental issue.

Chairman Reisinger made mention of the meetings with the Planning Commission, the Township Board of Trustees and the Design Review Board and were forwarded onto the Zoning Board of Appeals with consideration.

Motion by Mr. Aldrich, Seconded by Mr. Devine in regard to the appeal at 2385 Telegraph Road for a fuel canopy, that the request be approved as submitted, and the variance for the height of a 17-foot high fuel canopy, located in a front yard.

Also, the variance to exceed the allowable size for a permanent wall sign is 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.

(4) 5080 Cliffwood Road – D. Schlecht

Mr. Dietmar Schlecht, homeowner, was present seeking approval for the following variances for Lot 10, Woodcrest Farms, Section 20:

Article II, Section 201 of Zoning Ordinance No. 265 defines accessory use, or accessory 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, shall not exceed 14 ft. in height, and shall require the review and approval of the Zoning Board of Appeals. (19-20-301-011; 012)

Mr. Schlecht addressed the Board with a five-part variance request. Mr. Schlecht made reference to the site plan and indicated the existing boathouse. Mr. Schlecht indicated his intent would be to refurbish the existing boathouse to be utilized with his family to enjoy the lake and the natural habitat. Mr. Schlecht made reference to the site plan and indicated the proposed location for two (2) pergolas and a retaining wall.

Chairman Reisinger made mention of a letter received in support from Mr. Sham Guepta, resident at 5105 Franklin Road and one letter in opposition from Mr. Daniel Nichols, resident at 1598 Clarendon Road.

Chairman Reisinger questioned would utilities be installed for the refurbished boathouse.

Mr. Schlecht replied only electrical would be installed at the refurbished boathouse.

Mr. Devine questioned would a Single Family Affidavit be required for the boathouse.

Ms. Patti McCullough, Director of Planning and Building Department, replied a Single Family Affidavit would be required for the existing boathouse to be submitted to the Township.

Mr. Devine questioned the location of the two (2) proposed retaining walls.

Mr. Schlecht made reference to the site plan and indicated the two (2) proposed wood pergolas designed for the new construction residence. Mr. Schlecht indicted one (1) pergola would be over the dining terrace to create a semi enclosed exterior space the second pergola would extend from and would be attached to the garage framing for the garage courtyard. Mr. Schlecht indicated both pergolas would be attached to the new home.

Chairman Reisinger questioned the location of the proposed retaining wall.

Mr. Schlecht made reference to the site plan and indicated the proposed 7-foot retaining wall would be located in the rear yard. Mr. Schlecht commented there were topographical issues with the site that required a lot of backfill to be brought onto the property.

Motion by Mr. Taylor, Seconded by Mr. Aldrich in regard to the appeal at 5080 Cliffwood Road for the construction of two (2) pergolas and a retaining wall, that the request be approved as submitted, and the variance to allow the existing boathouse to remain and be renovated after demolition of the existing home. The height of the proposed boathouse, the height and location of the proposed 19.6’ high side yard pergola and the location of the proposed front yard pergola, be granted. Based on the information presented, the applicant did demonstrate compliance with Section 1804 Standards, and did demonstrate all of the standards for practical difficulty. The parcels must be combined along with a Single Family Affidavit to be submitted to the Township by the petitioner and must acquire all necessary permits with only electrical to be installed for the existing boathouse.

Motion carried, 5 – 0.

(5) 254 Westwood Drive – R. Toal

Ms. Glenda Meads of Swanson Meads Architects, was present seeking approval for a 4.2 ft. encroachment into the required 16 ft. side yard setback for the construction of an addition to the existing non-conforming building, located 11.8 ft. from the northerly side lot line on Lot 711, Judson Bradway’s Bloomfield Village No. 3, Section 26. 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 on 16 ft. in the side yard setback. (19-26-377-008)

Ms. Meads addressed the Board with the request for a 4.2-foot encroachment into the side yard setback for the construction of an addition. Ms. Meads indicated the addition would allow for a mudroom and kitchen area. Ms. Meads submitted subdivision approval to the Board.

Mr. Robert Toal, homeowner, was present and indicated he had spoke to the adjoining neighbors and they were in support of the variance request. Mr. Toal commented the proposed addition would maintain the materials and character of the home.

Chairman Reisinger made mention of a letter received in opposition of the variance request from Mr. & Mrs. Robert Dorn, residents at 350 Westwood Drive.

Mr. Larry Nutson, Manager of Bloomfield Village Association, was present and spoke in support of the variance request.

Motion by Mr. Aldrich, Seconded by Mr. Devine in regard to the appeal at 254 Westwood Drive for a 4.2-foot encroachment into the required side yard setback for the construction of an addition to the existing 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. Petitioner must acquire all necessary building permits.

Motion carried, 5 – 0.

(6) 5675 Lane Lake Court – R. Ewers

Mr. Randy Ewers, homeowner, was present seeking approval for an existing accessory structure, an air-conditioning unit, located in a front yard immediately adjacent to the residential building on Lot 6, Peabody Orchards Lakeside, Section 28. 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. (19-28-201-022)

Mr. Ewers addressed the Board to seek approval for an existing air-conditioning unit, located in a front yard placed immediately adjacent to the residential building. Mr. Ewers presented photos of the existing air-conditioning unit and indicated the existing air-conditioning unit would be landscaped with additional evergreens in the spring of 2007.

Chairman Reisinger made mention of a letter received in support of the variance request from Dr. Bruce and Dianne Ryding, residents at 5646 Lane Lake.

Motion by Mr. Devine, Seconded by Mr. Taylor in regard to the appeal at 5675 Lane Lake Court for an existing 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. The petitioner is to provide a revised site plan to the Building Department within five (5) business days.

Motion carried, 5 – 0.

(7) 444 Waddington Road – R. Brown

Mr. Russell Brown, homeowner, was present seeking approval for the installation of an accessory use/structure, a 16.8 x 7.8’ x 4.3’ high above-ground pool screened with evergreen plantings, located in front yards, 42 ft. from Waddington Road frontage, and 28 ft. from Pine Street frontage, on Lots 162 and 163, Judson Bradway’s Bloomfield Village, Section 26. Article XV, Section 1503 of Zoning Ordinance No. 265 states that all 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. (19-26-356-015)

Mr. Brown addressed the Board with the request for the installation of an aboveground swim spa that allows the swimmer to swim in place against the current. Mr. Brown indicated the swim spa would be 3.5-feet deep with a swim area of 8.5-feet long. Mr. Brown commented the aboveground swim spa would be completely screened with arborvitaes and would be locked with a locking cap. Mr. Brown indicated the swim spa would be utilized for therapy purposes.

Chairman Reisinger made mention of two letters received in opposition of the variance request from Mr. & Mrs. Robert Dorn, residents at 350 Westwood Drive and Ms. Patricia Shannon, resident at 451 Westwod Drive.

Mr. Larry Nutson, Manager of Bloomfield Village Association, was present and spoke in support of the variance request.

Motion by Mr. Devine, Seconded by Mr. Aldrich in regard to the appeal at 444

Waddington Road for the installation of an above ground pool, that the request be approved as submitted with the landscaping as presented, and the variance to locate an above ground pool in the front yards, Waddington and Pine Street frontages, 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 must obtain all necessary permits.

Motion carried, 5 – 0.

(8) 1020 Waddington Road – R. Spangler

Ms. Jennifer Wineman of Whitelaw Custom Homes, was present seeking approval for a 5 ft. encroachment into the required 16 ft. side yard setback for an existing air-conditioning unit screened with a wall of evergreen plantings to the east of the unit, located in a side yard immediately adjacent to the residential wall of the building, 11 ft. from the southerly side lot line on Lot 144, Judson Bradway’s Bloomfield Village, Section 26. 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 ft. side yard setback and shall be screened from view. (19-26-155-004)

Ms. Wineman addressed the Board with the request for a 5-foot encroachment into the side yard setback for an existing air-conditioning unit screened with a wall of evergreen plantings. Ms. Wineman referred to the landscape plan and indicated the air-conditioning unit is located adjacent to the residential wall and 11-feet from the south side lot line. Ms. Wineman presented the Board with the approval from the subdivision association.

Motion by Mr. Taylor, Seconded by Mr. Aldrich in regard to the appeal at 1020 Waddington Road for a 5-foot encroachment into the southerly side yard setback for the installation of an air-conditioner screened on the easterly side of the unit, that the variance be approved as requested with the landscaping as submitted. Based on the information presented, the applicant did demonstrate to the Board’s satisfaction all of the standards for practical difficulty. Petitioner must obtain all necessary permits and submit a revised site plan to the Building Department within five (5) business days.

Motion carried, 5 – 0.

(9) 3732 Wabeek Lake Drive East – S. Niazi

Mr. Paul Merlo of AZD Associates, was present seeking approval for a dimensional lakeside setback of 36.8 ft. for the construction of a new home with the maximum lakeside setback not to exceed 100 ft., the average setback of the neighboring properties is 108 ft. Also seeking approval for the construction of accessory use/structures, retaining walls screened with plantings with an overall height of 8 ft., located in the front and southerly side yards within the required 16 ft. side yard setback, an in-door pool, located in the ground level of the proposed new home, and three (3) air-conditioning units, located in the southerly side yard three to ten ft. from the residential building, Acreage Parcel, Section 18. Article XIV, Section 1400 of Zoning Ordinance No. 265 requires new construction to be setback from the waterfront the average of the setback of the principal buildings on the nearest improved waterfront lots within 500 ft. of each side of the lot in question and states that in no instance shall a setback in excess of one hundred (100) feet be required. Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory use/structures shall not be erected in any required yard, except a rear yard, shall not be located closer than 16 ft. to any side or rear property line, shall require the review and approval of the Zoning Board of Appeals, and that ground mounted mechanical and electrical equipment located in a side yard must be placed immediately adjacent to the residential building and shall be screened from view. (19-18-204-024)

Mr. Merlo addressed the Board with a four-part variance request. Mr. Merlo made reference to the proposed site plan and indicated the dimensional lakeside setback of 36.8-feet for the construction of a new home. Mr. Merlo also indicated the accessory structures, retaining walls screened with plantings with an overall height of 8-feet located in the front and southerly side yards. Mr. Merlo indicated on the site plan due to the steep grade of the site the retaining walls would be utilized to provide usable space on the site. Mr. Merlo made reference to the proposed floor plan and indicated an in-door pool located in the ground level of the proposed new home. Mr. Merlo made reference to the site plan and indicated three (3) air-conditioning units, located in the southerly side yard, placed three to ten feet from the proposed residential building. Mr. Merlo presented the Board with letters of support from Mr. Vijay Walvekar, resident at 3754 Wabeek Lake Drive, Ms. Nazma Amin, resident at 3786 Wabeek Lake Drive, Mr. Eddie Barash, resident at 3745 Princeton Court and Mr. Melvin Murphy, resident at 3746 Wabeek Lake Drive.

Mr. Taylor questioned the location of the three (3) proposed air-conditioning units.

Mr. Merlo referred to the site plan and indicated the three (3) proposed air-conditioning units would be located in the southerly side yard, three to ten feet from the proposed residential building.

Motion by Mr. Taylor, Seconded by Mr. Devine in regard to the appeal at 3732 Wabeek Lake Drive for the construction of retaining walls and an in-door pool, that the request be approved as submitted, and the variance for a dimensional lakeside setback of 36.8 feet and three (3) air-conditioning units located 3 – 10 feet from the residential building, 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 must acquire all necessary permits and provide a Hold Harmless Affidavit to the Township for the driveway built over the Sanitary Sewer Easement.

Motion carried, 5 0.

(10) 5950 Westmoor Road – S. Howard

Mr. & Mrs. Stephen Howard, property owners, were present seeking approval for the following items to remain after demolition of the existing home on Lot 1, The Braes of Bloomfield, Section 30:

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 1517 of Zoning Ordinance No. 265 requires a 25 ft. setback from the boundary or edge of a wetland. Article XV, Section 1503 of Zoning Ordinance No. 265 states that all accessory structures require the review and approval from the Zoning Board of Appeals. (19-30-326-001)

Mr. Howard addressed the Board with the following items to remain after demolition of the existing home. Mr. Howard made reference to the site plan and indicated the existing 22.7’x 24.4’ x 12’ high detached garage, located in the rear yard. Mr. Howard indicated the existing detached garage façade would be upgraded to match the style of the proposed home. Mr. Howard commented the only utility installed in the detached garage would be electrical.

Mr. Kepes questioned would landscaping be installed to shield the existing garage from Walnut Lake Road.

Mr. Howard replied landscaping would be installed thought the property. Mr. Howard commented the landscaping would flow from the walkout basement down to the existing detached garage.

Mr. Taylor suggested to the petitioner to submit a detailed landscape plan for the detached garage to be provided to the Board.

Mrs. Howard presented photos to the Board of their previous residence that indicated the landscaping installed by Mr. Howard.

Mr. Kepes questioned would the existing driveway be removed.

Mr. Howard replied he would be willing to remove the existing driveway.

Mr. Mark Stievater, resident at 6076 Westmoor, was present and suggested by eliminating the existing driveway off of Walnut Lake Road would be the best, since there is a new proposed driveway for the new home.

The Board discussed their concerns with the existing detached garage being visible from Walnut Lake Road. The Board suggested landscaping to be installed to obscure the existing detached garage from view Walnut Lake Road.

Mr. Taylor questioned is the construction project being held up pending the approval of these variance requests.

Ms. Howard replied the construction project is not being held up pending these variance requests.

Motion by Mr. Devine, Seconded by Mr. Kepes in regard to the appeal at 5950 Westmoor Road for an existing detached garage to remain after demolition, be tabled to December 12th, 2006, to allow the petitioner to submit a landscape plan to the Board for the existing detached garage only with the removal of the existing driveway.

Motion carried, 5 – 0.

(11) 4145 Maple Road West – Birmingham Bank

Mr. Rob Ronosko, Bank of Birmingham, Branch Manager, was present seeking approval to extend the use of a previously approved accessory use/structure, a 14’ x 66’ temporary office facility, until December 31, 2006, located in a front yard, Maple Road frontage, for Acreage Parcel, Section 32. Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory use/structures shall not be erected in any required yard, except a rear yard, and shall require the review and approval of the Zoning Board of Appeals. Article II, Section 201 of Zoning Ordinance No. 265 allows for a temporary use or building during periods of construction, with the approval of the Board of Appeals. (19-32-277-041)

Mr. Ronosko addressed the Board with the request for an approval to extend the use of a previously approved temporary office facility, until December 31, 2006. Mr. Ronosko indicated the temporary office facility would be located in the front yard of Maple Road frontage.

Motion by Mr. Aldrich, Seconded by Mr. Kepes in regard to the appeal at 4145 Maple Road West for the request to extend the use for the existing office facility until December 31st, 2006, 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.

(12) (At the petitioners’ request, this item has been rescheduled to December 12th, 2006)

Seeking approval for the construction of accessory structures, two 1.8’ x 6’ x 5.7’ high lighted brick piers with 6 ft. high electronic gates, located on private property, 6 to 7.5 ft. from the front lot line at each side of the driveway entrance on Lot 13, Supervisor’s Plat No. 6, Section 8. 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 fences in a residential district must be located in a side or rear yard and shall not exceed 4 ft. in height. (Joel Miller, 1247 Club Drive, 19-08-451-019)

(13) 6394 Wing Lake Road – K. Kallen

Mr. Gregory Aerts of Gregory Aerts & Associates Architects, was present seeking approval for the following variances to allow renovations to the existing non-conforming building on Lot 141 and Part of Lot 142, Wing Lake Shores, Section 29:

Article XV, Section 1502 of Zoning Ordinance No. 265 states that non-conformities shall not be enlarged upon, expanded, or extended. Article XIV, Section 1400 of Zoning Ordinance No. 265 requires a minimum 40 ft. front yard setback and a minimum 35 ft. rear yard setback. (19-29-326-062)

Mr. Aerts addressed the Board with a four-part variance request. Mr. Aerts made reference to the site plan and indicated the renovations to the existing non-conforming residence. Mr. Aerts indicated the residence is a traditional 2-story structure. Mr. Aerts made reference to the site plan and indicated a 6-foot encroachment into the front yard setback for the construction of roof gable. Mr. Aerts indicated on the site plan a 1.3-foot encroachment into the front yard setback for the construction of a single story porch addition. Mr. Aerts made reference for a 1.1-foot encroachment into the rear yard setback for the construction of a second floor addition. Mr. Aerts commented the last variance request is a 1.7-foot encroachment into the rear yard setback for the construction of a single story addition.

Motion by Mr. Taylor, Seconded by Mr. Kepes in regard to the appeal at 6394 Wing Lake Road for a 6-foot encroachment into the front yard setback for the construction of a roof gable, a 1.3-foot encroachment into the front yard setback for the construction of a single story porch addition, a 1.1-foot encroachment into the rear yard setback for the construction of a second floor addition, and a 1.7-foot encroachment into the rear yard setback for a single story addition, that the variances 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. Petitioner to obtain all necessary building permits.

Motion carried, 5 – 0.

(14) 1535 Island Lane – P. Vlasic

Mr. Robert R. Brand of Robert R. Brands Environments, Inc., was present seeking approval for a 23.5 ft. encroachment into the required 25 ft. natural feature setback for existing accessory structures, two stone retaining walls and seating area with an overall height of 4.7 ft., located in a rear yard 1.5 ft. from the water’s edge. Also seeking approval to install ground cover and sod within the required 25 ft. natural feature area on Lot 7, Island Oaks, Section 17. 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. Article XV, Section 1517 of Zoning Ordinance No. 265 requires a 25 ft. setback from the boundary or edge of a wetland. (19-17-101-017)

Mr. Brand addressed the Board with an apology indicating he was unaware of the approval needed from the Township prior to installing the accessory structures. Mr. Brand made reference to the site plan and indicated the completed retaining walls were constructed out of Michigan sandstone that blends with the architecture of the home. Mr. Brand indicated the area where the existing two (2) stone retaining walls and seating area is located, the petitioner would like to finish the area near the natural feature with sodded lawn behind the wall and plant ground cover on the hillside. Mr. Brand submitted subdivision association approval to the Board.

Chairman Reisinger addressed her concerns with the impact of the stone retaining walls would give from the lakeside. Chairman Reisinger suggested softening the view of the existing upper stone retaining walls from the lakeside.

Mr. Brand replied euonymus could be installed to help soften the existing stone retaining walls from view at the lakeside.

Motion by Mr. Aldrich, Seconded by Mr. Taylor in regard to the appeal at 1535 Island Lane for the two (2) existing stone retaining walls and seating area, that the request be approved as submitted, and the variance for a 23.5-foot encroachment into the required 25-foot natural feature setback for two (2) existing stone retaining walls and seating area. Also to install ground cover and sod within the natural feature area, be granted. Based on the information presented, the applicant did demonstrate compliance with Section 1804 Standards, and did demonstrate all of the standards for practical difficulty. The petitioner is to submit a building permit application and a revised site plan to the Building Department within five (5) business days.

Motion carried, 5 – 0.

(15) 2609 Kentmoor – R. Woz

Mr. Roger Woz, homeowner, was present seeking approval for the construction of accessory use/structures, a 14.5’ x 7.3’ x 4.3’ deep in-door pool, located in the first floor of the sunroom addition, and a 9’ x 7.1’ x 10.2’ high pergola, located in a front yard above the front entrance walkway on Lot 43, Kentmoor No. 1, Section 12. 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. (19-12-202-001)

Mr. Woz addressed the Board with the request to install an in-door swim spa to be located within the first floor of the sunroom addition. Mr. Woz indicated the swim spa would be utilized for exercise and therapy reasons. Mr. Woz indicated the swim spa is 14-feet long by 7-feet wide and would be 52" high. Mr. Woz asked the Board to locate a pergola in the front yard at the entrance walkway. Mr. Woz indicated the pergola would be 7’ x 6’ x 9 high.

Mr. Marvin Schiemann, resident at 2600 Kentmoor, was present and spoke in support of the variance request.

Motion by Mr. Aldrich, Seconded by Mr. Devine in regard to the appeal at 2609 Kentmoor Road for the installation of an in-door pool and pergola, that the request be approved as submitted, and the variance to located a pergola 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 must obtain all necessary permits and submit revised plans to the Building Department within five (5) business days.

Motion carried, 5 – 0.

(16) 760 Westbourne Drive – H. LaPointe & K. Stransky

Mr. Steve Friedman of S.A. Friedman & Associates, was present seeking approval for a .8 ft. encroachment into the required 40 ft. front yard setback and a 7.1 ft. encroachment into the required 35 ft. rear yard setback for the construction of a single story garage addition to the existing non-conforming building, located 39.2 ft. from the front lot line, Cranbrook Road frontage, and 27.9 ft. from the rear lot line, Lot 226, Westchester Village, Section 34. 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 ft. in the front yard setback and a minimum of 35 ft. in the rear yard setback. (19-34-276-030)

Mr. Friedman addressed the Board with a request to extend the existing garage 7.1-feet into the rear yard setback for the construction of a single story garage addition. Mr. Friedman indicated this proposal would provide a two (2)-car garage and a ramp area for wheelchair accessibility. Mr. Friedman made comment subdivision association approval has been granted.

Ms. J. Marlatt, resident at 740 S. Cranbrook Road, was present and spoke in opposition of the variance request.

The Board discussed the opposition with Ms. Marlatt in detail and determined the variance request being sought for practical difficulty was proven.

Motion by Mr. Taylor, Seconded by Mr. Aldrich in regard to the appeal at 760 Westbourne Drive for a .8-foot encroachment into the required 40-foot front yard setback and a 7.1-foot encroachment into the required 35-foot rear setback for the construction of a single story garage addition to the existing 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 standard for practical difficulty. Petitioner must obtain all necessary building permits.

Motion carried, 5 – 0.

(17) 26832 Fourteen Mile Road – D. Magnotta

Mr. Ernest J. Essad of Williams, Williams, Rattner & Plunkett, PC, was present seeking approval for existing accessory structures, two retaining walls screened with plantings, one with an overall height of 20 ft. located in a side yard 5 ft. from the westerly side lot line, and one with an overall height of 6 ft. located in a side yard 3.3 ft. from the easterly side lot line on Lot 19, Supervisor’s Plat of Franklin Lake Estates, 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, shall not exceed 14 ft. in height, shall not be located closer than 16 ft. to any side lot line, and shall require the review and approval of the Zoning Board of Appeals. (19-31-376-013)

Mr. Essad addressed the Board with the request for an approval for two (2) existing side retaining walls screened with plantings. Mr. Essad indicated the Zoning Board previously granted approval for the construction of a retaining wall system that was needed to support the residence. Mr. Essad indicated the residence is almost complete and the Township had additional concerns relative to soil support structures, in turn, hired Hubble Roth and Clark, Township Consulting Engineers to do a site inspection. Mr. Essad commented the petitioner hired McDowell & Associates as their consultants for the petitioner. Mr. Essad made mention Hubble Roth and Clark suggested with the approval from McDowell & Associates that the additional retaining walls be constructed. Mr. Essad indicated the retaining walls were constructed per the direction of Hubble Roth and Clark costing the homeowner $20,000.00. Mr. Essad made reference to the photographs and the landscape plan and indicated the tow (2) side retaining walls would be covered by ivy. Mr. Essad indicated the retaining walls have been painted green to camouflage the retaining walls from the ravine.

Mr. Kepes made comment to the prior Zoning Board of Appeals meeting on June 14th, 2005 and indicated that the retaining walls would not be visible. Mr. Keeps made mention it was also noted at the same Zoning Board Meeting that the applicant proceeds at their own risk in the implementation of the project.

Mr. Essad replied the retaining walls installed, helps stabilize the area.

Mr. Taylor questioned how did the side retaining walls with additional stabilization come before the Board.

Ms. Patti McCullough, Director of Planning and Building, made comment as to the on going litigation filed during the construction project. Ms. McCullough indicated the Township has requested reports from McDowell & Associates as it relates to the grading and the construction of the retaining walls. Ms. McCullough commented through the course of the various reports that the Township received, the Township consulted Hubble Roth and Clark, structural engineers, for their recommendations. Ms. McCullough indicated Hubble Roth and Clark reviewed the findings and recommended further retention for the site.

Mr. Essad replied Hubble Roth and Clark were on site monitoring the construction of the two (2) retaining walls.

Ms. McCullough commented Hubble Roth and Clark were on site performing structural review of the retaining walls and was not on site inspecting the construction of the retaining walls.

Mr. David Nordstrom, resident at 4782 Pickering, was present and spoke in opposition of the variance request.

Chairman Reisinger made mention of two (2) letters received in opposition from Mr. Fienman, resident at 7420 Inner Circle and Mr. David Nordstrom, resident at 4782 Pickering.

Mr. Kepes questioned would a railing be installed at the top of the existing retaining wall.

Mr. Essad replied a 4-foot railing would be installed to code up at the top of the existing retaining wall.

The Board discussed the landscaping of the two (2) existing retaining walls.

Mr. Taylor commented the two (2) existing retaining walls are not harmonious to the district.

Mr. Roman Magnotta, owner, was present and indicated that Baltic ivy would remain green year round. Mr. Magnotta commented the Baltic ivy should cover the two (2) retaining walls within one year leaving the retaining walls green in color.

Mr. Kepes asked for additional landscaping for the existing two (2) retaining walls.

Mr. John Kalisz of McDowell & Associates, was present and indicated that the retaining walls were installed as agreed with Hubble Roth and Clark and Bloomfield Township. Mr. McDowell indicated the landscaping is the responsibility of the homeowner.

Mr. Keeps asked could something be done to reduce the magnitude of the retaining walls.

Mr. McDowell replied this structure was built for the conditions of the site. Mr. McDowell indicated other options were looked at but would not accommodate the stability of the property.

Motion by Mr. Devine, Seconded by Mr. Kepes in regard to the appeal at 26832 Fourteen Mile Road for two (2) existing retaining walls, one existing retaining wall with an overall height of 20-feet, located in the westerly side yard 5-feet from the lot line, and for one existing retaining wall with an overall height of 6-feet located in the easterly side yard 3-feet from the side lot line, that the variance be tabled to December 12th, 2006 to allow the petitioner to provide enhanced photographs to include a railing at the top of the existing retaining walls, with a detailed landscape plan and a time table of completion.

Motion carried, 5 - 0

(18) 2311 Tilbury Place – H. Ford

Ms. Joan Ford, homeowner, was present seeking approval for a 5 ft. encroachment into the required 16 ft. side yard setback for the installation of a stand-by generator, located 11 ft. from the westerly side lot line on Lot 262, Judson Bradway’s Bloomfield Village, Section 26. Article XV, Section 1503 of Zoning Ordinance No. 265 states that ground mounted mechanical and electrical equipment shall not be located in the required 16 ft. side yard setback and equipment located in side yards shall be screened from view by a screen wall consisting of materials identical to those used on the main building or, through the use of evergreen plant material at least the height of the equipment. (19-26-355-005)

Ms. Ford addressed the Board with the request for a 5-fot encroachment into the side yard for the installation of a stand-by generator. Ms. Ford indicated the stand-by generator would be utilized for health reasons. Ms. Ford commented the subdivision association has granted approval.

Motion by Mr. Devine, Seconded by Mr. Aldrich in regard to the appeal at 2311 Tilbury Place for a 5-foot encroachment into the westerly 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. Petitioner must obtain all necessary generator permits and the generator must be screened according to Township Ordinance, and comply with Noise Ordinance at 70dB(A) at the property line.

Motion carried, 5 – 0.

(19) 580 Hamilton Road – R. Gibbs

Ms. Elizabeth Gibbs, homeowner, was present seeking approval for an existing accessory structure, an air-conditioning unit screened with plantings, located in a front yard immediately adjacent to the residential building on Lot 505, Judson Bradway’s Bloomfield Village No. 1, Section 27. 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. (19-27-403-001)

Ms. Gibbs addressed the Board with a request for an existing air-conditioning unit located in the front yard, screened with plantings. Ms. Gibbs referred to the site plan and indicated the existing location of the air-conditioning unit is the best place given it is in proximity of the furnace.

Chairman Reisinger made comment as to the screening of the existing air-conditioner and indicated the Township Ordinance requires the screening be the height of the unit.

Ms. Gibbs replied the screening would be reinstalled to the height of the air-conditioning unit.

Motion by Mr. Taylor, Seconded by Mr. Devine in regard to the appeal at 580 Hamilton Road for the existing 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. Additional evergreen screening to be installed at the height of the air-conditioner, and must submit a revised site plan to the Building Department within five (5) business days.

Motion carried, 5 – 0.

(20) 2756 Turtle Bluff Drive – M. Gray

Mr. Dominick Tringali of Tringali Architects, was present seeking approval for the following variances to allow renovations for Unit 95, Turtle Lake, Section 6:

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 ft. in height. Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory use/structures shall not be erected in any required yard, except a rear yard, shall not exceed 14 ft. in height, shall not be located closer than 16 ft. to any side or rear lot line, shall require the review and approval of the Zoning Board of Appeals, and that ground mounted mechanical or electrical equipment shall be placed in any side or rear yard when placed immediately adjacent to the residential building and shall not be located in the required 16 ft. side yard setback. (19-06-384-027)

Mr. Tringali addressed the Board with a nine-part variance request. Mr. Tringali provided a detailed handout to the Board as he explained the following variances. Mr. Tringali addressed a 6 ft. high masonry screen wall and gate screened with plantings for the purpose of concealing three air-conditioning units and a stand-by generator, located in the front and westerly side yards 85.8 ft. from the front property line. Mr. Tringali referred to a brick retaining/screen wall and gate screened with evergreen plantings with an overall height of 14.9 feet, located in the front and side yards for the purpose of retaining the westerly edge of the proposed driveway and concealing the proposed courtyard. Mr. Tringali indicated the courtyard fireplace with a 26-foot high chimney, would be located in a side yard, 16-feet from the westerly side lot line. Mr. Tringali referred to a 21’ x 17’ x 9’ high courtyard trellis, located in the side yard, more than 16-feet from the westerly side lot line. Mr. Tringali made reference to the site plan and indicated an in-ground courtyard pool, located in the side yard, 34.6-feet from the westerly side lot line. Mr. Tringali referred to the proposed motor court, and indicated a 6’ high wall, to be located in a front yard along the edge of the proposed motor court and 35-feet from the front lot line. Mr. Tringali addressed a 4-foot high stonewall to be screened with evergreen plantings, along the front lot line 8.8-feet from the front lot line. Mr. Tringali made reference to the site plan and indicated a masonry/wrought iron fence with 6-foot high piers that would be placed in the front motor court area. Mr.

Tringali indicated the 2.7-foot encroachment into the side yard setback for the installation of an air-conditioning unit would not be requested.

Chairman Reisinger made mention of the approval received from Victor International.

Motion by Mr. Devine, Seconded by Mr. Aldrich in regard to the appeal at 2756 Turtle Bluff Drive for a brick retaining/screen wall and gate for the purpose of retaining the proposed driveway and concealing the proposed in-ground pool, a fireplace with chimney, a courtyard trellis, an in-ground pool, a motor court wall, located at the northerly edge of the driveway, a stone landscape wall located along the front lot line of Turtle Bluff Drive frontage, that the requests be approved as submitted, and for the variances for a 6-foot high masonry screen wall and gate for the purpose of screening ground-mounted mechanical, located in the front and westerly side yards of Turtle Shores Drive, a brick retaining/screen wall and gate with an overall height of 14.9-feet located in the front and side yards less than 16-feet from the westerly side lot line of Turtle Bluff Drive frontage, a 26-foot high fireplace chimney, located in a side yard, a trellis, located in a side yard, an in-ground courtyard pool, located in a side yard, a wall, located in a front yard along the edge of the proposed motor court of Turtle Bluff Drive frontage, a stone landscape wall, located along the front lot line of Turtle Bluff Drive frontage, and masonry/wrought iron fencing with 6-foot high piers, located in the front motor court area, 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 must obtain all necessary permits, and the generator must comply with the Township Noise Ordinance 70dB(A) at the property line. Applicant removed the request for a 2.7-foot encroachment into the required 16-foot side yard setback for the installation of an air-conditioning unit.

Motion carried, 5 – 0.

(21) 3480 Sunnydale Road – M. Nummer

Mr. Jon Sarkesian of Jon Sarkesian Architects, was present seeking approval for a 5.1 ft. encroachment into the required 16 ft. easterly side yard setback, and a 6 ft. encroachment into the westerly side yard setback for the construction of first and second floor additions to the existing non-conforming home on Part of Lots 978 and 979, Judson Bradway’s Bloomfield Village, 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 ft. in the side yard setback. (19-27-354-014)

Mr. Sarkesian addressed the Board with the request for a 5.1-foot encroachment into the side yard setback for the construction of first and second floor additions. Mr. Sarkesian indicated the subdivision association approval has been granted.

Motion by Mr. Aldrich, Seconded by Mr. Devine in regard to the appeal at 3480 Sunnydale Road for a 5.1-foot encroachment into the easterly side yard setback, and a 6-foot encroachment into the westerly side yard setback for the existing not-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. Petitioner must obtain all necessary building permits.

Motion carried, 5 – 0.

IV. GENERAL BUSINESS

Next Board Meeting – December 12th, 2006

V. ADJOURNMENT