Zoning Board of Appeals Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
ZONING BOARD OF APPEALS
Tuesday, April 10th, 2007
Bloomfield Township Hall

I. ATTENDANCE:

PRESENT: Board Members James Aldrich, David Buckley, Lisa Seneker, Robert Taylor, and Chairman Jane Reisinger.

ABSENT: Brian Henry, Brian Kepes, Corinne Khederian, and Carol Rosati.

STAFF PRESENT: Patricia McCullough, Planning and Building Director, Brenda Schultow, Code and Ordinance Officer, Robin Carley, Development Coordinator, and Tamara Coolman, Building Department Plan Reviewer.

Chairman Reisinger addressed the audience:

Welcome to the Bloomfield Township Zoning Board of Appeals meeting of April 10th, 2007.

As a brief introduction – The Zoning Board of Appeals is a seven member, quasi-judicial body appointed by the Bloomfield Township Board of Trustees. It is established and regulated by the Michigan Zoning Enabling Act and the Bloomfield Township Zoning Ordinance for questions arising under the Zoning Ordinance. Matters pending before the Zoning Board of Appeals are decided on a case-by-case basis.

The Zoning Board is empowered to: 1.Grant variances to the Zoning Ordinance, 2. Approve accessory structures, and 3. Interpret the Zoning Ordinance.

Any appeal of a decision made by the Zoning Board of Appeals is subject to Circuit Court Review.

Each case will be called separately, in the order shown on tonight's agenda. There will be an opportunity for public comment at one point during each case. All persons wishing to address the Board will be asked to provide their name and address at the podium. Given the number of appeals tonight, please make your comments brief. You are encouraged to address the Board, but if you do so, please address your comments to me, the Chairperson, and not the applicant or other members of the public.

Comments by the Neighborhood Association will be considered as part of the factual information presented to the Board, but it is not the determining factor for approval or denial. Please confine comments to the specific request before the Board.

For a request to be successful, an affirmative vote of at least four members present is required. A tie will result in the applicant being denied their request.

We hope this helps provide a better understanding of what you can expect at tonight's meeting. Thank you. We’ll now call the first case.

II. APPROVAL OF MINUTES

Motion by Ms. Seneker, Seconded by Mr. Buckley to approve the Zoning Board of Appeals minutes of March 13th, 2007 as written.

Motion carried, 5 – 0.

III. APPEALS:

Tabled Items

(1T) 7481 Franklin Court – G. Miller

Mr. Gary Miller, homeowner, was present seeking approval for an existing accessory structure, a 10’ x 14’ x 10’ high shed, located on a vacant parcel Lot 2, Supervisor’s Plat of Franklin Lake Estates, Section 31, more than sixteen ft. from the front, side, and rear property lines, Fourteen Mile Road frontage, as part of ownership of 7481 Franklin Court, Lot 1. Article II, Section 201 of Zoning Ordinance No. 265 defines accessory use/structure as a use, which is clearly incidental to, customarily found in connection with, and located on the same zoning lot as, the principal use to which it is related. Article XV, Section 1503 of Zoning Ordinance No. 265 states that all accessory structures shall not be erected in any required yard, except a rear yard, shall be screened from adjacent residences with evergreen and deciduous material which will obscure view twelve (12) months of the year, and shall require the review and approval of the Zoning Board of Appeals. (19-31-452-014; 015)

Mr. Miller addressed the Board with a landscape plan and indicated the proposed screening would obscure the existing shed from the neighbor’s view at 7455

Franklin Court. Mr. Miller commented the neighbor, Mr. Fee, 7455 Franklin Court, has agreed with the proposed landscape plan as presented.

Chairman Reisinger made mention of (7) seven letters in support of the variance request from Mr. Richard Daniels, resident at 7456 Franklin Court, Mr. & Mrs. David Farbman, residents at 7420 Franklin Court, Mr. John Thompson, resident at 7401 Franklin Court, Mr. Mark Kodlowski, resident at 7415 Franklin Court, Mr. & Mrs. Bill Maher, residents at 7430 Franklin Court, Ms. Carol Dubrinsky, resident at 7448 Franklin Court, and Mr. & Mrs. John Saunders, residents at 7466 Franklin Court.

Chairman Reisinger made mention of (1) one letter received in opposition of the variance request from Mr. David Fee, resident at 7455 Franklin Court.

Motion by Mr. Aldrich, Seconded by Mr. Taylor in regard to the appeal at 7481 Franklin Court for the existing shed, that the request be approved as submitted, and the variance for the existing shed located on a vacant parcel be granted, based on the information presented, per the landscape plan presented, the applicant did demonstrate compliance with Section 1804 Standards, and did demonstrate all of the standards for practical difficulty.

Petitioner must submit a permit application within five (5) business days.

Motion carried, 5 – 0.

b. New Items

(1) 1117 Woburn Green – Midtown Holding

Mr. John Bertoia of JFB Construction Company, was present seeking approval for the installation of accessory structures, three air-conditioning units screened with evergreen plantings, located in a front yard, Telegraph Road frontage, Unit 100, The Hills of Lone Pine, Section 20. Article XV, Section 1503 of Zoning Ordinance No. 265 states that ground mounted mechanical or electrical equipment, located within the One-Family Cluster District, shall be permitted in any rear yard when placed immediately adjacent to the residential building and shall be screened from adjacent residences with evergreen and deciduous material, which will obscure view twelve (12) months of the year. (19-20-226-110)

Mr. Bertoia addressed the Board with a request for three (3) air-conditioning units screened with evergreen plantings, located in a front yard, Telegraph Road frontage.

Mr. Bertoia commented the proposed air conditioning units would be screened from the neighbors and general public with an existing berm that screens off Telegraph Road to the east.

Chairman Reisinger mentioned the subdivision association has commented to the variance request.

Chairman Reisinger questioned would additional landscaping be installed.

Mr. Bertoia replied the three (3) air-conditioning units would be screened by a 4-foot landscaping wall, which would be screened by evergreens.

Motion by Ms. Seneker, Seconded by Mr. Buckley in regards to the appeal at 1117 Woburn Green for three air-conditioning units, 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 for practical difficulty. Petitioner to obtain all necessary permits.

Motion carried, 5 – 0.

(2) 752 Ardmoor Drive – D. Kiehle

Mr. David Kiehle, homeowner, was present seeking approval for an 11 ft. encroachment into the required 16 ft. side yard setback for the installation of two air-conditioning units screened with evergreen plantings, located 5 ft. from the southerly side property line. Also seeking approval for the installation of an accessory structure, pool equipment screened with evergreen plantings, located immediately adjacent to the pool decking more than 16 ft. from the southerly side and rear property lines on Lot 1314, Judson Bradway’s Bloomfield Village No. 8, Section 27. Article XV, Section 1503 of Zoning Ordinance No. 265 states that ground mounted mechanical and electrical equipment may be permitted in any side or rear yard when placed immediately adjacent to the residential building, and shall not be located in the required sixteen (16) ft. side yard setback. (19-27-327-004)

Mr. Kiehle addressed the Board with two (2) variance requests to be considered. Mr. Kiehle requested an 11-foot encroachment into the side yard setback for the installation of two air-conditioning units. Mr. Kiehle stated the existing air-conditioning unit could not stay in its original location due to a new electrical service being installed at the home. Mr. Kiehle commented the two air- conditioning units would be screened with evergreens. Mr. Kiehle requested the proposed pool equipment to be placed immediately adjacent to the existing swimming pool decking. Mr. Kiehle commented the pool heater and filter would be screened with eight (8) to ten (10) 4-6-foot high arborvitaes.

Ms. Seneker made mention of the letter in support of the variances from the next door neighbor, Mr. James Peil, resident at 750 Ardmoor Drive.

Ms. Seneker made mention the subdivision association has commented to the variance requests.

Motion by Mr. Taylor, Seconded by Mr. Aldrich in regard to the appeal at 752 Ardmoor Drive for an 11-foot encroachment into the southerly side yard setback for the installation of two air-conditioning units, and pool equipment, located immediately adjacent to the pool decking, that the variance requests 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 permits.

Motion carried, 5 – 0.

(3) 4794 Tully Road – L. Stassinopoulos

Mr. Joseph Wilson of Gethsemane Landscape Architectural Builders, was present seeking approval for the construction of accessory structures, two 3’ x 3’ x 6’ high brick and limestone entry piers to match the new home, located in a front yard, Tully Court frontage, at each side of the driveway entrance. Also seeking approval for the construction of masonry retaining walls and columns screened with plantings with an overall height of 6 ft., located in a front yard, Tully Road frontage, on Lot 63, Bloomfield Heights No. 3, Section 20. Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory structures shall not be erected in any required yard, except a rear yard, shall be screened from adjacent residences with evergreen and deciduous material, which will obscure view twelve (12) months of the year, and shall require the review and approval of the Zoning Board of Appeals. (19-20-151-011)

Mr. Wilson addressed the Board with the request for entry piers, retaining walls and columns to be located in the front yard of Tully Road frontage. Mr. Wilson made reference to the proposed site plan and indicated the brick masonry retaining walls and columns screened with plantings with an over all height of 6-feet to be located on the southeast corner of the residence. Mr. Wilson proposed two (2) 3’ x 3’ x 6’ high brick and limestone entry piers to be located on the north right-of- way line on both sides of the driveway. Mr. Wilson indicated a third column, a 2’ x 2’ x 3’ brick to match the residence, would be placed on the east side of the residence adjacent to the circular drive’s auto court. Mr. Wilson commented all three (3) columns would have decorative limestone caps on top.

Chairman Reisinger questioned the location of the two (2) driveway entry piers.

Mr. Wilson replied the two (2) driveway entry piers would be placed on private property.

Chairman Reisinger made mention of the site plan that was stamped and signed by Bloomfield Heights subdivision association.

Ms. Suzanne Haynes, resident at 1589 Tully Court, was present and spoke in opposition of the variance request.

Mr. Wilson replied the piers and walls would be landscaped with evergreens on both sides to help soften from view.

Chairman Reisinger questioned the height of the proposed plantings along the walls and piers.

Mr. Wilson replied the proposed plantings along the walls and piers would be 14–16-feet in height at the time of planting.

Mr. Ben Stanley, son of Ms. Hildegard Stanley, resident at 1550 Tully Court, was present and spoke in opposition of the proposed 6-foot high piers.

Mr. Taylor questioned the Township requirement for accessory structures.

Ms. Patti McCullough, Director of Planning and Building, stated an accessory structure could be no higher than 14-feet in height. Ms. McCullough commented each item is reviewed on a case-by-case basis.

Mr. Buckley questioned would the entry piers have light fixtures proposed.

Mr. Wilson replied light fixtures have not been proposed but he would like to see them implemented in the design.

Mr. Taylor commented the 4-foot brick piers with lights would be less objectionable than the 6-foot brick piers with lights.

Chairman Reisinger questioned would the petitioner object to the 4-foot brick piers.

Mr. Wilson suggested to the Board, 4-foot brick piers with light fixtures on top.

Motion by Mr. Taylor, Seconded by Mr. Aldrich in regard to the appeal at 4794 Tully Road for the entry piers, retaining walls, and columns, that the request be approved as submitted, and the variance for the entry piers located in the front yard, and retaining walls and columns located in a front yard be granted. Contingent upon the columns and piers with or without light fixtures are not to exceed 6-feet in height. 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 revised site plan to the Building Department prior to final grade certification.

Motion carried, 5 – 0.

(4) 2710 Turlte Lake Drive – Tomas Holdings Inc.

Mr. Patrick Funke of Michael J. Dul and Associates, was present seeking approval for the construction of accessory structures, retaining walls with an overall height of 6 ft., located in a front yard, which is part of a landscape plan proposed for a new home, Unit 48, Turtle Lake, 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, shall be screened from adjacent residences with evergreen and deciduous material, which will obscure view twelve (12) months of the year, and shall require the review and approval of the Zoning Board of Appeals. (19-07-202-010)

Mr. Funke addressed the Board with a request for natural stone masonry retaining walls and rock outcroppings to retain and preserve the large existing trees and create accessibility to the proposed residence from the road. Mr. Funke indicated the proposed residence is planned to be constructed within the building envelope however, a 12-foot high natural ridge separates the building envelope from the road. Mr. Funke made reference to the landscape plan indicating the retaining wall and rock outcroppings proposed would retain and preserve the existing trees from the proposed driveway are located outside the building envelope/setback line and vary in height from 2-foot to 6-foot. Mr. Funke stated the proposed masonry wall on the west side of the drive would be constructed of natural granite veneer. Mr. Funke indicated the proposed rock outcroppings to the east of the drive and behind the existing large oak tree would be of a natural weathered boulders of the same species of granite as the masonry veneer. Mr. Funke stated where possible, the rock outcroppings would be set in such a manner to create planting pockets between each rock to soften and minimize the impact of a single wall. Mr. Funke stated the wall and rock outcroppings are required to create access into the site and to preserve the existing trees.

Motion by Ms. Seneker, Seconded by Mr. Buckley in regard to the appeal at 2710 Turtle Lake Drive for the construction of retaining walls, be approved as submitted and the variance for the construction of the front yard retaining walls 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 Building permits.

Motion carried, 5 – 0.

(5) 1506 Lakewood Road – L. Slabotsky

Mr. Patrick Funke of Michael J. Dul and Associates, was present seeking approval for construction of the following accessory structures proposed in a landscaping project for the new home on Part of Outlot A, Woodcrest Farms, section 20:

Two 2.6’ x 5’ x 7.5’ high lighted entry piers, located in a front yard, one at each side of the driveway entrance.

Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory structures shall not be located in any required yard, except a rear yard, shall be screened from adjacent residences with evergreen and deciduous material, which will obscure view twelve (12) months of the year, and shall require the review and approval of the Zoning Board of Appeals. (19-20-327-022)

Mr. Funke addressed the Board with a five-part variance request. Mr. Funke referred to the site plan and indicated the two (2) 2.6’ x 5’ x 7.5’ high lighted entry piers, to be located in a front yard, one at each side of the driveway entrance. Mr. Funke commented the stone masonry piers proposed would have gas lanterns mounted atop the piers. Mr. Funke indicated the piers are proposed to be constructed with stone veneer to match the residence with limestone caps. Mr. Funke stated the proposed piers are a request by the owner to establish and identify the entrance for their guests. Mr. Funke made reference to the site plan and indicated the proposed retaining walls on each side of the proposed driveway with an overall height of 4-feet, located in a front yard. Mr. Funke commented the proposed walls would be constructed to create a planting buffer between the wall and driveway to create a visual safety barrier for vehicles and pedestrians. Mr. Funke stated the walls were required to provide safe access into the site from Lakewood Drive by crossing the existing dry ditch. Mr. Funke indicated a culvert would be provided underneath the drive to allow unobstructed flow of the ditch during high water levels. Mr. Funke provided a copy of the permit from Michigan Department of Environmental Quality, which was required to install the culvert and walls. Mr. Funke made reference to the existing stone retaining wall on the proposed site plan. Mr. Funke stated the 4-foot high stone retaining wall was installed to retain the driveway. Mr. Funke indicated the wall was constructed of natural ledge stone and would preserve a mature existing oak tree below the driveway elevation. Mr. Funke made reference to the proposed stone retaining wall extending from the rear wall of the residence with an overall height of 6-feet to be located in the rear yard. Mr. Funke stated the proposed wall would step up with the existing grade, creating a planting terrace between the proposed patio and the wall. Mr. Funke commented the wall is required to create a flat area to construct a patio above the lower level garden windows. Mr. Funke stated the sill elevation of the garden windows would be approximately 6-feet below the adjacent patio elevation.

Mr. Funke identified the proposed outdoor fireplace on the site plan. Mr. Funke stated the proposed 5.7’ x 3’ x 8.7’ high outdoor fireplace would be located in the rear yard. Mr. Funke indicated the proposed fireplace would be constructed of stone masonry veneer and limestone caps to the match the residence. Mr. Funke stated the outdoor fireplace is a request by the owners to create a function and aesthetically pleasing garden element within the landscaping of their proposed residence.

Chairman questioned the height difference between the entry piers and the driveway.

Mr. Funke replied the height difference between the entry piers and driveway is 3.5-feet.

Ms. Patti McCullough, Director of Planning and Building, stated Woodcrest Farms Improvement homeowners association granted approval and indicated no letters of opposition had been received for this variance request.

Mr. Taylor questioned the height of the two (2) proposed 7.5-foot high lighted entry piers.

Mr. Funke replied the proposed two (2) lighted entry piers are 4.5-foot high. Mr. Funke stated the homeowners purchased the 3-foot high light fixtures in New Orleans and asked the Board to accommodate the request as submitted.

Mr. Taylor suggested by lowering the two (2) entry piers too much would not look aesthetically pleasing for the site.

Mr. Funke suggested he could relocate the two (2) entry piers further back on the property, approximately 20-feet from the front property line. Mr. Funke stated he would be open to suggestions.

Ms. McCullough asked the petitioner to address the conversation with the Fire Marshal regarding the proposed outdoor fireplace.

Mr. Funke stated he spoke to Fire Marshal, Mike McCully relating to the fireplace design. Mr. Funke indicated the Fire Marshal requested non-combustible materials be within 25-feet of the proposed fireplace structure. Mr. Funke stated the Fire Marshal denied the request as submitted.

Ms. McCullough stated the Zoning Board of Appeals has no authority to waive or vary a general Ordinance that addresses the Fire Codes.

Chairman Reisinger suggested that the Board address each item separately.

Motion by Mr. Taylor, Seconded by Mr. Aldrich in regard to the appeal at 1506 Lakewood Road for the two 2.6’ x 5’ x 7.5’ high lighted entry piers, located on each side of the driveway entrance, to be placed on private property, retaining walls with an overall height of 4-feet proposed on each side of the driveway, an existing stone retaining wall with an overall height of 4-feet, and a stone retaining wall extending from the rear wall of the residence with an overall height of 6-feet, that the requests be approved as submitted, and the variance for the two lighted entry piers, and retaining walls 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 must submit a revised site plan to the Building Department upon submitting final grade certification.

Motion carried, 5 – 0.

Motion by Mr. Taylor, Seconded by Ms. Seneker in regard to the appeal at 1506 Lakewood Road for a 5.7’ x 3’ x 8.7’ high outdoor fireplace, to be located in a rear yard, that the request be denied as submitted. Based on the information presented, the applicant did not demonstrate compliance with Local Ordinance 544, which states no burning in a one-family residential zoning district shall be permitted within 15-feet of any lot line, within 25-feet of any structure or combustible materials or upon any paved or blacktop street.

Motion carried, 5 – 0.

(6) 3610 Franklin Road – A. Markovitz

Mr. Dominick Tringali of Dominick Tringali Architects, was present seeking approval for the following variances for the proposed new home on Lots 16 and 17, Supervisor’s Plat of North Devon Acres, Section 17:

Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory structures shall not be erected in any required yard, except a rear yard, shall be screened from adjacent residences with evergreen and deciduous material which will obscure view twelve months of the year, and shall require the review and approval of the Zoning Board of Appeals. Article XV, Section 1510 of Zoning Ordinance No. 265 states that fences in a residential district must be located in a required side or rear yard. Article XIV, Section 1400 of Zoning Ordinance No. 265 requires a minimum of 40 ft. in the front yard setback, and 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 ft. of each side of the lot in question. (19-17-276-003)

Mr. Tringali addressed the Board with a four-part variance request and presented a revised handout for the proposed new home. Mr. Tringali made reference to the handout and indicated the first floor living area would consist of 3,829 square feet. Mr. Tringali provided a revised overall site plan and building envelope indicating the required setbacks. Mr. Tringali requested a 20-foot encroachment into the required front yard setback for the construction of a new home. Mr. Tringali made reference to the building envelope and proposed the lot coverage to be 27.8% allowing a 6,385 square foot building area. Mr. Tringali requested a 9.8-foot encroachment into the lakeside setback with the required average setback of the neighboring properties at 57.3-feet for the construction of a new home, which would allow a 47.5-foot lakeside setback. Mr. Tringali made reference to the proposed front elevation and indicated the proposed building height would be 26.7’-feet. Mr. Tringali addressed the entry gates and 6.7-foot high limestone piers including the 3-foot high finials with an overall height of 9.7-feet to be located at each side of the driveway entrance. Mr. Tringali stated the entry gates would be wrought iron with a 4-foot high wrought iron fence located in the front yard at each side of the driveway entrance. Mr. Tringali made reference to the proposed plan and indicated the proposed 6-foot high arborvitaes to be installed along the proposed 4-foot wrought iron fence line to help with screening. Mr. Tringali provided a mock rendering of the proposed home as to how it would appear from across the lake.

Mr. Taylor stated his concerns with the proposed location of the piers and the limited distance from Franklin Road.

Mr. Tringali replied the proposed piers would have a 26-foot clearance between the road and the proposed gates. Mr. Tringali commented he was open to suggestions of lowering the height of the proposed piers.

IV. GENERAL BUSINESS

By-Laws

Chairman Reisinger addressed the Board with the proposed By-Laws and suggested to the Board to make a vote or table to the next meeting to allow for compliment of a full Board. Chairman Reisinger commented the revisions have been made and are now reflected.

Patti McCullough, Director of Planning and Building, stated the most of Ms. Rosati’s suggestions were incorporated within the draft and there was follow-up communication with the Township Attorney which was supported and was indicated the Board could act upon the By-Laws. Ms. McCullough indicated to the Board that By-Laws are a requirement of the Zoning Ordinance.

Mr. Aldrich suggested to the Board to allow for Carol Rosati to return for the next meeting.

Ms. McCullough replied she discussed with Ms. Rosati the draft and there were no issues.

Chairman Reisinger commented Ms. Rosati is an alternate member and might not be called upon for the next meeting. Chairman Reisinger stated she was comfortable moving forward with the five-member permanent Board.

Mr. Buckley commented the Board has not had a full seven-member Board since he has signed on. Mr. Buckley suggested would it be necessary to increase the alternate member by one.

Ms. McCullough replied the past two (2) months have been unusual due to vacations, illness, and three (3) of the Board members were involved with Construction Board of Appeals in March. Ms. McCullough commented the majority attendance is six (6) members.

Motion by Mr. Buckley, Seconded by Mr. Aldrich in regard to the adoption of the By-Laws be approved as submitted.

Motion carried, 5 – 0.

b. Next Board Meeting – May 15th, 2007

Ms. Seneker made mention of a special guest present, Mr. Edward Beauchamp, resident at 2284 Devonshire Road. Ms. Seneker stated Mr. Beauchamp is a Boy Scout moving towards a merit badge. Ms. Seneker requested Mr. Beauchamp receive a copy of the approved minutes.

V. ADJOURNMENT

Respectfully submitted,

Patricia McCullough, Director

Planning and Building Department

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