Zoning Board of Appeals Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
ZONING BOARD OF APPEALS
Tuesday, May 15th, 2007
Bloomfield Township Hall

Chairman Khederian addressed the audience:

Welcome to the Bloomfield Township Zoning Board of Appeals meeting of May 15th, 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.

Chairman Khederian addressed the audience and indicated item (12) 1729 Hamilton Drive, was withdrawn at the petitioner’s request.

I. ATTENDANCE:

PRESENT: Board Members David Buckley, Brian Kepes, Jane Reisinger, Carol Rosati, and Chairman Corinne Khederian.

ABSENT: James Aldrich, Brian Henry, Lisa Seneker, and Robert Taylor

STAFF PRESENT: Patricia McCullough, Planning and Building Director, Brenda Schultow, Code and Ordinance Officer, Robin Carley, Development Coordinator, and Kathy Davis, Building Secretary.

II. APPROVAL OF MINUTES:

Approval of the Zoning Board of Appeals Minutes of April 10th, 2007.

Motion by Ms. Reisinger, Seconded by Mr. Buckley to approve the Zoning Board of Appeals minutes of April 10th, 2007 as written.

Motion carried, 5 – 0.

III. APPEALS:

a. New Items

Mr. David Buckley recused himself from the first item he is the homeowner.

(1) 2651 Squirrel Road – D. Buckley

Mr. Dan Krist was present on behalf of the homeowner, seeking approval for the construction of an accessory structure, a 10’ x 10’ x 11’ high shed screened with existing and proposed plantings, located in a rear yard 35 ft. from the southerly side lot line and 40 ft. from the rear lot line on Lot 82, Kentmoor No. 2, Section 12. Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory structures 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. (19-12-126-004)

Mr. Krist addressed the Board with a request for a 10’ x 10’ x 11’ high shed to be screened with existing and proposed plantings. Mr. Krist submitted subdivision association comments to the Board. Mr. Krist made reference to the site plan and indicated the proposed shed would be placed in the rear yard 35-feet from the southerly side lot line and 40-feet from the rear lot line. Mr. Krist commented the proposed shed would be screened by existing mature trees and indicated additional landscaping would be installed as proposed on the landscape plan presented to the Board.

Mr. Kepes questioned was a useful attachment to the residence discussed vs. an accessory structure for storage.

Mr. Krist replied the current residence was constructed in the late 1950’s by constructing an attachment to the home, would not be aesthetically pleasing. Mr. Krist made reference to the proposed landscape plan and indicated additional landscaping would be installed on both sides of the proposed shed.

Motion by Ms. Rosati, Seconded by Mr. Kepes in regard to the appeal at 2651 Squirrel Road for the construction of a 10’ x 10’ x 11’ high shed, that the request be approved as submitted. Based on the information presented, per the landscape plan provided, the applicant did demonstrate compliance with Section 1804 Standards. Petitioner must obtain all necessary permits.

Motion carried, 4 – 0 – 1.

YEAS: Kepes, Reisinger, Rosati, Khederian

NAYS: None

ABSTAINED: Buckley

(2) 1751 Telegraph Road – V. Jennelle/YC Furniture

Ms. Ruth Roth of Yankee Carpenter, was present seeking approval for a 10 ft. encroachment into the required 25 ft. street side setback for the existing non-conforming 6’ x 5’ high ground sign, located 15 ft. from the front property line, Telegraph Road frontage, Lot 238 and Part of Lots 239 to 245, Supervisor’s Plat No. 2, Section 6. Article XV, Section 1502 of Zoning Ordinance No. 265 states that non-conformities shall not be enlarged upon, expanded or extended. Article XV, Section 1512 of Zoning Ordinance No. 265 states that no ground sign shall be located nearer than twenty-five (25) feet to any existing or proposed right-of-way line within the B-3, General Business, zoned district. (19-06-207-018)

Ms. Roth addressed the Board with a request for a 10-foot encroachment into the 25-foot street side setback for an existing non-conforming ground sign, located 15-feet from the front property line. Ms. Roth indicated the sign was refaced with changes being the color (red and white) and logo (YK).

Ms. Reisinger questioned the material of the base for the sign.

Ms. Roth replied the base for the sign was an existing cement base. Ms. Roth commented the sign face change had already occurred and pictures were presented to the Board.

Ms. Reisinger made mention of the letter in support from Mr. Douglas Hardy, Brandy’s Restaurant Owner, address 1727 Telegraph Road.

Ms. Reisinger made mention of the Design Review Board meeting on January 17th, 2007, which was forwarded to the Zoning Board of Appeals.

Motion by Mr. Kepes, Seconded by Mr. Buckley in regard to the appeal at 1751 Telegraph Road for a 10-foot encroachment into the required 25-foot street side setback for the existing non-conforming ground 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. Petitioner must submit a permit application within five (5) business days.

Motion carried, 5 – 0.

(3) 3797 Adams Road North – R. DeClark

Ms. Kimberly DeClark, homeowner, was present seeking approval for the construction of an accessory use/structure, a 16.8’ x 7.8’ x 4.3’ indoor pool, located in the easterly addition to the home, Acreage Parcel, Section 24. 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. (19-24-226-035)

Ms. DeClark addressed the Board with a request for the construction of an indoor pool. Ms. DeClark referred to the site plan and indicated the 16.8’ x 7.8’ x 4.3’ indoor pool would be located in the existing four seasons room of the home.

Motion by Ms. Rosati, Seconded by Ms. Reisinger in regard to the appeal at 3797 Adams Road North for the construction of an indoor pool, that the request be approved as submitted. Based on the information presented, the applicant did demonstrate compliance with Section 1804 Standards. Petitioner must obtain all necessary permits.

Motion carried, 5 – 0.

(4) 1765 Telegraph Road – Car CNI-2, L.P./Smart Car

Mr. Al Paas of DesRosiers Architects, was present seeking approval for the use of existing accessory structures, two 24’ x 56’ x 11.2’ high temporary office trailers to include handicap ramps and a common breezeway, to be used from May 2007 through

November 2007, located in a rear yard 65 ft. from the front lot line, Fairfax Avenue frontage, Acreage Parcel, Section 6. Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory structures shall be screened 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. (19-06-226-004)

Mr. Paas addressed the Board with the request for two (2) existing temporary office trailers, to be connected by a site constructed vestibule and accessed from a wood porch structure by steps and a barrier free ramp. Mr. Paas made reference to the photographs and indicated the exterior material for the existing trailers is similar to T-1-11 plywood siding with a painted finish. Mr. Paas commented the bottom of the temporary trailers would have skirting compatible with the siding material on the unit. Mr. Paas stated the temporary office trailers would be utilized to house office staff. Mr. Paas made reference to the site plan and indicated the existing fence and gates at Fairfax Road would be maintained and the trailer area would be secured during non-office hours. Mr. Paas stated the time frame for occupancy of the existing trailers would be from May 2007 through the end of November 2007, during this time the existing building would be undergoing a total interior renovation.

Ms. Reisinger questioned would the existing trailers require landscaping.

Ms. Patti McCullough, Director of Planning and Building Department, indicated the two (2) existing temporary office trailers are placed on the existing parking lot in the rear. Ms. McCullough made reference to the Design Review Board meeting and stated the landscape detail requested was in the form of planters placed at the entrance steps and ramps of the existing trailers.

Ms. Reisinger made mention of the Design Review Board meeting, which was approved contingent upon Zoning Board Appeals approval and compliance with Fire Codes.

Ms. Reisinger made mention of the letter received in support from Mr. Douglas Hardy, Brandy’s Restaurant owner, address 1727 Telegraph Road.

Motion by Mr. Kepes, Seconded by Mr. Buckley in regard to the appeal at 1765 Telegraph Road for the use of two (2) 24’ x 56’ x 11.2’ high temporary office trailers, that the request be approved as submitted. Based on the information presented, the applicant did demonstrate compliance with Section 1804 Standards. The two (2) temporary trailers allowed on site from May 2007 through November 2007 and/or issuance of a certificate of occupancy, whichever one comes first. Petitioner must obtain all necessary permits and approvals by the Fire Department.

Motion carried, 5 – 0.

(5) 2921 Turtle Pond Court – T. Kill

Seeking approval for a 4 ft. encroachment into the required 16 ft. side yard setback for an existing accessory structure, a stand-by generator screened with an existing brick screen wall with materials identical to those used on the main building, located in a side yard 12 ft. from the easterly side lot line for Unit 42, Turtle Lake, Section 8. Article XV, Section 1503 of Zoning Ordinance No. 265 states that ground mounted mechanical and electrical equipment shall not be located in the required sixteen (16) ft. side yard setback. (19-08-102-019)

Motion by Ms. Reisinger, Seconded by Mr. Buckley to move item (5) 2921 Turtle Pond Court to the end of the agenda to allow the petitioner to be present for the item.

Motion carried, 5 – 0.

(6) 1978 Long Lake Shore Drive – S. Dhar

Mr. Raj Nijhon of BNA Construction, was present seeking approval for a 1 ft. encroachment into the westerly side yard setback for the construction of a second story addition supported by steel columns, Lot 13, Long Lake Shores, Section 7. Article XIV, Section 1400 of Zoning Ordinance No. 265 requires a minimum of 16 ft. in the side yard setback. (19-07-301-002)

Mr. Nijhon addressed the Board with the request for a 1-foot encroachment into the westerly side yard setback for the construction of a second story addition supported by steel columns. Mr. Nijhon made reference to the proposed site plan and indicated the proposed addition on the second floor would be an extension of the existing children’s bedroom. Mr. Nijhon presented the Board with a letter of support of the variance request from the neighbor to the west, Mr. and Mrs. Christopher Brochert, residents at 1986 Long Lake Shore Drive. Mr. Nijhon commented the subdivision association comments were submitted to the Building Department along with the construction drawings.

Ms. Reisinger questioned the re-location of the existing air-conditioning unit.

Mr. Nijhon replied the air-conditioning unit would be re-located to accommodate the proposed addition.

Motion by Mr. Buckley, Seconded by Mr. Kepes in regard to the appeal at 1978 Long Lake Shore Drive for a 1-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 to submit subdivision association comments to the Township and must obtain all necessary permits.

Motion carried, 5 – 0.

(7) 1250 Water Cliff Drive – A. Must

Mr. Alan Must, homeowner, was present seeking approval for the installation of an accessory structure, a stand-by generator screened with existing and proposed plantings, located in a front yard, Water Cliff Drive frontage, immediately adjacent to the wall of the building on Lot 46, Echo Park No. 2, Section 17. Article XV, Section 1503 of Zoning Ordinance No. 265 states that ground mounted mechanical and electrical equipment shall be placed in any side or rear yard. (19-17-453-004)

Mr. Must addressed the Board with a request for the installation of a stand-by generator to be located in the front yard of Water Cliff Drive frontage. Mr. Must made reference to the site photographs and indicated a rear yard location was discussed and it was determined it would be a nuisance to the neighbor’s bedroom window. Mr. Must proposed the generator to be placed in the front yard of the residence behind an existing blue spruce tree with additional large shrubs to be installed to screen the proposed generator from view. Mr. Must stated the stand-by generator would be a necessity due to the power outages in the area.

Motion by Ms. Reisinger, Seconded by Ms. Rosati in regard to the appeal at 1250 Water Cliff Drive for the location of a front yard generator, that the variance be approved as requested. Based on the information presented, due to the frequent power outages, the applicant did demonstrate to the Board’s satisfaction all of the standards for practical difficulty. Petitioner must obtain all necessary permits and generator must comply with Township Noise Ordinance 70dB(A) at the property line.

Motion carried, 5 –0.

(8) 5550 Kenmoor Road – L. Obrebski

Seeking approval for the installation of an accessory structure, a stand-by generator with existing evergreen plantings, located in a front yard immediately adjacent to the residential building, Quarton Road frontage, Lot 134, The Braes of Bloomfield No. 3, Section 30. 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. (19-30-101-006)

Motion by Ms. Reisinger, Seconded by Ms. Rosati to move item (8) 5550 Kenmoor Road to the end of the agenda to allow the petitioner to be present for the item.

Motion carried, 5 – 0.

Ms. Rosati recused herself from the next item and indicated to the Board she resides within the 500-foot notification area.

(9) 1115 Woburn Green – M. Greenspan

Mr. Marshall Greenspan, homeowner, was present seeking approval r an existing accessory structure, a stand-by generator screened with proposed evergreen plantings, located immediately adjacent to the easterly wall of the residential building on Unit 101, The Hills of Lone Pine, Section 20. 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 and shall be screened from an adjacent public or private street. (19-20-226-111)

Mr. Greenspan addressed the Board with the request for an existing stand-by generator, located immediately adjacent to the easterly wall of the residential building. Mr. Greenspan stated the existing generator is a necessity due to power outages in the area. Mr. Greenspan presented the Board with a landscape plan to screen the existing stand-by generator. Mr. Greenspan referred to the landscape plan and indicated seven (7) Japanese Yews would be installed at the height of the existing generator to provide screening from the front and side yard.

Ms. Reisinger made mention of the letter in support received from the Design Review Committee of The Hills of Lone Pine for this variance request.

Motion by Ms. Reisinger, Seconded by Mr. Kepes in regard to the appeal at 1115 Woburn Green for an existing generator located in a side yard, that the variance be approved as requested. Based on the information presented, due to frequent power outages, the applicant did demonstrate to the Board’s satisfaction all of the standards for practical difficulty. Petitioner must submit permit application within five (5) business days and the generator must comply with Township Noise Ordinance 70dB(A) at the property line.

Motion carried, 4 –0 – 1

YEAS: Reisinger, Kepes, Buckley, Khederian

NAYS: None

ABSTAINED: Rosati

(10) 5569 Woodwind Drive – S. Fisher

Mr. Gene Slade of Brighton Appliance Service, was present seeking approval for an existing accessory structure, an air-conditioning unit screened with existing and proposed evergreen plantings, located in the southerly side yard 11.8 ft. from the residential building on Lot 46, Kirkwood No. 1, Section 30. Article XV, Section 1503 of Zoning Ordinance No. 265 states that ground mounted mechanical and electrical equipment may be permitted in any side yard when placed immediately adjacent to the residential building. (19-30-128-002)

Mr. Slade addressed the Board with the request for an existing air-conditioning unit, located in the southerly side yard. Mr. Slade made reference to the site plan presented and indicated the placement of the existing air-conditioning unit was due to an existing sidewalk that runs from the front of home to the back.

Ms. Sue Bernstein, President of the Kirkwood Improvement Association, and resident at 5708 Woodwind Drive, was present and spoke in opposition of the variance request. Ms. Bernstein questioned the side yard set back dimension and the placement of the existing air-conditioning unit.

Mr. Fisher, homeowner, was present and stated he received approval from Mr. David Gallow, the previous Association President. Mr. Fisher commented it was his understanding compliance with the Township had been met.

Mr. Buckley questioned prior to the installation were permits obtained.

Mr. Slade replied the permit application was mailed in to the Township on July 15th, 2005 for the air-conditioning unit. Mr. Slade stated the air-conditioning unit was installed on July 22nd, 2005. Mr. Slade indicated the permit application was returned to Brighton Appliance and was not issued.

Ms. Patti McCullough made mention of the Final Ordinance Violation sent on February 8th, 2007. Ms. McCullough discussed the history of the Ordinance violation and the permit application process to the Board.

Mr. Slade stated he was not informed of the "immediately adjacent to" requirement.

Chairman Khederian asked Ms. McCullough for an explanation of the Accessory Structure Ordinance.

Ms. McCullough replied and indicated the Township Ordinance was amended approximately five (5) years ago references to ground mounted mechanical or electrical equipment shall be permitted in any rear yard when placed immediately adjacent to the residential building. Ms. McCullough stated given the installation and upon discussions with the inspector, three-feet has been an allowable distance for placement to meet the classification of immediately adjacent to the residential building. Ms. McCullough commented having ground mounted mechanical equipment located more than 11-feet from a residential building does not constitute immediately adjacent to the residential building.

Mr. Buckley questioned was the residence previously air-conditioned.

Mr. Slade replied the residence was not previously air-conditioned.

Chairman Khederian questioned the distance from the garage to the property line.

Mr. Fisher replied the distance from the garage to the property line is 18-feet.

Mr. Slade referred to the proposed site plan and indicted the distance from the garage to the property line appears to be 29.8-feet.

Mr. Kepes suggested to the Board moving the existing sidewalk to allow for the relocation of the existing air-conditioning unit to be adjacent to the residence.

Motion by Mr. Kepes, Seconded by Mr. Buckley in regard to the appeal at 5569 Woodwind Drive for an existing air-conditioning unit located 11.8-feet from the residential building, that the variance be table to June 12th, 2007, to allow the petitioner to seek approval from the Subdivision Association and the neighbor at 5593 Woodwind Drive. The petitioner must submit a survey indicating the exact location of the air-conditioning unit indicating all of the setbacks.

Motion carried, 5 – 0.

(11) 1040 Timberlake Drive – C. Derian

Mrs. Mary Derian, homeowner, was present seeking approval for the installation of accessory structures, two air-conditioning units screened with existing and proposed evergreen plantings, located in a front yard immediately adjacent to the residential building, Windingwood Drive frontage, Lot 73, Lone Pine Road Estates, Section 21. Article XV, Section 1503 of Zoning Ordinance No. 265 states that ground mounted mechanical and electrical equipment shall be placed in any side or rear yard. (19-21-376-007)

Mrs. Derian addressed the Board with the request for the installation of two (2) air-conditioning units located in a front yard screened with existing and proposed evergreen plantings. Mrs. Derian made reference to the site plan and indicated one (1) air-conditioning unit would be relocated with an additional second air-conditioning unit to accompany to the west side of the residence. Mrs. Derian stated the west side is the best location, given the 100-foot setback, which 75-feet is naturally wooded. Mrs. Derian provided a landscape plan indicating arborvitae screening to create a landscape buffer to be installed around the two (2) air-conditioning units. Mrs. Derian provided the Board with Subdivision Association comments.

Motion by Mr. Buckley, Seconded by Ms. Reisinger in regard to the appeal at 1040 Timberlake for two air-conditioning units located in a front yard, that the variance be approved as requested. Based on the information presented, per landscape plan presented to the Board, the applicant did demonstrate to the Board’s satisfaction all of the standards for practical difficulty. Petitioner must submit a revised site plan to the Building Department within five (5) business days and obtain all necessary permits.

Motion carried – 5 – 0.

(12) (This item has been withdrawn at the petitioner’s request)

Seeking approval for the following variances on Part of Lots 9, 11, 39 and 41, and all of Lots 10 and 40, Square Lake Country Club, Section 6:

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 be screened from adjacent residences with evergreen and deciduous material, which will obscure view twelve (12) months of the year, and that ground mounted mechanical and electrical equipment shall be located immediately adjacent to the wall of the building in any side or rear yard. 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. (James & Maralisa Addis, 1729 Hamilton Drive, 19-06-451-054)

(13) 6379 Muirfield Drive – R. Orley

Mr. Randall Orley, homeowner, along with Mr. Garnet Cousins, Architect, were present seeking approval for a 16.5 ft. encroachment into the required 40 ft. front yard setback for the construction of a two-story addition, located 23.5 ft. from the front property line, and a 3-foot encroachment into the required 35 ft. rear yard setback for the construction of a single-story addition, located 27 ft. from the rear property line for the existing non-conforming building on Lots 144 and 145, 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 of 40 ft. in the front yard setback, and a minimum of 35 ft. in the rear yard setback. (19-29-326-030)

Mr. Orley addressed the Board with a 16.5-foot encroachment into the front yard setback for the construction of a two-story addition. Mr. Orley made reference to the proposed site plan and indicated the narrow lot combined with family needs generate the need to seek a variance. Mr. Orley stated the notice for the rear yard encroachment is 8-feet into the required 35 ft. rear yard set back and not 3-feet as noticed. Mr. Orley indicated the single-story addition would be located 27-feet from the rear property line as noticed.

Ms. Reisinger made mention of a letter in opposition of the variance request from Mr. Walter Young, resident, at 6372 Muirfield Court.

Mr. Kepes made mention of the notice and stated the typo is the 3-feet, the numbers when calculated, is correct and reflects the 27-feet from the rear property line as indicted in the notice.

Ms. Patti McCullough, Planning and Building Director, replied the figure should have been described as an 8-foot encroachment into the required 35 ft. rear yard setback. Ms. McCullough stated to the Board given the information presented is adequate and suggested the Board take action on the item.

Mr. Kepes questioned the use and the need for the variance requests.

Mr. Orley replied the residence is located across from Wing Lake School, which is currently under going major construction. Mr. Orley indicated by adding on the addition it would provide screening from the Wing Lake School. Mr. Orley made reference to the site plan and indicated the green belt area and addressed the existing non-conforming home on the property. Mr. Orley submitted Wing Lake Property Owners Association comments along with support from the following neighbors; Mr. & Mrs. Marc Siegel, residents, at 6351 Muirfield Drive, Mr. & Mrs. Francis Castaing, residents, at 6394 Muirfield Court, Mr. & Mrs. Keith Kallen, residents, at 6394 Wing Lake Road.

Motion by Ms. Reisinger, Seconded by Mr. Buckley in regard to the appeal at 6379 Muirfield Drive for the 16.5-foot encroachment into the front yard setback and a 8-foot encroachment into the rear yard setback for 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. Given the petitioner faces Wing Lake School that is under construction. Petitioner must obtain all necessary permits.

Motion carried, 5 – 0.

(14) 3707 Peabody Drive – D. Fraser

Mr. Douglas Fraser, homeowner, along with his son, Bradley Fraser, were present seeking approval for an accessory use/structure, a 32.9’ x 55’ seasonal ice rink, located in the southwesterly rear yard more than 16 ft. from the side and rear property lines on Lot 33, Peabody Orchards, Section 28. Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory use/structures shall be screened from adjacent residences with evergreen and deciduous material, which will obscure view twelve (12) months of the year, states that in no instance shall the accessory use/structure exceed one-half (1/2) in the ground floor area of the main building, and shall require the review and approval of the Zoning Board of Appeals. (19-28-276-009)

Mr. Fraser addressed the Board with the request for a seasonal ice rink, located in the southwesterly rear yard screened by an existing fence. Mr. Fraser stated to the Board the ice rink was utilized 60 days each year during the months of January and February. Mr. Fraser made reference to the photographs of the seasonal ice rink and indicated the rink is rectangle, 30’x 50’ which includes 1" backboards around the perimeter with a visqueen liner. Mr. Fraser stated lighting was installed in the trees for the ice rink, due to complaints the lighting was removed. Mr. Fraser provided an extensive landscape plan to the Board and indicated the short and long term range for additional screening.

Ms. Reisinger commented upon her visit of the property, there was an existing fence around the property screening the seasonal ice rink from view. Ms. Reisinger spoke in objection of the lighting for the seasonal ice rink.

Chairman Khederian made mention of two (2) letters received for this variance request. Chairman Khederain indicated one (1) letter in opposition from Mr. Walter P. Dixon, resident at 3712 N. Darlington and one (1) letter in support from Dr. Gary Willyerd, resident at 3719 Peabody.

Motion by Ms. Reisinger, Seconded by Ms. Rosati in regard to the appeal at 3707 Peabody Drive for a seasonal ice rink, that the request be approved as submitted, and the variance for a seasonal ice rink that exceeds 50% of the floor area of the main 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. The seasonal ice rink is granted use for one (1) season, November 1st 2007 – March 31st, 2008 with the removal of backstop/boards by April 1st, 2008, for daylight use only, no lighting. Petitioner must submit a permit application prior to installation.

Motion carried, 4 – 1.

YEAS: Reisinger, Rosati, Buckley, Khederian

NAYS: Kepes

(15) 3789 South Darlington – J. Gatward

Ms. Sharon Schwab of Sharon Schwab Landscape Architecture, was present seeking approval for the construction of an accessory use/structure, a 30’ x 40’ sports court including a 17 ft. high light pole, screened with existing and proposed plantings, located in the a rear yard 19 ft. from the westerly side lot line and 54 ft. from the rear lot line. Also seeking approval for the construction of two 2.3’ x 2.3’ x 3.3’ high stone pillars with a 2 ft. high light fixture, having an overall height of 5.3 ft., located in a front yard at each side of the driveway entrance on Lot 9, Oaks of Bloomfield, Section 28. 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 lot line, 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. (19-28-276-021)

Ms. Schwab addressed the Board with the request to install a 30’ x 40’ sports court in the rear yard. Ms. Schwab indicated the proposed sports court would incorporate a basketball hoop with backboard with a maximum height of 13-feet and a light pole of 17-feet in height. Ms. Schwab made reference to the proposed landscape plan and indicated the additional shrubbery to be installed to help screen the sports court from view. Ms. Schwab made reference to the site plan and indicated the two (2) proposed 2.3’ x 2.3’ x 3.3’ high stone pillars with a 2-foot high light fixture to be located in the front yard at each side of the driveway entrance.

Mr. Albert Shearer, resident, at 5860 E. Miller Way, was present and spoke in opposition of the proposed light pole for the sports court.

Ms. Barbara Czarnecki, resident, at 3782 Darlington Road, was present and spoke in opposition of the light pole for the sports court.

Ms. Jenny Drainville, President of the North Hills subdivision association, was present and commented the adjacent neighborhood was not notified of the Zoning Board meeting.

Ms. Patti McCullough. Director of Planning and Building Department, replied the Department is required to notify the subject property subdivision association that the property falls within and the adjacent properties that fall within 500-foot radius of the subject property. Ms. McCullough commented the State Law requires a 300-foot radius for noticing; the Township extends the requirement to 500-feet.

Chairman Khederian made mention of the Oaks of Bloomfield, Property Owners Association approval letter received for both variances.

Chairman Khederian made mention of the letter in support from Ms. Debbie Davis, resident, at 3781 Darlington Road South.

Chairman Khederian made mention of the letter in opposition from Mr. Gordon Becker, resident, at 3817 Quarton Road.

Mr. James Gatward, homeowner, addressed the lighting and indicated the light would be positioned downward onto the sports court. Mr. Gatward indicated the proposed sports court would be of sound material.

Motion by Ms. Reisinger, Seconded by Ms. Rosati in regard to the appeal at 3789 South Darlington Road for the construction of a sports court and two stone pillars, that the request be approved as submitted, and the variance for the construction of two (2) stone pillars 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.

Contingent upon the stone pillars are to be no greater than 5’ 3" in height to include the light fixture. The sports court is to be utilized for daylight hours only, no lighting. Petitioner must submit a permit application prior to installation and screen the sports court per landscape plan presented.

Motion carried, 5 – 0.

Ms. Rosati recused herself from the next item and indicated to the Board she resides within the 500-foot notification area.

(16) 4786 S. Chipping Glen – A. Jokubaitis

Mr. Patrick Funke of Michael J.Dul & Associates, was present seeking approval for an existing accessory structure, a 1.2’ x 10’ high bronze steel sculpture placed on a 1.7’ x 3.9’ x .7’ high stone pedestal to match the architectural façade of the building, located in a front yard 42.5 ft. from the southerly side property line and 25.4 ft. from the front property line, South Chipping Glen frontage, Unit 121, The Hills of Lone Pine, Section 20. Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory structures shall not be erected in any required yard, except a rear yard, 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. (19-20-226-130)

Mr. Funke addressed the Board with the request for an existing bronze sculpture located within a landscape planter. Mr. Funke made reference to the site plan and indicated the sculpture is located in the front yard 42-feet from the side property line and 25-feet from the east property line. Mr. Funke indicated the sculpture is 10’ high x 14" wide placed upon a low stone pedestal, which is 20" wide x 47" long x 8" high to match the architectural façade. Mr. Funke stated the sculpture is an integral part of the homeowner’s collection.

Ms. Reisinger made mention of the letter received in support from the subdivision association for the variance request.

Motion by Mr. Kepes, Seconded by Mr. Buckley in regard to the appeal at 4786 S. Chipping Glen for an existing sculpture, that the request be approved as submitted, and the variance for an existing sculpture 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 permit application and a revised site plan must be submitted to the Building Department within five (5) business days.

Motion carried, 4 – 0 – 1.

YEAS: Kepes, Buckley, Reisinger, Khederian

NAYS: None

ABSTAINED: Rosati

(17) 5090 Brookdale Street – R. Sorensen

Mr. Richard Sorensen, homeowner, was present seeking approval for the following variances on Lot 24, Bloomfield Estates, 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 be screened from adjacent residences with evergreen and deciduous material, which will obscure view twelve (12) months of the year, shall require the review and approval of the Zoning Board of Appeals. Article XV, Section 1510 of Zoning Ordinance No. 265 states that fences in a residential district must be located in a required side or rear yard and shall not exceed 4 ft. in height. (19-24-302-007)

Mr. Sorensen addressed the Board with a three-part variance request. Mr. Sorensen made reference to the site plan and indicated the hot tub would be located in the rear yard, to be screened with proposed evergreen plantings. Mr. Sorensen indicated a 20.5’ x 12.5’ x 12’ high pergola, located in rear yard, attached to the southerly wall of the existing sunroom. Mr. Sorensen referred to the proposed garden wall to be constructed of brick with a height of 5.8-feet to be located in the front yard of Strathmore Street frontage. Mr. Sorensen stated the garden wall would be consistent with the English Tudor style of the home. Mr. Sorensen commented the garden wall would provide privacy from the surrounding neighbors.

Ms. Reisinger made mention of the letter in support from the subdivision association for the three-part variance request.

Motion by Mr. Buckley, Seconded by Kepes in regards to the appeal at 5090 Brookdale Street for a hot tub and a pergola, that the request be approved as submitted, and the variance for the construction of a hot tub located in a rear yard, a pergola located in a rear yard, and a 5.8-foot high screen wall 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 obtain all necessary permits and submit a revised site plan to the Building Department within five (5) business days.

Motion carried, 5 – 0.

(18) 21220 Fourteen Mile – Nativity Episcopal Church

Ms. Gail Davison, representative for the Nativity Episcopal Church, was present seeking approval for existing accessory structures, four air-conditioning units screened with existing and proposed plantings, located in a front yard, Forest Lane frontage, Lots 2 and 3, Supervisor’s Plat of Berkshire Forest, Section 34. Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory structure shall be screened from adjacent residences with evergreen and deciduous material, which will obscure view twelve (12) months of the year, and that ground mounted mechanical or electrical equipment shall be permitted in any side or rear yard when they are placed immediately adjacent to the residential building. (19-34-376-005)

Ms. Davison addressed the Board with the request for four (4) existing air-conditioning units screened with existing and proposed plantings, located in a front yard of Forest Lane frontage. Ms. Davison made reference to the site plan and indicated the 4-foot opening that was in need of screening the existing four (4) air-conditioning units. Ms. Davison suggested the installation of a 6-foot white spruce tree would provide adequate screening for the existing four (4) air-conditioning units.

Mr. Gary Gusmanian, resident at 29412 Windmill Court of Farmington Hills, was present and spoke in relation to the screening being adjacent to the air-conditioning units. Mr. Gusmanian stated the there is an existing sidewalk that abuts to the air-conditioning units, which would not allow for screening to be installed immediately adjacent to the units.

The Board discussed the proposed location for the proposed plantings to screen the four (4) air-conditioning units.

Motion by Ms. Reisinger, Seconded by Mr. Buckley in regard to the appeal at 21220 Fourteen Mile Road for four (4) existing 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 all of the standards for practical difficulty given that large trees exist. The petitioner will install two (2) additional trees, one (1) Texas tree in the front, and one (1) 6-foot high white spruce tree to the right of the existing large trees, to screen the four (4) existing air-conditioning units. Petitioner must submit a permit application within five (5) business days to include screening as proposed.

Motion carried, 5 – 0.

(19) 1400 Echo Lane – K. Barnett

Ms. Mary Barnett, homeowner, was present seeking approval for the construction of an accessory structure, a 40.5 x 10.8 x 10.5’ high cabana with mechanical, electrical and plumbing to include a kitchenette and pool equipment, screened with existing and proposed plantings, to replace the existing pool house, located in a rear yard 16 ft. from the easterly side lot line approximately 140 ft. from the rear lot line on Lot 12, Bloomfield Heights No. 6, Section 20. Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory structures shall be screened from adjacent residences with evergreen and deciduous material, which will obscure view twelve (12) months of the year, shall require the review and approval of the Zoning Board of Appeals, and that ground mounted mechanical and electrical equipment shall be placed immediately adjacent to the residential building. (19-20-126-040)

Ms. Barnett addressed the Board with the request to demolish the existing pool house located in the rear yard. Ms. Barnett stated the current pool house is in poor condition and presented a new plan to the Board and indicated the structure would include mechanical, electrical, and plumbing to include a kitchenette. Ms. Barnett indicated the location of the pool equipment would also be within the structure. Ms. Barnett commented landscaping would be installed with existing and proposed plantings to help soften the view of the structure.

Chairman Khederian made mention of two (2) letters received in support of the variance requests from Mr. Doug Kaselitz, resident, at 1380 Echo Lane and Mr. Mark Backonen, resident, at 4540 Echo Road.

Ms. Reisinger questioned would a bathroom be installed in the cabana.

Ms. Barnett replied a bathroom would not be installed in the cabana.

Motion by Mr. Buckley, Seconded by Mr. Kepes in regard to the appeal at 1400 Echo Lane for the construction of a cabana be approved as submitted, and the variance for the installation of pool equipment inside the proposed cabana 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 Single Family Affidavit and obtain all necessary permits.

Motion carried, 5 – 0.

(20) 43020 Woodward Avenue – Sharp Investments, LLC/Marathon Service Station

Mr. Edward Etchen of Etchen & Gumma Limited Architects, was present seeking approval for the following variances to allow renovations to the existing non-conforming commercial building site located on Lots 25 to 31 and part of Lot 32, The Crescent, Section 3:

Article XV, Section 1502 of Zoning Ordinance No. 265 states that non-conformities shall not be enlarged upon, expanded or extended. 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 or rear lot line, 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. Article XIV, Section 1400 of Zoning Ordinance No. 265 requires a minimum parking setback of 25 ft. in the front yard and 10 ft. each side yard within the, B-3 General Business, zoned district. (Sharp Investments, LLC/Marathon Service Station, 43020 Woodward Avenue, 19-03-352-004)

Mr. Etchen addressed the Board to request site improvements to the existing Marathon Gas station at the intersection of Woodward and Square Lake Road. Mr. Etchen indicated the site improvements included adding a canopy over the three (3) existing gas pumps, revamping the façade and roof of the building, striping the parking lot, adding a masonry dumpster enclosure with wooden gates, upgrade the existing wall along the property line and adding some landscaping in two corners of the parcel.

Mr. Kepes made reference to the topographical map dated February 5th, 2007, and questioned the ice chest container.

Mr. Etchen replied there is an existing dumpster located on the property and commented the ice chest container on the site would be utilized to sell bags of ice.

Ms. Patti McCullough, Planning and Building Director, commented the site plan presented to the Design Review Board did not include the ice chest container therefore the ice chest container would not be permitted.

Mr. Kepes made reference to the 6-foot high trash enclosure with wooden gates and questioned the ability to install a landscape island at the easterly side bordered by the handicap parking space.

Mr. Etchen replied the barrier free handicap parking space is required for this site and given the requirements for the barrier free handicap parking a landscape island could not be installed to screen the dumpster.

Ms. McCullough commented the parking requirements have been addressed at the Planning Commissions and the Design Review Board. Ms. McCullough noted that an excess of vehicles had been parked on-site in the past. Ms. McCullough stated these

vehicles were on-site for repair in the station garage. Ms. McCullough indicated it was determined vehicles awaiting repair would not be stacked but would be stored on a remote site.

Ms. Reisinger made mention of the letter received from Mr. Laith Hanna, President of Sharp Investments, LLC, regarding cars awaiting repairs will heretofore be stored on a remote site. Ms. Reisinger commented the Planning Commission approved and forwarded onto the Zoning Board of Appeals under the condition that there would not be stacking of parking on this property.

Mr. Kepes questioned the material to be used on the exterior of the building.

Mr. Etchen replied the material on the building would be brick, red in color with the columns for the canopy to match. Mr. Etchen stated the roof would be green in color.

Motion by Ms. Reisinger, Seconded by Ms. Rosati in regard to the appeal at 43020 Woodward Avenue for the construction of a canopy and a trash enclosure, that the request be approved as submitted, and the variance for a canopy located in a front yard setback, a trash enclosure located in a front yard on the north property line, and to retain the existing non-conforming parking setback for the existing non-conforming

building site be granted. Based on the information presented, the applicant did demonstrate all of the standards for practical difficulty. Given this property is unique on a busy corner. Petitioner must obtain all necessary permits.

Mr. Kepes questioned the height of the top of the proposed canopy.

Ms. McCullough replied based on the plans presented the top of the canopy indicated is 22-feet high and not 19.3-feet high as noticed. Ms. McCullough stated the plans submitted show an overall height is 22-feet which is matching the gable as proposed for the principal building. Ms. McCullough suggested to the Board to table the height variance of the canopy, to allow for re-noticing.

Motion by Ms. Reisinger, Seconded by Ms. Rosati in regard to the appeal at 43020 Woodward Avenue for the construction of a canopy an a trash enclosure, that the request be approved as submitted, and the variance for a canopy located in a front yard setback excluding the height of the canopy, a trash enclosure located in a front yard on the north property line, and to retain the existing non-conforming parking setback for the existing non-conforming building site 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.

Motion by Ms. Reisinger, Seconded by Ms. Rosati in regard to the appeal at 43020 Woodward Avenue, to table for re-noticing to the June 12th, 2007 meeting to allow for the height 46’ x 37.9’ x 22’ high canopy to be re-noticed.

Motion carried, 5 – 0.

(21) 43494 Woodward Avenue – Scottsdale Properties/Bloomfield Internal Medicine Associates

Mr. Larry Sherman of Sherman & Sherman PC, represented Bloomfield Internal Medicine Associates, was seeking approval for continued use of an existing accessory use/structure, a 45’ x 8’ x 14’ high mobile medical unit to operate every other Tuesday and every other Thursday from 8:00 a.m. to 4:00 p.m., located in a rear yard 16-feet from the northerly side lot line and more than 16-feet from the easterly rear lot line of Lots 5 and 6, East Bloomfield Highlands Subdivision, Section 4. Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory use/structures require the review and approval of the Zoning Board of Appeals. (19-04-429-011)

Mr. Sherman addressed the Board with the request for a continued use of an existing 45’ x 8’ x 14’ high mobile medical unit to operate every other Tuesday and every other Thursday from 8:00 a.m. to 4:00 p.m., located in a rear yard. Mr. Sherman stated the mobile unit is utilized for CT scanning and cardiac testing. Mr. Sherman indicated on April 11th, 2006 the Zoning Board of Appeals granted approval for one (1) year for the use of the mobile medical unit. Mr. Sherman made reference to the letters submitted in support of the mobile medical unit. Mr. Sherman stated the personal property tax statement was submitted to the Township Assessors office as though the mobile unit was on site on December 31st, 2006.

Ms. Reisinger questioned did the Assessor’s office received the personal property tax return prior to December 31st, 2006.

Ms. Patti McCullough, Planning and Building Director, replied as indicated in the memo from the Assessing Department a personal property return was not filed with the Township Assessors office prior to December 31st, 2006. Ms. McCullough indicated in the memo the Assessing Department did receive a personal property return on April 11th, 2007 after the Design Review Board meeting held at the Township.

Mr. Michael Ketslakh, CEO, National Diagnostic Services, LLC, was present and indicated the personal property tax return was filed after December 31st, 2006.

Motion by Ms. Reisinger, Seconded by Mr. Kepes in regard to the appeal at 43494 Woodward for the continued use of a mobile medical unit, for one (1) year that the request be approved as submitted based on the information presented, the applicant did demonstrate compliance with Section 1804 Standards. Petitioner

must obtain all necessary permits. Petitioner is to provide to the Assessing Department the following items within thirty (30) days from today a floor plan with equipment identified, a listing of original cost amounts of all equipment, and years of acquisition. The mobile medical unit is to operate every other Tuesday and every other Thursday from 8:00 a.m. to 4:00 p.m. Contingent upon the mobile unit being on site at 43494 Woodward Avenue on December 31st, 2007, for tax assessment and filing for personal property return to be filed by February 20th, 2008.

Motion carried, 5 – 0.

(5) 2921 Turtle Pond Court – T. Kill

Mr. Jeff Dotson, was present on behalf of the homeowner, seeking approval for a 4 ft. encroachment into the required 16 ft. side yard setback for an existing accessory structure, a stand-by generator screened with an existing brick screen wall with materials identical to those used on the main building, located in a side yard 12 ft. from the easterly side lot line for Unit 42, Turtle Lake, Section 8. Article XV, Section 1503 of Zoning Ordinance No. 265 states that ground mounted mechanical and electrical equipment shall not be located in the required sixteen (16) ft. side yard setback. (19-08-102-019)

Mr. Dotson addressed the Board with the request for an existing generator to be screened with an existing brick wall, located in the side yard. Mr. Dotson made reference to the site plan and indicated the generator had been painted gray in color, which is consistent with the stone on the wall. Mr. Dotson indicated two (2) additional arborvitaes would be installed to help screen the wall and generator. Mr. Dotson provided subdivision association approval to the Board for the variance request.

Motion by Mr. Buckley, Seconded by Ms. Reisinger in regard to the appeal at 2921 Turtle Pond Court for a 4-foot encroachment for an existing generator located 12-feet from the side property line, that the variance be approved as requested. Based on the information presented, the applicant did demonstrate to the Board’s satisfaction all of the standards for practical difficulty. Petitioner must submit a revised site plan to the Building Department prior to final inspection and the generator must comply with the Township Noise Ordinance with 70dB(A) at property line.

Motion carried, 5 – 0.

(8) 5550 Kenmoor Road – L. Obrebski

Seeking approval for the installation of an accessory structure, a stand-by generator with existing evergreen plantings, located in a front yard immediately adjacent to the

residential building, Quarton Road frontage, Lot 134, The Braes of Bloomfield No. 3, Section 30. 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. (19-30-101-006)

Petitioner was not present for the variance request.

Ms. Patti McCullough, Planning and Building Director, represented the petitioner and indicated there were no letters in opposition or support for the variance request. Ms. McCullough made reference to the proposed site plan and indicated the stand-by generator would be placed within a vegetated area.

Motion by Ms. Rosati, Seconded by Ms. Reisinger in regard to the appeal at 5550 Kenmoor 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. Petitioner must obtain all necessary permits and the generator must comply with the Township Noise Ordinance 70dB(A) at the property line.

Motion carried, 5 – 0.

IV. GENERAL BUSINESS

• Next Board Meeting – June 12th, 2007

V. ADJOURNMENT

Respectfully submitted,

Patricia McCullough, Director

Planning and Building Department

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