Zoning Board of Appeals Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
ZONING BOARD OF APPEALS AGENDA
Tuesday, July 10th, 2007 – 7:00 P.M.
Bloomfield Township Hall

Welcome to the Bloomfield Township Zoning Board of Appeals meeting of July 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.

ATTENDANCE:

PRESENT: Board Members James Aldrich, David Buckley, Brian Henry, Brian Kepes, Lisa Seneker, Robert Taylor, and Chairman Corinne Khederian.

ABSENT: Jane Reisinger, and Carol Rosati

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

TOWNSHIP REPRESENTATIVE: Mark Roberts, Attorney from Secrest Wardle.

Chairman Khederian addressed the audience and indicated item (1T) 821 Highwood Drive, was removed at the petitioner’s request.

APPROVAL OF MINUTES

Motion by Mr. Taylor, Seconded by Mr. Buckley to approve the Zoning Board of Appeals minutes of June 12th, 2007 as written.

Motion carried, 5-0-2.

YEAS: Taylor, Buckley, Aldrich, Henry, Khederian

NAYS: None

ABSENT: Kepes, Seneker

APPEALS

Tabled Items

(1T) Item removed at the petitioner’s request

Seeking approval for the construction of an accessory structure, a 12’ x 12’ x 17.9’ high pergola, located in a front yard on a proposed terrace 50 ft. from the rear property line and 101.6 ft. from the front property line, Rayburn Road frontage, on Lot 103, Eastover Farms No. 1, Section 13. The Code of the Charter Township of Bloomfield, Chapter 42, Section 9 states that accessory structures shall not be erected in any required yard, except a rear yard, shall not exceed fourteen (14) ft. in height, 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. (Masoud Nasrollahzadeh/Zari Vakilian, 821 Highwood Drive, 19-13-126-005)

New Items

(1) 7155 Parkhurst Drive – M. Schmidt

Mr. Martin Schmidt, homeowner, was present and was ordered to show cause as to why the prior approval for the variance of an existing accessory structure, an 11-foot tree house area, should not be revoked, located in a rear yard 6 ft. from the westerly side property line and 7 ft. from the rear lot line, Lot 56, Berkshire Villas No. 2, Section 33. The Code of the Charter Township of Bloomfield, Chapter 42, Section 42-559 states that accessory structures 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. (19-33-426-005)

Ms. Seneker, Board member, arrived.

Mr. Schmidt addressed the Board with the letter from Tom’s landscaping, indicating the reasoning for the death of the trees. Mr. Schmidt made comment to the letter submitted from his attorney to Mr. Hampton, Township attorney.

Chairman Khederian asked Township counsel, Mr. Mark Roberts, of Secret Wardle to address the history of the appeal before the Zoning Board of Appeals.

Mr. Roberts addressed the appeal and indicated the item is before the Zoning Board of Appeals on a show cause hearing to determine whether the variance that was granted on July 11th, 2006 should not be revoked. Mr. Roberts stated it is upon the applicant to show cause why this existing accessory structure should not be revoked. Mr. Roberts indicated the variance that was granted on July 11th, 2006 was to allow the existing 11-foot high tree house/accessory structure to remain within 16-feet of the side yard setback, which currently is 6-feet from the side yard setback. Mr. Roberts stated the motion that passed that night, allowed the existing tree house/accessory structure to remain, however, it contained a requirement that the existing tree house/accessory structure be screened. Mr. Roberts stated included in the motion to install 13-foot arborvitaes at the rear property line to screen the existing tree house/storage area from view of the neighbor’s property. Mr. Roberts stated the Code and Ordinance Department has determined that this condition is no longer being complied with. Mr. Roberts stated that all of the trees have died, which no longer supply the screening effect that was required in the motion of July 11th, 2006. Mr. Roberts indicated the applicant is contending that he did not have a requirement that he maintain the trees, the only requirement was to install the trees. Mr. Roberts stated the decision of the Board is to conduct a show cause hearing and determine whether the screening condition placed upon the variance request on July 11th, 2006 is being complied with. Mr. Roberts commented if the Board determines the screening is no longer being complied with, an appropriate motion would be to revoke the variance and set a timeframe of removal of the tree house/accessory structure. Mr. Roberts commented if the Board determines the screening is still in effect, a motion should be considered to clarify the motion from July 11th, 2006, that the screening must be maintained.

Ms. Rita Nader, resident at 3775 Wedgewood Drive, was present and spoke in objection of the existing tree house.

Mr. Brian Kepes, Board member, arrived.

Ms. Erica Nader, resident at 3811 Wedgewood Drive, was present and spoke in objection of the existing tree house.

Mr. Taylor questioned how does dead arborvitaes benefit to the sale of this property.

Mr. Schmidt replied that there were no conditions and quoted from the letter received from outside counsel, dated November 30th, 2006 and stated, "We find that the berm plantings of arborvitaes do substantially comply with the Board’s ruling and therefore no further plantings will be required by the Township to screen the structure from the 3775 Wedgewood residence". Mr. Schmidt stated he has been forced to pay for a mistake that was not created by him. Mr. Schmidt commented the problem is with the Naders since they cleared cut their property and made the existing tree house visible.

Mr. Roberts commented to the letter dated November 6th, 2006. Mr. Roberts stated the purpose and intent of the letter was to indicate that the arborvitaes planted by the applicant were healthy and did comply and did not have to plant any more. Mr. Roberts stated there is nothing in the letter to suggest that the applicant could allow the arborvitaes to die or the next day cut them down. Mr. Roberts indicated to the Board that the motion stated was to screen the existing tree house/accessory structure from the neighboring property, which is also an Ordinance requirement. Mr. Roberts stated the purpose of the letter from Mr. Hampton, dated November 6th, 2006 was to indicate that the applicant complied with the conditions, as it existed at that time. It was not implying that the applicant could allow the arborvitaes to die and not take any action.

Ms. Patti McCullough, Planning and Building Director, commented to the screening and height requirements for the existing accessory structure. Ms. McCullough stated that it was suggested to the applicant that an option may be to install a berm to help with the limited availability of trees at the required height for the arborvitae screening of the existing accessory structure. Ms. McCullough stated that the technique, the method of planting, or irrigation (or lack thereof) for the berm was not addressed nor was it a requirement of the Township.

Chairman Khederian made mention of the letters in objection received from Bloomfield-Berkshires Improvement Association and Mr. & Mrs. Fred Nader, residents at 3775 Wedgewood Drive.

Chairman Khederian made mention of letter in support signed by Mr. David Matle, resident at 7177 Parkhurst Drive, Mr. Richard Chesbrough, resident at 7180 Parkhurst Drive, Mr. Philip Good, resident at 7160 Parkhurst Drive, Mr. Michael Mooney, resident at 7215 Parkhurst, and Ms. Leslie Green, resident at 3759 Wedgewood.

Motion by Ms. Seneker, Seconded by Mr. Kepes in regard to the appeal at 7155 Parkhurst Drive for the existing tree house/accessory structure, that the request be denied. Based on the information presented, the applicant did not demonstrate compliance with Section 42-55 Standards, the location and height of the existing accessory structure does hinder the adjacent use of the property, given it is visible to the adjacent neighbor, it is not harmonious to the district, due to the required arborvitae screening installed has died, and it is objectionable to nearby residents. The tree house/accessory structure and the dead arborvitaes are to be removed immediately upon approval of the minutes.

Motion carried, 7 – 0.

Mr. Mark Roberts was excused from the Zoning Board Meeting.

(2) 5655 Woodland Pass – W. Horton

Mr. Willie Horton, homeowner, was present seeking approval for an existing 6 ft. high stockade fence, located in a front yard approximately 15 to 20 ft. from the front lot line, Telegraph Road frontage, Lot 194, Foxcroft No. 4, Section 29. The Code of the Charter Township of Bloomfield, Chapter 42, Section 42-566 states fences in a residential district shall be located in a side or rear yard and shall not exceed 4 ft. in height. (19-29-228-011)

Mr. Horton addressed the Board with the request for an existing 6-foot high stockade fence, located in the front yard of Telegraph Road frontage. Mr. Horton stated the 6-foot fence was installed to provide security and privacy for his family.

Ms. Seneker made mention of the approval letters received from Mr. & Mrs. Larry Grady, residents at 4140 Meadow Way and from the Foxcroft Subdivision Association.

Ms. Gail Eynon, resident at 4115 Meadow Way, was present and spoke in support of the existing 6-foot fence.

Mr. John Boyle, resident at 5575 Woodland Pass, was present and spoke in support of the existing 6-foot fence.

Mr. Kepes asked for landscaping/vegetation to be installed along the frontage of Telegraph Road to help screen the existing 6-foot high stockade fence.

Mr. Horton replied he is currently working with a landscaper and he would address the screening of the existing 6-foot high fence along Telegraph Road frontage.

Motion by Mr. Aldrich, Seconded by Mr. Buckley in regard to the appeal at 5655 Woodland Pass for an existing 6-foot high fence 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 a fence permit.

Mr. Kepes asked Mr. Aldrich for an amendment to the motion to include landscaping for the existing 6-foot high fence along Telegraph Road frontage.

Mr. Aldrich declined the amendment request for landscaping, and stated the petitioner is currently working with a landscaper.

Motion carried, 6 – 1.

YEAS: Aldrich, Buckley, Henry, Seneker, Taylor, Khederian

NAYS: Kepes

(3) 4442 Chamberlain Drive – J. Dutz

Ms. Carone Dutz, homeowner, was present seeking approval for existing accessory structures, two air-conditioning units screened with existing evergreen plantings, located in a front yard immediately adjacent to the residential building approximately 69 ft. from the easterly front lot line, Old Trinity Court frontage, on Lot 22, Orchard Valley, Section 32. The Code of the Charter Township of Bloomfield, Chapter 42, Section 9 states that ground mounted mechanical and electrical equipment shall be placed in any side or rear yard and shall be screened from view by a screen wall. (19-32-305-011)

Ms. Dutz addressed the Board with the request for (2) two existing air-conditioning units located in a front yard, screened with existing evergreen plantings. Ms. Dutz made reference to the site plan from a recently built addition. Ms. Dutz stated the existing location of the (2) two existing air-conditioning units is the best placed based on the units would not interfere with venting or windows. Ms. Dutz indicated the windows in the addition go down to the floor. Ms. Dutz made reference to the photographs and indicated the evergreen screening for the existing (2) two air-conditioning units.

Ms. Seneker made mention of the letter received in support of the variance request from Orchard Valley Hilltop Property Owners Association.

Motion by Mr. Taylor, Seconded by Ms. Seneker in regard to the appeal at 4442 Chamberlain Drive for (2) two 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. Petitioner must obtain a mechanical permit for the additional air-conditioning unit, and a revised site plan must be submitted to the Building Department prior to final inspection.

Motion carried, 7 – 0.

(4) 1340 Long Lake Road West – Kirk in the Hills

Mr. Herb Jensen, Architect, along with Mr. Stu Lathers of Kirk in the Hills, was present seeking approval for the size and location of a sign for Kirk in the Hills, a 30 ft. x 3 ft. high (90 sq. ft.) permanent ground sign centered on a retaining wall, located in a front yard 70 ft. from the front lot line, with 50 sq. ft. allowed, and 255 ft. to the nearest building, Acreage Parcels Section 17. The Code of the Charter Township of Bloomfield, Chapter 42, Section 42-568 states that the maximum size of all sign surfaces permitted for churches within the R-3, Residential, zoned district shall not exceed 40 sq. ft. in area unless the sign is located more than 50 ft. behind the property line, then said sign may be increased by five (5) additional sq. ft. for each additional 10 ft. of setback, but in no event shall such sign exceed 50 sq. ft. in total area, this Code also states that the sign shall be set back from the lot line at least one-third (1/3) of the distance from the lot line to the nearest building. (19-17-251-005; 19-17-251-007; 19-17-276-043; 19-17-301-010)

Mr. Jensen addressed the Board with the request for a 90 square foot ground sign to be located 70-feet from the front lot line. Mr. Jensen indicated the project would also include a re-design of the front entryway into Kirk in the Hills. Mr. Jensen made reference to the proposed site plan and indicated a new driveway to accommodate a vehicle turnaround at the church Sanctuary entrance. Mr. Jensen indicated a retaining wall would be proposed to support the grade for the new vehicle turnaround. Mr. Jensen made reference to the 30-foot x 3-foot high (90 sq. ft.) permanent ground sign to be centered on the proposed retaining wall, located in a front yard 70-feet from the front lot line. Mr. Jensen stated the proposed sign would be readable from the road. Mr. Jensen commented the proposed sign was before the Design Review Board on May 22nd, 2007 and was forwarded on to the Zoning Board of Appeals.

Ms. Seneker made mention of (2) two letters received in opposition from Mr. Alan Schwartz, resident at 4120 Echo Road, and Mr. & Mrs. Bart Sangal, residents at 1370 Kirkway Road.

Motion by Mr. Taylor, Seconded by Ms. Seneker in regard to the appeal at 1340 Long Lake Road for a 90 square foot ground sign located 70-feet from the front lot line, that the variance be approved as requested. Based on the information presented, the applicant did demonstrate to the Board’s satisfaction all of the standards for practical difficulty. Petitioner must obtain all necessary permits.

Motion carried, 7 – 0.

(5) 6510 Telegraph Road – Bloomfield Plaza

Mr. Chuck Kreminski of Schostak Brothers & Company, was present seeking approval to change the face of an existing secondary wall sign for Bloomfield Plaza, an 8’ x 18.5’ permanent wall sign to address several tenants within the mall area, located on the street side facade above the mall entry, Telegraph Road frontage, Acreage Parcel, Section 32. The Code of the Charter Township of Bloomfield, Chapter 42, Section 8 states that non-conformities shall not be enlarged upon, expanded, or extended. The Code of the Charter Township of Bloomfield, Chapter 42, Section 42-568 allows one (1) ground, temporary or wall sign within the B-2, Community Business, zoned district. (19-32-277-041)

Mr. Kreminski addressed the Board to request a face change to an existing secondary wall sign for Bloomfield Plaza. Mr. Kreminski stated the wall sign would address several tenants within the mall area of the plaza that currently do not have frontage along the front façade of Telegraph Road. Mr. Kreminski made reference to the site plan and indicated the proposed wall sign and stated only the top half of the sign would be changed, replacing the "Mall" panel and "The Gallery Restaurant" panel. Mr. Kreminski stated the proposed sign would be replaced with a single, 4’ x 18 ½’ panel reading "The Gallery Restaurant" in large print.

Mr. Kepes questioned the style of the proposed sign.

Mr. Kreminski replied the proposed sign would have raised letters and it would be illuminated from the back of the sign.

Motion by Mr. Aldrich, Seconded by Mr. Taylor in regard to the appeal at 6510 Telegraph Road to change the face of an existing secondary wall sign, that the variance be approved as requested. Based on the information presented, the applicant did demonstrate to the Board’s satisfaction all of the standards for practical difficulty. Petitioner must obtain all necessary permits.

Motion carried, 7 – 0.

(6) 4875 Maple Road West – The Chaldean Catholic Church

Mr. Nevan Karmo of The Chaldean Catholic Church, was present seeking approval for changing the face of an existing non-conforming sign, a 12’ x 3.2’ (38.5 sq. ft.) high permanent ground sign, located on the northerly front lot line, with 20.8 ft. required, West Maple Road frontage, Outlot A, Meadowlake Farms, Section 31. The Code of the Charter Township of Bloomfield, Chapter 42, Section 8 states that non-conformities shall not be enlarged upon, expanded, or extended. The Code of the Charter Township of Bloomfield, Chapter 42, Section 42-568 states that all signs permitted for churches within the R-3, Residential, zoned district shall be setback from the lot line at least one-third (1/3) of the distance from the lot line to the nearest building. (19-31-101-001)

Mr. Karmo addressed the Board with a request for changing the face of an existing permanent ground sign located on the northerly front lot line of West Maple Road frontage. Mr. Karmo stated the property switched owners a year ago and provided the Board with the approval from the association with the current face change. Mr. Karmo stated the Design Review Board meeting of March 15th, 2007, requested the directional signage be modified to a 4’ x 4’ in size and to read "church entrance" by omitting the name of the church, has been addressed.

Ms. Seneker made mention of a letter received in opposition for the variance request from Mr. Robert Fischer, resident at 6605 Halyard Road.

Motion by Mr. Buckley, Seconded by Mr. Taylor in regard to the appeal at 4875 W. Maple Road for changing the face of an existing non-conforming ground sign located on the northerly front lot line, that the variance be approved as requested. Based on the information presented, the applicant did demonstrate to the Board’s satisfaction all of the standards for practical difficulty. Petitioner must obtain a permit.

Motion carried, 7 – 0.

(7) 2535 Amberly Road – C. Moore

Mr. Christopher Moore, homeowner, along with Mr. Lawrence Hornbeck, Architect, was present seeking approval for a 3 ft. encroachment into the required 35 ft. rear yard setback for the construction of a single story addition for the existing non-conforming building, located 32 ft. from the rear lot line, Part of Lots 568 and 569, Judson Bradway’s Bloomfield Village No. 2, Section 27. The Code of the Charter Township of Bloomfield, Chapter 42, Section 8 states that non-conformities shall not be enlarged upon, expanded, or extended. The Code of the Charter Township of Bloomfield, Chapter 42, Section 42-527 requires a minimum of 35 ft. in the rear yard setback. (19-27-427-011)

Mr. Moore addressed the Board with the request for a 3-foot encroachment into the rear yard setback for the construction of a single story addition located 32-feet from the rear lot line. Mr. Moore made reference to the site plan and indicated the proposed addition would include enlarging the kitchen to have an eat-in area, and a mudroom. Mr. Moore made reference to the photographs and indicated the backyard is well screened on all sides, not impacting the adjacent neighbors. Mr. Moore stated the subdivision association has granted approval for the variance request.

Motion by Mr. Henry, Seconded by Ms. Seneker in regard to the appeal at 2535 Amberly Road for a 3-foot encroachment into the required 35-foot rear yard setback for 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 obtain all necessary permits.

Motion carried, 7 – 0.

(8) 328 Wadsworth – K. Kauth

Mr. Vince Kauth, was present on behalf of the homeowners, seeking approval for existing fencing to enclose the entire rear yard, 6 ft. high wood privacy fencing extending from the wall of the building to the side lot lines, and 5 ft. high chain link fencing located along the side and rear lot lines. Also seeking approval for existing invisible fencing, located more than 5 ft. from the wall of the building in front and side yards, less than 16 ft. from the side lot lines, and less than 25 ft. from the rear lot line, Lot 348, Westchester Village, Section 34. The Code of the Charter Township of Bloomfield, Chapter 42, Article IV, Section 42-566 states fences in a residential district shall not exceed 4-feet in height. The Code of the Charter Township of Bloomfield, Chapter 8, Article II, Section 8-27 does not permit a person owning, possessing, or harboring a dog to confine or restrain a dog in the side or front yards and that invisible fencing must be placed within a rear yard, in an area set back at least 16 ft. from the side lot lines and at least 25 ft. from the rear lot line, that where necessary to provide for or insure the proper functioning of the invisible fencing in the rear yard, such fencing also may be placed, installed, or maintained within the side and front yards, at a distance of no more than 5 ft. from the residence, and shall require the review and approval of the Zoning Board of Appeals. (19-34-128-016)

Mr. Kauth addressed the Board with the request for an approval of an existing 6-foot high wood privacy fence extending from the wall of the building to the side lot lines, and a 5-foot high chain link fence located along the side and rear lot lines. Mr. Kauth stated the existing 6-foot high wood fence abuts the adjacent neighbor’s existing fence.

Ms. Kauth presented the Board with a letter from the invisible fence contractor, Pet Stop Fence Systems. Ms. Kauth commented the fence installed contains pets in the rear yard, which is in accordance with Bloomfield Township Code of Ordinances. Ms. Kauth stated the installation of the invisible fence in the front yard was for training purposes only, and is now disabled.

Mr. Jeffery Salz, resident at 3114 E. Bradford, and member of the association, was present and spoke in objection of the 6-foot high fence and the invisible fence located in the front yard. Mr. Salz stated the association allows 4-foot high decorative fences within the subdivision.

Chairman Khederian made mention of two letters received in opposition of the variance requests from Mr. Patrick Callahan, resident at 3169 Pebble Lane, and Mr. Robert Lee, resident at 345 Dalebrook Lane.

Chairman Khederian made mention of the letter date July 10th, 2006, signed by nine neighbors in support of the existing fence being utilized for rear yard dog containment.

Mr. & Mrs. Mark Stebbins, residents at 427 Wadsworth, Ms. Rebecca Wiltgen, resident at 3117 Pebble Lane, Ms. Patricia Trudeau, resident at 343 Wadsworth, Mr. William Ley, resident at 310 Wadsworth Lane, Mr. & Mrs. Michael McFawn, residents at 236 Wadsworth Lane, Mr. Davis Povilus, resident at 346 Wadsworth Lane, and Ms. Anna Shih, resident at 325 Wadsworth Lane.

Ms. Kauth replied attempts have been made with the new president of the subdivision association for the variance requests and no reply has been received.

Mr. Taylor questioned the need for the 6-foot high fence.

Ms. Kauth stated the neighbor next door requested the fence to be 6-foot high to provide a protection barrier from the dogs.

Motion by Mr. Buckley, Seconded by Mr. Aldrich in regard to the appeal at 328 Wadsworth for the invisible fence, less than 16-feet from the side yard setback, and less than 25-feet from the rear lot line, that the variance be approved as requested. Based on the information presented, the applicant did demonstrate to the Board’s satisfaction all of the standards for practical difficulty. Petitioner must obtain permits for the electric fence.

Motion carried, 7 – 0.

The Board discussed the reasoning for the 6-foot high privacy fence.

Motion by Mr. Taylor, Seconded by Mr. Aldrich in regard to the appeal at 328 Wadsworth for a 6-foot high wood privacy fence extending from the wall of the building to the side lot lines be denied and the 6-foot high wood privacy fence be removed immediately upon the approval of the minutes. The 5-foot high chain link fence located along the side and rear lot lines, that the variance be approved and the invisible fence variance be approved for the rear yard location only. Petitioner must obtain a license for each dog, permits for the dog run and invisible/electric fence, and the dogs must be confined according to Township Code.

Motion carried, 6 – 1.

YEAS: Taylor, Aldrich, Buckley, Henry, Seneker, Khederian

NAYS: Kepes

(9) 1254 Cottingham Row – J. Gershenson

Mr. Joel Gershenson, homeowner, was present seeking approval for the installation of existing and proposed accessory structures, a proposed stand-by generator to be screened with existing plantings, located in a front yard 5 ft. from the front lot line and 37 ft. from the wall of the building, Echo Road frontage. Also seeking approval for three existing (3) air-conditioning units screened with existing plantings, located in a front yard immediately adjacent to the residential building, Echo Road frontage, Unit 134, The Hills of Lone Pine, Section 20. The Code of the Charter Township of Bloomfield, Chapter 42, Section 9 states that ground mounted mechanical and electrical equipment, within a One-Family Cluster District, shall be placed in any rear yard when placed immediately adjacent to the residential building. (19-20-226-143)

Mr. Gershenson addressed the Board with a stand-by generator to be located in the front yard, screened with existing plantings and for (3) three existing air-conditioning units located in the front yard screened with existing plantings. Mr. Gershenson made reference to the site plan and indicated the location of the proposed stand-by generator was the best based on the electrical utility is an overhead line on Echo Road. Mr. Gershenson stated during windstorms the limbs fall across the overhead wires along Echo Road disrupting the electrical service to the home. Mr. Gershenson stated prior to the subdivision being developed the home fronted Echo Road, it now currently fronts Cottingham Row giving the property two front yards and leaving the (3) three existing air-conditioning units in the front yard.

Ms. Seneker made mention of the approval letter received for the variance requests from the subdivision association, The Hills of Lone Pine.

Motion by Mr. Henry, Seconded by Mr. Buckley in regard to the appeal at 1254 Cottingham Row for the installation of a front yard stand-by generator located in a front yard 37-feet from the residential building and (3) three existing front yard air-conditioning, 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 comply with Township Noise Code with 70dB(A) at the property line.

Motion carried, 7 – 0.

(10) 2125 Telegraph Road – Drexel Heritage

Mr. Michael Rupert, of AVDH Architects, was present seeking approval for additional signage to the existing 115 sq. ft. wall sign located on the street side façade, a 2’ x 23.5’ (47 sq. ft.) secondary permanent wall sign for Drexel Heritage, located on the rear elevation facing the northeasterly parking area, Acreage Parcel, Section 5. The Code of the Charter Township of Bloomfield, Chapter 42, Section 42-568 allows one (1) ground, temporary or wall sign within the B-2, Community Business, zoned district, and states that the maximum size of the sign shall not exceed six (6) percent of the total area of the street side face, including the area of all fenestration, and in no instance shall the wall sign exceed one hundred fifty (150) square feet in area. (19-05-328-001)

Mr. Rupert addressed the Board with the request for additional signage to the existing 115 square foot wall sign located on the street side façade. Mr. Rupert stated the proposed sign would be a second sign for Drexel Heritage that would visible from the internal shopping center roadway and parking areas. Mr. Rupert made reference to the site plan and indicated the existing sign on the front of the building is 100 square feet in size. Mr. Rupert requested the variance for the additional secondary sign to be a total of 35 square feet to be located on the street side façade.

Motion by Mr. Taylor, Seconded by Mr. Henry in regard to the appeal at 2125 Telegraph Road for a secondary wall sign, per the applicant’s amendment of 35 square feet, allowing the signage to fall within the 150 square feet, 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 complete outstanding landscape plantings within 30 days of approval.

Motion carried, 7 – 0.

(11) 841 Highwood Drive - J. Borgesen

Mr. Joseph Borgesen, homeowner, was present seeking approval for the construction of an accessory structure, a 15.3’ x 15.3’ x 19’ high gazebo screened with existing trees, located in a rear yard on the proposed deck more than 16 ft. from the side and rear property lines on Lot 88, Eastover Farms No. 1, Section 13. The Code of the Charter Township of Bloomfield, Chapter 42, Section 9 states that accessory structures shall not exceed 14 ft. in height, 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. (19-13-201-012)

Mr. Borgesen addressed the Board with the request for the construction of a 15.3’ x 15.3’ x 19’ high gazebo, to be located on the proposed deck of the residence. Mr. Borgesen made reference to the site plan and indicated the proposed deck and gazebo located in the rear yard, screened with existing trees. Mr. Borgesen stated the new construction home project was permitted and started in 2002, which included the deck and gazebo. Mr. Borgesen commented due to landscaping issues and trees dying, the deck and gazebo was postponed in August 2003 to allow for access to the rear yard for both hydro seeding and equipment for tree removal. Mr. Borgesen stated Mr. Jim Wright, Building Inspector for Bloomfield Township, contacted him and indicated the deck and gazebo was omitted from the original building permit in 2003. Mr. Borgesen stated a new building permit was obtained for the deck on May 18th, 2007 and at that time the accessory structure, gazebo was placed on the Zoning Board of Appeals meeting for the height of the structure.

Motion by Mr. Aldrich, Seconded by Mr. Buckley in regard to the appeal at 841 Highwood Drive for the construction of a gazebo, that the request be approved as submitted, and the variance for the construction of a 19-foot high gazebo be granted. Based on the information presented, the applicant did demonstrate compliance with Section 42-55 Standards, and did demonstrate all of the standards for practical difficulty. Petitioner must obtain all necessary permits.

Motion carried, 7 – 0.

(12) 830 Highwood Drive – P. DeSmet

Mr. Pierre De Smet, homeowner, was present seeking approval for the construction of accessory structures, two 2’ x 8’ x 6’ high entrance piers with fencing screened with existing trees, located in a front yard at each side of the driveway entrance approximately 1.5 ft. from the front lot line and 24 ft. to the easterly side lot line, Highwood Drive frontage, Lot 116, Eastover Farms No. 1, Section 13. The Code of the Charter Township of Bloomfield, Chapter 42, Section 9 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. The Code of the Charter Township of Bloomfield, Chapter 42, Section 42-566 states that fencing in a residential district must be located in a side or rear yard and shall not exceed 4 ft. in height. (19-13-128-001)

Mr. De Smet addressed the Board with the request to construct two (2) 2’ x 8’ x 6’ high entrance piers with fencing screened with existing evergreens to be located in the front yard at each side of the driveway entrance. Mr. De Smet made reference to the photographs and indicated the proposed location of the entrance piers. Mr. De Smet stated the proposed entrance piers would allow for adequate identification for the residence, given the house number would be on the proposed piers. Mr. De Smet commented the proposed entrance piers would be of wood material and painted white in color to match the existing residence. Mr. De Smet made mention of two (2) letters submitted in support of the variance request from Ms. Dorothy Cauley, resident at 740 Highwood Drive, and Mr. Thomas Swoboda, resident at 840 Highwood.

Mr. Daniel Moore, President of the Eastover Farms #1 subdivision association, and resident at 922 Eastover Drive, was present and spoke in objection of the variance request.

Motion by Mr. Henry, Seconded by Mr. Kepes in regard to the appeal at 830 Highwood Drive for the construction of entrance piers, that the request be approved as submitted, and the variance for the construction of entrance piers with fencing located in a front yard be granted. Based on the information presented, the applicant did demonstrate compliance with Section 42-55 Standards, and did demonstrate all of the standards for practical difficulty. Petitioner must obtain all necessary permits.

Motion carried, 7 – 0.

(13) 650 South Hills Road – M. Shkreli

Mr. Mark Shkreli, homeowner, was present seeking approval for the installation of an accessory structure, a 3.7’ x 6.7’ high fountain, located in a front yard more than 100 ft. from the front and side lot lines on Part of Lots 17 and 18, Brookside Hills Subdivision, Section 16. The Code of the Charter Township of Bloomfield, Chapter 42, Section 9 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 of the Zoning Board of Appeals. (19-16-204-007)

Mr. Shkreli addressed the Board with the request for a 3.7’ x 6.7’ high fountain to be located in the front yard. Mr. Shkreli stated Brookside Hills subdivision association submitted approval comments for the fountain on May 14th, 2007 to the Planning Department.

Ms. Joan Page, resident at 3785 Brookside Drive, was present and spoke in support of the variance request.

Mr. Kepes questioned the height of the fountain.

Mr. Shkreli replied the fountain would be 6.7-feet high.

Motion by Mr. Taylor, Seconded by Mr. Aldrich in regard to the appeal at 650 South Hills Road for the installation of a fountain, that the request be approved as submitted, and the variance for the installation of a fountain located in a front yard be granted. Based on the information presented, the applicant did demonstrate compliance with Section 42-55 Standards, and did demonstrate all of the standards for practical difficulty. Petitioner must obtain all necessary permits.

Motion carried, 6 – 1.

YEAS: Taylor, Aldrich, Buckley, Henry, Seneker, Khederian

NAYS: Kepes

(14) 7297 Kingswood Drive – G. Belian

Dr. Garabed Belian, homeowner, was present seeking approval to expand an existing accessory structure, a 3.3 ft. to 4.8 ft. high retaining wall screened with existing and proposed plantings, located in a rear yard within the required 16 ft. northerly side yard setback on Lot 64, Franklin Woods Manor No. 2, Section 31. The Code of the Charter Township of Bloomfield, Chapter 42, Section 8 states that non-conformities shall not be enlarged upon, expanded, or extended. The Code of the Charter Township of Bloomfield, Chapter 42, Section 9 states that accessory structures shall not be located closer than sixteen (16) ft. to any side 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. (19-31-451-008)

Dr. Belian addressed the Board with a request to expand an existing retaining wall, located in a rear yard, to be screened with proposed plantings. Dr. Belian made reference to the photographs and stated the existing retaining wall has protected the soil from washing away from under the existing deck. Dr. Belian made reference to the crack in the existing retaining wall and commented the only work to be performed would be to reinforce and repair the weak areas to give stability to the existing wall. Dr. Belian stated no intentions are requested to raise the height or change the location of the present structure/retaining wall. Dr. Belian stated the retaining wall has been there since 1966.

Ms. Maria Korcek, resident at 4778 Crestview Court, was present and spoke in support of the variance request.

Mr. Murray Jones, resident at 7285 Kingswood Drive, was present and spoke in opposition of the variance request. Mr. Jones made reference to the property survey and stated the on going discrepancy with the encroachment of the retaining wall being on his property.

Chairman Khederian made mention of the comments received from the Franklin Woods subdivision association for the variance request.

Mr. Henry asked would the petitioner be willing to address the neighbors concern.

Mr. Belian, son of Dr. Belian replied the property was surveyed and the retaining wall was encroaching onto the property of 7285 Kingswood Drive. Mr. Belian commented the encroachment was adjusted as the surveyor recommended and the retaining wall was relocated.

Mr. Kepes made comment to the one signature received from the President of Franklin Woods association on the site plan. Mr. Kepes indicated normally another member of the association or the adjacent neighbors to the petitioner’s property would also sign off on the site plan.

Motion by Mr. Kepes, Seconded by Mr. Taylor in regard to the appeal at 7297 Kingswood Drive for the request to expand an existing retaining wall within the required side yard setback, that the request be tabled to August 14th, 2007 meeting to allow the petitioner to seek the neighbor at 7285 Kingswood Drive comments and come to an agreement for the variance request and the encroachment issue.

Motion carried, 6 – 1.

YEAS: Kepes, Taylor, Buckley, Aldrich, Taylor, Seneker

NAYS: Khederian

(15) 4233 Willoway Estates Court – J. Bonsall

Mr. Bill Whetstone of Greater Detroit Landscape Company, was present seeking approval for the construction of an accessory structure, a 3 ft. high stone wall with three 3.3’ high piers having two 1.7’ tall lamps, with an overall height of 5 ft., screened with proposed plantings, located in a front yard 11 ft. from the front lot line, 25 ft. from the southerly side lot line, and 20 ft. from the northerly side lot line, Part of Lot 34 and all of Lot 35, Willoway Estates Subdivision, Section 16. The Code of the Charter Township of Bloomfield, Chapter 42, Section 9 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. (19-16-376-015)

Mr. Whetstone addressed the Board with the request for the construction of a 3-foot high stone wall with (3) three 3.3’ high piers having (2) two 1.7’ tall lamps, to be screened with proposed plantings, located in a front yard. Mr. Whetstone stated the fieldstone garden wall would be utilized to hide the parking area in front of the home. Mr. Whetstone commented the stone wall would be softened with a large bed of groundcover around the proposed wall and one pear tree that will cascade over the wall.

Ms. Linda Wilds, resident at 4215 N. Willoway Estates, was present and spoke in support of the variance request.

Chairman Khederian made mention of the comments provided from the Willoway Subdivision Association for the variance request.

Mr. Taylor questioned the time frame of completion of the proposed wall.

Mr. Whetstone replied the stone wall would be completed within 90 days.

Motion by Mr. Taylor, Seconded by Mr. Aldrich in regard to the appeal at 4233 Willoway Estates Court North for the construction of a stone wall with piers, that the request be approved as submitted, and the variance for the construction of a stone wall with piers in a front yard be granted. Based on the information presented, the applicant did demonstrate compliance with Section 42-55 Standards, and did demonstrate all of the standards for practical difficulty. The stone wall with piers are to be completed 90 days from today. Petitioner must submit a revised site plan upon submitting final grade certification.

Motion carried, 7 – 0.

(16) 1797 Schoenith Lane – M. Kunzman

Mr. Michael Kunzman, homeowner, was present seeking approval for the construction of an accessory structure, a 29’ x 38.5’ x 14’ high cabana with covered and cantilevered porches, a trellis and fireplace, including electrical and plumbing, screened with existing, relocated and proposed plantings, located in a rear yard 131.5 ft. from the southerly side lot line and 28.5 ft. from the rear lot line, Lot 24, Lone Pine Crest No. 1, Section 19. The Code of the Charter Township of Bloomfield, Chapter 42, Section 9 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. (19-19-326-014)

Mr. Kunzman addressed the Board with the request for construction of a pool house adjacent to the existing swimming pool and pool terrace. Mr. Kunzman made reference to the photographs and indicated the mature trees and other proposed landscaping that would help screen the proposed cabana. Mr. Kunzman stated the cabana would have basic electrical and plumbing.

Mr. Henry questioned would the proposed cabana serve as a separate living space.

Mr. Kunzman replied the proposed cabana would not serve as a separate living space.

Ms. Elisa Falick, resident at 5190 Provincial Place, was present and spoke with concerns of the potential mud issue that was previously caused from construction in 1995. Ms. Falick stated the construction caused the mud from the site to wash down onto her property and into her swimming pool.

Mr. Kunzman replied a swale and berm have been created to direct the runoff away from the adjacent neighbor’s property line. Mr. Kunzman stated the proposed cabana construction would not create runoff onto the neighbor’s property. Mr. Kunzman commented the construction for the proposed cabana would be scheduled to start at the end of the fall season.

Mr. Kepes questioned would the Building Department review the construction drawings for potential drainage issues.

Ms. Patti McCullough, Planning and Building Director, replied during the plan review process, in the Building Department, the construction drawings would be reviewed for drainage issues onto adjacent properties. Ms. McCullough stated the Zoning Board minutes are attached to flag the properties with potential issues and/or concerns.

Motion by Mr. Henry, Seconded by Mr. Taylor in regard to the appeal at 1797 Schoenith Lane for the construction of a cabana with covered cantilevered porches, a trellis, and fireplace, that the request be approved as submitted based on the information presented, the applicant did demonstrate compliance with Section 42-55 Standards. The petitioner must obtain approval from the Building Department, which would include plan review for the potential drainage issue onto 5190 Provincial Place. Petitioner must obtain all necessary permits and provide a Single Family Affidavit.

Motion carried, 7 – 0.

(17) 3525 Brookside Drive – B. Barber

Mr. Barry Barber, homeowner, was present seeking approval for the construction of accessory structures, a 3.5’ x ’ x 6.5’ x 3’ high built-in grill screened with proposed plantings, located in a rear yard 12 ft. from the residential building and 45 ft. from the westerly side lot line. Also seeking approval for the creation of a beach within the natural feature area, Acreage Parcel, Section 9. The Code of the Charter Township of Bloomfield, Chapter 42, Section 42-559 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. The Code of the Charter Township of Bloomfield, Chapter 42, Section 42-573 requires a 25 ft. setback from the boundary or edge of a wetland. (19-09-400-018)

Mr. Barber addressed the Board with the request for the creation of a beach within the natural feature area. Mr. Barber made reference to the photographs and indicated the created beach area is 25-feet wide and 15-feet deep from the waters edge bordered by small boulders. Mr. Barber made mention of the comments received from Brookside Drive Benevolent Association Building Committee for the variance request. Mr. Barber stated Michigan Department of Environmental Quality did not require a wetland permit.

Mr. Michael Southgate of English Gardens addressed the Board with the request for the construction of a built-in barbeque grill to be screened with proposed plantings. Mr. Southgate made reference to the site plan and indicated the proposed location for the built-in grill. Mr. Southgate stated the proposed grill would be constructed from Roman block, a tumbled stackable garden wall. Mr. Southgate stated the built-in grill would be 3-feet tall by 3.5-feet wide and 6.5-feet long with a granite counter top.

Motion by Mr. Buckley, Seconded by Ms. Seneker in regard to the appeal at 3525 Brookside Drive for the construction of a built-in grill, that the request be approved as submitted based on the information presented, the applicant did demonstrate compliance with Section 42-55 Standards. Petitioner must obtain all necessary permits.

Motion carried, 7 – 0.

Motion by Mr. Buckley, Seconded by Mr. Taylor in regard to the appeal at 3525 Brookside Drive for the creation of a beach within the natural feature area, that the variance be approved as requested. Based on the information presented, the applicant did demonstrate to the Board’s satisfaction all of the standards for practical difficulty. Petitioner must remove any material that went into the lake by hand, and pull it back onto the upland as restoration of the lake, and must obtain all necessary permits.

Motion carried, 7 – 0.

(18) 4604 Hedgewood, 5889 Pentland Road, 5517 Priory Lane, 5515 Pebbleshire - Balmoral Orchards

Mr. James Hoen, resident at 4635 Hedgewood, and President of Balmoral Orchards Homeowners Association, was present seeking approval to replace entranceway structures with letters identifying Balmoral Orchards, four (4) separate 10’ x 2’ x 4’ high stone walls, which will be screened with proposed plantings, one structure to be located as follows:

The Code of the Charter Township of Bloomfield, Chapter 42, Section 42-569 requires any subdivision entranceway structure, which includes letters or graphics, to be reviewed by the Zoning Board of Appeals. (19-30-253-007, 19-30-252-008, 19-30-203-001, 19-30-204-001)

Mr. Hoen addressed the Board with the request to install (4) four separate subdivision entranceway signs. Mr. Hoen made reference to the proposed locations of the (4) four separate signs that would include the construction of (1) one stone wall with bordering plants at each subdivision entrance. Mr. Hoen stated each wall would be constructed of limestone with "Balmoral Orchards" carved and inlaid into the sign, which would be maintenance free. Mr. Hoen commented the signs were approved at the Design Review Board meeting held in June, which was forwarded on to the Zoning Board of Appeals.

Mr. John Dueweke, resident at 5889 Pentland, was present and spoke in support of the variance request.

Motion by Ms. Seneker, Seconded by Mr. Aldrich in regard to the appeal at 4604 Hedgewood, 5889 Pentland Road, 5517 Priory Lane, and 5515 Pebbleshire Road to replace (4) four entranceway structures/signs, that the variance be approved as submitted based on the information presented, the applicant did demonstrate compliance with Section 42-55 Standards. Petitioner must obtain all necessary permits.

Motion carried, 7 – 0.

(19) 125 Berkshire Drive North – T. Wethy

Ms. Lyn Wethy, homeowner, was present seeking approval for the construction of an accessory structure, a 14’ x 22’ x 11’ high storage shed without utilities screened with existing and proposed plantings, located in the southeasterly rear yard 16 ft. from side and rear lot lines, Lot 45, Bloomfield Highlands, Section 4. The Code of the Charter Township of Bloomfield, Chapter 42, Section 9 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. (19-04-404-002)

Ms. Wethy addressed the Board with the request for the construction of a storage shed to be located in the rear yard. Ms. Wethy made reference to the site plan and indicated the proposed location for the storage shed. Ms. Wethy commented the existing shed was recently demolished due to it being dilapidated. Ms. Wethy provided photographs of the proposed storage shed and indicated the landscaping that would be installed to help screen it from view.

Ms. Seneker questioned the exterior material of the proposed storage shed.

Ms. Wethy replied the exterior material of the storage shed would be wood.

Motion by Mr. Aldrich, Seconded by Mr. Buckley in regard to the appeal at 125 Berkshire Drive North for the construction of a shed, that the request be approved as submitted based on the information presented, the applicant did demonstrate compliance with Section 42-55 Standards. Petitioner must obtain all necessary permits.

Motion carried, 7 – 0.

(20) 4248 Orchard Hill Drive West – F. Grimm

Mr. Fred Grimm, homeowner, was present seeking approval for the installation of an accessory structure, a 7.6’ x 8.3’ x 5.3’ high hot tub screened with existing and proposed trees, located on the proposed deck in a rear yard 62 ft. from the northerly side lot line and 30 ft. from the rear lot line, Lot 124, Hickory Heights No. 1, Section 13. The Code of the Charter Township of Bloomfield, Chapter 42, Section 9 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. (19-13-401-014)

Mr. Grimm addressed the Board with the request for the installation of a hot tub screened with existing and proposed trees, located on the proposed deck in a rear yard. Mr. Grimm made reference to the site plan and indicated the proposed deck would be an extension off of the current deck. Mr. Grimm stated the proposed deck would be an additional 557 square feet extending off of the north side of the deck. Mr. Grimm indicated the proposed hot tub would be located at the northeast corner of the new deck.

Mr. Grimm stated the proposed deck and hot tub would not be visible from the street or neighbors from the west or south sides of the property given the dense trees and pines are screening the view.

Motion by Mr. Taylor, Seconded by Ms. Seneker in regard to the appeal at 4248 Orchard Hill Drive West for the installation of a hot tub, that the request be approved as submitted based on the information presented, the applicant did demonstrate compliance with Section 42-55 Standards. Petitioner must obtain all necessary permits.

Motion carried, 7 – 0.

Mr. Kepes recused himself from the next item by indicating his affiliation with the property.

(21) 2050 Telegraph Road – LA Fitness

Mr. Carl Rose, property owner, was present seeking approval for the following variances to allow the construction of a new health/fitness facility at the previous site of Franks Nursery, Acreage Parcel, Section 5:

The Code of the Charter Township of Bloomfield, Chapter 42, Article I, Section 42-3 allows a 3 ft. high parapet with a maximum building height of 32 ft. within the B-3, General Business District. The Code of the Charter Township of Bloomfield, Chapter 42, Article IV, Section 42-559 states that accessory structures 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. The Code of the Charter Township of Bloomfield, Chapter 42, Article III, Section 42-527 requires a 6 ft. obscuring wall or a 20 ft. greenbelt on those sides of the property abutting land zoned for residential use. (19-05-351-018)

Mr. Rose addressed the Board with a 3-part variance request for the construction of a new health fitness facility. Mr. Rose indicated the Planning Commission approved the proposal on June 18th, 2007, which was forwarded onto the Zoning Board of Appeals. Mr. Rose made reference to the proposed site plan for LA Fitness Facility that would replace the previous Frank’s Nursery building. Mr. Rose indicated the first variance request would be required for only the rear portion of the building that will occupy the space within the allowable 3-foot tall parapet. Mr. Rose made reference to the proposed site plan and indicated the building would be 32-feet tall with a 3-foot parapet, complying with the ordinances, but the portion of the rear of the building behind the parapet would be occupied. Mr. Rose indicated the proposed mechanical units located at the front of the building screened with a parapet. Mr. Rose stated the 3-foot tall parapet area would be utilized for the purpose of a 2nd floor basketball and racquetball courts, located at the rear portion of the building. Mr. Rose made reference to the proposed site plan and indicated the second variance request the proposed 6-foot high dumpster enclosure, to be located at the southwest corner of the property. Mr. Rose referred to the photographs and noted the proposed location of the 6-foot high dumpster enclosure would be efficient, due to its location adjacent to the loading area at the rear of the building. Mr. Rose made reference to the dense landscaping and indicated the dumpster would not be visible from adjacent properties. Mr. Rose addressed the last variance request for a 10-foot greenbelt abutting an RM, Multiple Family Residential District, with 20-feet required, along a portion of the southerly property line that abuts the Bloomfield Place Apartments. Mr. Rose requested from the Board that the variance request for the 6-foot high fence be removed.

Mr. Henry questioned is LA Fitness a franchise.

Mr. Rose replied one individual owns LA Fitness it is not a franchise.

Mr. Gary Collins of LA Fitness was present and indicated the facility is privately owned corporation with over 200 clubs nation wide.

Ms. Carol Powers representative of Bloomfield Place Apartments was present and addressed the concerns of the residents. Ms. Powers made reference to the proposed 6-foot high dumpster enclosure and asked the Board to relocate the dumpster as far north on site as possible. Ms. Powers stated the residents find the proposed dumpster location objectionable to the noise. Ms. Powers stated the commercial dumpster use and pick-up is different from the residential use and pick-up.

Chairman Khederian commented the proposed location of the dumpster enclosure location is within the same area of the existing dumpsters for Bloomfield Place Apartments.

Mr. Taylor questioned the number of existing dumpsters within the southwest corner of Bloomfield Place Apartments.

Ms. Powers replied possibly (2) two dumpsters are within the southwest area of Bloomfield Place Apartments. Ms. Powers commented given this is a residential district, there are restrictions set by Bloomfield Place Apartments as to the time for dumpster pick-ups.

Ms. Seneker commented to the Board the proposed dumpster enclosure would make sense to have it located within the similar location of the other dumpers. Ms. Seneker stated given the dense foliage around the dumpster enclosure, and the possibility of the same garbage company picking-up the dumpsters at the same time for LA Fitness and Bloomfield Place Apartments at an appropriate time would not be disruptive.

Mr. Rose replied the dumpster would be emptied once a week. Mr. Rose commented the only trash would be paper products.

Mr. Henry questioned would LA fitness have a laundry facility.

Mr. Rose replied there would not be a laundry facility within LA Fitness.

Motion by Ms. Seneker, Seconded by Mr. Henry in regard to the appeal at 2050 Telegraph Road for the construction of a dumpster enclosure, that the request be approved as submitted, and the variance to occupy the allowable 3-foot tall parapet area for the proposed 2nd floor basketball and racquetball courts, a 10-foot greenbelt in lieu of a 6-foot high wall or 20-foot greenbelt, and encroachments into the side and rear yard setbacks for the location of a 6-foot high dumpster enclosure be granted, based on the information presented, the applicant did demonstrate compliance with Section 42-55 Standards, and did demonstrate all of the standards for practical difficulty. Ms. Seneker stated that the request for the 6-foot high fencing was removed at the petitioner’s request. Petitioner must obtain all necessary permits.

Motion carried, 6 – 0 - 1.

YEAS: Seneker, Henry, Aldrich, Buckley, Taylor, Khederian

NAYS: None

ABSTAINED: Kepes

Mr. Kepes addressed the Board and apologized for being late and asked for the June 12th, 2007 minutes to be revised to reflect his comments.

Motion by Mr. Aldrich, Seconded by Ms. Seneker to allow Mr. Kepes to address his comments and revise the record for the June 12th, 2007 minutes.

Motion carried, 7 – 0.

Mr. Kepes made reference to item #12 Coventry II DDR Harbor. Mr. Kepes referenced the minutes regarding the Design Review Board and the Planning Commission meetings were provided in the Board members packets.

Ms. McCullough confirmed that after review of the Board member packets the Design Review Board and the Planning Commission minutes were not included in the Zoning Board member’s packet as stated on June 12thth, 2007 minutes.

Mr. Kepes also made reference to the parking setbacks and stated that 10% were on-site parking and 90% was deck parking and commented that he was uncertain whether to take action until the plans had been approved by the Planning Commission.

Mr. Kepes addressed his overall concerns were based on not having the minutes from the Planning Commission and the Design Review Board meetings and the magnitude of the project and the amount of the variances, he thought it would be appropriate to allow for more time to study the project as a whole.

Ms. McCullough commented on the request to revise the approved minutes. She stated that comments and amendments are recorded during the course of the meeting. Ms. McCullough indicated that minutes are a summation of the meetings and, as directed by the Township Attorney, the record is to reflect the general comment and not to be verbatim. Ms. McCullough further commented that the minutes are more detailed now than they should be. She suggested to the Board when making a motion to approve or deny a variance request to ask any Board member to include their comments after the motion is made and before a vote has been taken.

Motion by Mr. Buckley, Seconded by Mr. Aldrich to accept the revised comments as stated by Mr. Kepes to the record for the minutes of June 12th, 2007 meeting.

Motion carried, 7 – 0.

IV. GENERAL BUSINESS

Next Board Meeting – August 14th, 2007

ADJOURNMENT

Respectfully submitted,

Patricia McCullough, Director

Planning and Building Department

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