Zoning Board of Appeals Minutes
CHARTER TOWNSHIP OF BLOOMFIELD
ZONING BOARD OF APPEALS AGENDA
Tuesday, August 14th, 2007 – 7:00 P.M.
Bloomfield Township Hall
Welcome to the Bloomfield Township Zoning Board of Appeals
meeting of August 14th, 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 Code of
the Charter Township of Bloomfield for questions arising under
the Zoning Provisions of the Township. 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 Code of the Charter Township of Bloomfield, 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.
I. ATTENDANCE:
PRESENT: James Aldrich, David Buckley, Jane Reisinger,
Carol Rosati, Robert Taylor, and Chairman Corinne Khederian.
ABSENT: Brian Henry, Brian Kepes, Lisa Seneker
Chairman Khederian addressed the audience and indicated
item (2T) 7297 Kingswood Drive, was removed at the
petitioner’s request. Chairman Khederian made mention of
property 4476 W. Maple and indicated this item would be placed
on a future agenda.
II. APPROVAL OF MINUTES
a. Approval of the Zoning
Board of Appeals Minutes of July 10th, 2007
Motion by Mr. Taylor, Seconded by Mr. Buckley to approve
the Zoning Board of Appeals minutes of July 10th, 2007, as
written.
Motion carried, 6 – 0.
III. APPEALS
Tabled Items
(1T) 821 Highwood Drive – M. Nasrollahzadeh
Mr. Narollahzadeh, homeowner, was present seeking approval
for the construction of a proposed 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, Article IV,
Section 42-559 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. (19-13-126-005)
Mr. Nasrollahzadeh addressed the Board with a request for a
proposed pergola to be located on a proposed terrace in the
front yard of Rayburn Road frontage. Mr. Nasrollahzadeh
made reference to the drawing and asked the Board for an
amendment to the height of the proposed pergola to be 14-feet
high instead of 17.9-feet high as originally requested.
Motion by Mr. Taylor, Seconded by Mr. Aldrich in regard to
the appeal at 821 Highwood Drive for the construction of a
pergola as amended, that the request be approved as submitted,
and the variance for the front yard location 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 – 0.
(2T) Item removed at the request of the petitioner.
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, Article IV,
Section 42-558 states that non-conformities shall not be
enlarged upon, expanded, or extended. 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 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. 7297 Kingswood Drive
(19-31-451-008)
New Items
(1) 6336 Thurber Road – M. Schlegel
Mr. Matthew Schlegel, homeowner, was present seeking
approval for a 4 ft. encroachment into the required 16 ft.
side yard setback for the installation of a proposed
air-conditioning unit screened with proposed plantings,
located 12 ft. from the southerly side lot line on Lots 210
and 211, Wing Lake Shore, Section 29. The Code of the
Charter Township of Bloomfield, Chapter 42, Article IV,
Section 42-559 states that ground mounted mechanical and
electrical equipment shall not be located in the required 16
ft. side yard setback and shall be screened from adjacent
residences with evergreen and deciduous material, which will
obscure view twelve (12) months of the year.
(19-29-381-006)
Mr. Schlegel addressed the Board with the request for a
4-foot encroachment into the side yard setback for the
installation of a proposed air-conditioning unit screened with
proposed plantings. Mr. Schlegel made reference to the
proposed location and indicated the proposed air-conditioning
unit would be placed 12-feet from the southerly lot line and
4-feet from the side yard setback, screened with proposed
plantings.
Ms. Reisinger made mention of the letter received signed by
the neighbors and the comments from the subdivision
association.
Motion by Mr. Aldrich, Seconded by Mr. Buckley in regard to
the appeal at 6336 Thurber Road for a 4-foot encroachment into
the required 16-foot side yard setback for the installation of
an air-conditioning unit, 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
provide revised site plans to the Building Department for the
pool and air-conditioning unit location within five (5)
business days.
Motion carried, 6 – 0.
(2) 334 Glenhurst Drive North – Glenhurst Homes, LLC
Mr. Lewis Lockwood of Glenhurst Homes, LLC, was present
seeking approval for a 1.7 ft. encroachment into the required
16 ft. side yard setback for existing accessory structures,
two air-conditioning units screened from view with existing
evergreen plantings, located in a side yard 14.3 ft. from the
southerly side lot line, Lot 737 and Part of Lot 738, Judson
Bradway’s Bloomfield Village No. 3, Section 26. The Code
of the Charter Township of Bloomfield, Chapter 42, Article IV,
Section 42-559, states that ground-mounted mechanical or
electrical equipment shall not be located in the required 16
ft. side yard setback. (19-26-378-005)
Mr. Lockwood addressed the Board with a 1.7-foot
encroachment into the side yard setback for two (2) existing
air-conditioning units screened from view with evergreen
plantings. Mr. Lockwood made reference to the site plan
and indicated the notch in the building foundation, which
would be the location of the two (2) air-conditioning units.
Mr. Lockwood stated after the final as-built survey was
completed it was determined that the two (2) air-conditioners
would still encroach into the side yard setback by 1.7-feet.
Mr. Lockwood made reference to the design of the home, which
includes a rear entry garage with driveway, a patio to service
the back french doors, and a full height bow window. Mr.
Lockwood made reference to the photographs and stated the two
(2) existing air-conditioning units are currently screened
with eight (8) 3’6” high arborvitaes.
Ms. Reisinger made mention of the comments received from
Judson Bradway’s Bloomfield Village for the variance request.
Motion by Ms. Rosati, Seconded by Mr. Taylor in regard to
the appeal at 334 Glenhurst Drive North for a 1.7-foot
encroachment into the required 16-foot side yard setback for
two (2) existing air-conditioning units that the request 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 with five (5)
business days and a site plan prior to final inspection.
Motion carried, 6 – 0.
(3) 5192 Iron Gate Road – H. York
Mr. Philip Kurzyniec of KSJ Construction along with Mr.
Hayward York, homeowner, were present seeking approval for a
19.6 ft. encroachment into the required 40 ft. front yard
setback for the construction of a proposed single story
addition to the existing non-conforming building, located 20.4
ft. from the front lot line, Kensington Road frontage, Lot 83,
Nantucket Green, Section 24. The Code of the Charter
Township of Bloomfield, Chapter 42, Article IV, Section 42-558
states that non-conformities shall not be enlarged upon
expanded or extended. The Code of the Charter Township
of Bloomfield, Chapter 42, Article III, Section 42-527,
requires a minimum of 40 ft. in the front yard setback.
(19-24-402-012)
Mr. Kurzyniec addressed the Board with the request for a
19.6-foot encroachment into the front yard setback for the
construction of a proposed single story addition to the
existing residence. Mr. Kurzyniec stated the use for the
addition would be for storage of lawn equipment and the
proposed material for the addition would match the existing
residence.
Ms. Reisinger made mention of the comments received from
the subdivision association for the variance request.
Mr. York, homeowner, was present and stated he had six (6)
signatures of approval from the neighbors within 300-feet of
the residence.
Motion by Mr. Buckley, Seconded by Ms. Rosati in regard to
the appeal at 5192 Iron Gate Road for a 19.6-foot encroachment
into the required 40-foot front yard setback for the
construction of an addition to the existing non-conforming
building, that the variance be approved as requested.
Based on the information presented, the applicant did
demonstrate to the Board’s satisfaction all of the standards
for practical difficulty. Petitioner must obtain all
necessary permits.
Motion carried, 6 – 0.
(4) 6250 Worlington Road – F. Khaja
Mr. Brian Halprin of Brain J. Halprin Architect, LLC, was
present on behalf of the homeowners seeking approval for a 5
ft. encroachment into the required 40 ft. front yard setback
for the construction of a proposed single-story porch
addition, located 35 ft. from the front lot line. Also
seeking approval for a 9 ft. encroachment into the required 16
ft. side yard setback to reconstruct the single-story attached
garage to the existing non-conforming home, located 7 ft. from
the southerly side lot line. Part of Lot 84 and all of
Lots 85 and 86, Wing Lake Shores, Section 29. The Code
of the Charter Township of Bloomfield, Chapter 42, Article IV,
Section 42-558, states that non-conformities shall not be
enlarged upon, expanded, or extended. The Code of the
Charter Township of Bloomfield, Chapter 42, Article III,
Section 42-527 requires a minimum of 40 ft. in the front yard
setback and a minimum of 16 ft. in the side yard setback.
(19-29-451-008)
Mr. Halprin addressed the Board with a request for a 5-foot
encroachment into the front yard setback for the construction
of a proposed single-story porch addition. Mr. Halprin
also addressed a 9-foot encroachment into the side yard
setback to reconstruct the single-story attached garage to the
existing non-conforming home. Mr. Halprin made reference
to the proposed drawings and site plan and indicated the
request would be to rebuild the existing garage at the
existing foundations with a storage truss above accessed by
permanent steps in the garage. Mr. Halprin stated the
proposed addition would allow for a new mudroom, kitchen and
family room, dining and living room and a new front covered
porch. Mr. Halprin presented the Board with the comments
from the subdivision association and four (4) adjacent
neighbors approving of the variances. Mr. Halprin indicated
Mr. Paul Reason, resident at 6266 Worlington Road, Ms. Barbara
Woolf, resident at 6236 Worlington Road, Mr. Daniel Edwards,
resident at 6265 Worlington Road, and Ms. Ann McGovern,
resident at 6245 Worlington Road signed and approved the
proposed building elevations.
Motion by Mr. Aldrich, Seconded by Mr. Buckley in regards
to the appeal at 6250 Worlington Road for a 5-foot
encroachment into the front yard setback and a 9-foot
encroachment into the side yard setback for the construction
of an addition for the existing non-conforming home, 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, 6 – 0.
(5) 1539 Bartley Lane – R. Doshi
Mr. Rajesh Doshi, homeowner, was present seeking approval
for a 19 ft. encroachment into the required 35 ft. rear yard
setback for the construction of a proposed deck to the
existing non-conforming building, located 16 ft. from the rear
lot line and 18 ft. from the northerly side lot line, Unit 12,
English Meadows of Bloomfield, Section 2. The Code of
the Charter Township of Bloomfield, Chapter 42, Article IV,
Section 42-558, states that non-conformities shall not be
enlarged upon, expanded, or extended. The Code of the
Charter Township of Bloomfield, Chapter 42, Article III,
Section 42-527, requires a minimum of 35 ft. in the rear yard
set back. (19-02-102-031)
Mr. Doshi addressed the Board with the request for a
12-foot encroachment into the rear yard setback for the
construction of a proposed deck. Mr. Doshi asked the
Board for an amendment to the variance request from 19-feet to
12-feet encroachment into the rear yard setback.
Ms. Patti McCullough, Director of Planning and Building,
stated the amendment as shown was found upon review of the
as-built plan submitted for the construction of the new home
did comply with the 35-foot rear yard setback. Ms.
McCullough stated the dimension offered by the petitioner for
the variance request was incorrect. Ms. McCullough made
reference to the amended site plan and indicated to the Board
the petitioner is seeking approval for a 12-foot encroachment
into the 35-foot rear yard setback for the construction of a
proposed deck to be located 23-feet from the rear lot line.
Ms. McCullough stated the encroachment requested is less than
what was noticed.
Ms. Reisinger made mention of the comments received from
the subdivision association.
Mr. Vabilisettis Murty, homeowner at 1542 Threadneedle, was
present and spoke in opposition of the variance request.
Mr. Buckley suggested installing a landscape buffer between
the lot lines to help with screening the deck from view of the
adjacent neighbors.
Ms. Reisinger suggested to the Board to table the variance
request until a landscape plan for the rear yard has been
provided and reviewed.
Mr. Taylor made reference to the aerial photograph provided
and indicated the residence at 1542 Threadneedle with a deck
appears to be closer to the lot line than what is being
proposed for 1539 Bartley Lane.
Motion by Mr. Taylor, Seconded by Mr. Aldrich in regards to
the appeal at 1539 Bartley Lane for a 12-foot encroachment as
amended into the required 35-foot rear yard setback for a deck
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, 4 – 2.
YEAS: Taylor, Aldrich, Reisinger, Khederian
NAYS: Buckley, Rosati
(6) 3749 Darlington Road South – M. Pulte
Mr. James Hedemark, construction manager, along with Ms.
Julie Pulte, homeowner, were present seeking approval for the
construction of a proposed accessory use/structure, an
in-ground pool, screened with existing trees and proposed
plantings, located in a rear yard 20 ft. from the wall of the
building, 3.3 ft. from the rear lot line and more than 16 ft.
from the side lot lines, Lot 5, Oaks of Bloomfield, Section
28. The Code of the Charter Township of Bloomfield,
Chapter 42, Article IV, Section 42-559, states that accessory
use/structures shall not be located closer than sixteen (16)
ft. to any side or rear lot line and shall be screened from
adjacent residences with evergreen and deciduous material,
which will obscure view twelve (12) months of the year.
(19-28-276-025)
Mr. Hedemark addressed the Board with the request to
install an in-ground swimming pool in the rear yard to be
screened with existing trees and proposed plantings. Mr.
Hedemark made reference to the proposed site plan and
indicated the two conditions that impact the placement of the
proposed swimming pool. Mr. Hedemark indicated the first
condition is the existing 12-foot utility easement over the
middle of the yard. Mr. Hedemark stated having the
utilities relocated is out of the question for financial
reasons. Mr. Hedemark indicated the second condition is
the Township’s 16-foot rear yard setback requirement.
Mr. Hedemark stated the home backs up to the golf course, with
additional evergreen landscaping and fencing being installed
to the east and west property lines which would screen the
side neighbors from view. Mr. Hedemark indicated the
fencing would have self-latching and locking gates with an
automated safety pool cover that would meet building code.
Mr. Taylor asked for clarification of the proposed
location for the swimming pool and the existing overhead
utility easement.
Mr. Hedemark made reference on the site plan and indicated
the utility easement and the proposed location of the swimming
pool.
Ms. Pulte addressed the Board and indicated DTE quoted her
a price of $480,00.00 to bury the utility line, and indicated
this quote included four (4) other neighbors that would have
to bury their lines, given this is a main line.
Ms. Reisinger made mention of the letter submitted from
Oakland Hills Country Club which indicated a “no contest”
opinion given no landscape plan has been submitted for their
review.
Ms. Reisinger made mention of a letter received in support
of the variance request from Ms. Jeannie Comb, resident at
3741 S. Darlington Road, and Mr. John Berg, resident at 3761
S. Darlington Road.
Ms. Reisinger made mention of the comments provided for the
variance request from the Oaks of Bloomfield Property Owners
Association.
Mr. Taylor questioned the placement of the pool equipment.
Mr. Hedemark made reference to the site plan and indicated
the pool equipment would be placed on the brick paver patio,
in the rear yard adjacent to the residential wall.
Motion by Ms. Rosati, Seconded by Ms. Reisinger in regard
to the appeal at 3749 Darlington Road South for the
construction of an in-ground swimming pool located 3.3-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. Given the
utility lines run through the rear yard. Petitioner must
obtain all necessary permits.
Motion carried, 6 – 0.
Ms. Rosati recused herself from the next item by indicating
she resides within the Township’s notification area.
(7) 1315 Lone Pine Road – R. Glisky
Seeking approval for the construction of a proposed 6 ft.
high cedar fence over a 4 ft. high existing concrete wall,
having an overall height of 10 ft. screened with proposed
plantings, located in a rear yard 4 ft. from the westerly side
lot line and 12 ft. from the southerly rear lot line, Lot 23,
The Dells of Bloomfield, Section 20. 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 IV, Section 42-566
states fences in a residential district shall not exceed 4 ft.
in height. (19-20-403-003)
Motion by Ms. Reisinger, Seconded by Mr. Aldrich to move
item (7) 1315 Lone Pine to the end of the agenda to allow the
petitioner to be present.
Motion carried, 5 – 0 – 1.
YEAS: Reisinger, Aldrich, Buckley, Taylor, Khederian
NAYS: None
ABSTAINED: Rosati
(8) 1500 Kirkway Road – T. Ravikant
Mr. Lou DesRosiers of DesRosiers Architects, was present
seeking approval to encroach 50 ft. into the lakeside setback
with the required average setback of the neighboring
properties at 143.94 ft. for the construction of a new home,
Lot 1, West Lochslea, Section 8. The Code of the Charter
Township of Bloomfield, Chapter 42, Article III, Section
42-527 requires new construction to be set back from the
waterfront the average of the setback of the principal
buildings on the nearest improved waterfront lots within 500
ft. of each side of the lot in question, and in no instance
shall a setback in excess of 100 ft. be required.
(19-08-352-010)
Mr. DesRosiers addressed the Board with the request to
encroach 50-feet into the lakeside setback for the
construction of a new home. Mr. DesRosiers presented a
revised scaled down rendering of the proposed home to be
located on the property. Mr. DesRosiers made reference
to the proposed site plan and indicated the revised building
plans propose a smaller home, by the width of the new design
being 32-feet shorter than the previously approved design,
increasing the western side yard from 25-feet to 53-feet and
increases the eastern side yard by 4-feet. Mr.
DesRosiers stated the proposed home would be setback 50-feet
from the lakeside setback.
Ms. Rosati questioned the average setback within the
neighboring properties.
Mr. DesRosiers replied the average setback of the
neighboring properties is 143.94-feet.
Chairman Khederian made mention of the comments received
from Island, Lower Long and Forest Lake Property Owners
Association.
Chairman Khederian made mention of two (2) letters received
in support of the variance request from Mr. Anthony Hopp,
resident at 1474 Inwoods Circle, and Mr. Gerhardt Knodel,
resident at 1522 Kirkway Road.
Chairman Khederian made mention of a letter received in
opposition of the variance request from Dr. and Mrs. Hans
Schwarz, residents at 1448 Inwoods Circle Court.
Motion by Mr. Taylor, Seconded by Ms. Reisinger in regard
to the appeal at 1500 Kirkway Road for a 50-foot encroachment
into the lakeside setback for the construction of a new home,
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, 6 – 0.
(9) 1333 Glengarry Road North – D. Victor
Mr. Keith Schmaltz of Environmental Artist, was present
seeking approval for the construction of proposed accessory
structures, a 10’ x 3.5’ x 11.8’ high gas fireplace screened
with existing trees, located in a side yard 59.6’ from the
southerly side lot line and 193.3 ft. from the rear lot line.
Also seeking approval to increase the height of an existing
block retaining wall by an additional 2.7 ft. for a total of
6.7 ft., located in a side yard more than 16 ft. from the side
and rear lot lines, Lot 638, Judson Bradway’s Bloomfield
Village No. 2, Section 27. The Code of the Charter
Township of Bloomfield, Chapter 42, Article IV, Section
42-559, 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. (19-27-202-019)
Mr. Schmaltz addressed the Board with the request for an
outdoor gas fireplace, and to raise an existing retaining wall
that would form a walkout area directly behind the house.
Mr. Schmaltz made reference to the proposed site plan and
indicated the existing retaining wall would require an
additional 2.7-feet to be added onto which would extend across
the rear and side yard that would end with the proposed
outdoor fireplace.
Ms. Reisinger made mention of the comments received for the
variance request from Judson Bradway’s Bloomfield Village.
Motion by Mr. Aldrich, Seconded by Mr. Buckley in regards
to the appeal at 1333 Glengarry Road North for the
construction of a fireplace and increase in height of an
existing retaining wall, that the request be approved as
submitted, and the variance for the increase in height of an
existing retaining wall with an overall height of 6.7-feet
located in a side 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 – 0.
(10) 320 Berkshire Drive North – M. Shapiro
Mr. Mark Shapiro, homeowner, was present seeking approval
for the construction of a proposed accessory structure, a 12’
x 16’ x 10.3’ high shed with electrical service, screened with
existing trees and proposed plantings, located in a rear yard
20 ft. from the northerly side lot line and 150 ft. from the
westerly rear lot line, Lot 22, Bloomfield Highlands
Subdivision, Section 4. The Code of the Charter Township
of Bloomfield, Chapter 42, Article IV, 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.
(19-04-376-003)
Mr. Shapiro addressed the Board with the request to
construct a 12’x16’x10.3’ high shed to be located in the rear
yard, screened with existing and proposed plantings. Mr.
Shapiro stated the proposed shed would be utilized to store
lawn and gardening equipment. Mr. Shapiro submitted
subdivision comments to the Board along with the approval from
Mr. Todd Wethy, resident at 125 N. Berkshire Avenue. Mr.
Shapiro stated the electrical utility would provide service
for lighting within the proposed shed.
Ms. Carleen VanVoorhies, resident at 365 N. Berkshire, was
present and spoke in opposition of the variance request.
Mr. Shapiro replied the proposed shed would not be visible
from the street given the slope of the driveway. Mr.
Shapiro stated they intent to plant around the proposed shed
in a manner consistent with the rest of the property.
Mr. Taylor questioned which way would the door face on the
proposed shed.
Mr. Shapiro replied the door on the proposed shed would
face the existing driveway.
Mr. Taylor suggested landscaping be installed to soften
the view of the proposed shed.
Mr. Shapiro replied flowers and arborvitaes could be
installed to help soften the view, however, the flowers and
arborvitaes would not screen the door.
Motion by Ms. Reisinger, Seconded by Ms. Rosati in regard
to the appeal at 320 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, 4 –2.
YEAS: Reisinger, Rosati, Aldrich, Buckley
NAYS: Taylor, Khederian
(11) 2386 Tilbury Place – A. Likly
Mr. Paul Boomer of Kittyhawk Construction, was present
seeking approval for the construction of a proposed accessory
use/structure, a 6’ x 1’ x 14’ high fireplace attached to the
existing non-conforming building, located in a rear yard 17.8
ft. from the northerly side lot line and 35 ft. from the
easterly side lot line. Also seeking approval to change
a portion of the rear roof from a hip line to a gable, Lot
231, Judson Bradway’s Bloomfield Village, Section 26.
The Code of the Charter Township of Bloomfield, Chapter 42,
Article IV, Section 42-558 states that non-conformities shall
not be enlarged upon, expanded, or extended. The Code of
the Charter Township of Bloomfield, Chapter 42, Article IV,
Section 42-559, 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, and shall require the review and approval of the Zoning
Board of Appeals. (19-26-352-012)
Mr. Boomer addressed the Board with a request to construct
a 6’ x 1’ x 14’ high fireplace to be attached to the existing
residence, located in the rear yard. Mr. Boomer made
reference to the proposed site plan and indicated the location
of the gas sealed fireplace and stated a portion of the rear
roof would be changed from a hip line to a gabled roof.
Mr. Boomer indicated by placing the fireplace on the back wall
of the existing room, it effectively would change the
orientation of the back yard living place to the side yard.
Mr. Boomer stated the subdivision association comments have
been provided to the Board for the variance request.
Chairman Khederian made mention of the letter received in
support of the variance request from Mr. & Mrs. Larry Nutson,
residents at 2386 Tilbury Place.
Mr. Jerome Kempf, resident at 2364 Tilbury Place, was
present and spoke in support of the variance request.
Motion by Mr. Aldrich, Seconded by Ms. Rosati in regard to
the appeal at 2386 Tilbury Place for the construction of an
attached fireplace, that the request be approved as submitted,
and the variance to change the roofline of the existing
non-conforming building from hip line to gabled roof, 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 – 0.
(12) 3820 & 3830 Burning Tree – D. Hoeft & R.
Meloeny
Mr. Brian Najor resident at 3710 Burning Tree, and member
of Still Meadow Homeowners Association, was present seeking
approval for the construction of proposed accessory
structures, two 14’ x 2’ x 5’ high entranceway structures
identifying Still Meadow’s Subdivision, screened with existing
trees, located in front yards .9 ft. from the lot line in the
in the southeasterly and the southwesterly corners of Acreage
Parcels, Section 16. The Code of the Charter Township of
Bloomfield, Chapter 42, Article IV, Section 42-569 requires
any subdivision entranceway structure, which includes letters
or graphics, to be reviewed by the Zoning Board of Appeals.
(19-16-276-018 and 19-16-278-018)
Mr. Najor addressed the Board with the request to
construct two (2) subdivision entranceway signs at the
intersection of Thornbrier Way and Long Lake Road, screened
with existing trees. Mr. Najor made reference to the
proposed site plan and indicated the signs would be 14’ x 2’ x
5’ high identifying Still Meadow’s subdivision, constructed of
stone pillars with limestone caps with a brick wall between
them.
Ms. Patti McCullough, Director of Planning and Building,
made mention of the request being heard at the Design Review
Board meeting on July 25th, 2007, which was forwarded onto the
Zoning Board of Appeals.
Motion by Ms. Rosati, Seconded by Mr. Buckley for the
appeal at 3820 and 3830 Burning Tree for the construction of
two (2) entranceway structures, 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, 6 – 0.
(13) 1765 Telegraph Road – Car CNI-2, L.P./Smart Car
Mr. Al Paas of DesRosiers Architects, was present seeking
approval for additional signage, a proposed 13.2’ x 2.6’ (34.3
sq. ft.) permanent secondary wall sign with a 2.8’ x 2.6’ (7.3
sq. ft.) logo, exceeding the maximum allowable area for a logo
by 5.6 sq. ft., located on the southeasterly façade facing the
parking area (1.2 % of the southeasterly façade), in addition
to a 30’ x 1’ (30 sq. ft.) wall sign, located on the southerly
façade facing Telegraph Road (which is 3.1% of the southerly
façade). The total sign area of the two signs combined
is 64 sq. ft., Acreage Parcel, Section 6. The Code of
the Charter Township of Bloomfield, Chapter 42, Article IV,
Section 42-568, allows one wall or ground sign within the B-3
(General Business) zoned district, states that in no instance
shall the wall sign size exceed one hundred twenty (120)
square feet in area, and that wall signs shall be authorized
to contain numbers and letters combined in their customary
form and in addition shall be entitled to contain figures
(illustrations) provided that all figures shall not constitute
more than five (5) percent of the total sign area.
(19-06-226-004)
Mr. Paas addressed the Board with a 2-part variance request
for additional signage, a 13.2’ x 2.6’ (34.3 square feet)
permanent secondary wall sign with a 2.8’ x 2.6’ Smart Car
logo to be placed on the southeasterly façade facing the
parking lot. Mr. Paas referred to the proposed site plan
and indicated the 30’ x 1’ (30 square feet) wall sign, “Smart
Center Bloomfield” to be placed on the southerly façade facing
Telegraph Road. Mr. Paas stated the Design Review Board
granted approval on June 20th, 2007, which was forwarded onto
the Zoning Board of Appeals.
Ms. Reisinger questioned the request for wall signs vs. a
ground sign for this site.
Mr. Paas replied the wall signs as proposed for this site
would be complementary to the building and a ground sign would
not be requested.
Motion by Mr. Taylor, Seconded by Ms. Reisinger in regard
to the appeal at 1765 Telegraph Road for a 34.4 square foot
secondary permanent wall sign with a 7.3 square foot logo,
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, 6 – 0.
(14) 6790, 6800, & 6810 Telegraph Road – Sunrise
Development
Mr. Adam Gut of Frank Rewold and Son, was present seeking
approval for the following to allow for the development of the
proposed Sunrise Bloomfield II, Lots 1 to 9, Birmingham Farms,
Section 32:
- The installation of a proposed 24’ x 44’ x 13.9’ high
temporary skirted office trailer to include handicap ramps
and utilities screened with proposed plantings, located in
front yards for eight months, Telegraph Road and Sandalwood
Drive frontages.
- The installation of a proposed 12’ x 60’ x 13’5’ high
temporary skirted construction trailer to include utilities
screened with proposed plantings, located in front yards for
the duration of the project, Telegraph Road and Sandalwood
Drive frontages.
- To allow the existing 6 ft. high wood fencing, located
in the front and rear yards along the westerly lot line, to
remain after demolition of the existing structure until the
installation of the permanent 6 ft. high masonry screen wall
is built.
- The installation of three construction/refuse dumpsters
to remain on site for the duration of the project.
- The installation of two 40 ft. steel storage containers
to remain on site for a period of nine months.
The Code of the Charter Township of Bloomfield, Chapter 42,
Article I, Section 42-3 defines accessory use/structure as a
use, which is clearly incidental to, customarily found in
connection with, and located on the same zoning lot as, the
principal use to which it is related. The Code of the Charter
Township of Bloomfield, Chapter 42, Article IV, Section 42-559
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, Article IV, Section 42-566 states that fences in a
residential district must be located in a side or rear yard
and shall not exceed 4 ft. in height. The Code of the
Charter Township of Bloomfield, Chapter 42, Article II,
Section 42-564 states that open storage shall be specifically
prohibited on all residential lots except as otherwise
permitted by the Zoning Board of Appeals.
(19-32-277-030)
Mr. Gut addressed the Board with a five-part variance
request. Mr. Gut made reference to the proposed site
plan and indicated the first structure to be utilized as a
marketing office a 24’ x 44’ x 13.9’ high skirted trailer
screened with proposed plantings to include handicap ramps
with temporary electrical, water and sewer utilities.
Mr. Gut stated the proposed temporary parking lot would
accommodate prospective Sunrise tenants away from the
construction area and heavy traffic. Mr. Gut stated the
marketing trailer would be on site for eight (8) months
indicating the project duration would be twelve-thirteen
(12-13) months. Mr. Gut commented if the project begins
in October 2007 the marketing trailer would be on site
beginning April 2008, with removal of the trailer in November
2008. Mr. Gut addressed the installation of the proposed
12’ x 16’ x 13.5’ high temporary skirted trailer screened with
proposed plantings to be utilized as a construction office for
the site superintendent and field personnel to conduct
meetings with subcontractors or suppliers. Mr. Gut
stated the proposed trailer would have electrical utilities.
Mr. Gut made reference to the proposed site plan and indicated
the construction trailer would be onsite for the duration of
the project. Mr. Gut referred to the proposed site plan
and indicated the 6-foot high wood fence that exists along the
west property line would remain until they are ready to
install the permanent 6-foot high masonry screen wall.
Mr. Gut stated as the masonry screen wall is constructed, a
temporary 6-foot high fence would be erected to screen the
construction activity from Sandalwood Drive, specifically the
home at 6856 Sandalwood Drive. Mr. Gut addressed the
Board and asked for three (3) construction/refuse dumpsters to
be utilized and moved around on site during the duration of
the project. Mr. Gut addressed the last variance and
requested two (2) 40-foot steel storage containers to be
utilized on site during the construction project and remain on
site for a period of nine months.
Ms. Reisinger questioned the location of the proposed
dumpsters and the storage containers for the development of
the proposed Sunrise Bloomfield II.
Mr. Gut replied the proposed dumpsters would be mobile on
the site during construction. Mr. Gut stated the storage
containers would be placed on site once the new building has
been partially constructed. Mr. Gut stated the storage
containers would be placed in close proximity to the new
building and would be utilized to hold construction materials.
Chairman Khederian addressed her concerns to the Board and
indicated typically when a variance is requested and the Board
grants an approval for an accessory structure, there should be
a specific location/placement of the accessory structure
required from the petitioner.
Ms. Patti McCullough, Director of Planning and Building
Department, commented given this is a new construction site
that would be active and the petitioner has indicted the
storage containers would be placed close to the new building
and located away from Telegraph Road. Ms. McCullough
stated the specific placement of the storage containers would
hinder the construction project given this would be an active
construction site. Ms. McCullough stated the existing 6-foot
high wood fence and the proposed masonry screen wall would
help alleviate the adjacent residents from the construction
site.
Chairman Khederian addressed her concerns to the Board and
indicated the construction trailer not having a timeframe to
be placed on the construction site.
Mr. Gut requested the construction trailer to be placed on
site for the duration of the project. Mr. Gut commented
the projection start date is October 1st, 2007, given all
disconnects from the public utilities have been provided for
the demolition of the existing buildings on site.
Ms. Sarkesian, resident at 6930 Telegraph Road, was
present and questioned the length of the project and would
Sandalwood Road be an access for construction vehicles.
Mr. Gut replied Sandalwood Road would not be accessed or
utilized during the construction project.
Mr. Taylor suggested to the Board that the placement of
the dumpsters be located away from the rear property line.
Mr. Gut replied the dumpsters would be placed within the
area of construction. Mr. Gut commented the dumpsters
would not be placed within the rear yard setback area of the
building.
Motion by Mr. Taylor, Seconded by Ms. Rosati in regards to
the appeal at 6790, 6800, and 6810 Telegraph Road
for the installation of two (2) temporary trailers,
three (3) construction/refuse dumpsters, and two (2) open
storage containers, that the request be approved as submitted,
with the contingency that the dumpsters not be placed within
the rear yard setback of the property, and the variance for
the installation of two (2) temporary trailers located in
front yards, to allow the 6-foot high fencing located in the
front and rear yards along the westerly lot line to remain
after demolition of the main structure, to allow three (3)
construction/refuse dumpsters and two (2) open storage
containers to remain on site in front yards, 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 landscape plan as presented for the construction trailer
will require (8-12) evergreens to be installed. Access
to the construction site from Sandalwood Road will be
eliminated. The trailers are to be removed from the
construction site (15) months from commencement of
construction. Petitioner must obtain all necessary
permits.
Motion carried, 6 – 0.
(15) 2400 Telegraph Road – Target Corporation
Seeking approval for the use of a proposed accessory
structure, a 12’ x 70’ x 15’ high construction trailer from
September 1st, 2007 until September 30th, 2008, screened with
proposed plantings, located in a side yard 14 ft. from the
westerly side lot line on Acreage Parcel, Section 5. The
Code of the Charter Township of Bloomfield, Chapter 42,
Article IV, Section 42-559 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 not be
located closer than sixteen (16) ft. to any side or rear lot
line, 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. (19-05-451-005; 19-05-377-023)
Motion by Ms. Reisinger, Seconded by Mr. Aldrich to move
the item (15) 2400 Telegraph to the end of the agenda to allow
the petitioner to be present.
Motion carried, 6 – 0.
Ms. Rosati recused herself from the next item by indicating
she resides within the Township’s notification area.
(7) 1315 Lone Pine Road – R. Glisky
Seeking approval for the construction of a proposed 6 ft.
high cedar fence over a 4 ft. high existing concrete wall,
having an overall height of 10 ft. screened with proposed
plantings, located in a rear yard 4 ft. from the westerly side
lot line and 12 ft. from the southerly rear lot line, Lot 23,
The Dells of Bloomfield, Section 20. 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 IV, Section 42-566
states fences in a residential district shall not exceed 4 ft.
in height. (19-20-403-003) Chairman Khederian commented
to the Board the petitioner was not present.
Motion by Mr. Taylor, Seconded by Mr. Aldrich to deny the
request without prejudice for the existing 6-foot high fence
over the existing 4-foot high concrete wall with an overall
height of 10-feet located within the required 16-feet side and
rear yard setbacks.
Motion failed due to allowing for public comments.
Chairman Khederian excused Board Member, Ms. Carol Rosati
from the meeting.
Chairman Khederian questioned should the public hearing be
heard for this variance request, prior to the Board taking
action.
Ms. Patti McCullough, Director of Planning and Building,
replied the petitioner did not inform the Department that they
would be absent for this meeting, therefore the Board should
allow for the public hearing to be heard for the record.
Mr. James Long, resident at 5387 Echo Road, and President
of the subdivision association, introduced the first
homeowner.
Ms. Rebecca Kuehne, resident at 5033 Echo Road, was present
and spoke in opposition of the existing concrete wall and
fence. Ms. Kuehne suggested to the Board to have the
existing wall and fence removed or screened with evergreens to
obscure the view from her residence.
Ms. Michelle Margosian, resident at 5374 Echo Road, and
Vice President of the subdivision association, was present and
spoke in opposition of the variance request. Ms.
Margosian made reference to the property at 1315 Lone Pine and
indicated the existing wall and fence runs from 1315 Lone Pine
Road through 1327 Lone Pine Road, which is owned by Mr.
Richard Glisky.
Mr. Rober Heuer, resident at 5024 Forest Way, was present
and spoke in opposition of the variance request.
Chairman Khederian questioned how long has the wall and
fence existed.
Ms. Margosian replied the wall and fence have existed for
approximately one year.
Ms. Brenda Schlutow, Township
Ordinance Officer, was present and spoke in regards to the
history of this property. Ms. Schlutow stated the
Township has been in contact with the property owner, Mr.
Richard Glisky since December of 2006 for the existing fence
and wall on this property. Ms. Schlutow stated Mr.
Glisky erected the fence and wall on the property at 1327 Lone
Pine Road in December of 2006, and in March of 2007, the same
fence and wall was being constructed on 1315 Lone Pine Road.
Ms. Schlutow stated in March of 2007, the Ordinance Department
became aware of the same type of wall and fence being
installed at another property that Mr. Glisky owned at 1315
Lone Pine. She further stated that the Ordinance
Department informed Mr. Glisky at that time that he needed to
apply for variances for both of the properties to avoid
further legal action from the Township, since no approvals
were granted and no permits were issued prior to the
installation at either property. She stated that
although he did make the original application to the ZBA in
January for the walls at 1327 Lone Pine, he was dropped from
the agenda when he failed to supply the necessary information.
Ms. Schlutow stated when he made the application to the Zoning
Board in June; she stated she had incorrectly assumed that he
was applying for approval for both lots, not just 1315 Lone
Pine. Ms. Schlutow agreed with the neighbors at
tonight’s meeting in stating that she felt that they had lived
with this situation long enough without any resolution and she
would go forward with legal action against Mr. Glisky
requiring him to either make the proper applications to the
Zoning Board or remove the non-compliant walls.
Mr. Buckley questioned the location of the garage.
Ms. Kuehne made reference to the site plan and indicated
the location of the garage.
Mr. Taylor made reference to the site plan presented and
stated it appears that the fence and wall have been
constructed within the utility easement.
The Board discussed the history of the property and the
options the property owner has had to address the violation
since December 2006. The Board further discussed making
the motion and the possibilities of the petitioner not showing
at the next meeting.
Ms. McCullough replied the Board has an opportunity to
table this item to the next meeting to allow the property
owner to be present. Ms. McCullough stated at the next
meeting if the property owner so chooses not to show, the
Township would inform the property owner of his failure of not
being present as requested from the previous meeting, which
would result in further action from the Township.
Motion by Mr. Aldrich, Seconded by Mr. Buckley in regards
to the appeal at 1315 Lone Pine Road for the existing 6-foot
high fence over the existing 4-foot high concrete wall with an
overall height of 10-feet, located within the required 16-foot
side and rear yard setbacks be tabled to September 11th, 2007,
meeting to allow the petitioner to be present to address the
item before the Board and the concerns of the neighbors.
Motion carried, 4 – 1- 1.
YEAS: Aldrich, Buckley, Reisinger, Khederian
NAYS: Taylor
ABSENT: Rosati
Mr. Taylor stated by giving the property owner more time
was not necessary. Mr. Taylor commented given
notification of the public hearing was addressed and the
property owner made an application to the Zoning Board of
Appeals should be more than ample evidence of his opportunity
to appear before the Board. Mr. Taylor stated by the
property owner not being present is disrespectful to the
Board, the neighbors and to the Township.
Chairman Khederian stated the comments from the neighbors
heard this evening would be part of the record.
(15) 2400 Telegraph Road – Target Corporation
Seeking approval for the use of a proposed accessory
structure, a 12’ x 70’ x 15’ high construction trailer from
September 1st, 2007 until September 30th, 2008, screened with
proposed plantings, located in a side yard 14 ft. from the
westerly side lot line on Acreage Parcel, Section 5. The
Code of the Charter Township of Bloomfield, Chapter 42,
Article IV, Section 42-559 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 not be
located closer than sixteen (16) ft. to any side or rear lot
line, 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. (19-05-451-005; 19-05-377-023)
Chairman Khederian commented to the Board the petitioner
was not present.
Chairman Khederian opened the public comments for this
item.
Ms. Diane Alexanian, resident at 1415 W. Square Lake Road,
was present and questioned the location of the proposed
construction trailer.
Ms. Patti McCullough, Planning and Building Director, made
reference to the proposed site plan and indicated the 12’ x
70’ x 15’ high construction trailer would be placed off of
Telegraph Road, 14-feet from the westerly side lot line.
Ms. Kate Baxter, resident at 1445 W. Square Lake Road, was
present and questioned would the site have access to Square
Lake Road. Ms. Baxter questioned the intent of the
residential property purchased adjacent to the development.
Ms. McCullough replied Square Lake Road would not be
accessed, only Telegraph Road. Ms. McCullough commented
Target has purchased a residential lot for screening purposes
to the residential lot off of Square Lake Road. She
stated the current berm being installed would be heavily
vegetated with landscaping, trees and shrubbery to be planted
within that width of that single lot.
Ms. Baxter questioned the need for the construction
trailer.
Ms. McCullough replied the purpose for the construction
trailer is to allow for an on-site office for the construction
management during the building of the new Target store.
Ms. McCullough made reference to the site plan and indicated
the construction trailer would be at the most extreme point
away from the residential properties. She commented the
construction trailer would be on site from September 1st, 2007
until September 30th, 2008, and to be screened with proposed
plantings.
Motion by Ms. Reisinger, Seconded by Mr. Buckley in regard
to the appeal at 2400 Telegraph Road for the installation of a
construction trailer be approved as submitted, and the
variance for the installation of a 15-foot high construction
trailer located in a side yard 16-feet from the side lot line
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. The construction trailer to be
screened with proposed plantings. The construction
trailer to be on site September 1st, 2007 until September
30th, 2008.
Motion carried, 5 – 0.
IV. GENERAL BUSINESS
a. Next Board Meeting – September
11th, 2007
V. ADJOURNMENT
Respectfully submitted,
Patricia McCullough, Director
Planning and Building Department
kd
THE
ZONING BOARD OF APPEALS APPROVALS SHALL BE VALID FOR A PERIOD
NO LONGER THAN ONE YEAR UNLESS A BUILDING PERMIT HAS BEEN
OBTAINED
IN
THE EVENT THAT AN APPEAL IS APPROVED, CONTINGENT UPON THE
SUBMITTAL OF AN AFFIDAVIT, PLEASE ALLOW UP TO FOURTEEN (14)
BUSINESS DAYS TO PROCESS THE DOCUMENT.
APPROVED MINUTES WILL BE AVAILABLE ON LINE AND AT THE PLANNING
DEPARTMENT AFTER THE NEXT SCHEDULED BOARD OF APPEALS MEETING.
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Bloomfield Hills, MI 48303-0489
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