Zoning Board of Appeals Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
ZONING BOARD OF APPEALS
Tuesday, October 9th, 2007 – 7:00 P.M.
Bloomfield Township Hall

Welcome to the Bloomfield Township Zoning Board of Appeals Meeting of October 9th, 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.

ATTENDANCE: Board Members David Buckley, Brian Henry, Jane Reisinger, Lisa Seneker, Robert Taylor, and Chairman Corinne Khederian.

ABSENT: James Aldrich, Brain Kepes

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

Chairman Khederian addressed the audience and indicated item (17), 4558 Ranch Lane, has been rescheduled to the November 20th agenda at the petitioner’s request.

APPROVAL OF MINUTES

Motion by Ms. Seneker, Seconded by Mr. Buckley to approve the Zoning Board of Appeals minutes of September 11th, 2007 as written.

Motion carried, 6 – 0.

APPEALS

Tabled Items

(1T) 3959 Mount Vernon – C. Anagnostopoulos

Mr. Constantine Anagnostopoulos, homeowner, was present seeking approval for the construction of a raised patio with retaining walls, screened with proposed plantings and existing trees, located 29 ft. from the rear lot line and more than 16 ft. from the side lot lines, Lots 191 and 192, Oakland Hills Country Club Sub. No 1, Section 33. 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 setback. (19-33-178-002)

Mr. Anagnostopoulos presented to the Board a revised plan indicating the construction of a proposed raised patio that would be located 29-feet from the rear lot line. Mr. Anagnostopoulos stated the variance request has been increased by 4-feet.

Mr. Kent Lund, resident at 3827 Oakhills Drive, and Board Member of the Oakland Hills Association #1, was present and spoke in opposition of the revised variance and stated the Association has not reviewed the plan as presented.

Ms. Seneker questioned what would Oakland Hills Association approve of based on the comments given.

Mr. Lund replied the homeowners are to follow the rules of the Association and maintain the 35-foot rear yard setback.

Mr. Taylor commented if the homeowners placed a series of cement steps from the egress of house to the lot line at grade, could they pave all the way to the back of the property.

Ms. Patti McCullough, Planning and Building Director, replied paving or brick pavers at grade is not regulated under the Township Ordinance.

Mr. Taylor stated given the proposed patio is raised and it impacts the 35-foot rear yard setback it is before the Board. As opposed to if the proposed patio were at grade it would not be before the Board.

Ms. McCullough replied that is correct.

Mr. Taylor questioned would the neighbors rather see the patio paved to the back of the property.

Mr. Lund commented that was not a fair question.

Mr. Taylor stated it is a fair question regarding compromise.

Mr. Lund stated he is not sure why the Association needs to compromise the rules are the rules.

Ms. Nancy Gifford, resident at 6855 Oakhills Drive, was present and spoke in opposition of the revised variance request.

Mr. William Sash, resident at 3930 Mt. Vernon, was present and spoke to the comments made by Mr. Lund relating to Oakland Hills Association.

Mr. Henry questioned if the collar on the well was necessary to be 2-foot above grade.

Mr. Michael Madrid of Bosco Building replied the well collar is full of concrete and he would rather not cut the collar based on upsetting the artesian well.

Ms. Seneker made mention of the letters received in opposition of the variance request from Mr. Mark Arnold, President of Oakland Hills Country Club subdivision association, Mr. Bruce MacDonald, resident at 6834 Oakhills Drive, Mr. Clarence Frank, resident at 6630 Oakhills Drive, Mr. and Mrs. Dean Askounis, residents at 3975 Oakhills Drive, and Ms. Lucinda Fudalla, resident at 6880 Oakhills Drive.

Ms. Reisinger stated when the notification of the meeting was received and Mr. Lund stated the homeowners did not return to the Association for approval/comments. Ms. Reisinger further questioned did the Association contact the homeowners and request that they return to the Association for their approval/comments.

Mr. Lund replied the Association did not contact the homeowners.

Chairman Khederian made mention of the last meeting and stated the item was tabled to allow the homeowner to return with a revised plan with the Association and neighbors were to come to an agreement. Chairman Khederian stated there has to be some give and take from all parties involved.

Motion by Mr. Taylor, Seconded by Ms. Reisinger in regard to the appeal at 3959 Mount Vernon Drive for the construction of a raised patio located 29-feet from the rear lot line 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 revised site plan to the Building Department prior to final grade inspection.

Motion carried, 4 – 2.

YEAS: Taylor, Reisinger, Seneker, Khederina

NAYS: Buckley, Henry

New Items

(1) 3721 Thornbrier Way – C. Cole

Mr. Kevin Bannon, attorney, along with Ms. Celeste Cole, homeowner, were present seeking approval for an existing accessory structure, a 9’ x 7’ x 7’ high storage shed, screened with existing trees, existing plantings, and proposed evergreen plantings, located in a rear yard 17 ft. from the westerly side lot line and 69 ft. from the rear lot line, Lot 66, Still Meadow, Section 16. 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. (19-16-278-006)

Mr. Bannon addressed the Board with the request for an existing 9’ x 7’ x 7’ high storage shed, located in the side yard, screened with existing arborvitaes and proposed evergreen plantings. Mr. Bannon made reference to the photographs and stated the existing shed is screened from view in all directions.

Mr. Richard Wise, resident at 3730 Thornbrier Way, was present and spoke in opposition of the variance request. Mr. Wise stated the existing shed is visible from his rear yard, and from the street.

Mr. John Davis, resident at 3711 Thornbrier Way, was present and spoke in opposition of the variance request. Mr. Davis stated the existing shed is visible from his patio.

Mr. Bannon commented two (2) sheds exist in the rear yard of 3825 and 3890 Burning Tree. Mr. Bannon stated the Subdivision Association was contacted, however, no comments were provided.

Ms. Celeste Cole, homeowner, stated her goal was to have the existing shed screened entirely by evergreens however, the evergreens were not tall enough to completely enclose the existing shed. Ms. Cole commented if additional trees would be necessary she would be happy to do so.

Chairman Khederian questioned the purpose of the existing shed.

Ms. Cole replied the home has no basement. The shed is utilized for storage of tools for maintenance of the property.

Ms. Reisinger questioned would the petitioner go back and address the Subdivision Association for their comments.

Mr. Bannon replied there has been discussion with the Subdivision Association, and stated a meeting is scheduled for next week. Mr. Bannon commented he would update the Subdivision Association.

Mr. Henry commented given the homeowner is willing to install additional evergreen screening, to table the item and allow the homeowner to seek the Subdivision Association comments at their next meeting.

Motion by Ms. Reisinger, Seconded by Ms. Seneker in regard to the appeal at 3721 Thornbrier Way for an existing shed, that the request be tabled to November 20th, 2007 to allow the homeowner to seek the next meeting of the Subdivision Association and obtain their comments.

Motion carried, 6 – 0.

(2) 2243 Somerset Road – E. Tillery

Mr. Edward Tillery, homeowner, was present seeking approval for an existing 6 ft. high wood privacy fence, located in a rear yard extending from the westerly side lot line towards the easterly side lot line. Also seeking approval for an existing 6 ft. high wood privacy fence, located in a rear yard above a 2 ft. high deck, Lot 222, South Bloomfield

Highlands Subdivision, Section 3. The Code of the Charter Township of Bloomfield, Chapter 42, Article IV, Section 42-566 states that fences in a residential district shall not exceed 4 ft. in height. (19-03-326-012)

Mr. Tillery addressed the Board with the request for an existing 6-foot high privacy fence located in a rear yard extending from the westerly and easterly side lot line. Mr. Tillery made reference to the photographs and indicated the existing 6-foot wooden lattice privacy screen, located in the rear yard above a 2-foot high deck. Mr. Tillery stated the prior 6-foot high fence at the rear year was deteriorated and unsafe. Mr. Tillery commented there are railroad tracks at the rear of his property and that this existing fence helps with the noise.

Mr. Owen Rockentine, resident at 2060 Devonshire, and Vice President of South Bloomfield Highlands subdivision association, was present and commented the association does not approve or deny fences or sheds. Mr. Rockentine stated it is to be determined by the Zoning Board of Appeals.

Mr. Patrick Ronayne, resident at 2228 Somerset, was present and spoke in support of the variance requests.

Motion by Mr. Taylor, Seconded by Ms. Seneker in regard to the appeal at 2243 Somerset for an existing 6-foot high fence and an existing 8-foot high fence, that the variance be approved as requested. Based on the information presented, the applicant did demonstrate to the Board’s satisfaction all of the standards for practical difficulty. The petitioner must submit permit applications within five (5) business days and fence supports must face inward.

Motion carried, 6 – 0.

(3) 4375 Stony River Drive – M. Arnkoff

Mr. Wallace Ross of Countryside Construction, was present seeking approval for a 10 ft. encroachment into the required 40 ft. secondary front yard setback, and a 10 ft. encroachment into the required 35 ft. rear yard setback for the construction of a proposed single-story garage addition to the existing non-conforming building, located 30 ft. from the secondary front lot line, Stony River Court, and 25 ft. from the rear lot line, Lot 28, Franklin Mills Subdivision, Section 32. 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 35 ft. in the rear yard setback. (19-32-353-010)

Mr. Ross addressed the Board with the request for a 10-foot encroachment in the secondary front yard setback and a 10-foot encroachment into the rear yard setback for the construction of a proposed single-story garage addition. Mr. Ross made reference to the site plan and indicated the home is located on a corner lot leaving the property with two (2) front yards. Mr. Ross stated the purpose for the proposed garage would be to store a classic car and the contents from the existing storage shed. Mr. Ross stated the existing storage shed and the existing fence would be removed from the back yard if the variance were approved. Mr. Ross stated subdivision association comments were submitted to the Building Department with the construction drawings.

Motion by Ms. Reisinger, Seconded by Mr. Taylor in regard to the appeal at 4375 Stony River Drive for a 10-foot encroachment into the secondary front yard setback and a 10-foot encroachment into the rear 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 for the addition. The petitioner is to remove the existing fence and shed immediately upon approval of the minutes, November 20th, 2007.

Motion carried, 6 – 0.

(4) 4131 Meadow Way – I. Stan

Mr. Ioan Stan, homeowner, was present seeking approval for the installation of accessory structures, a hot tub, located in a side yard, screened with existing trees and proposed evergreen plantings, located 16 ft. from the westerly side lot line and more than 16 ft. from the rear lot line. Also seeking approval for the installation of two proposed air-conditioning units, screened with existing trees and proposed evergreen plantings, located in a side yard 9 ft. from the westerly side lot line, Lot 161, Foxcroft No. 4, Section 29. 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, and that ground mounted mechanical and electrical equipment shall not be located in the required 16 ft. side yard setback, and equipment located in the side yard shall be screened from view with evergreen plant material at least the height of the equipment and located at the point of placement of the equipment. (19-29-276-004)

Mr. Stan addressed the Board with the request for the installation of a hot tub, located in a side yard and for two (2) proposed air-conditioning units, located in a side yard. Mr. Stan made reference to the site plan and indicated the location of the two (2) proposed air-conditioning units. Mr. Stan indicated the existing deck in the rear yard that would not allow for the placement of the two (2) air-conditioning units. Mr. Stan stated the west side of the residence would be the best location that would not hinder or discourage the adjacent neighbor.

Ms. Reisinger made mention of the comments provided from the Foxcroft subdivision association for the variance requests. Ms. Reisinger indicated the comments included evergreen screening of the proposed air-conditioning units.

Mr. Taylor questioned how does the Board determine adequate screening.

Ms. Brenda Schlutow, Township Ordinance Officer, replied the motion maker would need to be specific and include the number of trees, height and placement when requesting adequate screening.

Motion by Mr. Taylor, Seconded by Ms. Reisinger in regard to the appeal at 4131 Meadow Way for the installation of a hot tub, that the request be approved as submitted, and the variance for the installation of a hot tub located in a side yard, and two (2) air-conditioning units 9-feet from the side lot line be granted. Based on the information presented, the information presented, the applicant did demonstrate compliance with Section 42-55 Standards, and did demonstrate all of the standards for practical difficulty. The approval is based on the submitted landscape plan, the hot tub and the two (2) air-conditioning units are to be screened with 5-foot tall emerald arborvitaes. Petitioner must obtain all necessary permits.

Motion carried, 6 – 0.

(5) 2985 Berkshire Drive – M. Sparks

Mr. Todd Bergsman of Hunter Roberts Homes, was present seeking approval for a 4.4 ft. encroachment into the required 35 ft. rear yard setback for the construction of a proposed single-story porch addition for a new home, located 30.6 ft. from the rear lot line, Lot 167, Westchester Village No. 1, Section 34. 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 setback. (19-34-253-002)

Mr. Bergsman addressed the Board with a lesser variance request. Mr. Bergstrom indicated the homeowner revised the request for a 2.2 ft. encroachment into the rear yard setback. Mr. Bergstrom made reference to the revised site plan and indicated the proposed single-story porch addition would be constructed of the same materials and painted the same color as the existing house. Mr. Bergstrom stated the entire perimeter of the lot is landscaped with mature plantings. Mr. Bergstrom submitted to the Board the comments from Greater Westchester Village subdivision association.

Ms. Reisinger made mention of a letter received in support of the variance request from Mr. David C. Birchler, resident at 3005 Berkshire Drive.

Mr. David Birchler, resident at 3005 Berkshire Drive, was present and spoke in support of the revised variance request.

Mr. Rick Wiltgen, President of Greater Westchester Village subdivision association, was present and spoke in support of the revised variance request.

Motion by Mr. Buckley, Seconded by Mr. Taylor in regard to the appeal at 2985 Berkshire Drive for a revised 2.2 foot encroachment per plan presented into the rear yard setback, that the variance be approved as requested. Based on the information presented, the applicant did demonstrate to the Board’s satisfaction all of the standards for practical difficulty. Petitioner must obtain all necessary permits.

Motion carried, 6 – 0.

(6) 2348 Heronwood Drive – P. Spina

Mr. Josh Tobias of Tobias Construction Inc, was present seeking approval for the installation of an accessory structure, a proposed stand-by generator, screened with existing evergreen plantings, located immediately adjacent to the residential wall in a secondary front yard, Battan Drive frontage, Lot 30, Heron Woods, Section 5. The Code of the Charter Township of Bloomfield, Chapter 42, Article IV, Section 42-559 states that ground mounted mechanical and electrical equipment shall be located in any side or rear yard. (19-05-351-048)

Mr. Tobias addressed the Board with the request to install a proposed stand-by generator, located immediately adjacent to the residential wall in a secondary front yard of Battan Drive frontage. Mr. Tobias made reference to the site plan and indicated the location of the proposed stand-by generator. Mr. Tobias stated the proposed stand-by generator would be screened by the existing evergreens.

Motion by Mr. Taylor, Seconded by Ms. Reisinger in regard to the appeal at 2348 Heronwood Drive for the installation of a proposed stand-by generator located in a secondary 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 standards for practical difficulty. Petitioner must obtain all necessary permits and the stand-by generator must comply with Noise Ordinance of 70 dB(A) at the property line.

Motion carried, 6 – 0.

(7) 125 Cranbrook Cross Road South – T. Economy

Mr. Thomas Economy, homeowner, was present seeking approval for a 17 ft. encroachment into the required 35 ft. rear yard setback for the replacement of a sunroom addition to the existing non-conforming building, located 18 ft. from the rear lot line, Part of Lot 1223 and all of Lot 1224, Bradway’s Bloomfield Village No. 5, Section 34. 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 setback. (19-34-226-001)

Mr. Economy addressed the Board with the request for a 17-foot encroachment into the rear yard setback for the replacement of a sunroom addition. Mr. Economy made reference to the site plan and indicated the existing sunroom is dilapidated. Mr. Economy stated the proposed "three-season" sunroom would match the existing color and structure scheme of the home. Mr. Economy commented the proposed sunroom would not be expanded upon the size/footprint of the existing structure. Mr. Economy provided approval for the variance request from the adjacent neighbors, Ms. Tina Scheiwe, resident at 2869 W. Maple Road, and Mr. Jerome Silecchia, resident at 149 S. Cranbrook Cross Road. Mr. Economy stated the comments from Bloomfield Village South Home Owners Association had been submitted for the variance request.

Mr. Jerry Silecchia, resident at 149 S. Cranbrook Cross Road, was present and spoke in support of the variance request.

Motion by Mr. Henry, Seconded by Ms. Seneker in regard to the appeal at 125 Cranbrook Cross Road South for a 17-foot encroachment into the required 35-foot rear 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.

(8) 2400 Telegraph Road – Target Corporation

Mr. David Plunkett of Williams, Williams, Rattner & Plunkett, P.C., was present seeking approval for the construction of a sign, a proposed 10’ x 10’ (100 sq. ft.) permanent wall sign consisting only of the Target Corporation’s "bulls-eye" logo, which is 100% of the proposed sign, located on the Telegraph Road façade, Part of Lots 42, 53 & 54, Telegraph-Square Lake Acres, Section 5. The Code of the Charter Township of Bloomfield, Chapter 42, Article IV, Section 42-568 states that walls signs, within the B-3 (General Business) zoned district, 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. (19-05-451-005)

Mr. Plunkett addressed the Board with the request for the construction of a permanent wall sign. Mr. Plunkett commented the size of the 100 square foot wall sign complied with the permitted 120 square feet maximum requirements, however, the sign would require a variance due to the logo size exceeding 5% of the allowable sign area. Mr. Plunkett made reference to the storefront elevation and indicated the proposed 10’ x 10’ (100 square foot) permanent wall sign consisting only of the Target Corporation’s "bulls-eye" logo, located on the Telegraph Road façade. Mr. Plunkett stated the proposed logo would be located over the main entrance to the store.

Ms. Reisinger made mention of the Design Review Board meeting held on Monday, August 27th, 2007, which, was approved and forwarded onto the Zoning Board of Appeals.

Ms. Reisinger suggested that the port-a-johns be relocated out of the sight of Telegraph Road and to the rear of the property.

Mr. Plunkett replied the construction manager would be informed to relocate the port-a-johns.

Motion by Ms. Seneker, seconded by Mr. Buckley in regard to the appeal at 2400 Telegraph Road for the construction of a proposed wall sign, consisting of a logo only, 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) 6785 Telegraph Road – P. Vestevich

Mr. Jonathan Crane, of C & W Consultants, was present seeking approval for the installation of an accessory structure, a proposed 3.4’ x 9.3’ x 6’ high stand-by generator, screened with proposed evergreen plantings, located in a side yard 15.3 ft. from the northerly side lot line, Acreage Parcel, Section 33. The Code of the Charter Township of Bloomfield, Chapter 42, Article IV, Section 42-559 states that accessory structures shall not be located in any required yard, except a rear yard, shall not be located closer than 16 ft. to any side or rear lot line, shall be screened from adjacent residences with evergreen and deciduous material, which will obscure view twelve (12) months of the year, and shall require the review and approval of the Zoning Board of Appeals. (19-33-151-006)

Mr. Crane addressed the Board with the request for the installation of a commercial generator to a cellular communications tower. Mr. Crane made reference to the site plan and indicated the proposed location of the emergency generator. Mr. Crane commented the proposed generator would be placed 15’- 3" from the north side lot line. Mr. Crane noted the adjoining property line abuts a parking lot, which provides additional separation between the emergency generator and the office structure to the north. Mr. Crane stated the proposed generator is needed as a part of the Verizon Wireless Civil Defense Strategy.

Motion by Ms. Seneker, Seconded by Ms. Reisinger in regard to the appeal at 6785 Telegraph Road for installation of a commercial generator, that the request be approved as submitted, and the variance for the installation of a generator located 15.3-feet from the northerly 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, and the generator must be painted to match the building and must comply with Noise Ordinance with 70dB(A) at property line.

Motion carried, 6 – 0.

(10) 831 Highwood Drive – J. Wayne

Mr. Jeff Wayne, homeowner, was present seeking approval for the construction of accessory structures, two existing 2.3’ x 2.3’ x 3.2’ high brick piers, with 3.3 ft. high light fixtures, having an overall height of 6.5 ft., screened with proposed plantings, located in a front yard, one at each side of the driveway entrance, more than 16 ft. from the side lot lines, Lot 86, 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 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. (19-13-201-010)

Mr. Wayne addressed the Board with the request for two (2) existing 2.3’ x 2.3’ x 3.2’ high brick piers, with 3.3-foot high light fixtures, with an overall height of 6.5-feet screened with proposed plantings, located in the front yard, at each side of the driveway entrance. Mr. Wayne commented the pillars with lights provide a safely lit entryway into the driveway. Mr. Wayne stated the light bulbs installed in the existing piers are frosted 25-watt bulbs and are set on a timer. Mr. Wayne stated the pillars are located out of the road right-of-way.

Mr. Robert Beuter, President of Eastover Farms No. 1 subdivision association and resident at 933 Dowling Road, was present and spoke in opposition of the lighting produced from the existing brick piers.

Mr. Pierre Desmet, resident at 830 Highwood Road, was present and spoke in opposition of the lighting produced from the existing brick piers.

Mr. Wayne replied he has installed two (2) frosted 25-watt bulbs per each light fixture and the timer has been set to go off at 10:00 PM.

Motion by Ms. Reisinger, Seconded by Ms. Seneker in regard to the appeal at 831 Highwood Drive for the existing 2.3’ x 2.3’ x 3.2’ high brick piers, that the request be approved as submitted, and the variance for the two (2) existing piers 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. Pier lights are to be set on a timer with a shut

off time of 10:00 PM. Pier lights are to have (2) 25-watt bulbs installed at each pier contingent upon approval from the neighbor at 830 Highwood, Mr. Pierre Desmet and the Homeowners Association. IF NOT approved by the neighbor, (2) 15-watt bulbs (if manufactured) are to be installed at each pier to reduce the light. Petitioner must provide a final grade certification to the Building Department.

Motion carried, 6 – 0.

(11) 1576 Apple Lane – C. Smock

Mr. Chris Elighy, was present on behalf of the homeowner, seeking approval for the following permission requests and dimensional variances for proposed renovations on Lot 7, West Lochslea, Section 8:

The Code of the Charter Township of Bloomfield, Chapter 42, Article IV, Section 42-559 states that accessory use/structures shall not be erected in any required yard, except a rear yard, shall not exceed one (1) story or 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 of the Zoning Board of Appeals. The Code of the Charter Township of Bloomfield, Chapter 42, Article III, Section 42-527 states that new construction or remodeling of a principal building shall be set back from the waterfront the average of the setback of the principal buildings on the nearest improved waterfront lots within 500 ft. of each side of the lot in question. (19-08-352-003)

Mr. Elighy addressed the Board with a three-part variance request. Mr. Elighy addressed the first variance and made reference to the site plan and indicated the proposed interior sports court with a height of 16-feet, to be located in the basement of the proposed garage addition. Mr. Elighy made reference to the site plan and indicated the 4.4-foot encroachment into the average lakeside setback for the construction of an addition for a four (4)-car garage, master suite, and concrete decks and expand the great room. Mr. Elighy identified the last variance request to include construction of a chimney, changing the existing roofline, and enclose the existing 20’ x 20’ x 16.3’ gazebo, screened with proposed evergreen plantings.

Ms. Reisinger made mention of the comments received regarding the variance from The Island, Lower Long and Forest Lake Property Owners Association.

Motion by Mr. Taylor, Seconded by Ms. Reisinger in regard to the appeal at 1576 Apple Lane to renovate an existing gazebo and for the construction of an interior sports court, that the request be approved as submitted, and the variance for the construction of an addition encroaching 4.4-feet into the required 42 ft. lakeside setback, and to renovate an existing 16.3’ high detached gazebo 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.

(12) 817 Palms Road – Casadei Development

Mr. Bob Casadei of Casadei Homes, was present seeking approval for the construction of accessory structures, two existing stone retaining walls screened with proposed trees and plantings, having a 6.7 ft. separation, with an overall height of 7.2 ft., located in a side yard 4.2 ft. from the easterly side lot line, Lot 10, Eastway’s Farm Subdivision, Section 11. 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 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. (19-11-226-022)

Mr. Casadei addressed the Board with the request for two (2) existing stone retaining walls. Mr. Casadei made reference to the site plan and indicated the severe grade change between the home and the natural topography of the area. Mr. Casadei stated the existing retaining walls are functional and an integral part of the landscaping, which has been completed. Mr. Casadei commented the Eastway’s Farm Association has provided their comments for the variance request.

Mr. Venkata Paruchuri, resident at 2552 Ginger Court, was present and asked for additional screening of the bay window.

The Board discussed additional screening and suggested the additional screening be worked out with the homeowner and adjacent property owner.

Mr. Casadei replied the property has been completely landscaped and the sod has been installed.

Ms. Patti McCullough, Planning and Building Director, commented to the Board the applicant is seeking a variance for two (2) existing stone retaining walls. Ms. McCullough suggested if the Board requires screening of the existing stone retaining walls it would need to be addressed within the motion.

Mr. Buckley commented given the situation and with the Builder residing within the subdivision, he indicated the situation would be resolved and entrusted to work the screening out between the property owner and the neighbor at 2552 Ginger Court.

Motion by Mr. Buckley, Seconded by Ms. Seneker in regard to the appeal at 817 Palms Road for two (2) existing stone retaining walls, that the request be approved as submitted, and the variance for the two (2) existing retaining walls within a required 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 provide a revised site plan to the Building Department prior to the final grade inspection.

Motion carried, 6 – 0.

(13) 73 Highland Drive – M. Priebe & T. Paulian

Mr. Benjamin Clark of Trade Masters Inc, was present seeking approval for the construction of an accessory structure, a proposed 24’ x 24’ x 12.3’ high detached garage with electrical service, screened with existing trees and proposed evergreen plantings, located in a rear yard 3 ft. from the westerly side lot line and approximately 55 ft. from the rear lot line. Also seeking approval to encroach 11 ft. into the required 16 ft. side yard setback for the construction of a proposed single story addition to the existing non-conforming building, located 5 ft. from the easterly side lot line, Lot 7, Hadsell’s Addition to Bloomfield Highlands, Section 4. 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 42-558 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 16 ft. in the side yard setback. (19-04-401-011)

Mr. Clark addressed the Board with a request for the construction of a 24’ x 24’ x 12.

3. high’ detached garage to be located on the east side of the property. Mr. Clark made reference to the site plan and indicated the revised location of the detached garage. Mr. Clark indicated the proposed garage would be located 5-feet from the easterly side lot line and 48.5-feet from the rear lot line.

Chairman Khederian questioned was the request for the proposed garage noticed.

Ms. Patti McCullough, Planning and Building Director, commented the revised proposal for the relocation of the detached garage would require being re-noticed. Ms. McCullough commented the Board could address the variance for the single story addition.

Mr. Clark made reference to the site plan and indicated the existing garage would be utilized as a master bedroom and addressed the proposed single story addition to encroach 11-feet into the side yard setback located 5-feet from the easterly side lot line. Mr. Clark indicated the proposed addition would include a first floor laundry room and walk-in closet. Mr. Clark stated the material to be used for the proposed single story addition would be vinyl siding matching the existing structure.

Ms. Yvonne Ladd, resident at 83 Highland Drive, was present and spoke in support of the proposed single story addition and to convert the existing garage into a master bedroom.

Mr. Clark asked the Board to withdraw the request for the proposed 24’ x 24’ x 12.3’ high detached garage as requested.

Ms. Seneker made mention of the letter received in opposition from Mr. Keith Laponsa, resident at 154 N. Berkshire.

Motion by Mr. Henry, Seconded by Mr. Taylor in regard to the appeal at 73 Highland Drive for the construction of an addition to the existing non-conforming building located 5-feet from the easterly side 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. Petitioner must submit a ZBA application for the detached garage within ten (10) business days, to allow for the item to be placed on the November 20th, 2007 ZBA agenda.

Motion carried, 6 – 0.

(14) 1330 Square Lake Road East – J. Basso

Mr. Christopher Hornbeck of Lawrence Hornbeck and Associates, was present seeking approval for the construction of an accessory structure, a proposed stone retaining wall with an overall height of 5.6 ft., screened with existing trees and proposed plantings, located in a front yard .8 ft. from the front lot line, 35 ft. from the westerly side lot line, and 70 ft. from the easterly side lot line, Lot 29, Kentmoor No. 1, Section 12. The Code of the Charter Township of Bloomfield, Chapter 42, Article IV, Section 42-559 states that accessory structures shall not be located in any required yard, except a rear yard, shall be screened from adjacent residences with evergreen and deciduous material, which will obscure view twelve (12) month of the year, and shall require the review and approval of the Zoning Board of Appeals. (19-12-201-016)

Mr. Hornbeck addressed the Board with the request for a proposed stone retaining wall with an overall height of 5.6-feet. Mr. Hornbeck made reference to the site plan and indicated the existing home’s finished front grade and commented the purpose of the retaining wall would be to create a front yard terrace and to retain the grade by utilizing the proposed retaining wall. Mr. Hornbeck commented the existing berm and trees would screen the proposed stone retaining wall. Mr. Hornbeck stated the materials of the proposed retaining wall would match the existing home.

Chairman Khederian made mention of the comments provided from Kentmoor Homeowners Association regarding the variance request.

Motion by Ms. Reisinger, Seconded by Mr. Buckley in regard to the appeal at 1330 Square Lake Road for the construction of a retaining wall, that the request be approved as submitted, and the variance for the construction of a retaining wall 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 a permit.

Motion carried, 6 – 0.

(15) 1327 Lone Pine Road – R. Glisky

Mr. Richard Glisky, homeowner, was present seeking approval for an existing accessory structure, a 5 ft. high concrete wall, screened with existing trees and proposed plantings, located in a rear yard 7.5 ft. from the easterly side lot line and approximately 20 ft. from the rear lot line. Also seeking approval for an existing 6 ft. high cedar privacy fence, located in a rear yard above the existing 5 ft. high concrete wall, having an overall height of 11 ft., Lot 22, 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. Chapter 42, Article IV, Section 42-566 states that fences in a residential district shall not exceed 4 ft. in height. (19-20-403-002)

Mr. Glisky addressed the Board with the request for the existing 5-foot high concrete wall with the existing 6-foot high cedar privacy fence, with an overall height of 11-feet located in the rear yard, 7.5-feet from the easterly side lot line. Mr. Glisky stated Detroit Edison cleared the area on the property and cut down the trees on his property, destroying the existing retaining wall of timbers and leaving a major drop-off. Mr. Glisky stated he hired contractors to repair the retaining wall and install a privacy fence on top of the retaining wall. Mr. Glisky apologized to the Board for his inaction on this matter. Mr. Glisky stated he assumed the proper permits were obtained for the retaining wall and fence until a stop work order was placed by the Bloomfield Township Ordinance Department. Mr. Glisky commented to the Board he hopes to resolve the issue by working with the neighbors and the homeowners association.

Mr. Taylor questioned how long has he owned the property.

Mr. Glisky replied he has owned the property nine (9) years.

Ms. Michelle Margosian, resident at 5375 Echo Road, and Dells of Bloomfield Association Board Member, was present and spoke in opposition of the variance request. Ms. Margosian stated the existing concrete retaining wall and privacy fence is 58-feet in length from 1315 Lone Pine Road through 1327 Lone Pine Road.

Mr. Robert Heuer, resident at 5024 Forest Way, was present and questioned the potential drainage issue.

Mr. Glisky replied there were no changes made to the retaining wall to cause a drainage issue onto adjacent neighboring properties.

Mr. Taylor questioned the previous retaining wall prior to the damage created by Detroit Edison.

Mr. Glisky replied the previous retaining wall prior to Detroit Edison damage was a railroad style wall with a metal handrail.

The Board deliberated the history and comments made of the property and the existing retaining wall and privacy fence.

Ms. Reisinger commented to the Board to address the variance requests individually.

Motion by Ms. Reisinger, Seconded by Mr. Taylor in regard to the appeal at 1327 Lone Pine Road for the construction of an existing concrete retaining wall, that the request be approved as submitted based on the information presented, the applicant did demonstrate compliance with Section 42-55 Standards. Petitioner must submit a permit application within five (5) business days and submit a detailed landscape plan to the Building Department for potential drainage issues to be reviewed by the Building and Engineering & Environmental Services Departments.

Motion carried, 6 – 0.

Motion by Ms. Reisinger, Seconded by Mr. Taylor in regard to the appeal at 1327 Lone Pine Road for the existing 6-foot high fence located over the existing 5-foot high retaining wall, that the request be denied as submitted without prejudice. Based on the information presented, the applicant did not demonstrate all of the

following. Compliance would not be unduly burdensome, given the comments received, there is injustice to the adjoining neighbors, there are no unique circumstances with the property to have a 6-foot high privacy fence, and it is self-created. The petitioner is to seek other solutions for a wooden fence. The existing 6-foot high privacy fence is to be removed within 30 days from the approval of the minutes.

Motion carried, 6 – 0.

Motion by Ms. Reisinger, Seconded by Mr. Taylor in regard to the appeal at 1327 Lone Pine Road for the location of the existing 5-foot concrete retaining wall at 7.5-feet from the easterly side 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 unique circumstances with the property, and the damage created by Detroit Edison.

Motion carried, 6 – 0.

(16) 3522 Maxwell Court – J. Mosteller

Ms. Judy Mosteller, homeowner, was present seeking approval for the construction of an accessory structure, a proposed 9.2’ x 9.2’ x 9.5’ high gazebo, screened with existing trees, located in a rear yard 6 ft. from the rear lot line and more than 16 ft. from the side lot lines, Lot 7, Mercer Place, Section 27. 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. (19-27-102-007)

Ms. Mosteller addressed the Board with the request for the construction of a gazebo, screened with existing trees. Ms. Mosteller stated the dimension of the proposed gazebo would be 7.2’ x 9.2’ x 9.5’ high. Ms. Mosteller made reference to the site plan and indicated the proposed location of the gazebo to be located 6-feet from the rear lot line and more than 16-feet from the side lot lines. Ms. Mosteller made reference to the photographs and indicated the rear yard is wooded and secluded from the adjacent neighbors.

Motion by Mr. Taylor, Seconded by Ms. Seneker in regard to the appeal at 3522 Maxwell Court for the construction of a proposed gazebo, that the request be approved as submitted, and the variance for the construction of a proposed gazebo located 6-feet from the rear 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 a permit.

Motion carried, 6 – 0.

(17) (This item has been rescheduled at the petitioners request to the November 20th meeting)

Seeking approval for the construction of an accessory structure, a proposed 22’ x 26’ x 11.5’ high detached garage with electrical service, screened with existing trees and proposed evergreen plantings, located in a secondary front yard 16.5 ft. from the northerly side lot line and 123.8 ft. from the front lot line, Telegraph Road frontage. Also seeking approval for the installation of a proposed gate with an overall height of 5’, located in a secondary front yard between the existing home and the proposed detached garage, Telegraph Road frontage, Lot 14, Sheffield Country Estates Subdivision, Section 21. 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. (Michael Halsband & Elizabeth Browning, 4558 Ranch Lane, 19-21-126-005)

(18) 230 Woodedge Drive – M. Wright

Mr. Martin Wright, homeowner, along with Mr. David Force Builder, were present seeking approval for the existing fencing and accessory use/structures to remain after demolition of the existing home, Acreage Parcel, Section 10:

The Code of the Charter Township of Bloomfield, Chapter 42, Article I, Section 42-3 states that an accessory use/structure is 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 an accessory structure 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 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. Chapter 42, Article III, Section 42-527 requires a minimum of 16 ft. in the side yard setback. The Code of the Charter Township of Bloomfield, Chapter 42, Article IV, Section 42-566 states fences in a residential district must be located in a side or rear yard and shall not exceed 4 ft. in height. (19-10-251-012)

Mr. Wright addressed the Board with a five-part variance request. Mr. Wright made reference to the site plan and indicated the accessory structures to remain on site after demolition of the existing home. Mr. Wright stated the existing swimming pool would be removed as part of the demolition. Mr. Wright indicated on the site plan the 42’ x 34.6’ x 22’ high attached garage with gas, electric and plumbing, screened with existing trees, located 77.4-feet from the front lot line and 15.9-feet from the easterly side lot line. Mr. Wright state the existing garage does not have kitchen facilities. Mr. Wright addressed the second request for the 26’ x 34.8’ x 20.5’ high detached garage with electrical service only, to remain on site. Mr. Wright made reference to the site plan and indicated the location and the existing trees that screen the garage. Mr. Wright addressed the vinyl and chain link fence, and indicated the location along the side and rear lot lines, with an overall height of 6-feet. Mr. Wright identified the wood retaining wall with an overall height of 4.1ft.located 1.7-feet from the easterly side lot line and 11.7-feet from the rear lot line. Mr. Wright addressed the last variance request, a 13.3’ x 9.3’ x 8.8’ high play structure, screened with existing trees, located more than 16-feet from the side and rear lot lines.

Motion by Ms. Reisinger, Seconded by Mr. Taylor in regard to the appeal at 230 Woodedge Drive for two (2) existing garages, an existing retaining wall, and an existing play structure, that the request be approved as submitted, and the variance for an existing 22’ high garage located 15.9 ft. from the easterly lot line, an existing 20.5’ high garage, existing fencing with an overall height of 6 ft., an existing retaining wall with an overall height of 4.1 ft., and a play structure to remain after demolition of the existing home 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 submit a certificate of occupancy application if demolition permit is not issued.

Motion carried, 6 – 0.

(19) 7297 Kingswood Drive – G. Belian

Mrs. Belian, homeowner, was present seeking approval to expand an accessory structure, an existing 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. (19-31-451-008)

Mrs. Belian addressed the Board with the request to repair the existing 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. Mrs. Belian made reference to the survey and stated the existing retaining wall was not located on the adjacent property of 7285 Kingswood Drive. Mrs. Belian made reference to the photographs and stated the existing retaining wall has protected the soil from washing away from under the existing deck. Ms. Belian stated the only work to be performed would be to reinforce and repair the weak areas to give stability to the existing retaining wall.

Ms. Reisinger made mention of four (4) letters received in support of the variance request from Dr. and Mrs. James Stewart, residents at 4782 Crestview Court, Dr. and Mrs. Stefan Korcek, residents at 4778 Crestview Court, Mr. and Mrs. S.L. Hsu, residents at 7309 Kingswood Drive, and Mr. and Mrs. Ken Jones, residents at 7290 Kingswood Drive.

Ms. Connie Kenty, resident at 4706 Pickering Road, was present and spoke in support of the variance request.

Motion by Mr. Henry, Seconded by Ms. Seneker in regard to the appeal at 7297 Kingswood Drive to expand and repair an existing retaining wall, that the request be approved as submitted, and to expand an existing non-conforming retaining wall within the required side yard setback 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 submit a building permit application within 30-days to the Building Department.

Motion carried, 6 – 0.

(20) 2343 & 2385 Telegraph Road South - Costco

Seeking approval for two existing accessory structures, one 8’ x 42’ x 13.5’ high temporary storage trailer and one 8’ x 24’ x 11’ high temporary office trailer, both trailers have lattice skirting, are located in the southerly Costco Warehouse parking lot, and will be removed before October 24th, 2007, Acreage Parcel, Section 5. The Code of the Charter Township of Bloomfield, 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. (19-05-476-081; 086)

Ms. Patti McCullough, Planning and Building Director, addressed the Board with the request for one existing 8’ x 42’ x 13.5’ high temporary storage trailer and one 8’ x 24’ x 11’ high temporary office trailer. Ms. McCullough made reference to the site plan and indicated the trailers are placed in the southerly Costco Warehouse parking lot, screened with lattice skirting. Ms. McCullough stated the temporary trailers would be removed before October 24th, 2007.

Motion by Ms. Seneker, Seconded by Mr. Buckley in regard to the appeal at 2343 and 2385 Telegraph Road for the installation of two temporary trailers, that the request be approved as submitted, and the variance for the installation of two temporary trailers located in the southerly Costco Warehouse parking lot 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. Temporary trailers to be removed before October 24th, 2007. Petitioner must obtain all necessary permits.

Motion carried, 6 – 0.

(21) 1765 Telegraph Road – Smart Car

Mr. Al Paas of DesRosiers Architects, was present seeking approval for the following permission requests and dimensional variances to allow renovations for Acreage Parcel, Section 6:

The Code of the Charter Township of Bloomfield, Article IV, Section 42-559 states that accessory structures shall not be erected in any required yard, except a rear yard, shall not be located closer than sixteen (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, Article IV, Section 42-566 states that fences must be located in a side or front yard and shall exceed 4 ft. in height. The Code of the Charter Township of Bloomfield, Article III, Section 42-527 requires a minimum 25 ft. front yard parking setback, and a minimum of 10 ft. side yard parking setback. (19-06-226-004)

Mr. Paas addressed the Board with a five-part variance request. Mr. Paas made reference to the site plan and indicated the proposed construction for the demonstration area for Smart Car customers. Mr. Paas stated the demonstration area would be utilized by customers to test-drive the vehicle without the necessity of driving on the public street. Mr. Paas made reference to the proposed site plan and indicated the demonstration area would be screened with existing and proposed plantings. Mr. Paas addressed the existing 6-foot high chain link fence, located along the secondary front lot line of Fairfax Road frontage. Mr. Paas stated the existing 6-foot high fence would be screened with vine plantings and made reference to the landscape plan. Mr. Paas requested a 6-foot front yard parking setback at Telegraph Road and a 0-foot front yard parking setback at Fairfax Road. Mr. Paas made reference to the site plan and indicated a 6-foot side yard parking setback from the northerly side lot line, with a minimum of a 10-foot side yard parking setback required along Telegraph Road. Mr. Paas addressed the last variance request to relocate the existing 20’ x 30’ dumpster enclosure, to be located in a side yard 0-feet from the northerly lot line and 37.5-feet from the secondary front lot line of Fairfax Road frontage. Mr. Paas indicated the new dumpster location would be screened with masonry walls and steel framed wooden gates. Mr. Paas stated the new location would allow for better access from the rubbish company.

Ms. Reisinger made mention of the Planning Commission meeting and stated this is the first Smart Car dealership to be obtained within the United States. Ms. Reisinger commented this dealership would be utilized as the headquarters for demonstration purposes for the set-up of a Smart Car dealership and demonstration area.

Motion by Mr. Henry, Seconded by Mr. Buckley in regard to the appeal at 1765 Telegraph Road for the construction of an demonstration area and the relocation of a dumpster enclosure, that the request be approved as submitted, and for the construction of a demonstration area located within the required 16-foot side yard setbacks, a 6-foot front yard parking setback at Telegraph, a 0-foot front yard parking setback at Fairfax, a 6-foot side yard parking setback from the northerly lot line, to relocate a dumpster enclosure in a side yard 0-feet from the northerly side lot line, the relocation of a dumpster enclosure located in a side yard within the required 16-feet side and rear yard setback, and to retain the existing 6-foot high fence located along Fairfax Road frontage 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.

IV. GENERAL BUSINESS

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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