Zoning Board of Appeals Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
ZONING BOARD OF APPEALS AGENDA
Tuesday, November 20th, 2007 – 7:00 P.M.
Bloomfield Township Hall

Welcome to the Bloomfield Township Zoning Board of Appeals Meeting of November 20^th, 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.

Ms. Carol Rosati addressed the audience by reading the opening statement.

ATTENDANCE: Board Members James Aldrich, David Buckley, Brian Henry, Brian Kepes, Carol Rosati, Lisa Seneker, and Robert Taylor.

ABSENT: Corinne Khederian, and Jane Reisinger

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

a. Tabled Items

Mr. Kevin Bannon, Attorney, was 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 accessory, a 9’ x 7’ x 7’ high storage shed. Mr. Bannon indicated the homeowner’s association has submitted their comments in opposition, but he had not had the chance to the review the comments.

Chairman Aldrich provided a copy of the homeowner’s association letter to Mr. Bannon for his review.

Mr. Bannon reviewed the letter and confirmed the setback distance as noticed and felt the screening was adequate.

Mr. Kepes questioned the purpose of the existing shed.

Mr. Bannon replied the purpose of the existing shed was for general storage.

Ms. Rosati questioned if the existing trees were deciduous.

Mr. Bannon replied the existing trees are deciduous and indicated on the site plan the additional arborvitaes that were planted for additional screening purposes.

Mr. Henry questioned the specific area chosen for placement, and could the shed be relocated.

Mr. Bannon replied the existing shed was in the best location and that it would not negatively impact the neighbors.

The Board discussed other areas within the property that the shed could be relocated.

Mr. John Davis, resident at 3711 Thornbrier Way, was present and provided a photograph of the existing shed from his property. Mr. Davis stated the screening was insufficient and spoke in opposition of the variance request.

Mr. Richard Weis, resident at 3731 Thornbrier Way, was present and spoke in opposition of the variance request and stated the shed is poorly screened.

Mr. Bannon stated additional screening of the shed could be provided to satisfy the Board.

Mr. Brian Gorzyrski, Architect, was present seeking approval to encroach 18.6 ft. into the required 40 ft. front yard setback for existing renovations to the existing non-conforming open porch addition, located 21.4 ft. from the front lot line, Worlington Drive frontage. Also seeking approval to encroach 9.7 ft. into the required 40 ft. front yard setback for proposed renovations to the existing non-conforming sunroom addition, located 30.3 ft. from the front lot line, Worlington Drive frontage. Lot 81, 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. (19-29-451-011)

Mr. Gorzyrski addressed the Board with the request to encroach 18.6-feet into the front yard setback for an existing open porch addition, and a 9.7-foot encroachment into the front yard setback for the renovations to the existing sunroom. Mr. Gorzyrski stated the variances requested are for an existing non-conforming structure. Mr. Gorzyrski referred to the site plan and indicated the existing home was being restored to its historical condition with an addition of a gable roof to the sunroom. Mr. Gorzyrski indicated on the site plan the existing road that was cut into which left a front yard setback of 30-feet.

Ms. Rosati questioned if the renovations were being made to the existing non-conforming footprint of the home.

Mr. Gorzyrski replied the renovations are being made to the existing non-conforming footprint of the home.

Mr. Robert G. Clarks of CBI Architechts was present seeking approval to encroach 5 ft. into the required 40 ft. front yard setback for proposed renovations to the existing covered porch, located 35 ft. from the front lot line. Also seeking approval to encroach 3.1 ft. into the required 16 ft. side yard setback and 9.1 ft. into the required 35 ft. rear yard setback for the construction of a proposed single story addition, located 12.9 ft. from the southerly side lot line and 25.9 ft. from the rear lot line. The existing home is currently non-conforming. Part of Lot 196 and 198 and all of Lot 197, 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, a minimum of 16 ft. in the side yard setbacks, and a minimum of 35 ft. in the rear yard setback. (19-29-381-003)

Mr. Clark addressed the Board with the request to encroach 5-feet into the front yard setback for proposed renovations to the existing covered porch and a 3.1-foot encroachment into the side yard and 9.1-feet into the rear yard setback for the construction of a proposed single story addition. Mr. Clark stated the Board previously approved the requests on June 8^th, 2004, but delayed the project due to a poor economy. Mr. Clark made reference to the site plan and indicated the front porch of the residence is existing non-conforming. Mr. Clark sated the proposed plan is to install new columns supporting the porch. Mr. Clark indicated on the site plan the south side yard setback with the relationship to the existing home and asked for 3.1-foot encroachment into the side yard. Mr. Clark made reference to the proposed site plan and addressed the 9.1-foot encroachment into the rear yard setback to allow for the proposed construction of a single story addition. Mr. Clark stated the proposed variances have not changed from the June 8^th, 2004 request.

Motion carried, 7 – 0.

Mr. Thomas Cote, homeowner, was present seeking approval to encroach 4 ft. into the required 40 ft. front yard setback for renovations to an existing non-conforming porch addition, located 36 ft. from the secondary front lot line, Bradway Blvd. frontage, Lot 566, Judson Bradway’s Bloomfield Village No. 1, Section 27. 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. (19-27-376-001)

Mr. Cote addressed the Board with the request to encroach 4-feet into the secondary front yard setback for renovations to an existing non-conforming porch addition. Mr. Cote made reference to the proposed site plan and indicated the home is on a corner lot. Mr. Cote stated the proposed renovations are due to deterioration and indicated the flat roof was being changed to a pitched roof. Mr. Cote submitted Bloomfield Village comments to the Board.

Ms. Seneker made mention of the letter submitted from Ms. Loretta Wenger, resident at 3355 Bradway Boulevard, in support of the variance request.

Mr. Jeffery Jarvis, owner, was present seeking approval for a 4.3 ft. encroachment into the required 10 ft. side yard setback for proposed renovations to the existing non-conforming building, located 5.7 ft. from the easterly side lot line. Also seeking approval for a 0 ft. westerly side yard parking setback and a 2 ft. easterly side yard parking setback to allow proposed renovations on that part of Lot 166 lying within Bloomfield Township, Hammond Lake Estates No. 5, Section 6. 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 states that off-street parking shall be permitted to occupy a front or side yard in excess of the minimum parking setbacks, which are 10 ft. in the side yards, after approval of the parking plan layout and points of access by the Zoning Board of Appeals. (19-06-151-004)

Mr. Jarvis addressed the Board with proposed renovations to the existing building and parking area. Mr. Jarvis stated the variance requests were heard at the Design Review Board meeting on October 16^th, 2007. Mr. Jarvis made reference to the site plan and addressed the proposed renovations. Mr. Jarvis stated the building would be painted, lattice installed for screening the HVAC units on the roof, and install metal roofing to replace the singles on the vaulted front of the building. Mr. Jarvis indicated on the site plan the proposed parking lot would be constructed of asphalt with curbs. Mr. Jarvis commented the lot is very narrow with the existing parking area and indicated the rear parking area is currently paved but would require a topcoat of asphalt. Mr. Jarvis submitted a landscape plan to the Board.

Mr. Charles Buaudet, resident at 1912 Lakeland, was present and questioned would this request produce additional noise.

Mr. Jarvis replied the proposed tenant would be an insurance company and with the proposed renovations under way, additional noise is not intended.

Ms. Seneker questioned how the remaining portion of the building, which is not in the Township, affects Bloomfield Township.

Ms. Patti McCullough, Planning and Building Director, stated that Bloomfield Township would not be negatively impacted and commented that additional variances would need to be obtained from the other jurisdictions.

Mr. Todd Bergsman of Hunter Roberts Homes, was present seeking approval to encroach 8.7 ft. into the required 16 ft. side yard setback for the installation of accessory structures, two existing and one proposed air-conditioning units, screened from view with existing trees and proposed evergreen plantings, located in a side yard 7.3 ft. from the westerly side lot line, Lot 958, Judson Bradway’s Bloomfield Village No. 4, Section 27. 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. (19-27-351-015)

Mr. Bergsman addressed the Board with the request to encroach 8.7-feet into the side yard setback for the installation of two (2) existing and one (1) proposed air-conditioning units to be screened from view with existing trees and proposed evergreen plantings. Mr. Bergsman made reference to the site plan and indicated the two (2) existing air-conditioning units located at the corner of the residence. Mr. Bergsman stated the proposed air-conditioning unit would be placed immediately adjacent to the two (2) existing air-conditioning units. Mr. Bergsman commented all three (3) of the air-conditioning units would be screened with additional evergreens. Mr. Bergsman indicated comments from Bloomfield Village Association have been submitted.

Mr. Jeffery Schlussel, Attorney, was present on behalf of the owner seeking approval to encroach 9 ft. into the required 15 ft. street side setback for the construction of a proposed 6.4’ x 5’ high (32 sq. ft.) ground sign, located 6 ft. from the front lot line, Telegraph Road frontage, Lots 10 to 18, Birmingham Farms, Section 32. The Code of the Charter Township of Bloomfield, Chapter 42, Article IV, Section 42-568

requires a 15 ft. street side setback for all ground signs within the R-M (Multi-Family) zoned district, and requires the review and approval of the Zoning Board of Appeals. (19-32-278-006)

Mr. Schlussel addressed the Board with the request to encroach 9-feet into the required 15-foot street side setback for the construction of a proposed 6.4’ x 5’ high ground sign. Mr. Schlussel stated the variances being sought was due to the current characteristics of the property that hindered visibility from Telegraph Road. Mr. Schlussel made reference to the site plan and indicated the proposed ground sign would be located 6-feet from the front lot line of Telegraph Road frontage.

Mrs. Helen Orr, resident at 6995 Sandlewood Drive, was present and spoke in opposition of the variance request.

Mr. Henry Orr, resident at 6995 Sandlewood Drive, was present and spoke in opposition of the variance request.

Ms. Karen Myerson, resident at 6963 Sandlewood Drive, was present and spoke in opposition of the variance request.

Ms. Constance Silver, resident at 6975 Sandlewood Drive, was present and spoke in opposition of the variance request.

Mr. Schlussel addressed the neighbors concerns and stated the existing blue signs were to be removed.

Mr. Steve Carson, property owner, was present and stated the proposed ground sign was previously approved by the Township Design Review Board on August 27^th, 2007.

The Board discussed the size and placement of the proposed sign with the neighbors and applicant.

Mr. Buckley suggested to Mr. Carson to discuss the variance request with the neighbor.

Mr. James Mumby of Fanning/Howey Associates Inc., Architect, was present seeking approval to encroach 13.3 ft. into the required 13.3 ft. setback for the construction of a 5’ x 5’ (25 sq. ft.) ground sign, located on the northerly front lot line, Lone Pine Road frontage, and 28 ft. from the westerly front lot line, Telegraph Road frontage, with 40 ft. to the closest point of the building, Acreage Parcel, Section 21. The Code of the Charter Township of Bloomfield, Chapter 42, Article IV, Section 42-568 requires ground signs, within residential districts, to be set back from the lot line at least one-third (1/3) of the distance from the lot line to the nearest building. (19-21-351-004)

Mr. Mumby addressed the Board with a request to encroach 13.3-feet into the required 13.3-feet for the construction of a 5’ x 5’ (25 sq. ft.) ground sign, located on the northerly lot line of Lone Pine Road frontage, with 40-feet to the closest point of the building.

Mr. Mumby stated the proposed sign would be black granite with silver lettering. Mr. Mumby made reference to the site plan and indicated the proposed sign would assist in visibility to motorists along Telegraph and Lone Pine Road. Mr. Mumby stated the proposed placement would preserve existing landscaping and provide a better overall appearance. Mr. Mumby stated the Design Review Board approved the proposed sign on November 11^th, 2007.

Mr. Benjamin Clark of Trade Masters Inc., was present seeking approval for the construction of an accessory structure, a proposed 24’ x 24’ x 13’ high detached garage with electrical service, screened with existing and proposed evergreen plantings, located in a rear yard 5 ft. from the easterly side lot line and 48.5 ft. from the rear 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, that such vegetation shall be maintained in a healthy condition, and shall require the review and approval of the Zoning Board of Appeals. (19-04-401-011)

Mr. Clark addressed the Board with the request for the construction of a proposed 24’ x 24’ x 13’ high detached garage to be located in the rear yard 5-feet from the easterly side lot line and 48.5-feet from the rear lot line. Mr. Clark made reference to the site plan and indicated the existing garage would be converted into a master suite to provide adequate space for the family. Mr. Clark indicated on the site plan to the Board that the proposed detached garage would be the best location given the size of the lot. Mr. Clark stated the proposed garage would only have electrical service installed with no mechanical or plumbing utilities to be installed. Mr. Clark commented the proposed garage would be brick and vinyl siding to match the existing structure. Mr. Clark stated the neighbors had no objection to the proposed detached garage.

Motion carried, 7 – 0.

Mr. Michael Halsband, homeowner, was present 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. (19-21-126-005)

Mr. Halsband addressed the Board with the request for the construction of a proposed 22’ x 26’ x11.5’ high detached garage and indicated the use would be for storage and vintage automobiles. Mr. Halsband made reference to the proposed plan and stated the detached garage would be aesthetically pleasing and screened from view. Mr. Halsband referred to the site plan and indicated the lot had two frontages. Mr. Halsband referred to the site plan and indicated the proposed gate with an overall height of 5-feet, located in a secondary front yard between the existing home and the proposed detached garage, of Telegraph Road frontage.

Mr. Richard Boschert, resident at 4544 Ranch Lane, was present and spoke in opposition of the variance requests. Mr. Boschert submitted a letter to the Board signed by surrounding neighbors in opposition of the variance requests.

Ms. Sherri Kollin, resident at 4530 Ranch Lane, was present and spoke in opposition of the variance requests.

Mr. Buckley questioned the reason for a detached garage vs. an attached garage.

Mr. Halsband stated the existing sunroom, which is utilized as living space, would not allow for the attachment and commented the structure would encroach into the front yard setback if aligned with the existing home.

Mr. Boschert presented photographs to the Board indicating his position of the visibility for the proposed detached garage.

Mr. Halsband replied the proposed detached garage location would not negatively impact the Boschert residence. Mr. Halsband commented that additional evergreen screening is an option to screen the view.

Mr. Kepes suggested significant evergreen screening be installed to screen the garage completely from view.

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 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, that such vegetation shall be maintained in a healthy condition, and that ground mounted mechanical and electrical equipment shall not be located in the required 16 ft. side yard setback. 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, Section 42-573 requires a 25 ft. setback from the boundary or edge of a wetland and natural feature. (19-08-451-011)

Mr. Soulliere addressed the Board with a seven-part variance request. Mr. Soulliere made reference to the site plan and indicted the two (2) proposed 2.3’ x 2.3’ x 6’ high limestone piers, located in the front yard on each side of the driveway entrance with proposed plantings. Mr. Soulliere indicated the proposed electronic gate with an overall height of 6-feet located in the front yard between two (2) proposed piers. Mr. Soulliere made reference to the site plan and addressed the two (2) proposed limestone retaining walls with an overall height of 4-feet to be screened with plantings to be located in the front yard on each side of the driveway entrance. Mr. Soulliere made reference to the proposed retaining wall with an overall height of 3.2-feet located in the front and side yards along the westerly side lot line, to be screened with proposed plantings. Mr. Soulliere indicated on the site plan the four (4) existing air-conditioning units located in the side yard to be screened with proposed plantings. Mr. Soulliere made reference to the existing 12.7’ x 11.5’ x 4’ high deck located in the rear yard at the water’s edge 40.6-feet from the easterly side lot line and 19.7-feet from the westerly side lot line. Mr. Soulliere provided a letter to the Board stating that the deck had been there for several years. Mr. Soulliere indicated the existing 5.3’ x 11.5’ x 8.1’ high pergola located in the rear yard at the water’s edge above the existing deck.

Mr. Melvin Vanderbrug, resident at 1291 Porters Lane, was present and commented as to the proposed gate having a military appearance.

Mr. Taylor questioned the size and the configuration of the gate.

Mr. Soulliere replied the existing gates are higher and that the owner has requested a smoother design for the gate.

Chairman Aldrich questioned the landscaping around the proposed piers.

Mr. Soulliere replied the landscaping for the proposed piers would be of evergreen and deciduous plantings.

Mr. Robert Taylor, Board member, recused himself from the next item he is the homeowner.

Mr. Michael Jazdyk of MJ Diversified, was present seeking approval for the construction of an accessory structure, a 10’ x 14’ x 9’ high proposed pergola extending from the wall of the building, screened with existing trees and proposed plantings, located in a side yard 26 ft. from the southerly side lot line and approximately 75 ft. from the rear lot line, Lot 460, Westchester Village No. 3, Section 34. The Code of the Charter Township of Bloomfield, Chapter 42, Article IV, Section 42-599 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 that such vegetation shall be maintained in a healthy condition. (19-34-101-013)

Mr. Jazdyk addressed the Board with the request to construct a 10’ x 14’ x 9’ high proposed pergola extending from the wall of the garage. Mr. Jazdyk made reference to the proposed site plan and stated the proposed pergola would provide shade in the area where trees were lost from previous storms. Mr. Jazdyk indicated the proposed pergola would be made of cedar and treated wood, painted white to match the existing home, with proposed wisteria vines to be installed.

Mr. Ross Schoenherr of Schoenherr Homes, was present seeking approval for the following permission requests and dimensional variances to allow renovations to the existing home on Lots 61 and 62, Telegraph-Square Lake Acres Subdivision, Section 5:

The construction of proposed limestone retaining walls with an overall height of 13.5 ft., screened with existing and proposed plantings, located in the front and easterly side yards.

The installation of a proposed stand-by generator, screened with existing and proposed plantings, located in a side yard 30 ft. from the wall of the building and 16 ft. from the easterly side lot line.

The construction of a proposed 17’ x 7’ x 4’ high permanent brick and limestone outdoor kitchenette, screened with existing and proposed plantings, located in a rear yard extending from the wall of the building more than 16 ft. from the side and rear lot lines.

The construction of a proposed 45’ x 90’ sports court with two 17.5 ft. high light fixtures, screened with existing and proposed plantings, located in a rear yard 11 ft. from the easterly side lot line and 92 ft. from the rear lot line.

The construction of four (4) 8’ x 20’ x 9’ high proposed pergolas, screened with existing and proposed plantings, located in a rear yard more than 16 ft. from the side and rear lot lines.

The construction of a 4’ x 8’ x 14’ high proposed brick and limestone gas fireplace, screened with existing and proposed plantings, located in a rear yard more than 16 ft. from side and rear lot lines.

The construction of a 35’ x 12’ x 14’ high proposed cabana with kitchen and bath facilities, screened with existing and proposed plantings, located in a rear yard more than 16 ft. from side and rear lot lines.

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 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, such vegetation shall be maintained in a health condition, and shall require the review and approval of the Zoning Board of Appeals, and that ground mounted mechanical or electrical equipment may be placed in any side yard when placed immediately adjacent to the wall of the building. (19-05-377-039)

Mr. Schoenherr addressed the Board with a seven-part variance request. Mr. Schoenherr made reference to the site plan and addressed the construction of proposed limestone retaining walls with an overall height of 13.5-feet located in the front and easterly side yards to be screened with proposed plantings. Mr. Schoenherr stated the existing driveway is narrow to allow access into the garage without considerable maneuvering.

Mr. Schoenherr stated that the proposed retaining wall is to support the driveway and replace the steep incline the presently exists. Mr. Schoenherr indicated on the site plan the proposed stand-by generator located in a side yard 30-feet from the wall of the building and 16-feet from the easterly side lot line to be screened with existing and proposed plantings. Mr. Schoenherr stated there is not enough room to allow for the generator as well as the existing utilities. Mr. Schoenherr indicated on the site plan the proposed 17’ x 7’ x 4’ high permanent brick and limestone outdoor kitchenette located in the rear yard extending from the wall of the building more than 16-feet from the side and rear lot lines, to be screened with existing and proposed plantings. Mr. Schoenherr stated the kitchenette would include a grill and sink with granite countertops with brick pavers as a base. Mr. Schoenherr made reference to the proposed 45’ x 90’ sports court with two (2) 17.5-foot high light fixtures located in the rear yard 11-feet from the easterly side lot line and 92-feet from the rear lot line, screened with existing and proposed plantings. Mr. Schoenherr stated the sports court is designated for basketball with two (2) hoops on either end without fencing or backboards. He indicated the hours of use for the sports court would be 9:00 AM to 9:00 PM. Mr. Schoenherr indicated the four (4) 8’ x 20’ x 9’ high proposed pergolas located in the rear yard more than 16-feet from the side and rear lot lines, screened with existing and proposed plantings. He stated the pergola’s will be constructed of composite material that would include water misters. Mr. Schoenherr made reference on the site plan of a 4’ x 8’ x 14’ high proposed brick and limestone gas fireplace located in the rear yard more than 16-feet from the side and rear lot lines screened with existing and proposed plantings. He stated the fireplace would be a gas unit enclosed in brick and/or limestone. Mr. Schoenherr addressed the last request for the construction of a 35’ x 12’ x 14’ high proposed cabana with kitchen and bath facilities, located in the rear yard more than 16-feet from the side and rear lot lines screened with existing and proposed plantings. Mr. Schoenherr stated the Building Department referred this project to the Board. Mr. Schoenherr commented the owner purchased the double lot with intensions of expanding the outdoor living.

Mr. Taylor provided the petitioner a letter of opposition from Mr. Garbis Bagdasarian, adjacent neighbor at 1448 W. Square Lake Road.

Mr. Schoenherr read the letter and returned discussion to the site plan referring to the existing and proposed landscaping, stating that the existing dead trees, located on the neighbors lot, would be replaced to further screen from view.

Mr. Norman Yatooma, homeowner at 1450 W. Square Lake Road, was present to address the neighbors misunderstanding of the proposed retaining wall.

Ms. Seneker made mention of the letters submitted of opposition from Mr. Garbis Bagdasarian, resident at 1448 W. Square Lake Road, and Mr. and Mrs. Jack Martin, residents at 1466 W. Square Lake Road.

Chairman Aldrich asked Mr. Schoenherr to address drainage concerns indicated in both of the letters submitted to the Board.

Mr. Schoenherr replied that the introduction of hard surfaces would cause drainage to the northeast corner of the property, and that a drainage pond would be constructed for this reason. Mr. Schoenherr stated that delays, mentioned in the neighbor’s letter, were most likely due to a finished basement project.

Ms. Rosati questioned how much additional width would be added to the driveway.

Mr. Schoenherr replied that the current width of the driveway is 24-feet wide by adding an additional 6-feet would extend the driveway width to 30-feet

Ms. Rosati questioned the need for the location of the generator.

Mr. Schoenherr replied and made reference to the site plan that this is the best location suitable, there are existing units and a gas meter, and that the size of the generator required a 30-foot distance from the main structure.

Mr. Yatooma returned to the podium to address the Board’s concerns and questions relating to the size and need for each item.

Ms. Frita Dubois, resident at 1541 Battaan, was present and spoke in opposition of the variance request for lighting of the sports court and concerns regarding screening.

Mr. Walter Kummer, resident at 1501 Battaan, was present and raised concerns relating to the proposed landscaping due to a raised septic field. Mr. Kummer stated plantings would not survive. Mr. Kummer opposed the entire project, stating that it would negatively impact the neighborhood bringing additional lighting and noise. Mr. Kummer felt the project was not harmoniously to the neighborhood and stated concerns of drainage.

Mr. Taylor questioned the fence Ordinance.

Ms. Patti McCullough, Planning and Building Director, replied that the proposed fence complied with the Township Ordinance.

Mr. Buckley questioned if the project presented drainage issues and if this was the reason this item was before them.

Ms. McCullough replied that the proposed project currently met Department standards.

Discussion continued between Mr. Schoenherr and the Board.

Mr. Taylor stated that he had reservations regarding the proposed sports court and lighting.

The Board discussed further the specifics relating to the retaining wall and sports court with the applicant and homeowner, in an effort to address the need for the proposed retaining walls and find an alternative size and location for the proposed sports court.

The Board determined that the proposed sports court could be reduced or re-located and the need for the variance may be removed.

Chairman Aldrich asked the homeowner if he felt tabling for 30 days would result in favor of the adjacent neighbor.

Mr. Yatooma was unsure that a tabling would resolve the concerns at hand.

Mr. Schoenherr stated that tabling would resolve any misunderstandings the neighbor may have regarding this project, but would delay construction.

Motion by Mr. Taylor in regard to the appeal at 1450 West Square Lake Road for the construction of retaining walls, that the request be approved as submitted, and the variance for the construction of a retaining walls located in front and side 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. Petitioner to submit a landscape plan to the Township indicating screening the retaining walls from the neighbors view at 1448 West Square Lake Road, and obtain all necessary permits.

Motion failed due to lack of support.

Motion carried, 7 – 0.

Mr. Brain Kepes recused himself from the next item, due to the working relationship with the property owner.

Seeking approval for the use of an accessory structure, a proposed 10’ x 40’ x 11.1’ high temporary construction trailer with skirting, for the purpose of housing field operations during the construction of the L.A. Fitness facility, to be removed from site on or before June 1, 2008, located in a side yard 16.9’ from the easterly 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 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, such vegetation shall be maintained in a healthy condition, and shall require the review and approval of the Zoning Board of Appeals. (19-05-351-078; 19-06-426-030)

No one was present to present this item to the Board.

Mr. Dennis Smith of George W. Auch Company, was present seeking approval for the use of an accessory use/structure, a 12’ x 60’ x 10’ temporary trailer with skirting to provide housing during construction from December 1, 2007 to March 31, 2008, located in a rear yard more than 16 ft. from the side and rear lot lines, Acreage Parcel C109C, Section 12. The Code of the Charter Township of Bloomfield, Chapter 42, Article IV, Section 42-559 states that accessory structure shall be screened from adjacent residences with evergreen and deciduous material, which will obscure view twelve (12) months of the year, that such vegetation shall be maintained in a healthy condition, and shall require the review and approval of the Zoning Board of Appeals. (19-12-251-021)

Mr. Smith addressed the Board with the request for the use of a 12’ x 60’ x 10’ high temporary trailer with skirting. Mr. Smith made reference to the proposed site plan and indicated the location of the proposed trailer would be at the rear north side of the fire

station, setback approximately 6-feet from the existing building. Mr. Smith stated the proposed trailer would provide temporary housing for the firemen at the Westview Fire Station during construction on this site. Mr. Smith stated the temporary trailer would be on site from December 1^st, 2007 to March 31^st, 2008.

Ms. Rosati left the auditorium.

Ms. Rosati returned to the Board meeting..

Mr. Frank Brooks, resident at 3889 Lincoln, was present on behalf of the homeowner, seeking approval for an accessory structure, an existing 30’ x 19.8’ x 9.5’ high pergola, screened with existing trees, located in a rear yard immediately adjacent to the wall of the building 18 ft. from the southwesterly side lot line and more than 200 ft. from the rear lot line, Lot 13, Devon Gables, 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, such vegetation shall be maintained in a healthy condition, and shall require the review and approval of the Zoning Board of Appeals. (19-16-101-020)

Mr. Brooks addressed the Board with the request for an existing 30’ x 19.8’ x 9.5’ high pergola screened with existing trees, located in a rear yard immediately adjacent to the wall of the building 18-feet from the southwesterly side lot line and more than 200-feet from the rear lot line. Mr. Brooks commented the Devon Homeowners Association has provided comments for the variance request.

Mr. Steven Vaglica, was present on behalf of the homeowner, seeking approval to rebuild an existing accessory structure using the same foundation, a proposed 20’ x 20’ x 13.5’ high shed without utilities, screened with existing trees and proposed evergreens and deciduous plantings, located in a rear yard 21.5 ft. from the southerly side lot line and approximately 165 ft. from the rear lot line. Also seeking approval for an existing 5’ x 1.5’ high fire pit, located in a rear yard 30 ft. from the northerly side lot line and 65 ft. from the rear wall of the building, Part of Lot 58, Judson Bradway’s Chelmsleigh Addition to Country Club Estates, Section 21. 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. (19-21-228-029)

Mr. Vaglica addressed the Board with the request to rebuild an existing 20’ x 20’ x 13.5’ high shed. Mr. Vaglica stated the previous home was demolished but the shed remained to be utilized as storage for tools. Mr. Vaglica made reference to the site plan and stated during construction of the new home, the shed began to deteriorate due to weather conditions and age. Mr. Vaglica indicated upon the complaint being received from an adjacent neighbor with regard to the depilated shed he directed his carpenters to being repairs on the shed as necessary. Mr. Vaglica stated the repairs to the existing shed would be to replace the existing roof including shingle to match the new home, replace any existing wall that is structural unsound, to retain the existing foot plan, and paint and seal the structure to prevent weathering. Mr. Vaglica stated the shed would have no utilities, electrical, mechanical, or plumbing. Mr. Vaglica made reference to the site plan and indicated the existing 5’ x 1.5’ high fire pit. Mr. Vaglica stated the fire pit was approved by the Township Fire Marshal, Michael McCully, and made reference to the letter submitted to the file dated August 30^th, 2007.

Ms. Chris Applebee, resident at 4748 Lahser Road, was present and spoke in opposition of the shed. Ms. Applebee commented as to the materials for the shed, and stated it should match the stone on the home.

Mr. Vaglica replied and agreed with Ms. Applebee, by stating that he did not have a problem constructing the shed with stone to match the home, and that there was a need for storage.

The Board further discussed the possibility of matching materials identical to the home and constructing the shed to be more aesthetically pleasing with the surrounding homes.

Mr. Douglas Poland, Attorney, was present on behalf of the petitioner, seeking approval for the following permission request and dimensional variances to allow for the construction of the following items for the proposed Bloomfield Park project, Lots 31, 32, 35- 39, 53-62, Bloomfield Acres, Section 5:

Seeking a 582 sq. ft. variance for the construction of a 78’ x 9’ (702 sq. ft.) reader board sign wrapping around the north and west elevations of the building, which is 7% of the street side façade, Restaurant Row frontage.

The construction of an accessory structure, a 112 ft. long proposed brick wall with an overall height of 5 ft., screened with proposed trees and plantings, located in a front yard, 0 ft. from the front lot line, Telegraph Road frontage, and 5 ft. from the secondary front lot line, Restaurant Row frontage.

To encroach 25 ft. into the required 25 ft. street side setback along Telegraph Road, and 5 ft. into the required 25 ft. street side setback along Restaurant Row with the construction of a 17.4’ x 1.8’ (32 sq. ft.) ground sign including the Bloomfield Park logo, located on the westerly end of the proposed retaining wall 0 ft. from the front lot line, Telegraph Road frontage, and 5 ft. from the secondary front lot line, Restaurant Row frontage.

The Code of the Charter Township of Bloomfield, Chapter 42, Article IV, Section 42-568 allows for one ground or wall sign within the B-3, General Business, zoned district, states that the maximum size of a wall sign shall not exceed six (6) percent of the total area of the street side façade, including the area of all fenestration, that in no instance shall the

wall sign size exceed 120 sq. ft. in area, and that no ground sign shall be located nearer than twenty-five (25) feet to any existing or proposed right-of-way line. The Code of the Charter Township of Bloomfield, Chapter 42, Article IV, Chapter 42-559 states that

accessory structures shall not be erected in any 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, such vegetation shall be maintained in a healthy condition, and shall require the review and approval of the Zoning Board of Appeals. (19-05-155-045-047; 19-05-156-030; 031)

Mr. Poland addressed the Board with a three-part variance request relating to the proposed Bloomfield Park project. Mr. Poland stated that a large portion of the project lying within the 425 Agreement has received previous approvals. Mr. Poland made reference to the site plan and complimented the Master Plan of the Township, which aspires to unique architectural designs, and that the variances are consistant with the purpose and intent of the Township Ordinance and the Master Plan. Mr. Poland stated that the retaining wall offered balanced architecture for the proposed development.

Mr. Buckley stated that he had reservations due to pending traffic studies for this project.

Ms. McCullough, Planning and Building Director, stated to the Board that the proposed items would be subject to modifications pending the outcome of required approvals. Ms. McCullough stated that if there were modifications to the proposed items, it would require returning to the Zoning Board of Appeals.

Boyd Alexander, owner of the adjacent lot, raised concerns relating to Hood Road’s access for emergency vehicles and where Hood Road was located in relationship to the proposed Bloomfield Park project.

Respectfully submitted,

Patricia McCullough, Director

Planning and Building Departmentr

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Charter Township of Bloomfield
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P.O. Box 489
Bloomfield Hills, MI 48303-0489
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