Zoning Board of Appeals Minutes
CHARTER TOWNSHIP OF BLOOMFIELD
ZONING BOARD OF APPEALS AGENDA
Tuesday, December 11th, 2007 – 7:00 P.M.
Bloomfield Township Hall
Welcome to the Bloomfield Township Zoning Board of Appeals
Meeting of December 11th, 2007.
As a brief introduction – The Zoning Board of Appeals is a
seven member, quasi-judicial body appointed by the Bloomfield
Township Board of Trustees. It is established and regulated by
the Michigan Zoning Enabling Act and the Code of the Charter
Township of Bloomfield for questions arising under the Zoning
Provisions of the Township. Matters pending before the Zoning
Board of Appeals are decided on a case-by-case basis.
The Zoning Board is empowered to: 1. Grant variances to the
Code of the Charter Township of Bloomfield, 2. Approve
accessory structures, and 3. Interpret the Zoning Ordinance.
Any appeal of a decision made by the Zoning Board of
Appeals is subject to Circuit Court Review.
Each case will be called separately, in the order shown on
tonight's agenda. There will be an opportunity for public
comment at one point during each case. All persons wishing to
address the Board will be asked to provide their name and
address at the podium. Given the number of appeals tonight,
please make your comments brief. You are encouraged to address
the Board, but if you do so, please address your comments to
me, the Chairperson, and not the applicant or other members of
the public.
Comments by the Neighborhood Association will be considered
as part of the factual information presented to the Board, but
it is not the determining factor for approval or denial.
Please confine comments to the specific request before the
Board.
For a request to be successful, an affirmative vote of at
least four members present is required. A tie will result in
the applicant being denied their request.
We hope this helps provide a better understanding of what
you can expect at tonight's meeting. Thank you. We’ll now call
the first case.
I. ATTENDANCE: Board Members, James Aldrich, David Buckley,
Brian Kepes, Jane Reisinger, Lisa Seneker, Robert Taylor, and
Chairman Corinne Khederian
STAFF PRESENT: Patricia McCullough, Planning and Building
Director, Brenda Schultow, Code and Ordinance Officer, Robin
Carley, Development Coordinator, and Kathy Davis, Building
Secretary.
II. APPROVAL OF MINUTES
a. Approval of the Zoning Board of Appeals Minutes of
November 20th, 2007
Motion by Ms. Seneker, Seconded by Mr. Aldrich to approve
the Zoning Board of Appeals minutes of November 20th, 2007 as
written.
Motion carried, 7 – 0.
III. APPEALS
a. Tabled Items
(1T) 1450 Square Lake Road West – N. Yatooma
Mr. Ross Schoenherr of Schoenherr Homes was present seeking
approval for the following permission requests and dimensional
variances to allow renovations to the residential property on
Lots 61 and 62, Telegraph-Square Lake Acres Subdivision,
Section 5:
* The construction of proposed limestone retaining walls with
an overall height of 8 ft., screened with existing and
proposed plantings, located in the front and easterly side
yards, 13 ft. from the easterly side lot line.
* 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 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. (19-05-377-039)
Mr. Schoenherr addressed the Board with a two-part variance
request. Mr. Schoenherr made reference to the site plan and
indicated the proposed 8-foot high limestone retaining wall to
be located in the front yard and easterly side yard. Mr.
Schoenherr stated the purpose of the retaining wall would be
to support a 6-foot extension of the driveway to allow for the
garage to be utilized. Mr. Schoenherr provided the approval
letter to the Board from the adjacent neighbors, Mr. and Mrs.
Garbis Bagdasarian, residents at 1448 W. Square Lake Road. Mr.
Schoenherr identified the proposed 45’ x 90’ sports court with
two (2) 17.5-foot high light fixtures. Mr. Schoenherr
commented the proposed sports court would be screened with
existing and proposed evergreen trees. Mr. Schoenherr made
reference to the letter of support provided by Mr. & Mrs.
Garbis Bagdasarian for the sports court and lighting variance
requests.
Ms. Rita Dubois, resident at 1541 Bataan, was present and
spoke in opposition of the proposed lighting for the sports
court.
Mr. Walter Kummer, resident at 1501 Bataan, was present and
spoke in opposition of the proposed lighting for the sports
court, the fencing of the rear yard vs. fencing the pool area
and the drainage concerns.
Chairman Khederian addressed the Board and stated in the
past the Township has never granted a variance for lights for
a sports court.
Ms. Reisinger questioned the fence location.
Mr. Schoenherr replied the fence is to enclose the entire
rear yard, including the swimming pool, which is permitted by
the Building Department.
Chairman Khederian questioned the concerns raised in the
letter from Mr. & Mrs. Garbis Bagdasarian, residents at 1448
W. Square Lake Road.
Mr. Schoenherr replied the screening of the sports court
would adhere to the proposed landscape plan, the mature walnut
tree along the fence line, would not be removed, and the
existing vibuurnum and two (2) trees on the property line
would remain.
Motion by Mr. Taylor, Seconded by Ms. Reisinger in regard
to the appeal at 1450 West Square Lake Road for the
construction of retaining walls and a sports court, that the
request be approved as submitted, without the lighting for the
sports court, and the variance for the construction of
retaining walls located in the front and easterly side yards
13-feet from the easterly side lot line, and for the
construction of a sports court located 11-feet from the
easterly 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. Approval is contingent
upon the sports court to be screened per landscape plan
presented, the hours of use for the sports court is 9:00 AM to
9:00 PM and the petitioner must obtain all necessary permits.
Motion carried, 6 – 1.
YEAS: Taylor, Reisinger, Aldrich, Buckley, Seneker, Khederian
NAYS: Kepes
b. New Items
(1) Palms Road & Kingston Court - Eastway Land Co.
Mr. Bob Casadei of Casadei Homes was present seeking approval
to relocate an existing 8’ x 5’ high (40 sq. ft.) ground sign
1 ft. above ground level, located on a narrow parcel
considered open space within the Eastway Farms Subdivision
approximately 100 from the front lot line, 14 ft. from the
southerly lot line, and 40 ft. from an occupied residence,
Acreage Parcel, Section 11. The Code of the Charter Township
of Bloomfield, Chapter 42, Article IV, Section 42-568 states
that it shall be permissible for a real estate broker or
builder to erect one (1) sign not to exceed a total surface
area of sixty (60) square feet nor an overall heights of five
(5) feet, the lower edge of which shall not be less than
eighteen (18) inches above the surrounding ground level, to
advertise the lots and/or buildings erected in any one (1)
subdivision, that no such sign shall be erected or maintained
within one hundred (100) ft. of any occupied residence unless
the written consent of the owner and occupant is first
obtained, and that such sign shall be permitted after the
review and approval by the Zoning Board of Appeals.
(19-11-226-033)
Mr. Casadei addressed the Board with the request to
relocate an existing 8’ x 5’ high ground sign 1-foot above
ground level, to be located on a narrow parcel, open space
within the Eastway Farms Subdivision approximately 100-feet
from the front lot line. Mr. Casadei stated Mr. and Mrs.
Christopher Germano at 756 Palms are the nearest occupied
residents and have signed the site plan as presented.
Ms. Reisinger made mention of the subdivision comments
submitted.
Motion by Mr. Aldrich, Seconded by Mr. Buckley in regard to
the appeal at Palms Road & Kingston Court to install a sign
12” above the surrounding ground level that the variance be
approved as requested. Based on the information presented, the
applicant did demonstrate to the Board’s satisfaction all of
the standards for practical difficulty. Petitioner must obtain
all necessary permits.
Motion carried, 7 – 0.
(2) 2831 Woodcreek Way – L. Lockwood
Mr. Lewis Lockwood, homeowner, was present seeking approval
for existing accessory structures, two air-conditioning units,
screened with existing evergreen plantings, located in a side
yard 11.8 ft. from the northerly side lot line, Lot 13, North
Bloomfield Hills Subdivision No. 1, Section 11. 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, must be screened from view through the
use of evergreen plant material at least the height of the
equipment, located at the point of placement of the equipment;
and maintained in a healthy condition. (19-11-276-008)
Mr. Lockwood addressed the Board with the request for two
(2) existing air-conditioners, located in the side yard. Mr.
Lockwood made reference to the site plan and indicated the
location of the existing air-conditioners and the existing
evergreen screening of the units.
Ms. Reisinger made mention of the subdivision comments
submitted.
Motion by Ms. Seneker, Seconded by Mr. Aldrich in regard to
the appeal at 2831 Woodcreek Way for the existing two (2)
air-conditioning units within the required side yard setback,
that the variance be approved as requested. Based on the
information presented, the applicant did demonstrate to the
Board’s satisfaction all of the standards for practical
difficulty. Petitioner must obtain all necessary permits.
Motion carried, 7 – 0.
(3) 671 Hickory Heights Drive – G. Sheets
Mr. Glen Sheets, homeowner, was present seeking approval for a
7.5 ft. encroachment into the required 35 ft. rear yard
setback to replace the existing non-conforming deck, located
in a rear yard 26 ft. from the westerly side lot line and 27.5
ft. from the rear lot line, Lot 136, Hickory Heights No. 1,
Section 13. 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. (19-13-401-002)
Mr. Sheets addressed the Board with the request for a
7.5-foot encroachment into the rear yard setback to replace an
existing non-conforming deck. Mr. Sheets stated the existing
deck is not well constructed. Mr. Sheets made reference to the
site plan and indicated the location of the proposed deck with
having access from the kitchen vs. access from the dining room
as presently exists. Mr. Sheets indicated the proposed deck
would be widen by 4’6” to allow for both dining and space for
walking traffic. Mr. Sheets stated the Hickory Heights
Property Owners Association has provided comments.
Motion by Mr. Buckley, Seconded by Ms. Seneker in regard to
the appeal at 671 Hickory Heights Drive to encroach 7.5-feet
into the required 35-foot 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, 7 – 0.
(4) 3660 Franklin Road – N. White
Mr. Bill White, homeowner, was present seeking approval for a
24 ft. encroachment into the required 40 ft. front yard
setback for the construction of a proposed first and second
floor addition to the existing non-conforming building,
located 16 ft. from the front lot line, Part of Lot 18 and all
of Lots 19 and 20, Supervisor’s Plat of North Devon Acres No.
1, Section 17. The Code of the Charter Township of Bloomfield,
Section 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,
Section 42, Article III, Section 42-527 requires a minimum of
40 ft. in the front yard setback. (19-17-276-036)
Mr. White addressed the Board with the request for a
24-foot encroachment into the front yard setback for the
construction of the proposed first and second floor addition
to the existing non-conforming building. Mr. White made
reference to the proposed plan and indicated the proposed
addition would be in the middle of the home with the roofline
to be the same.
Ms. Seneker made mention of the subdivision association
comments submitted.
Motion by Mr. Taylor, Seconded by Ms. Reisinger in regard
to the appeal at 3660 Franklin Road for a 24-foot encroachment
into the required 40-foot front yard setback for the
construction of a first and second floor 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, 7 – 0.
(5) 3194 Bradford Drive East – B. Salman
Mr. Bassam Salman, homeowner, was present seeking approval for
an existing 6 ft. high replacement fence, located in the
secondary front and rear yards, Lincoln Road frontage, within
a front yard setback, Lot 128, Westchester Village No. 1,
Section 34. 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. (19-34-180-009)
Mr. Bassam addressed the Board with the request for an
existing 6-foot high wood privacy fence. Mr. Bassam stated the
fence prior was depilated and in need of replacement.
Ms. Reisinger questioned would the fence posts need to be
reversed to face the petitioner’s property.
Ms. Patti McCullough, Planning and Building Director,
replied the fence posts would have to be reversed to face
inward onto the petitioner’s property.
Mr. Taylor questioned has the subdivision association
submitted their comments to the Township in regards to the
variance request.
Mr. Bassam replied the subdivision association indicated to
him at the meeting of November 7th, 2007, that a letter would
be provided to the Township prior to the Zoning Board of
Appeals meeting.
Ms. Seneker made mention of a letter received in support of
the variance from Mr. David Wachowiak, resident at 3195 East
Breckenridge.
Motion by Ms. Reisinger, Seconded by Mr. Taylor in regard
to the appeal at 3194 Bradford Drive East for the existing
6-foot high replacement 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. Fence posts to be reversed
to face inward onto the petitioner’s property and the
petitioner must obtain a permit.
Motion carried, 7 – 0.
(6) 691 South Hills Road – R. Lloyd
Mr. Lloyd Reuss, homeowner, was present seeking approval for
the installation of an accessory structure, a proposed
stand-by generator screened with existing trees, located in a
rear yard immediately adjacent to an existing detached
garage/workshop, Part of Lots 13 and 14, Brookside Hills
Subdivision, Section 16. The Code of the Charter Township of
Bloomfield, Chapter 42, Article IV, Section 42-559 states that
ground mounted mechanical or electrical equipment shall be
permitted in any rear yard when placed immediately adjacent to
the residential building. (19-16-252-033)
Mr. Reuss addressed the Board with the request for the
installation of a 10kw stand-by generator located in the rear
yard behind the existing garage to be screened with existing
trees. Mr. Reuss made reference to the photographs and stated
the proposed location is a wooded area.
Ms. Reisinger suggested additional screening from the
street side of Brookside Drive for the proposed generator.
Ms. Patti McCullough, Planning and Building Director,
replied the proposed stand-by generator is to be located in
the rear yard. Ms. McCullough stated given this proposed
stand-by generator would be immediately adjacent to the
detached garage in the rear yard, screening would not be
required.
Mr. Aldrich questioned the distance from the detached
garage to Brookside Drive.
Mr. Reuss replied the distance from the detached garage to
Brookside Drive is 50-feet.
Ms. Seneker made mention of the letter received in support
of the variance request from Mr. Stanley Frankel, resident at
663 South Hills Road.
Motion by Mr. Aldrich, Seconded by Ms. Seneker in regard to
the appeal at 691 South Hills Road for the installation of a
generator located adjacent to a detached garage, that the
variance be approved as requested. Based on the information
presented, the applicant did demonstrate to the Board’s
satisfaction all of the standards for practical difficulty.
Petitioner must obtain all necessary permits and generator
must comply with Township Noise Ordinance with 70dB(A) at
property line.
Motion carried, 7 – 0.
(7) 1116 Long Lake Road West – Bank One/JP Morgan
Mr. Jeff Leib attorney, was present seeking approval for
additional signage, a proposed 7.2’ x 1.1’ high (7.9 sq. ft.)
non-illuminated permanent wall sign with a 1.1’ x 1.1’ (1.2
sq. ft.) logo for JP Morgan, Devon Gables Court frontage, in
addition to the existing signage for Chase Bank, the 9.4 sq.
ft. permanent wall sign, located on the east elevation,
Telegraph Road frontage, and the 20.2 sq. ft. ground sign,
Part of Outlots A and B, Devon Gables, Section 16. The Code of
the Charter Township of Bloomfield, Chapter 42, Article IV,
Section 42-568 states that in those instances where a ground
is utilized within the O-1, Office, zoned district, a wall
sign not to exceed ten (10) square feet in area may also be
utilized. (19-16-154-007)
Mr. Leib addressed the Board with the request for an
additional wall sign to be located on the west side of the
building. Mr. Leib stated the proposed wall sign would not be
illuminated. Mr. Leib indicated that JP Morgan did not have
any identification on the site, as Chase Bank utilized both a
wall and ground sign for the property. Mr. Leib stated the
Design Review Board approved the additional wall sign as
presented. Mr. Leib commented the Devon Hills neighbor hood
association has provided their comments.
Motion by Mr. Buckley, Seconded by Mr. Taylor in regard to
the appeal at 1116 West Long Lake Road for an additional wall
sign, non-illuminated, located on the west elevation, that the
variance be approved as requested. Based on the information
presented, the applicant did demonstrate to the Board’s
satisfaction all of the standards for practical difficulty.
Petitioner must obtain a permit.
Motion carried, 7 – 0.
(8) 6160 Eastmoor Road – J. Hentschel
Mr. James Hentschel, homeowner, was present seeking approval
for an 8 ft. encroachment into the required 25 ft. natural
feature setback for the construction of a proposed driveway to
accommodate a new garage addition, located 17 ft. from the
water’s edge, Lot 100, The Braes of Bloomfield No. 1, Section
30. The Code of the Charter Township of Bloomfield, Chapter
42, Article IV, Section 42-573 requires a 25-foot setback from
the boundary or edge of a wetland. (19-0-451-013)
Mr. Hentschel addressed the Board with the request for an
8-foot encroachment in the natural feature setback for the
construction of a proposed driveway to accommodate a new
garage addition. Mr. Hentschel made reference to the proposed
site plan and indicated not to have the garage doors face the
street, but to have them face east to a wooded area. Mr.
Hentschel stated this request resulted in the least loss of
mature trees. Mr. Hentschel made mention the subdivision
association comments have been provided.
Motion by Mr. Aldrich, Seconded by Mr. Taylor in regard to
the appeal at 6160 Eastmoor Road to encroach 8-foot into the
required 25-foot natural feature 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.
Motion carried, 7 – 0.
(9) 2731 Turtle Shores Drive – Turtle Lake Development
Seeking approval for an existing accessory structure, a tiered
boulder retaining wall with an overall height of approximately
8 ft., screened with existing trees and plantings, located in
side and rear yards more than 16 ft. from the side and rear
lot lines, Unit 77, Turtle Lake, Section 6. 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, that such vegetation shall be maintained in a healthy
condition, and shall require the review and approval of the
Zoning Board of Appeals. (19-06-480-049)
Motion by Ms. Reisinger, Seconded by Mr. Taylor to move the
item to the end of the agenda to allow for the petitioner to
be present.
Motion carried, 7 – 0.
(10) 3395 Eastpointe Lane – Hasey Enterprise
Mr. Tom Kellett of Kellett Construction Company, was present
seeking approval for an accessory structure to remain on site
after the demolition of the home, an existing 2.1’ x 2.1’ x
5.8’ tall brick column with 5 ft. high gates attached to an
existing column located in the road right-of-way, screened
with existing tress and evergreen plantings, located in a
front yard at the driveway entrance, Lot 10, Supervisor’s Plat
No. 7, Section 8. The Code of the Charter Township of
Bloomfield, Chapter 42, Article I, Section 42-3 defines an
accessory use/structure as a use, which is clearly incidental
to, customarily found in connection with, and located on the
same zoning lot as, the principal use to which it is related.
The Code of the Charter Township of Bloomfield, Chapter 42,
Article IV, Section 42-559 states that all 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. (19-08-476-001)
Mr. Kellett addressed the Board with the request for an
accessory structure to remain on site after the demolition of
the home, an existing brick column with 5-foot high gates
attached to an existing column located in the road
right-of-way. Mr. Kellett made reference to the photographs
and indicated the existing screening of the brick columns. Mr.
Kellett stated the columns and gates have existed for sixty
years and would provide security to the lot and from the lake.
Motion by Ms. Reisinger, Seconded by Mr. Taylor in regards
to the appeal at 3395 Eastpointe Lane for an existing column,
be approved as submitted, and the variance for an existing
column and gate, located in a front yard, to remain after
demolition of the 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
Hold Harmless Affidavit to the Township.
Motion carried, 7 – 0.
(11) 5157 Wing Lake Road – S. Shammami
Mr. Ghassan Dalaly was present on behalf of his wife, seeking
approval for an accessory structure, a partially installed
8.5’ x 8.5’ x 9.5’ high storage shed, screened with existing
trees and plantings, located in a rear yard 9 ft. from the
southerly side and rear lot lines, Lot 8, 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 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, that
such vegetation shall be maintained in a healthy condition,
and shall require the review and approval of the Zoning Board
of Appeals. (19-20-401-009)
Mr. Dalaly addressed the Board with the request for a
partially installed storage shed, located in the rear yard,
screened with existing trees and plantings. Mr. Dalaly made
reference to the site plan and stated the southeast corner was
chosen for it’s unique landscape with the existing evergreens
and trees to help camouflage the proposed storage shed. Mr.
Dalaly stated the storage shed would be utilized to store
garden tools and lawn equipment, which would allow the use of
the garage for vehicles.
Mr. Steven Vanker, resident at 5250 Kellen Lane, was
present and spoke in opposition of the variance request.
Ms. Janet Chow, resident at 5175 Wing Lake Road, was
present and spoke in opposition of the variance request.
Ms. Michelle Margosian, resident at 5374 Echo Road, and
Vice President of The Dells of Bloomfield Homeowners
Association, was present and spoke in opposition of the
variance request. Ms. Margosian stated the association
prohibits sheds within The Dells of Bloomfield.
Mr. Aldrich questioned Mr. Vanker of the existing shed on
his property.
Mr. Vanker replied when the home was purchased nineteen
years ago, the shed was there.
Mr. Taylor questioned were the trees removed from the
applicant’s property.
Mr. Vanker replied he was not sure however, it appears to
be at the property line.
Mr. Dalaly replied the trees that were removed were dead
and the others were thinned out where needed. Mr. Dalaly
stated additional trees would be installed to screen the shed
from view as indicated on the proposed site plan.
Ms. Reisinger commented the proposed shed would be visible
from the street and would require 9-foot screening to be
installed to screen the structure from view of the street.
Mr. Taylor questioned the Homeowner’s Association on how do
they handle existing structures.
Ms. Margosian replied the Homeowner’s Association addresses
existing structures as they are reported with follow-up and
compliance with the restrictions are addressed. Ms. Margosian
stated the Association would approve an attachment to the home
vs. a stand-alone accessory structure in the yard.
Chairman Khederian suggested to the Board to table the item
to allow for discussion between the Homeowner’s Association
and the applicant to determine placement of the accessory
structure and screening of the accessory structure.
Motion by Mr. Aldrich, Seconded by Ms. Reisinger in regard
to the appeal at 5157 Wing Lake Road for an existing shed
located 9-feet from the southerly side and rear lot lines,
that the variance be tabled to January 8th, 2008, to allow the
Homeowner’s Association and the applicant to come to an
agreement with the placement of the shed and the screening of
the shed.
Motion carried, 7 – 0.
(12) 7456 Cathedral Drive – B. Segal
Mr. Bruce Segal, homeowner, was present seeking approval for
the installation of an accessory structure, a proposed hot
tub, screened with existing trees and proposed evergreen
plantings, located in a rear yard 30 ft. from the southerly
side lot line and more than 50 ft. from the rear lot line, Lot
296, Birmingham Farms Subdivision No. 2, Section 32. 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, that such vegetation shall be maintained in a healthy
condition, and shall require the review and approval of the
Zoning Board of Appeals. (19-32-401-023)
Mr. Segal addressed the Board with the request for the
installation of an above ground hot tub to be located in the
rear yard. Mr. Segal made reference to the site plan and
indicated additional evergreens were planted to screen the
proposed hot tub from view. Mr. Segal
indicated the above ground hot tub would be located well
within the setback requirements from the side and rear lot
lines. Mr. Segal stated the comments from Birmingham Farms
subdivision association has been submitted and the neighbors
on both sides have approved the variance request.
Motion by Mr. Taylor, Seconded by Mr. Aldrich in regard to
the appeal at 7456 Cathedral Drive for the installation of a
hot tub, that the variance be approved as requested. Based on
the information presented, the applicant did demonstrate to
the Board’s satisfaction all of the standards for practical
difficulty. Petitioner must obtain all necessary permits.
Motion carried, 7 – 0.
(13) 1965 West Bend Court – R. Kipp
Mr. Kevin Lees of Three C’s Landscaping, was present seeking
approval for the construction of accessory structures, a
proposed hot tub and a 13.5’ x 13.5’ x 11.8’ high gazebo,
screened with existing trees and proposed plantings, located
in a rear yard more than 16 ft. from the side and rear lot
lines, Lot 56, Shorewood Hills, Section 7. 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, that such vegetation shall be maintained in a healthy
condition, and shall require the review and approval of the
Zoning Board of Appeals. (19-07-352-004)
Mr. Lees addressed the Board with the request for a
proposed cedar gazebo and a hot tub/spa. Mr. Lees made
reference to the site plan and indicated the proposed location
for the 13.5’ x 13.5’ x 11.8’ high gazebo in the rear yard
would be screened with existing and proposed plantings. Mr.
Lees indicated on the site plan the proposed above ground hot
tub/spa to be placed on the patio area off of the new deck.
Mr. Lees stated the proposed above ground hot tub/spa would be
screened with existing and proposed plantings. Mr. Lees stated
the comments from the Homeowners Association had been
provided.
Ms. Seneker made mention of a letter received in support of
the variance requests from Mr. David Freedman, resident at
2000 Westbend Court.
Motion by Mr. Aldrich, Seconded by Ms. Seneker in regard to
the appeal at 1965 West Bend Court for the installation of a
hot tub and the construction of a gazebo be approved as
submitted based on the information presented, the applicant
did demonstrate compliance with Section 42-55 Standards.
Petitioner must obtain all necessary permits.
Motion carried, 7 – 0.
(14) 6790 Telegraph Road – Sunrise Development II
Ms. Jane Miles of Contemporary Sign and Design, was present
seeking approval for the use of a proposed 5’ x 6’ (30 sq.
ft.) temporary non-illuminated ground sign for approximately
two years, located 15 ft. from the front lot line, Telegraph
Road frontage, Lots 1 to 9, Birmingham Farms, Section 32. The
Code of the Charter Township of Bloomfield, Chapter 42,
Article IV,
Section 42-568 states that a sign within the RM,
Multiple-Family, zoned district, shall require the review and
approval of the Zoning Board of Appeals. (19-32-277-030)
Ms. Miles addressed the Board with the request for a
temporary non-illuminated ground sign to remain for
approximately two (2) years. Ms. Miles stated the proposed
ground sign would be for the announcement of coming soon
Sunrise South, the new senior assisted living facility. Ms.
Miles made reference to the proposed site plan and indicated
the temporary ground sign would be set back 15-feet from the
property line along Telegraph Road. Ms. Miles stated the
Township Design Review Board granted approval for the
temporary ground sign on November 14th, 2007.
Motion by Ms. Reisinger, Seconded by Mr. Taylor in regard
to the appeal at 6790 Telegraph Road for the construction of a
temporary ground sign, to remain on site until the issuance of
the Certificate of Occupancy, that the request be approved as
submitted based on the information presented, the applicant
did demonstrate compliance with Section 42-55 Standards.
Petitioner must obtain a permit.
Motion carried, 7 – 0.
(15) 4800 Burnley Drive – G. Woronowycz & D. Voronovich
Mr. George Woronowycz, homeowner, was present seeking approval
for the use of existing accessory structures, two temporary
10’ x 20’ x 10’ high storage tents through June 2008, screened
with existing trees, located in a rear yard 27 ft. from the
northerly side lot line and 47 ft. from the rear lot line, Lot
81, Charing Cross Estates, Section 24. 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, that
such vegetation shall be maintained in a healthy condition,
and shall require the review and approval of the Zoning Board
of Appeals. (19-24-253-012)
Mr. Woronowycz addressed the Board with the request for the
use of two (2) existing storage tents. Mr. Woronowycz made
reference to the photographs and indicated the two (2)
existing tents, located in the rear yard, screened with
existing trees. Mr. Woronowycz stated the home is currently
under construction, which involves a new addition with a
basement and a new larger garage. Mr. Woronowycz commented the
temporary storage sheds would be utilized to store household
items and lawn equipment until June 2008, to allow for the
construction to be completed on the home. Mr. Woronowycz
submitted to the Board the comments from the subdivision
association and the adjacent neighbors for the variance
request.
Motion by Mr. Aldrich, Seconded by Ms. Seneker in regard to
the appeal at 4800 Burnley Drive for two (2) existing storage
tents to remain on site through June 2008 or upon the issuance
of a Temporary Certificate of Occupancy which ever comes
first, that the request be approved as submitted based on the
information presented, the applicant did demonstrate
compliance with Section 42-55 Standards. Petitioner must
obtain all necessary permits.
Motion carried, 7 – 0.
(16) 6510-6676 Telegraph Road – Schostak Brothers
Mr. Bob Casazza, Regional Manager for Massage Envy, was
present seeking approval for a variance of four (4) parking
spaces for the inclusion of a massage parlor at Bloomfield
Plaza Shopping Center, located at the southwest corner of
Telegraph Road and Maple Road West. Also seeking approval for
a 545 ft. encroachment into the required 750 ft. setback from
an adjacent residential zoned district, which is located 205
ft. from the proposed massage parlor, a regulated use, Acreage
Parcel, Section 32. The Code of the Charter Township of
Bloomfield, Chapter 42, Article IV, Section 42-576 states no
regulated use may be located within 1,000 ft. of another
regulated use; and no regulated use may be located within 750
ft. of any residential zoning district or other use, which is
primarily oriented to youth (less than 18 years of age)
activities. The Code of the Charter Township of Bloomfield,
Chapter 42, Article IV, Section 42-560 establishes that 27
spaces are required for this type of use, with only 23 spaces
approved for this retail tenant space. (19-32-277-041)
Mr. Casazza addressed the Board with the request for four
(4) additional parking spaces to allow for the inclusion of a
new tenant Massage Envy clinic. Mr. Casazza stated the Massage
Envy is a franchise for membership based massage therapy
clinics. Mr. Casazza indicated there are over 270 Massage Envy
clinics presently in operation in 30 states with several under
development. Mr. Casazza stated the revenue from the clinics
is generated through monthly dues of members and walk-in
non-member customers who come in for massage therapy. Mr.
Casazza indicated trained therapists and who meet stringent
Massage Envy corporate standards administer the massage
therapy to the members. Mr. Casazza addressed the four (4)
additional parking spaces to the Board with a detailed
spreadsheet and stated the parking at Bloomfield Plaza is
deficient. Mr. Casazza made reference to The Code of the
Charter Township of Bloomfield, Chapter 42, Article IV,
Section 42-576 states no regulated use may be located within
1,000 feet of another regulated use; and no regulated use may
be located within 750 feet of any residential zoning district
or other use which is primarily oriented to youth (less than
18 years of age) activities. Mr. Casazza indicated on the site
plan as it relates to the zoning requirements that the site
chosen is approximately 360-feet from a residential
neighborhood.
Mr. Casazza commented this proposed site at Bloomfield Plaza,
which is facing Telegraph Road, is a prime location for
Massage Envy based on the demographics of the area.
Mr. Taylor questioned are the massage therapists licensed
by the State.
Mr. Casazza replied the State of Michigan does not require
the massage therapist to be licensed however Massage Envy
requires a standard minimum of 500 hours
requirement/experience prior to employment.
Chairman Khederian questioned how many clients would be
serviced at this facility.
Mr. Casazza replied fifteen (15) therapy rooms and a
waiting area with a possibility of twenty-five (25) clients
plus the twenty (20) staff members. Mr. Casazza stated the
business hours of the proposed clinic would be 8:00 AM to
10:00 PM Monday – Friday, 8:00 AM to 6:00 PM Saturday, and
10:00 AM to 6:00 PM Sunday. Mr. Casazza commented the peak
hours for the clinic would be during the evening hours.
Chairman Khederian addressed the letter submitted from
Township Fire Marshal, Mike McCully, and stated the Fire
Department is not in favor of granting a variance of the
parking ordinance as it relates to the above address. In 2006
parking in the plaza was reduced from 1368 spaces to 967
spaces represents a 27% reduction from the number of spaces
required by ordinance. Allowing more business into the
shopping center would only add to the current problem and may
reduce our ability to properly provide emergency services.
Ms. Patti McCullough, Director of Planning and Building,
replied to the Board and commented to the Fire Marshal’s
letter. Ms. McCullough stated the intent of the letter was to
address the retail use along with the traffic pattern and
flow. Ms. McCullough stated the proposed use is more an
intensive use than what was previously there.
Mr. Richard Moxley, homeowner at 3851 Carriage Road, was
present and spoke in opposition of the variance request and
commented the neighbors may have objections to this particular
use and stated this could be a public issue.
Mr. Taylor stated the neighbors are notified within
500-feet from the petitioners address and commented no letters
were submitted in opposition for the variance request.
Mr. Casazza replied given the parking study of the shopping
center performed the center is 576 parking spaces deficient.
Mr. Casazza stated the variance request is for four (4)
additional parking spaces with business peak hours being after
5:00 PM.
Chairman Khederian questioned the need for the 545-foot
encroachment into the required 750-foot setback from an
adjacent residential zoned district.
Mr. Casazza replied the 545-foot encroachment is needed for
the site to be highly visible from the main road.
Mr. Buckley questioned is Massage Envy a franchise or
corporate owned.
Mr. Casazza replied Massage Envy is a franchise with
developments under way in Rochester Hills, West Bloomfield and
Grosse Pointe.
Mr. Buckley questioned if the interior rooms were reduced,
would the parking variance request be less. Mr. Buckley
questioned licensing the business.
Ms. Patti McCullough, Director of Planning and Building,
stated a local business license is not required by Bloomfield
Township. Ms. McCullough commented the business would operate
under the terms of the Bloomfield Township Ordinances.
Mr. Kepes suggested instead of reducing the number of
rooms, to reduce the room size to allow for storage space to
be utilized therefore the need for retail has been decreased.
Ms. McCullough replied the site plan was reviewed as retail
to a salon orientation.
Mr. Kepes suggested to the Board to deny the parking
variance and allow the tenant and landlord to work out the
situation for the parking. Mr. Kepes questioned the zoning
requirements and the definition for a massage parlor, which
includes other entities.
Ms. Patti McCullough replied as requested before the Board
is a floor plan as presented indicating rooms to provide
massage. Ms. McCullough stated should there be a finding that
there are other activities occurring they would be required to
return to the Board.
Mr. Casazza reiterated to the Board that the Sate of
Michigan does not issue licensing for massage therapy; the
reduction in massage rooms would be costly for the tenant as
well as the landlord; and Massage Envy is for massage therapy
only and is located in high end districts.
Mr. Buckley suggested the landlord, Schostak Brothers,
provide their comments as it relates to the variance requests.
Ms. Seneker questioned has other Township Board’s reviewed
the variance requests.
Ms. Patti McCullough replied no other Township Board has
reviewed this request.
Motion by Mr. Buckley, Seconded by Mr. Kepes in regard to
the appeal at 6510-6676 Telegraph Road for a variance of four
(4) parking spaces for the inclusion of a massage parlor, at
Bloomfield Plaza. Also seeking approval for a 545-foot
encroachment into the required 750-foot setback for a
regulated use located 205-feet from the adjacent residential
zoned district, that the variances be tabled to January 8th,
2008 to allow the petitioner to consider eliminating the
parking variance of four (4) spaces.
Motion carried, 7 – 0.
Chairman Khederian addressed item (9) to be heard.
No one was present.
(9) 2731 Turtle Shores Drive – Turtle Lake Development
Ms. Patti McCullough, Planning and Building Director,
addressed the Board for approval for an existing accessory
structure, a tiered boulder retaining wall with an overall
height of approximately 8 ft., screened with existing trees
and plantings, located in side and rear yards more than 16 ft.
from the side and rear lot lines, Unit 77, Turtle Lake,
Section 6. 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, that such vegetation shall be
maintained in a healthy condition, and shall require the
review and approval of the Zoning Board of Appeals.
(19-06-480-049)
Ms. McCullough made reference to the site plan and
indicated the existing tiered boulder wall with an overall
height of 8-feet, located in the side and rear yards, screened
with existing trees and plantings. Ms. McCullough stated
subdivision association comments have been submitted.
Motion by Ms. Reisinger, Seconded by Mr. Taylor in regard
to the appeal at 2731 Turtle Shores Drive for an existing
retaining wall, that the request be approved as submitted, and
the variance for an existing retaining wall 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 submit a final grade
certification within five (5) business days.
Motion carried, 7 – 0.
IV. GENERAL BUSINESS
a. Next Board Meeting – January 8th, 2008
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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Charter Township of Bloomfield
4200 Telegraph Road
P.O. Box 489
Bloomfield Hills, MI 48303-0489
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