Zoning Board of Appeals Minutes
Approved
CHARTER TOWNSHIP OF BLOOMFIELD
ZONING BOARD OF APPEALS AGENDA
Tuesday, January 8th, 2008 – 7:00 P.M.
Bloomfield Township Hall
Welcome to the Bloomfield Township Zoning Board of Appeals
meeting of January 8th, 2008.
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.
Chairman Khederian addressed the Boy Scouts from West Maple
Elementary School and welcomed their troop at the meeting.
ATTENDANCE: Board Members, David Buckley, Brian Kepes, Jane
Reisinger,
Carol Rosati, Lisa Seneker, Robert Taylor, and Chairman
Khederian.
ABSENT: James Aldrich
STAFF PRESENT: Patricia McCullough, Planning and Building
Director, Brenda Schultow, Code and Ordinance Officer, Robin
Carley, Development Coordinator, and Kathy Davis, Building
Secretary.
APPROVAL OF MINUTES
A. Approval of the Zoning Board of Appeals Minutes of
December 11th, 2007.
Motion by Mr. Taylor, Seconded by Ms. Seneker to approve
the Zoning Board of Appeals minutes of December 11th, 2007, as
written.
Motion carried, 7 – 0.
Chairman Khederian addressed the audience and indicated
item (2T) 6510-6676 Telegraph Road has been re-scheduled to
February 12th, 2008 meeting at the petitioner’s request.
APPEALS
Tabled Items
(1T) 5157 Wing Lake Road – S. Shammami
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)
No one was present for this item.
Mr. Buckley stated there are members in the audience that
are present for this item that would like to comment.
Motion by Ms. Reisinger, Seconded by Ms. Seneker to table
the item to 7:30 PM of the agenda to allow for the members of
the audience to be heard and the petitioner to be present.
Motion carried, 7 – 0.
(2T) (At the petitioner’s request, this item has been
rescheduled to February’s agenda)
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. (Schostak Brothers, 6510-6676 Telegraph Road,
19-32-277-041)
B. New Items
(1) 4200 Telegraph Road – Bloomfield Township Fire Station
Mr. John Argenta of CDPA Architects, Inc, was present
seeking approval for a 16 ft. encroachment into the required
40 ft. front yard setback for the construction of a proposed
single story addition to the existing Fire Station, located 24
ft. from a secondary front lot line, Andover Road frontage.
The existing building is currently non-conforming. Lot 32,
Devon Hills Estates, Section 16. 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. (19-16-351-010)
Mr. Argenta addressed the Board with the request for a
16-foot encroachment into the required 40-foot front yard
setback for the construction of a proposed single story
addition to the existing Fire Station. Mr. Argenta presented a
detailed site plan to the Board and indicated the best
location for the proposed single story addition. Mr. Argenta
stated Bloomfield Township is proposing to rebuild the Central
Fire Station with a new storage addition on the west side of
the apparatus bay to provide modern living quarters and office
space, and adequate space for equipment storage and work
areas. Mr. Argenta made reference to the site plan and
indicated the Central Fire Station is situated at the corner
of Andover Road and Exeter Road, which are considered front
yards. Mr. Argenta stated the existing apparatus bay has a
west side setback of 34-feet. The proposed new storage
addition on the west side of the apparatus bay would result in
a 24-foot setback which would require a 16-foot variance
request for the west front yard setback.
Ms. Reisinger made mention of the support received from the
Planning Commission for this variance request.
Motion by Mr. Taylor, Seconded by Ms. Rosati in regard to
the appeal at 4200 Telegraph Road for a 16-foot encroachment
into the required 40-foot front yard setback for the existing
non-conforming building, that the variance be approved as
requested. Based on the information presented, the applicant
did demonstrate to the Board’s satisfaction all of the
standards for practical difficulty. Petitioner must obtain all
necessary permits.
Motion carried, 7 – 0
(2) 3616 Burning Bush Road – J. Giudici
Mr. John Giudici, homeowner, was present seeking approval
for a 2 ft. encroachment into the required 16 ft. side yard
setback for the installation of a proposed air-conditioning
unit screened with proposed evergreen plantings, located 14
ft. from the easterly side lot line, Part of Lot 879 and all
of Lot 880, 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 or electrical equipment shall not be located in the
required 16 ft. side yard setback, and that evergreen plant
material utilized in vegetative screen walls shall be
maintained in a healthy condition. (19-27-301-022)
Mr. Giudici addressed the Board with the request for a
2-foot encroachment into the side yard setback for the
installation of a proposed air-conditioning unit. Mr. Giudici
made reference to the site plan and indicated the proposed
location of the air-conditioning unit would be on the east
side of the residence, screened with proposed evergreen
plantings, located 14-feet from the property line. Mr. Giudici
stated a recent addition to the rear of the residence/property
has created the need to relocate the air-conditioning unit.
Mr. Giudici made mention of the Bloomfield Village association
comments provided for the variance request.
Motion by Ms. Seneker, Seconded by Mr. Buckley in regard to
the appeal at 3616 Burning Bush Road for a 2-foot encroachment
into the required 16-foot side yard setback for the
installation of an air-conditioning unit, that the variance be
approved as requested. Based on the information presented, the
applicant did demonstrate to the Board’s satisfaction all of
the standards for practical difficulty. Petitioner must obtain
an electrical and mechanical permits.
Motion carried, 7 – 0.
(3) 5434 Longmeadow Road – A. Ross
Mr. and Mrs. Alan Ross, homeowners, were present seeking
approval for the installation of an accessory structure, a
proposed air-conditioning unit, screened with proposed
evergreen plantings, located in a secondary front yard, Big
Beaver Road West frontage, immediately adjacent to the
easterly wall of the existing detached garage, Part of Lots 40
and 41, Bloomfield Estates Subdivision, Section 24. The Code
of the Charter Township of Bloomfield, Chapter 42, Article IV,
Section 42-559 states that ground mounted mechanical and
electrical equipment is permitted in any side or rear yard,
and that evergreen plant material utilized in vegetative
screen walls shall be maintained in a healthy condition.
(19-24-353-010)
Mr. Ross addressed the Board with a request for a proposed
air-conditioning unit to be located in a secondary front yard
of Big Beaver Road West frontage. Mr. Ross made reference to
the site plan and indicated the proposed air-conditioning unit
would be placed immediately adjacent to the easterly wall of
the existing detached garage and would be screened with
proposed 4-foot evergreen plantings. Mr. Ross stated the
intent of the detached garage is to store classic automobiles.
Mr. Ross commented the automobile collection requires strict
climate controls to ensure each automobile maintains their
current restored condition.
Motion by Mr. Buckley, Seconded by Ms. Seneker in regard to
the appeal at 5434 Longmeadow Road to locate an
air-conditioning unit in a secondary front yard 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 an
electrical and mechanical permits.
Motion carried, 7 – 0.
(4) 2772 Turtle Bluff Drive – C. Billups
Mr. Jeff Dotson of Mancuso Homes, was present seeking
approval for the installation of proposed accessory
structures, a proposed stand-by generator screened with a
proposed 6 ft. high brick screen wall and evergreen plantings,
located immediately adjacent to the residential building in a
secondary front yard, Turtle Bluff Drive and Turtle Shores
Drive frontages, Unit 92, Turtle Lake, Section 6. 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 permitted in any side or rear yard, and that evergreen
plant material utilized in vegetative screen walls shall be
maintained in a healthy condition. 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.
(19-06-384-021)
Mr. Dotson addressed the Board with a request to install a
stand-by generator to be screened by a proposed 6-foot high
brick wall. Mr. Dotson made reference to the site plan and
indicated the proposed location of the stand-by generator and
screen wall, which would be immediately adjacent to the
residence, in a secondary front yard. Mr. Dotson stated the
proposed brick wall, which, would be screened by a row of
7-foot tall arborvitaes, would shield the proposed stand-by
generator. Mr. Dotson made mention Victor International has
provided association comments for this variance request.
Motion by Ms. Reisinger, Seconded by Mr. Taylor in regard
to the appeal at 2772 Turtle Bluff Drive for the installation
of a stand-by generator screened with a 6-foot high masonry
screen wall located in a secondary front yard, that the
variance be approved as requested. Based on the information
presented, given the property is a pie shaped lot, the
applicant did demonstrate to the Board’s satisfaction all of
the standards for practical difficulty. Generator must comply
with Noise Ordinance with 70dB(A) at property line. Petitioner
must obtain an electrical, mechanical, generator use and
ordinance permits.
Motion carried, 7 – 0.
(5) 2636 Covington Place – G. Dicenso
Mr. Joseph Roman of Roman Design Architecture, was present
seeking approval to encroach 16.6 ft. into the required 35 ft.
rear yard setback and .6 ft. into the required 16 ft. side
yard setback for the construction of a single-story addition
to the existing non-conforming home, located 18.4 ft. from the
rear lot line and 15.4 ft. from the easterly side lot line,
Lot 1278, Judson Bloomfield Village No. 7, 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 35 ft. in the rear yard
setback and a minimum of 16 ft. in the side yard setback.
(19-27-428-008)
Mr. Roman addressed the Board with the request to encroach
16.6-feet into the rear yard setback and .6-feet into the side
yard setback for the construction of a single-story addition.
Mr. Roman made reference to the site plan and indicated the
irregular lot size and shape. Mr. Roman stated the single
story addition for a new kitchen addition and renovation along
with a family room addition would provide functional living
space for the homeowners. Mr. Roman indicated the addition
would include a 3-foot covered porch at the rear of the home.
Mr. Roman provided subdivision comments to the Board.
Chairman Khederian made reference to a letter received from
Mr. and Mrs. Robert Hoisington, residents, at 2662 Endsleigh
Drive, indicating their concerns of a possible precedent that
might be set by approving an encroachment in the rear yard,
would create an unacceptable invasion of their property.
Chairman Khederian stated this item would not be precedent
setting for the neighborhood.
Motion by Mr. Taylor, Seconded by Ms. Reisinger in regard
to the appeal at 2636 Covington Place for a 16.6 – foot
encroachment into the required 35-foot rear yard setback and a
.6-foot into the required 16-foot side yard setback for the
construction of an addition to the existing non-conforming
home, that the variance be approved as requested. Based on the
information presented, the applicant did demonstrate to the
Board’s satisfaction all of the standards for practical
difficulty. Petitioner must obtain all necessary permits.
Motion carried, 7 – 0.
(6) 6575 Red Maple Road – E. Schwartz
Ms. Nancy Schwartz, homeowner, was present seeking approval
for the construction of an accessory use/structure, a proposed
60’ x 25’ ice rink (approximately 54% of the ground floor area
of the main building) with 1ft. high backboards, which is to
be used on an annual basis, screened with existing trees and a
brick wall, located in a rear yard 25 ft. from the westerly
side lot line and 3 ft. from the rear lot line, Lot 8, W.C.
Scott’s Maple-Lahser Subdivision, Section 33. The Code of the
Charter Township of Bloomfield, Chapter 42, Article IV,
Section 42-559 states that in no instance shall an accessory
use/structure exceed one-half (1/2) in the ground floor area
of the main building, 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. (19-33-226-005)
Ms. Schwartz addressed the Board with the request for an
ice rink to be located in the rear yard 25-feet from the
westerly side lot line and 3-feet from the rear lot line. Ms.
Schwartz stated the request for the annual ice rink would be
reduced to 48’ x 25’ with 1-foot high backboards. Ms. Schwartz
made reference to the site plan and indicated the existing
trees and brick wall, located in the rear yard would provide
screening of the proposed ice rink from the adjacent neighbors
view.
Ms. Rosati commented the revised proposed ice rink would be
located 37-feet from the westerly side lot line.
Ms. Patti McCullough, Director Planning and Building,
addressed the Board to consider months and hours of use,
removal deadline, and evergreen screening of the seasonal ice
rink.
Ms. Reisinger commented the required screening according to
the Township Ordinance for a proposed ice rink would not be
required for this property. Ms. Reisinger stated the lot is
screened with mature evergreens and the ice rink is not
visible from Lahser Road. Ms. Reisinger made mention of the
letter received in support of the variance request from Ms.
Jane Murphy, resident at 6530 Red Maple Lane.
Motion by Mr. Buckley, Seconded by Ms. Rosati in regard to
the appeal at 6575 Red Maple Road for the construction of a
seasonal 48’ x 25’ ice rink, that the request be approved as
submitted, and the variance for the construction of an ice
rink be granted. Based on the information presented, the
applicant did demonstrate compliance with Section 42-55
Standards, and did demonstrate all of the standards for
practical difficulty. The ice rink use January 9th, 2008 –
March 31st, 2008 and November 1st, 2008 – March 31st, 2009
with the boards to be removed after March 31st of each year
and stored properly out of sight. Ice rink hours of use,
daylight use with no exterior lighting. Petitioner must obtain
an Ordinance permit.
Motion carried, 7 – 0.
7:30 PM Chairman Khederian addressed the audience and
re-identified item (1T) 5157 Wing Lake Road to be heard.
No one was present for this item.
Ms. Patti McCullough, Director of Planning and Building,
commented a phone call was received from the applicant’s
attorney indicating an interest to request this item to be
tabled. Ms. McCullough stated the request was to be provided
in writing of which it was not received prior to this meeting.
Chairman Khederian made mention of previous meetings where
the audience was heard and the applicant was not present for
the item.
Mr. Taylor addressed the concern of the accessory structure
being partially constructed and by waiting another 30 days to
determine whether it can remain or by tabling the item again
would give the applicant an additional time frame.
Mr. Buckley stated the Board has already tabled the item
from December 11th, 2007 meeting.
Chairman Khederian addressed the audience and asked for
comments to be heard for the following item.
(1T) 5157 Wing Lake Road – S. Shammami
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)
Ms. Julie Vanker, resident at 5250 Kellen Lane, was present
and spoke in opposition of the variance request. Ms. Vanker
commented the view of the storage shed has negatively impacted
her rear yard.
Ms. Michelle Margosian, resident at 5374 Echo Lane, and
representative of the Dells of Bloomfield, was present and
indicated Mr. Kas Dalaly contacted her to seek alternatives
for the storage shed. Ms. Margosian made reference to the
letter submitted from Mr. James Long, President of the Dells
of Bloomfield Property’s Owners Association, indicating
residential lots located within the Dells of Bloomfield are
restricted to one single private dwelling by the deed
restrictions placed by the developer. Ms. Margosian commented
storage sheds are not allowed within the Dells of Bloomfield.
Ms. Margosian stated the Dells of Bloomfield Property Owners
Association made an effort to assist Mr. Dalaly in finding an
alternative for the storage problem by suggesting an addition
of a full or partial garage to the existing residence.
Motion by Mr. Taylor, Seconded by Ms. Seneker 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 be denied as
requested. Based on the information presented, the applicant
did not demonstrate all of the following: Compliance would be
unduly burdensome, the placement is objectionable to the
adjoining neighbors and the subdivision association, there are
no unique circumstances with the property, and it is
self-created. The partially installed shed is to be removed
immediately upon approval of the minutes.
Motion carried, 7 – 0.
(7) 3870 Miller Way South – S. Penrod
Mr. Scott Penrod, homeowner, was present seeking approval
for an existing accessory structure, a 10’ x 10’ x 10’ high
shed without electrical service and screened with existing
trees and proposed plantings, located in a rear yard 6 ft.
from the rear lot line and 39 ft. from the easterly side lot
line, Lot 26, Miller Estates No. 2, Section 28. 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. (19-28-401-031)
Mr. Penrod addressed the Board with the request for an
existing 10’ x 10’ x 10’ high shed. Mr. Penrod made reference
to the site plan and indicated the placement of the shed and
stated the shed was relocated from the middle of the backyard
visible for all neighbors, to the current location, 6-feet
from the rear lot line and 39-feet from the easterly side lot
line. Mr. Penrod made reference to the landscape plan and
indicated the shed would be shielded from view on three sides.
Mr. Penrod stated additional trees as indicated would be
installed over time. Mr. Penrod provided a letter of support
from seven (7) neighbors. Mr. and Mrs. Paul Slocum, resident
at 3882 S. Miller Way, Mr. and Mrs. Jack Lucier, residents at
3856 S. Miller Way, Mr. and Mrs. Allen Fine, residents at 3844
S. Miller Way, Mr. and Mrs. David Banda, residents at 3859 S.
Miller Way, Ms. Mary Blackard, resident at 5969 Orchard Bend,
Mr. and Mrs. John Mehlthorpe, residents at 5951 Orchard Bend,
Mr. and Mrs. David Newman, residents at 5991 Orchard Bend.
Ms. Reisinger made mention of a letter in support of the
variance request from Mr. Leo Savoie, resident at 3883 S.
Miller Way,
Mr. David Banda, resident at 3859 S. Miller Way, was
present and spoke in support of the variance request.
Motion by Ms. Reisinger, Seconded by Mr. Taylor in regard
to the appeal at 3870 Miller Way South for an existing shed,
that the request be approved as submitted, and the variance
for an existing shed located 6-feet from the rear lot line be
granted, per the landscape plan provided. 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 an Ordinance permit.
Motion carried, 7 – 0.
(8) 2085-B Franklin Road – Stevens-Franklin LLC
Mr. Mike Brennan, tenant, was present seeking approval for
the installation of a secondary sign in addition to an
existing ground sign for The Varsity Shop Training Center, a
proposed 7.1’ x 4.4’ (31.3 sq. ft.) high non-illuminated wall
sign with a 1.3 sq. ft. logo, located on the south elevation
of the building, Part of Lot 18 and all of Lots 19 and 20,
Bloomfield Hills Research Industrial Park, Section 4. The Code
of the Charter Township of Bloomfield, Chapter 42, Article IV,
Section 42-568 allows for one (1) ground, temporary, wall, or
non-accessory sign within the R-P, Research Park, zoned
district. (19-04-351-035)
Mr. Brennan addressed the Board with the request for the
installation of a secondary sign in addition to an existing
ground sign for The Varsity Shop Training Center. Mr. Brennan
made reference to the site plan and indicated the location of
the proposed wall sign. Mr. Brennan stated the additional sign
would be utilized for identification purposes from Franklin
Road. Mr. Brennan indicated 2085-A Franklin Road is at the
front of the building, 2085-B Franklin Road is occupied by The
Varsity Shop Training Center and located at the rear of the
building.
Ms. Reisinger made mention of the Design Review Board
meeting on Thursday, November 29th, 2007, which was forwarded
onto the Zoning Board of Appeals.
Motion by Ms. Seneker, Seconded by Mr. Buckley in regard to
the appeal at 2085-B Franklin Road for the installation of a
secondary wall sign, that the variance be approved as
requested. Based on the information presented, the applicant
did demonstrate to the Board’s satisfaction all of the
standards for practical difficulty. Petitioner must obtain a
building and electrical permit.
Motion carried, 7 – 0.
(9) 4085 Maple Road West – Maple & Telegraph LLC
Ms. Sue Vandamm was present on behalf of her father,
seeking approval for a variance of nine (9) parking spaces for
the inclusion of a proposed nail salon, located at the
shopping center at the Southeast corner of Maple Road West and
Telegraph Road, Acreage Parcel C329-A-1, Section 33. The Code
of the Charter Township of Bloomfield, Chapter 42, Article IV,
Section 42-560 establishes that fifteen (15) spaces are
required for this type of use, with only six (6) spaces
approved for this retail tenant space. (19-33-101-001)
Ms. Vandamm addressed the Board with the request for nine
(9) parking spaces for the proposed tenant a salon, "Venetian
Nails". Ms. Vandamm made reference to the proposed floor plan
and indicated four (4) nail stations, four (4) pedicure
stations, and a receptionist area. Ms. Vandamm stated the
interior furniture and fixtures would change within the space
there would not be any additional square footage added for the
proposed nail salon.
Mr. Kepes questioned the number of employees to occupy the
salon.
Ms. Vandamm replied four (4) nail technicians would occupy
the salon at one time.
Chairman Khederain identified a memo submitted from Mr.
Michael McCully, Township Fire Marshal. Ms. Khederian read the
Fire Department is not in favor of granting a variance of the
parking ordinance as it relates to the above address. This
occupancy, if allowed with parking reduced from fifteen (15)
required spaces to six (6) spaces represents a 60% reduction
from the number of spaces that are required by ordinance.
Allowing more businesses into the shopping center with the
already limited parking available, would only add to the
current problem and may reduce our ability to properly provide
emergency services.
Ms. Seneker addressed concerns with the existing parking
area within the Maple and Telegraph LLC parking lot.
Ms. Reisinger questioned the need for another nail salon in
the area, given there is a nail salon across the street.
Ms. Vandamm replied she has been made aware of the nail
salon across the street with hopes to provide a good service
to all clients.
Mr. Kepes questioned if a lease agreement had been
established for the space, with the landlord.
Ms. Vandamm replied a lease agreement has been signed with
the landlord for the space.
Mr. Kepes questioned does the Planning Division receive
information on the lease agreements between the landlord and
the tenant.
Ms. Patti McCullough, Director of Planning and Building,
replied the Planning Division receives information regarding
the tenancy or ownership of the tenant space. Ms. McCullough
stated the division does not require a copy of a signed lease
agreement between the landowner and proposed tenant.
Mr. Kepes questioned is the landlord made aware of the
application received for the Zoning Board of Appeals request.
Ms. McCullough replied the landowner is notified of the
application made for the variance request and an
acknowledgement is received in writing or by a meeting with
the landowner that the process may precede.
Mr. and Mrs. Jack Tham, tenants of Liquid Salon, at 6652
Telegraph Road, were present and addressed the congested
parking within their plaza area, across the street from the
proposed nail salon.
Ms. McCullough made reference to the ordinance and
identified the use as it relates to the parking calculations
provided by the applicant. Ms. McCullough indicated the usable
square footage for the tenant space and referred to the
formula based on the gross square footage of the space,
multiplied by 80% of the useable floor area, divided by 150,
results in required parking spaces. Ms. McCullough stated the
former tenant, Caribou Coffee, the tenant use was considered
retail. Ms. McCullough commented the proposed tenant is a nail
salon the tenant use has changed resulting in a parking
variance request.
The Board discussed the fire and safety concerns and the
existing conditions for the parking variance for the proposed
nail salon use.
Motion by Ms. Reisinger, Seconded by Mr. Taylor in regard
to the appeal at 4085 Maple Road West for a variance of nine
(9) parking spaces with only six (6) spaces approved for this
retail tenant space, 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 previous use was
retail and the proposed use to a nail salon requires
additional parking spaces. Petitioner must obtain all
necessary permits.
Motion failed, 3 – 4.
YEAS: Reisinger, Taylor, Rosati
NAYS: Seneker, Kepes, Buckley, Khederian
IV. GENERAL BUSINESS
A. Election of Officers
The Board discussed the election of officers for the
calendar year.
Motion by Mr. Buckley, Seconded by Ms. Reisinger to
nominate Ms. Corrine Khederian to serve as Chairman for this
calendar year.
Motion carried, 7 – 0.
Motion by Ms. Reisinger, Seconded by Ms. Rosati to nominate
Mr. Robert Taylor to serve as Vice Chairman for this calendar
year.
Motion carried, 7 – 0.
Motion by Ms. Reisinger, Seconded by Mr. Kepes to nominate
Ms. Patricia McCullough, Director of Planning and Building, to
serve as Secretary for this calendar year.
Motion carried, 7 – 0.
B. Zoning Board of Appeals By Laws
Ms. Patti McCullough, Director Planning and Building,
addressed the Zoning Board of Appeals Bylaws to the Board. Ms.
McCullough indicated the Board adopted the rules of procedure
on April 10th, 2007. Ms. McCullough made reference to page 5
and 6, Section
6: Conflict of Interest, which acknowledges that a Board
Member needs to declare to the Board that he/she believes that
there is a Conflict of Interest and state the nature why.
Ms.McCullough stated the Board Members then must determine to
accept the request and a motion permitting abstention is made
and passed by a majority of the remaining members of the Board
present at the meeting. Ms. McCullough stated the vote would
require four (4) members of the Board by majority vote and the
member declaring a conflict shall leave the meeting dais. Ms.
McCullough commented in the past this procedure has not been
followed by the Board and stated if there is a question
regarding Conflict of Interest to refer to the Bylaws or
contact the Chairman, Vice Chairman or the Planning and
Building Director.
Ms. Reisinger suggested on page 4 Item E. 2. Chairperson
summarizes the procedures/rules to be followed during the
review, to be placed under Item D. 3. Chairperson summarizes
the procedures/rules to be followed during the review, then
Item 4. Approval of Minutes.
C. Next Board Meeting – February 12th, 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.
Home |
Government |
Services |
Community |
Current Events |
Resources
Contact Us |
E-mail List |
Forms
Still can't find what you're looking for?
Use our comprehensive Search or
Site Map pages!
Charter Township of Bloomfield
4200 Telegraph Road
P.O. Box 489
Bloomfield Hills, MI 48303-0489
248.433.7700
This site is best viewed in Internet Explorer
5.5 or higher and Netscape 6.0 or higher.
Having trouble accessing our site forms?
Your browser may not have the Acrobat Reader plug-in
that is required.
Click here to download a free copy of this software.
Site Design/Development
by
Proudly serving our community online since
1999.
Named #1 Township Website in Michigan by Cyber-state.org
Site Use
Policy
All information © 2008 Bloomfield
Township, Michigan
|
