Zoning Board of Appeals Minutes
CHARTER TOWNSHIP OF BLOOMFIELD
ZONING BOARD OF APPEALS AGENDA
Tuesday, February 12th, 2008 – 7:00 P.M.
Bloomfield Township Hall
Welcome to the Bloomfield Township Zoning Board of Appeals
meeting of February 12th, 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.
ATTENDANCE: Board Members, Brian Henry, Jane Reisinger,
Carol Rosati, Robert Taylor, and Chairman Corinne Khederian.
ABSENT: James Aldrich, David Buckley, Brian Kepes, Lisa
Seneker
STAFF PRESENT: Patricia McCullough, Planning and Building
Director, Brenda Schultow, Code and Ordinance Officer, Robin
Carley, Development Coordinator, Kathy Davis, Building
Secretary, and Christopher Gruba, Assistant Planner.
APPROVAL OF MINUTES
A. Approval of the Zoning Board of Appeals Minutes of
January 8th, 2008.
Motion by Mr. Taylor, Seconded by Ms. Reisinger to approve
the Zoning Board of Appeals minutes of January 8th, 2008, as
written.
Motion carried, 5 – 0.
III. APPEALS
Tabled Items
(1T) 4328 Vernor Court – M. Carolan
Mr. Michael Carolan, homeowner, was present seeking
approval to continue the use of an existing 4 ft. high chain
link fence with a gate, used as a dog run, enclosing an area
at the rear of the home, located 35 ft. from the rear lot line
and more than 16 ft. from the side lot lines for Lot 143,
Vernor Estates No. 3, Section 16. The Code of the Charter
Township of Bloomfield, Chapter 8, Article II, Section 8-26
states that all outdoor enclosures and fenced dog run areas,
are subject to the review and approval of the Zoning Board of
Appeals. (19-16-451-002)
Mr. Carolan addressed the Board with the request for a
continued use of an existing 4-foot high chain link fence with
a gate, to be utilized as a dog run, to enclose an area at the
rear of the home. Mr. Carolan made reference to the
photographs provided and stated the additional two (2) trees
were installed as requested by the Zoning Board of Appeals
from February 13th, 2007, along with English ivy on
the existing fence posts to help screen the fence from the
adjacent neighbors view. Mr. Carolan provided a landscape plan
to the Board prepared by Mr. Gregory Baughman, landscape
architect.
Ms. Patti McCullough, Planning and Building Director, made
reference to the photographs provided and indicated the
additional plantings would provide screening as requested by
the Zoning Board. Ms. McCullough stated the English ivy
installed would thrive over time growing up and along the
fence obscuring the dog run from view.
Ms. Reisinger made mention of the letter received in
opposition of the variance from Mr. Miroslav Vlcko, resident
at 4243 Sunningdale Drive.
Mr. Taylor made mention of the letter received from Mr.
Gene Nelson, Chairman of Vernor Estates Association, dated
February 11th, 2007, indicating the Association
restricts against installation of fencing, with the provision
in the declaration of restrictions has been for pool
enclosures that are required by law.
Ms. Rosati made mention of the letter received from Mr.
Gene Nelson, Chairman of Vernor Estates Association, dated
February 10th, 2008, indicating the Association
restricts against installation of fencing, however, the
enclosure had been maintained and appears to have met the
Township requirements. There have been no objections raised by
Association members. The Vernor Estates Association has no
objection to this fencing as long as these provisions are
maintained.
Motion by Mr. Taylor, Seconded by Ms. Reisinger in regard
to the appeal at 4328 Vernor Court for the continued use of a
dog run, that the request be approved as submitted based on
the information presented, the applicant did demonstrate
compliance with Section 42-55 Standards and the dog license(s)
must be obtained annually from the Township.
Motion carried, 4 – 1.
YEAS: Taylor, Reisinger, Rosati, Khederian
NAYS: Henry
(2T) Item removed at the applicant’s request
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) 1080 Forest Lane – J. Benton
Mr. James Benton, homeowner, was present seeking approval
for the following dimensional variances for Lot 22,
Supervisor’s Plat of Berkshire Forest, Section 34:
An existing 4 ft. high ornamental replacement fence,
located in a front yard along the side and front lot lines.
A proposed 4.5 ft. high manual gate to match the proposed
fence, located in a front yard at the driveway entrance.
An existing 6 ft. high wood privacy fence, located in a
side yard, for the purpose of screening the existing
ground-mounted mechanical and electrical units.
The Code of the Charter Township of Bloomfield, Chapter 42,
Article IV, Section 42-566 states that fences in a residential
district shall be located in a side or rear yard and shall not
exceed 4 ft. in height. The Code of the Charter Township of
Bloomfield, Chapter 42, Article IV, Section 42-559 states that
ground mounted mechanical and electrical equipment, when
placed in a side yard, shall be screened from view by a screen
wall consisting of materials identical to those used on the
main building or, through the use of evergreen plant material
at least the height of the equipment and located at the point
of placement of the equipment, and that such vegetation shall
be maintained in a healthy condition. (19-34-328-019)
Mr. Benton addressed the Board with a three-part variance
request. Mr. Benton made reference to the site plan and
indicated the existing 4-foot high ornamental fence to replace
a bob wired fence, located in the front yard along the side
and front lot lines. Mr. Benton made reference to the site
plan and indicated the proposed 4.5-foot high manual gate to
match the proposed fence, would be located in the front yard
at the driveway entrance. Mr. Benton addressed the last
variance request the existing 6-foot high wood privacy fence,
located in the side yard. Mr. Benton made reference to the
site plan and stated the purpose of the fence was to screen
the existing ground-mounted mechanical and electrical units.
Mr. Benton stated the adjacent neighbors and Mr. Jacoby of
Berkshire Forest Association granted approval for the
three-variance requests.
Motion by Ms. Reisigner, Seconded by Ms. Rosati in regard
to the appeal at 1080 Forest Lane for the existing 4-foot high
replacement fence with a 4.5-foot high gate located in a front
yard, an existing 6-foot high wood privacy fence for the
purpose of screening the existing ground-mounted mechanical
and electrical units, that the variances 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. Gates must be a breakaway
type. Petitioner must submit a Hold Harmless Affidavit to the
Township, submit an ordinance permit application for both
fences within five (5) business days to the Building Division,
and appeal information must be shown on the final grade
certificate.
Motion carried, 5 – 0.
(2) 1830 Mohawk Court - D. Armitage
Ms. Kristi Armitage, homeowner, was present seeking
approval for an existing accessory structure, an
air-conditioning unit, screened with proposed evergreen
plantings, located in a secondary front yard, Cimarron Drive
frontage, more than 38 ft. from the front lot line, Lot 46,
Lone Pine Heights No.1, Section 19. 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 or side yard, and
that evergreen material utilized in vegetative screen walls
shall be maintained in a healthy condition. (19-19-127-006)
Ms. Armitage addressed the Board with the request for an
existing air-conditioning unit, located in a secondary front
yard to be screened with proposed evergreen plantings. Ms.
Armitage made reference to the site plan and indicated this is
the best location for the air-conditioning unit, given the new
addition does not allow for any other placement. Ms. Armitage
indicated on the site plan the four (4) 4-foot tall evergreens
to be planted in the spring to screen the air-conditioning
unit from view.
Motion by Ms. Rosati, Seconded by Ms. Reisinger in regard
to the appeal at 1830 Mohawk Court for an existing
air-conditioning unit located in a secondary front yard, that
the variance be approved as requested. Based on the
information presented, given the property has two (2) front
yards, the applicant did demonstrate to the Board’s
satisfaction all of the standards for practical difficulty.
Petitioner must submit a mechanical and an electrical permit
application for the a/c within five (5) business days to the
Building Division.
Motion carried, 5 – 0.
(3) 6805 Colby Lane – K. Rinke
Mr. Bill Derocher, of Custom Homes by Derocher, was present
seeking approval for existing accessory structures, twelve 3.7
ft. high brick piers, four of the piers having a 2.1 ft. high
light fixture, screened with existing trees and evergreen
plantings, located in a front yard around the perimeter of an
existing motor court more than 16 ft. from the side lot lines,
Lot 6, Supervisor’s Plat No. 6, Section 32. 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. (19-32-176-012)
Mr. Derocher addressed the Board with a request for twelve
(12) existing 3.7-foot high brick piers, four (4) having a
2.1-foot high light fixtures, located in front yard around the
perimeter of an existing motor court, screened with existing
trees and evergreen plantings. Mr. Derocher stated the
lighting would provide safety given this street is
non-illuminated. Mr. Derocher made mention of the approval
letter submitted for the variance request from Mr. Ross
Merchant, of Bloomfield Meadows Homeowners Association.
Motion by Mr. Taylor, Seconded by Ms. Rosati in regard to
the appeal at 6805 Colby Lane for twelve (12) existing piers,
that the request be approved as submitted, and the variance
for the twelve (12) existing piers located in a front yard be
granted. Based on the information presented, the applicant did
demonstrate compliance with Section 42-55 Standards, and did
demonstrate all of the standards for practical difficulty. Petitioner must submit an ordinance
permit application for the piers and an electrical permit
application for the light fixtures within five (5) business
days to the Building Division.
Motion carried, 5 – 0.
(4) 3985 Lakeland Lane – C. Gilardone
Mr. Charles Gilardone, homeowner, was present seeking
approval for existing accessory structures, a 2’ x 2’ x 4.8’
high brick pier located in a front yard at the southerly side
of the driveway entrance, for the construction of a retaining
wall screened with existing trees having an overall height of
2.9 ft. located in the side and rear yards along the southerly
side lot line, and an existing retaining wall screened with
existing trees and evergreen plantings having an overall
height of 3.5 ft. located in the side and front yards along
the northerly side lot line of Lot 9, Island Lake Woods No.1,
Section 18. 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 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. (19-18-426-002)
Mr. Gilardone addressed the Board with the request for the
existing two (2) retaining walls and a pier. Mr. Gilardone
made reference to the plot plan and indicated the height of
the landscape retaining walls and pier was due to the 15
to19-foot change in grade from the finish floor to the road.
Mr. Gilardone indicated the single pier was installed to
adequately identify the site address given the change in
elevation from the road to the home. Mr. Gilardone stated the
address was placed on the pier for identification purposes.
Mr. Gilardone indicated the existing 3.5-foot high retaining
wall along the north side yard was installed to match the
grades along the adjoining property lines, allowing for a safe
access drive. Mr. Gilardone addressed the existing 2.9-foot
high stone retaining wall, located in the side and rear yards
along the southerly side lot line, screened with existing
trees and evergreen plantings. Mr. Gilardone stated the stone
retaining wall was installed to protect existing vegetation
and to prevent the possibility for future erosion or flooding
conditions. Mr. Gilardone stated the tops of the walls were
built to match existing grades of the adjoining properties.
Mr. Gilardone commented the walls and pier were made from
matching materials that was used on the home.
Motion by Mr. Taylor, Seconded by Ms. Reisinger in regard
to the appeal at 3985 Lakeland Lane for two (2) retaining
walls and a pier, that the request be approved as submitted,
and the variance for a pier located in the front yard, a
retaining wall in the southerly side yard, and a retaining
wall in the front and northerly 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 an ordinance permit
application for the retaining walls and pier, an electrical
permit application for the light on the pier within five (5)
business days, to be submitted to the Building Division, and
the appeal information must be shown on the final grade
certification.
Motion carried, 5 – 0.
(5) Item has been re-scheduled for March 11th,
2008 meeting, at the applicant’s request.
Seeking approval for an existing accessory structure, a 6’
x 7’ x 6.5’ high resin storage shed screened with existing
evergreen trees, located in a rear yard 16 ft. from the
northerly side lot line and 40 ft. from the rear lot line, Lot
6, 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 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. (James Cunningham, 5197 Wing Lake
Road,19-20-401-011)
(6) 2343 Telegraph Road – Costco Wholesale
Ms. Patti McCullough, Planning and Building Director,
addressed the following dimensional variances on behalf of
Costco Wholesale, to allow for the construction of a new
Costco Wholesale warehouse, Acreage Parcel, Section 5:
A proposed loading area, located in a front yard,
Telegraph Road frontage.
A parking variance with the proposed plan indicating 687
parking spaces for the construction of a new Costco
Wholesale, where 767 spaces are required for this type of
use, a deficiency of 80 spaces.
For two permanent non-illuminated wall signs totaling
208.9 sq. ft., one 23.1 x 6.3’ wall sign totaling 145.5 sq.
ft., and one 15.1’ x 4.2’ wall sign totaling 63.4 sq. ft.,
located on the street side façade, Telegraph Road frontage.
The Code of the Charter Township of Bloomfield, Chapter 42,
Article III, Section 42-527 states that loading space shall be
provided in a rear yard. The Code of the Charter Township of
Bloomfield, Chapter 42, Article IV, Section 42-560 establishes
that 767 spaces are required for this type of use within the
B-2, Community Business, zoned district. The Code of the
Charter Township of Bloomfield, Chapter 42, Article IV,
Section 42-568 allows for one ground, temporary, or wall sign
within the B-2, Community Business, zoned district and that in
no instance shall the wall sign exceed 150 square feet in
area. (19-05-476-086)
Ms. McCullough addressed the Board with a three-part
variance request. Ms. McCullough made reference to the
proposed concept site plan and indicated the proposed loading
area, located in a front yard, of Telegraph Road frontage. Ms.
McCullough stated the purpose for redeveloping the Costco site
is to replace a retrofitted 124,000 square foot building with
a 154,000 square foot Costco proto-type building. Ms.
McCullough commented based on the parcel configuration and
existing driveways shared by adjoining users, the location of
the Costco entrance and loading area are basically set by
these constraints. Ms. McCullough addressed the parking
variance with the proposed plan indicating 687 parking space
configurations, where 767 spaces are required for this type of
use, leaving a deficiency of 80 spaces. Ms. McCullough
indicated given that there is not a recorded shared parking
easement agreement and with the Costco customers coming to and
from allowing all patrons ample access within the shopping
center. Ms. McCullough addressed the two (2) permanent
non-illuminated wall signs, located on Telegraph Road street
façade. Ms. McCullough indicated one (1) sign 23.1’ x 6.3’
wall sign totaling 145.5 square feet and one (1) 15.1’ x 4.2’
wall sign.
Ms. Rosati questioned the Planning Commission approval for
the proposed loading area.
Ms. Reisinger replied the Planning Commission reviewed and
determined the concept site plan loading area as proposed, was
the best location given the proposed building layout. Ms.
Reisinger made reference to the concept site plan and
indicated the wall to screen the proposed loading dock, which
is open to the general parking area. Ms. Reisinger stated
Costco deliveries would take place between 4:30 a.m. and 9:30
a.m., the trailers would not remain in the dock area, that
they would be unloaded and stocked within a two (2) hour
timeframe. Ms. Reisinger made reference to the delivery window
on the concept site plan that would be utilized for smaller
deliveries.
The Board discussed the parking layout and usage of the
existing shopping center.
Ms. Rosati asked the Board for three (3) separate motions.
Ms. Rosati commented given this is a new building and when
designing a building from scratch the proposed loading area
could be located in the rear of the building.
Ms. McCullough made reference to the letter submitted from
Mr. Theodore R. Johnson, President of Design Strategies. Ms.
McCullough read the third paragraph to the Board. "When the
new proto-type warehouse is constructed and operational, the
majority of Costco deliveries will take place between 4:30
a.m. and 9:30 a.m. when the largest shift of receiving
employees are present. Depending on scheduling, some trucks
may arrive earlier to "drop" a trailer in the dock area.
Because of this, we have a "delivery window" for Costco trucks
between the hours of 6:00 p.m. to 10:00 a.m.
The Board discussed the loading area delivery operations
conflicting with the public activity.
Motion by Ms. Reisinger, Seconded by Mr. Henry in regard to
the appeal at 2343 Telegraph Road South for a loading area to
be located in a front yard, Telegraph Road frontage, 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 building permits from the
Building Division.
Motion carried, 4 – 1.
YEAS: Reisinger, Henry, Taylor, Khederian
NAYS: Rosati
Motion by Ms. Reisinger, Seconded by Ms. Rosati in regard
to the appeal at 2343 Telegraph Road South for the deficiency
of 80 parking spaces, 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 building permits from the Building Division.
Motion carried, 5 – 0.
Motion by Ms. Reisinger, Seconded by Mr. Taylor in regard
to the appeal at 2343 Telegraph Road South for the use of two
(2) permanent wall signs totaling 208.9 square feet, that the
variance be approved as requested. Based on the information
presented, the applicant did demonstrate to the Board’s
satisfaction all of the standards for practical difficulty.
The signs would provide identification and safety for the
public. Petitioner must obtain all necessary building permits
from the Building Division.
Motion carried, 5 – 0.
IV. GENERAL BUSINESS
Next Board Meeting – March 11th, 2008
Chairman Khederian thanked Ms. Jane Reisinger for her
service to the Township serving on the Zoning Board of
Appeals.
V. ADJOURNMENT
Respectfully submitted,
Patricia McCullough, Director
Planning and Building Division
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 DIVISION AFTER THE NEXT SCHEDULED BOARD OF APPEALS
MEETING.
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