Zoning Board of Appeals Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
ZONING BOARD OF APPEALS AGENDA
Tuesday, March 11th, 2008 – 7:00 P.M.
Bloomfield Township Hall

Welcome to the Bloomfield Township Zoning Board of Appeals meeting of March 11th, 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, James Aldrich, David Buckley, Brian Henry, Brian Kepes, Lisa Seneker, Sherry Stefanes, and Chairman Corinne Khederian.

ABSENT: Robert Taylor

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 February 12th, 2008.

Motion by Mr. Henry, Seconded by Ms. Stefanes to approve the Zoning Board of Appeals minutes of February 12th, 2008 as written.

Motion carried, 6 – 0.

Chairman Khederian addressed the audience and stated item (9) 954 Hickory Heights Drive, has been rescheduled to April’s agenda, at the petitioner’s request.

III. APPEALS

A. New Items

(1) 4319 Chamberlain Drive – J. Colton

Mr. Michael Gordon of Moiseev/Gordon Associates, Inc., was present seeking approval for a 4.7 ft. encroachment into the required 35 ft. rear yard setback for the construction of a proposed single story addition, located 30.3 ft. from the rear lot line, Lot 4, Orchard Valley, Section 32. 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. (19-32-351-012)

Mr. David Buckley, Board Member arrived.

Mr. Gordon addressed the Board with the request for a 4.7-foot encroachment into the rear yard setback for the construction of a single story addition. Mr. Gordon made reference to the site plan and indicated the proposed single story addition would be to accommodate the needs for a modern kitchen with adequate storage and closets. Mr. Gordon stated this would be the best location given the existing septic field. Mr. Gordon submitted subdivision association and the adjacent neighbors comments to the Board.

Motion by Mr. Aldrich, Seconded by Ms. Seneker in regard to the appeal at 4319 Chamberlain Drive for a 4.7-foot encroachment into the required 35-foot rear yard setback for the construction of a single story addition, 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.

Motion carried, 7 – 0.

(2) 3026 W. Ridge Court – A. McDonald

Mr. Gary Pipia of Oak Electric Service, was present seeking approval for the installation of an accessory structure, a proposed stand-by generator, screened with existing and relocated evergreen plantings, located in a side yard immediately adjacent to the southerly wall of the building, Unit 15, Hickory Ridge Village, Section 9. The Code of the Charter Township of Bloomfield, Chapter 42, Article IV, Section 42-559 states that within a One-Family cluster residential district, ground mounted mechanical and electrical equipment shall be permitted in any rear yard when placed immediately adjacent to the residential building. (19-09-301-042)

Mr. Pipia addressed the Board with the request for a proposed 25kW stand-by generator, to be screened with existing and proposed evergreen plantings, to be located in a side yard immediately adjacent to the southerly wall of the existing building. Mr. Pipia made reference to the site plan and indicated the proposed side yard location for the stand-by generator. Mr. Pipia stated the proposed generator would be placed adjacent to the existing air conditioning unit, which is currently screened by an existing wall. Mr. Pipia stated additional evergreens would be installed to screen the proposed generator and the existing air-conditioning unit from view of the street and the adjacent neighbor.

Chairman Khederian made mention of the comments received from the Hickory Ridge Village Association for the variance request.

Motion by Ms. Stefanes, Seconded by Mr. Aldrich in regard to the appeal at 3026 W. Ridge Court for the installation of a stand-by generator located in a side yard within a One-Family cluster residential district, 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, a mechanical, and use/ordinance permits, and must comply with the Noise Ordinance with 70dB(A) at property line.

Motion carried, 7 – 0.

(3) 6293 Dakota Circle - R. Ajluni

Mr. Steven Ramaekers of MainStreet Design Build, and Mr. Roger Ajluni, homeowner, were present seeking approval for following dimensional variances to allow renovations to the existing non-conforming home on Lot 76, Sly Farms No. 2, Section 29:

The Code of the Charter Township of Bloomfield, Chapter 42, Article IV, Section 42-558 states that non-conformities shall not be enlarged upon, expanded, or extended. The Code of the Charter Township of Bloomfield, Chapter 42, Article III, Section 42-527 requires a minimum of 16 ft. in the side yard setback, that ground mounted mechanical and electrical equipment in side yards shall be screened from view through the use of evergreen plant material at least the height of the equipment, that evergreen plant material utilized in vegetative screen walls shall be maintained in a healthy condition, and that in those instances where waterfront properties have been developed with waterfront setbacks of greater than 50 ft., new construction or remodeling of a principal building shall be set back from the waterfront the average of the setback of the principal buildings on the nearest improved waterfront lots within 500 ft. of each side of the lot in question, however, in no instance shall a setback in excess of 100 ft. be required. (19-29-301-018)

Mr. Ramaekers addressed the Board with a three-part variance request. Mr. Ramaekers submitted the neighbor’s approval and the comments from Wing Lake Farms for the variance requests. Mr. Ramaekers addressed each variance request individually and in detail to the Board. Mr. Ramaekers made reference to the proposed site plan and indicated the first variance request, an encroachment of 6-feet into the required 16 ft. side yard setback for the construction of a proposed single-story front addition, located 81.7 ft. from the front lot line and 10 ft. from the northerly side lot line. Mr. Ramaekers stated the addition off of the front would add two (2) bedrooms to the existing home. Mr. Ramaekers addressed the second variance request, and indicated revisions were submitted to reflect to encroach 2.5 ft. into the required 16 ft. side yard setback and 12.6 ft. into the lakeside setback for the construction of a proposed single-story rear addition, located 13.5 ft. from the northerly side lot line and 87.4 ft. from the water’s edge, with the maximum lakeside setback not to exceed 100 ft. The average setback of the neighboring properties is 118.6 ft. Mr. Ramaekers made reference on the proposed site plan and indicated the variance request would allow to construct a master suite addition off of the rear of the home. Mr. Ramaekers addressed the last variance request to the Board to encroach 5.9 ft. into the required 16 ft. side yard setback for the installation of a proposed air-conditioning unit screened with existing trees and proposed evergreen plantings, located in a side yard 10.1 ft. from the northerly side lot line. Mr. Ramaekers made reference to the site plan and stated based on the comments from the Wing Lake Farms Association, the air-conditioning unit is to be away from the front of the house. Mr. Ramaekers indicated the proposed location for the air-conditioning unit would encroach 5.9 ft. into the required 16 ft. side yard setback, to be screened with existing trees and proposed evergreen plantings, located in a side yard 10.1 ft. from the northerly side lot line.

Dr. Sal Forman, resident at 6307 Dakota Circle, was present and spoke in support of the variance requests as submitted.

Mr. Ajluni, homeowner, was present and asked the Board for consideration. Mr. Ajluni stated over the years his family has grown however, the house has not.

Ms. Seneker made mention of a letter submitted from Mr. and Mrs. Norman Hyman, residents at 6233 Dakota Circle. Ms. Seneker indicated the Hyman’s were in support of the variances as requested with the exception of the request for the lakeside setback.

Motion by Mr. Aldrich, Seconded by Mr. Buckley in regard to the appeal at 6293 Dakota Circle to extend an existing nonconforming home, to encroach 6 ft. into the required 16 ft. northerly side setback for the construction of a front single story addition, to encroach 2.5 ft. into the required 16 ft. side yard set back and revised as submitted 12.6 ft into the required 100 ft. lakeside setback for the construction of a rear single-story addition, and to encroach 5.9 ft. into the required 16 ft. northerly side setback for the installation of an air-conditioning unit, 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. Petitioner must obtain all necessary building, electrical, mechanical and plumbing permits.

Motion carried, 7 – 0.

(4) 4085 Maple Road West – Maple & Telegraph LLC

Mr. Stuart Frankel, property owner, was present seeking approval for a variance of six (6) 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 twelve (12) spaces are required for this type of use, with only six (6) spaces approved for this retail tenant space. (19-33-101-001)

Mr. Frankel addressed the Board with the request for six (6) parking spaces for the proposed nail salon. Mr. Frankel made reference to the site plan and indicated the location of the proposed tenant space. Mr. Frankel stated the proposed nail salon would occupy approximately 1,100 square feet within an existing shopping center. Mr. Frankel commented the proposed tenant was previously before the Board January 8th, 2008 asking for nine (9) parking spaces, which failed. Mr. Frankel stated the floor plan has been revised by eliminating one (1) station and chair, which would reduce the parking spaces to six (6) for the proposed nail salon. Mr. Frankel made reference to the existing tenants Mai Kai Cleaners and Duru’s Tailors and commented one (1) staff member and one (1) customer occupy them both during business hours. Mr. Frankel indicated the proposed nail salon would not hinder over lapping of parking within the existing shopping center.

Mr. Jack Tham, tenant of Liquid Salon, at 6652 Telegraph Road, was present and spoke in objection of another salon being within the same corner.

Ms. Sue Vandamm, proposed tenant, Venetian Nails, was present and stated the business hours would be Monday – Saturday, 9:30 AM to 7:00 PM.

Chairman Khederian identified a memo submitted from Mr. Michael McCully, Township Fire Marshal, dated February 14th, 2008. The memo stated the Fire Department is not in favor of granting a variance of the parking ordinance as it relates to the above address as requested, it would only add to the current problem and may reduce the ability to properly provide emergency services at the shopping center.

Mr. Buckley questioned would the Township monitor the tenant to verify that additional workstations have not been added.

Ms. Patti McCullough, Director of Planning and Building, replied the Township would periodically verify the tenant space that additional workstations have not been added.

Motion by Mr. Buckley, Seconded by Mr. Aldrich in regard to the appeal at 4085 Maple Road West for a variance of six (6) parking spaces for the inclusion of a proposed nail salon, 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.

Motion carried, 5 – 2.

YEAS: Buckley, Aldrich, Henry, Kepes, Stefanes

NAYS: Seneker, Khederian

(5) 7420 & 7530 Inner Circle Drive – B. Fienman

Mr. James Scott of James C. Scott & Associates, and Dr. Fienman, homeowner, were present seeking approval for accessory structures, two 2’ x 2’ x 4’ high proposed brick piers with 4’ high proposed electronic gates, screened with existing and proposed plantings, located in a required front yard at each side of the driveway entrance approximately 70 ft. from the front lot line, Hidden Brook Lane, and 35 ft. from the easterly side lot line, Acreage Parcels, Section 31. The Code of the Charter Township of Bloomfield, Chapter 42, Article IV, Section 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. 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. (19-31-376-033; 036; 038; 039)

Mr. Scott addressed the Board with the request for two (2) 2’ x 2’ x 4’ high proposed brick piers with 4’ high proposed electronic gates to be screened with existing and proposed plantings, located in a front yard at each side of the driveway entrance. Mr. Scott made reference to the proposed site plan and indicated the location of the two (2) brick piers and electronic gates. Mr. Scott indicated the proposed electronic gates would be located 70-feet off the road right-of-way of Hidden Brook Lane. Mr. Scott stated the materials of the proposed piers would match the stone on the existing home. The proposed gate material would be iron and black in color. Mr. Scott made reference to the photographs and indicated the existing evergreen plantings for the proposed accessory structures.

Motion by Ms. Stefanes, Seconded by Mr. Kepes in regard to the appeal at 7420 and 7530 Inner Circle Drive for the construction of two (2) piers, that the request be approved as submitted, and the variance for the construction of two (2) piers and gates 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. Contingent upon the removal of the two (2) existing warning signs. Petitioner to submit a Hold Harmless Affidavit to the Township, the gates should be equipped with a quick release mechanism and a knox box or similar knox device approved by the Fire Marshal must be installed on the gate, and two (2) permits must be obtained (an ordinance permit for the piers and an electrical permit for the gates)

Motion carried, 7 – 0.

(6) 3555 Forest Hill Road – Maplewood Homes, LLC

Seeking approval for existing accessory structures, three 4’ x 4’ x 3.2’ high brick piers, screened with proposed plantings, one located in the front yard and two located in the rear yard approximately 68 ft. from the southerly side lot line, Lot 28, Brookside Hills Subdivision, Section 16. 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. (19-16-203-002)

No one was present for this item.

Motion by Mr. Aldrich, Seconded by Ms. Seneker to move this item to the end of the agenda to allow the applicant to be present,

Motion carried, 7 – 0.

(7) 1335 Forest Lane – A. Booth

Ms. Zoe Booth, homeowner, was present seeking approval for the construction of an accessory use/structure, an existing 56’ x 27’ ice rink with 1 ft. side boards to be used on an annual basis, December through February, screened with existing trees, located in a front yard between the two driveway entrances 22 ft. from the front lot line, Lot 10, Supervisor’s Plat of Berkshire Forest, Section 34. The Code of the Charter Township of Bloomfield, Chapter 42, Article IV, Section 42-559 states that an accessory use/structure 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. (19-34-377-002)

Ms. Booth addressed the Board with the request for an existing 56’ x 27’ ice rink with 1-foot side boards to be used on an annual basis, December through February. Ms. Booth presented the Board with the adjacent neighbors comments. Ms. Booth made reference to the site plan and indicated the location of the ice rink would be in the front yard. Ms. Booth stated the rear yard is sloped which, would not allow for an ice rink to be installed.

The following neighbors granted approval by submitting letters to the file, Mr. Fotini Lazaros, resident at 1300 Forest Lane, Mr. and Mrs. Kenneth Kaman, residents at 1255 Forest Lane, Ms. Patricia Jacoby, resident at 1295 Forest Lane, Mr. John Bosley, resident at 1350 Forest Lane, Mr. Stephen Chickonoski, resident at 1400 Forest Lane, and Ms. Reem Alsabti, resident at 1451 Forest Lane.

Motion by Mr. Henry, Seconded by Mr. Aldrich in regard to the appeal at 1335 Forest Lane for an existing ice rink, that the request be approved as submitted, and the variance for an existing ice rink 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. Ice rink dates, installation November 15th – March 30th to be removed,

with the lawn to be restored to the condition of the previous summer and materials to be stored out of sight. Ice rink times of use: 3:00 – 9:00 PM, weekends to be daylight hours. No exterior lighting to be installed. Petitioner must submit an ordinance permit application prior to each installation.

Motion carried, 7 – 0.

(8) 5263 Franklin Road – D. O’Bryan

Mr. Dennis O’Byran, homeowner, was present seeking approval for the construction of an accessory structure, a proposed 58’ x 51.3’ x 26.3’ high detached two-story garage to include electrical and plumbing utilities, screened with existing trees and proposed evergreen plantings, located in front yards, Franklin Road and Clarendon frontages of Lots 63 and 64, Woodcrest Farms No. 1, Section 20. 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 exceed one (1) story or fourteen (14) ft. in height, shall be screened from adjacent residences with evergreen and deciduous material, which will obscure view twelve (12) months of the year, that such vegetation shall be maintained in a healthy condition, and shall require the review and approval of the Zoning Board of Appeals. (19-20-327-030)

Mr. O’Bryan addressed the Board with the request for a proposed 58’ x 51.3’ x 26.3’ high detached two-story garage to include electrical and plumbing utilities. Mr. O’Bryan made reference to the proposed site plan and indicated the location and square footage of the detached garage would be 1,961. Mr. O’Bryan stated the proposed detached garage would be utilized to store the vehicles, boat, and toys that are currently stored in the front and side yard of his home. Mr. O’Bryan stated he previously requested an 11-foot variance for a detached garage in 1997, however do to the cost the garage was never constructed.

Mr. Burt Mularoni, resident at 1572 Clarendon, was present and spoke in opposition of the variance request.

Mr. Lee Saperstein, resident at 1530 Clarendon, was present and spoke in opposition of the variance request.

Mr. Burt Mularoni Sr., resident at 22236 Village Pines, was present and spoke in opposition of the variance request.

Mr. O’Bryan replied to the neighbor’s comments. Mr. O’Bryan stated the proposed detached garage would infringe upon the existing tennis court; therefore the existing tennis court would be demolished to allow for the new detached garage to be constructed.

Mr. Aldrich questioned would the proposed garage have plumbing.

Mr. O’Bryan replied the purpose of the plumbing would be for a utility tub in the garage and the second floor would be utilized for storage.

Ms. Stefanes commented to the Board that a request for plumbing for a utility tub is not out of the ordinary for a garage. Ms. Stefanes commented given the size of the home the proposed detached garage would be within proportion.

Motion by Mr. Buckley, Seconded by Mr. Aldrich in regard to the appeal at 5263 Franklin Road for the construction of a proposed detached garage be approved as submitted, and the variance to locate the proposed 26.3 ft. high detached garage in front yards be granted. Based on the information presented, the applicant did demonstrate compliance with Section 42-55 Standards, and did demonstrate all of the standards for practical difficulty. Petitioner must submit a Single Family Affidavit to the Township, and obtain building, electrical, and plumbing permits prior to construction.

Motion carried, 7 – 0.

Item rescheduled to April 8th, 2008 agenda, at the petitioner’s request.

(9) 954 Hickory Heights Drive – D. Dagostino

Seeking approval for an existing accessory structure, an 8’ x 7’ x 9’ high storage shed with electrical, screened with existing trees, located in a rear yard immediately adjacent to the wall of the building 20 ft. from the westerly side lot line, Lot 73, Hickory Heights, Section 13. 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. (19-13-428-007)

(10) 5157 Wing Lake Road – S. Shammami

Mr. Thomas Ryan, was present representing the homeowner, seeking approval for an accessory structure, a partially installed 8.5’ x 8.5’ x 7.8’ high wooden storage shed without utilities including a .8 ft. high wooden platform, screened with existing trees and proposed evergreen plantings, located in a rear yard 9.5 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. Ryan addressed the Board with an apology regarding the miscommunication from his office at the previous meeting held on January 8th, 2008, that there was no representation for this item. Mr. Ryan presented to the Board a revised plan indicating a 12’ x 12’ wooden slab, located 3-feet away from the east and south property line for the placement of an 8.5’ x 8.5’ x 7.8’ high partially installed, wooden storage shed. Mr. Ryan made reference to the site plan and indicated the location of 9.5-feet for the partially installed storage shed and suggested with the removal of 3.5-feet off of the existing 12’ x 12’ wooden slab, would require a 3-foot variance request off the east and south property line. Mr. Ryan made reference to the photographs provided and commented the storage shed would be screened by the existing trees. Mr. Ryan commented from the previous meetings it was suggested that a garage be constructed to meet the homeowner’s needs. Mr. Ryan stated the request is for a simple storage shed, which is allowed by ordinances.

Ms. Seneker asked why the Board was hearing this item again.

Ms. Patti McCullough, Planning and Building Director, replied the request has been revised with a new proposal for the storage shed.

Ms. Seneker asked could the storage shed be located adjacent to the home.

Mr. Kas Dalaly, homeowner, was present and replied if the storage shed were to be relocated it would be an eye sore and a detriment to him, given there are windows along the rear of the home.

Mr. Steve Vanker, resident at 5250 Kellen Lane, was present and spoke in opposition of the variance request.

Ms. Julia Vanker, resident at 5250 Kellen Lane, was present and spoke in opposition of the variance request.

Ms. Michelle Margosian, resident at 5374 Echo Lane, and representative of the Dells of Bloomfield, was present and spoke in opposition of the variance request. Ms. Margosian stated the association prohibits shed within The Dells of Bloomfield.

Mr. Ryan replied and made reference to the site plan and stated the existing 12’ x 12’ wooden slab the homeowner would remove 3.5-feet closest to the easterly and southerly property line, which would place the storage shed 13-feet from the property line, which leaves a 3-foot variance request. Mr. Ryan stated additional arborvitaes would be installed on the west side to screen the storage shed from view of Wing Lake Road.

Motion by Mr. Henry, Seconded by Mr. Aldrich in regard to the appeal at 5157 Wing Lake Road for a partial installed shed, that the request be denied as submitted. Based on the information presented, the applicant did not demonstrate compliance with Section 42-55 Standards given the storage shed could be placed within other areas of the property, the storage shed will hinder and discourage the adjacent neighbors, given their comments received at tonight’s meeting, the nature, location, size and site layout of the storage shed is not harmonious district. The shed location, size, and site layout is objectionable to nearby residents and the subdivision association. The partially installed wooden storage shed and existing wooden slab is to be removed immediately upon approval of the minutes and the lawn to be restored by May 1st, 2008.

Mr. Kepes asked the Board for discussion and stated in his opinion the homeowner has provided sufficient information given there are windows on the rear of his home that this is an undo burden. Mr. Kepes made reference to the neighbor’s property and indicated the existing accessory structure, which is visible.

Motion carried, 6 – 1.

YEAS: Henry, Buckley, Aldrich, Seneker, Stefanes, Khederian

NAYS: Kepes

Chairman Khederian re-addressed item (6) to be heard.

(6) 3555 Forest Hill Road – Maplewood Homes, LLC

Mr. Jason Drewback, of Design Studio, was present seeking approval for existing accessory structures, three 4’ x 4’ x 3.2’ high brick piers, screened with proposed plantings, one located in the front yard and two located in the rear yard approximately 68 ft. from the southerly side lot line, Lot 28, Brookside Hills Subdivision, Section 16. 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. (19-16-203-002)

Mr. Drewback addressed the Board with the request for three (3) existing 4’ x 4’ x 3.2’ high brick piers, screened with proposed plantings, one located in the front yard and two located in the rear yard approximately 68 ft. from the southerly side lot line. Mr. Drewback made reference to the site plan and indicated the Board previously approved four (4) 4’ x 4’ 3.3’ high stone pillars, located in a front yard at each side of the two driveway entrances of Forest Hill Road frontage on June 12th, 2007.

Mr. Hal Pringle, resident at 3660 Forest Hill, was present and spoke in opposition of the variance request. Mr. Pringle stated the previously approved pillars are closer to 5-feet in height and are falling apart at the top.

Mr. Ed Anderson, resident at 3585 Brookside Drive, and Chairman of Brookside Hills Protective Association, was present and stated he has not received nor reviewed the plans presented to the Board. Mr. Anderson made reference to the site plan and stated his concern was with the restoration of the pond, which has now become more decorative.

The Board discussed the existing condition of the pillars and asked for verification and questioned the restoration pond that was discussed at the June 12th meeting and indicated the stipulation that the grade and landscaping material as it relates to the pond, be installed in conformance with the plan dated June 16th, 2006 prepared by Robert – Thomas Landscape Environments.

Ms. Patti McCullough, Planning and Building Director, shared the comments received from the Township Engineering and Environmental Department, who will be reviewing the pond restoration. Ms. McCullough commented she would forward the concerns to the Engineering and Environmental Department.

Motion made by Mr. Buckley, Seconded by Ms. Seneker in regard to the appeal at 3555 Forest Hill Road for the construction of (3) three piers, that the variance request be tabled to allow the applicant to provide plans to the homeowners association and seek their comments and for the Building Division to perform an site inspection to verify the height and condition of the existing pillars and report back to the Board.

Motion carried, 7 – 0.

IV. GENERAL BUSINESS

Next Board Meeting – April 8th, 2008

V. ADJOURNMENT

Respectfully submitted,

Patricia McCullough, Director

Planning and Building Division

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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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