Zoning Board of Appeals Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
ZONING BOARD OF APPEALS AGENDA
Tuesday, April 8th, 2008 – 7:00 P.M.
Bloomfield Township Hall

Welcome to the Bloomfield Township Zoning Board of Appeals meeting of April 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 audience and stated there are five (5) members of the Board present for tonight’s meeting. In order for a variance to pass four (4) members will need to vote in an agreement in order for the variance to pass.

Chairman Khederian stated to the audience item (12) for 3721 Thornbrier Way, has been removed at the petitioner’s request.

ATTENDANCE: Board Members, James Aldrich, Carol Rosati, Sherry Stefanes, Robert Taylor, and Chairman Corinne Khederian.

ABSENT: David Buckley, Brian Kepes, and Lisa Seneker

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 March 11th, 2008.

Motion by Ms. Rosati, Seconded by Mr. Aldrich to approve the Zoning Board of Appeals minutes of March 11th, 2008, as written.

Motion carried, 5 – 0.

III. APPEALS

A. New Items

(1) 2320 Hammond Lake Drive East – C. Schiffer

Mr. James Levine of Levine and Sons, was present seeking approval for the replacement of an accessory structure, a proposed air-conditioning unit, screened with existing evergreen plantings, located in a front yard immediately adjacent to the wall of the building of Part of Lots 79 and 80, Hammond Lake Estates, Section 6. 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 side or rear yard when placed immediately adjacent to the residential building. (19-06-301-011)

Mr. Levine addressed the Board with the request for a proposed air-conditioning unit, to be placed in the front yard immediately adjacent to the wall of the home, screened with existing evergreen plantings. Mr. Levine made reference to the photographs provided of the front yard location and indicated the existing evergreen screening. Mr. Levine indicated the rear yard location would cause unnecessary nuisance to the homeowner and both adjacent neighbors, given the rear yard faces Hammond Lake.

Motion by Ms. Rosati, Seconded by Ms. Stefanes in regard to the appeal at 2320 Hammond Lake Drive to replace the existing air-conditioner located in a front yard, given the air-conditioning unit is replacing the existing and it is screened from view, 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 Mechanical and Electrical permits prior to installation.

Motion carried, 5 – 0.

(2) 187 Cranbrook Road North – G. Girdler

Mr. Shane McClure of Mac Construction, along with Mr. Greg Girdler, homeowner, were present seeking approval for the installation of accessory structures, two proposed air-conditioning units, screened with proposed evergreen plantings, located in a side yard immediately adjacent to the wall of the building, one located 5.5 ft. from the northerly side lot line and one located 6.4 ft. from the northerly side lot line on Lot 291, Judson Bradway’s Bloomfield Village, Section 27. The Code of the Charter Township of Bloomfield, Chapter 42, Article IV, Section 559 states that ground-mounted mechanical or electrical equipment shall not be located in the required 16 ft. side yard setback, equipment in side yards must be screened from view through the use of evergreen plant material which must be at least the height of the equipment and located at the point of placement of the equipment, and that evergreen plant material utilized in vegetative screen walls shall be maintained in a healthy condition. (19-27-479-016)

Mr. McClure addressed the Board and made reference to the site plan and indicated the proposed location for two (2) air-conditioning units, to be placed in the side yard, immediately adjacent to the wall of the home, between the two bays of the house, one being located 5.5 ft. from the northerly side lot line and one located 6.4 ft. from the northerly side lot line. Mr. McClure stated the proposed two (2) air-conditioning units would be screened by the homeowner installing 6 to 8 Hicks Yews shrubs with a height from 3 to 6-feet to screen the air-conditioning units from view. Mr. McClure indicated the neighbor to the north has granted approval for the proposed location for the air-conditioning units.

Motion by Mr. Aldrich, Seconded by Mr. Taylor in regard to the appeal at 187 Cranbrook Road North for the installation of two (2) proposed air-conditioning units, one located 5.5 ft. from the northerly side lot line, and one located 6.4 ft. from the northerly side lot line, 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. Appeal information must be shown on a revised site plan and submitted to the Building Division, and the petitioner must obtain a mechanical and electrical permits prior to installation.

Motion carried, 5 – 0.

(3) 852 Yarmouth Road – K. Schwartz

Mr. Richard Zischke of Richard Zischke Architects, was present seeking approval for a 5.7 ft. encroachment into the required 40 ft. front yard setback for the construction of a proposed single-story covered porch addition, located in a front yard 34.3 ft. from the front lot line. Also seeking approval to encroach 2.6 ft. into the required 16 ft. side yard setback for the construction of a proposed fireplace addition, located in a side yard 13.4 ft. from the northerly side lot line. The existing home is currently non-conforming on Lot 86, Judson Bradway’s Bloomfield Village, Section 26. 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 and a minimum of 16 ft. in the side yard setback. (19-26-302-002; 003)

Mr. Zischke addressed the Board with a 5.7-foot encroachment into the required 40 ft. front yard setback for the construction of a proposed single-story covered porch addition and a 2.6-foot encroachment into the required 16 ft. side yard setback for the construction of a proposed fireplace addition. Mr. Zischke made reference to the proposed site plan and indicated the proposed fireplace chimney would be located on the north wall and would project the same distance that the front living room chimney projects into the side yard, which would be a 2.6-foot encroachment. Mr. Zischke stated the fireplace is being relocated from the rear of the house to the north side to allow for the family room to be expanded to the south, which would incorporate a new bay window with French doors. Mr. Zischke made reference to the proposed single-story covered front porch addition. Mr. Zischke indicated the new warp around front porch would be designed to function as a front porch, but to also act as a unifying architectural element tying the new garage and mudroom addition on the south side to the front façade. Mr. Zischke stated the current front porch extends 4-foot into the front yard setback, and is uncovered, which provides no protection from the elements. Mr. Zischke commented the proposed front porch is 6-foot in depth and would project 5.7-feet into the front yard setback at the south end and 4.2-feet into the north end. Mr. Zischke commented Judson Bradway’s Bloomfield Village has provided their comments for these requests for variances.

Mr. Donald Dawson, resident at 835 Yarmouth, was present and spoke in support of the variance requests.

Motion by Mr. Taylor, Seconded by Ms. Stefanes in regard to the appeal at 852 Yarmouth Road to encroach 5.7-feet into the required 40 ft. front yard setback for the construction of a proposed porch addition, and a 2.6-feet into the required 16 ft. side yard setback for the construction of a proposed fireplace 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, 5 – 0.

(4) 835 Yarmouth Road – D. Dawson

Mr. Michael Wolk of Michael Wolk & Associates, was present seeking approval to encroach 1.1 ft. into the required 16 ft. side yard setback for the construction of a proposed single-story addition to the existing non-conforming building, located in a rear yard 14.9 ft. from the southerly side lot line. Also seeking approval to encroach 3.1 ft. into the required 16 ft. side yard setback for the construction of a proposed firebox to the existing non-conforming building, located in a side yard 12.9 ft. from the southerly side lot line on Part of Lots 71 and 72, Judson Bradway’s Bloomfield Village, Section 26. 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. (19-26-301-010)

Mr. Wolk addressed the Board with the request to encroach 1.1-foot into the side yard setback for the construction of a proposed single-story addition and a 3.1-foot encroachment into the side yard setback for the construction of a firebox. Mr. Wolk made reference to the site plan and stated the homeowners would like to rebuild, a one-story four-season sunroom located in the rear yard 14.9 ft. from the southerly lot line. Mr. Wolk indicated the proposed sunroom wall would require a thicker exterior wall in order to provide sufficient insulation to meet the current code and to be energy efficient. Mr. Wolk stated the proposed exterior materials would be brick with limited horizontal siding to match the existing home. Mr. Wolk identified the proposed firebox to be located in the side yard 12.9 ft. from the southerly lot line. Mr. Wolk stated the proposed firebox would allow for a direct vent fireplace in the new sunroom addition. Mr. Wolk commented Judson Bradway’s Bloomfield Village has provided their comments for these requests for variances.

Motion by Ms. Rosati, Seconded by Mr. Aldrich in regard to the appeal at 835 Yarmouth Road to encroach 1.1 ft. into the required 16 ft. side yard setback for the construction of a single-story addition, and 3.1 ft. into the required 16 ft. side yard setback for the construction of a firebox 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 building permits.

Motion carried, 5 – 0.

(5) 1890 Square Lake Road West – R. Binno

Mr. Raad Binno, property owner, and Mr. Basil Jaberu with Studio of Creative Design, were present seeking approval to encroach 19 ft. into the required 35 ft. rear yard setback for the construction of a proposed new home, located 16 ft. from the rear lot line on Part of Lots 1, 2 & 7, All of Lots 8, 9 & 10 and Part of Lot 11, Square Lake Country Club, Section 6. 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. (19-06-379-002)

Mr. Jaberu addressed the Board with the request to encroach 19 ft. into the required 35 ft. rear yard setback for the construction of a proposed new home, to be located 16 ft. from the rear lot line. Mr. Jaberu indicated the location of the proposed home with a deck. Mr. Jaberu stated Sunset Drive, which is a road neighboring the adjoining property has been vacated and given to the neighboring properties.

Ms. Dawn Johnson, resident at 2453 E. Hammond Lake Drive, was present and questioned the proposed deck location and if screening would be installed.

Mr. Simo Milosevic, resident at 2455 E. Hammond Lake Drive, was present and spoke in objection of the variance request. Mr. Milosevic stated Sunset Drive, was not vacated and was not given to the neighboring properties. Mr. Milosevic provided photographs to the Board pertaining to the views from his property.

Mr. Jaberu made reference to the satellite photograph and indicated the proposed home would be a one-story residence with proposed screening installed.

Mr. Binno replied the proposed home and deck would be screened with evergreens to block the view from 2453 E. Hammond Lake Drive.

Ms. Rosati questioned would the proposed deck also encroach into the rear yard setback.

Mr. Jaberu replied the proposed home would encroach 19 ft. into the rear yard setback with a portion of the proposed attached deck.

Mr. Taylor questioned does the Township have verification regarding Sunset Drive being vacated and/or the ownership of the Road.

Ms. Patti McCullough, Planning and Building Director, replied a portion of Sunset Drive would be vacated, and spilt between the two adjacent properties, however until a legal description is received it is deemed a paper street.

Mr. Taylor commented if the street has not been vacated, each property owner would be the beneficiary of an additional 25-feet of Sunset Drive, which would eliminate the need for the variance request.

Motion by Mr. Taylor, Seconded by Ms. Stefanes in regard to the appeal at 1890 Square Lake Road to encroach 19 ft. into the rear yard setback for the construction of a new home and deck, to 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. Contingent upon the street being vacated, the need for the variance would eliminate the variance. Petitioner is to install 15-foot high evergreens, spaced 15-foot apart at the rear of the property line to screen the view from the adjoining neighbors. Petitioner must obtain all necessary permits.

Motion carried, 5 – 0.

(6) 7480 Cathedral Drive – R. Bdeir & Y. Fallaha

Mr. Rabei Bdeir, homeowner, was present seeking approval for the installation of a proposed 4 ft. high vinyl fence, located in a front yard along the secondary front lot line, Fourteen Mile Road frontage of Lot 297, Birmingham Farms Subdivision No. 3, Section 32. The Code of the Charter Township of Bloomfield, Chapter 42, Article IV, Section 42-566 states fences in a residential district must be located in a side or rear yard. (19-32-401-024)

Mr. Bdeir addressed the Board with the request to install a proposed 4-foot high vinyl fence to be located in a front yard along the secondary front lot line of Fourteen Mile Road frontage. Mr. Bdeir made reference to the site plan and indicated the sidewalk, which was installed last fall on Fourteen Mile Road between Wing Lake and Telegraph Road. Mr. Bdeir stated the sidewalk runs along the back yard, which allows walkers to have full view of his children’s play area. Mr. Bdeir asked the Board for the proposed fence to be installed for the safety of his children. Mr. Bdeir stated the Birmingham Farms Homeowners Association has provided comments.

Ms. Francis Martens, resident at 7479 Cathedral Drive, was present and spoke in support of the variance request.

Mr. Jeffery Halvorsen, resident at 7409 St. Auburn Drive, was present and spoke in opposition of the variance request and stated there are no fences along Fourteen Mile Road.

Ms. Stefanes commented the Township Ordinance does not allow for front yard fences therefore she would not approve of a fence being located within the front yard.

Motion by Ms. Rosati, Seconded by Mr. Taylor regarding the appeal at 7480 Cathedral Drive for the installation of a proposed 4 ft. high fence located in a front yard, 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 property has two (2) front yards. Petitioner must obtain an Ordinance permit prior to installation and the fence supports must face the petitioner’s property.

Motion carried, 4 – 1.

YEAS: Rosati, Taylor, Aldrich, Khederian

NAYS: Stefanes

(7) 6420 Telegraph Road – Bally Total Fitness

Mr. Paul Deters of Metro Detroit Signs, was present seeking approval to encroach 11.5 ft. into the required 25 ft. street side setback for the replacement of an existing sign, a proposed 15.1’ x 2’ ground sign, located on an existing 4.7 ft. high landscape wall, Telegraph Road frontage, 13.5 ft. from the front lot line on Acreage Parcel C285-14, Section 29. The Code of the Charter Township of Bloomfield, Chapter 42, Article IV, Section 42-568 states that no ground sign may be located nearer than 25 ft. to any existing right-of-way line. (19-29-476-019)

Mr. Deters addressed the Board with the request to encroach 11.5 ft. into the required 25 ft. street side setback for the replacement of an existing sign, which is in state of disrepair due to being hit a number of times by landscaping equipment. Mr. Deters proposed a 15.1’ x 2’ ground sign, located on an existing 4.7 ft. high landscape wall along Telegraph Road frontage, 13.5 ft. from the front lot line. Mr. Deters made reference to the site plan and indicated the proposed location and stated the sign meeting the 25 ft. setback requirements would be located into the parking lot, and would not be visible from Telegraph Road.

Motion by Mr. Taylor, Seconded by Ms. Rosati in regard to the appeal at 6420 Telegraph Road to encroach 11.5 ft. into the required 25 ft. setback to replace the existing ground 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 building and electrical permits prior to installation.

Motion carried, 5 – 0.

(8) 1584 Clarendon Road – S. Ponduri

Mr. Michael Dul of Michael J. Dul & Associates, was present seeking approval for the construction of accessory structures, two 2’ x 2’ x 5’ high proposed stone entry piers with wall mounted lights, screened with proposed plantings, located in a front yard on the front lot line 16 ft. from the easterly side lot line at each side of the driveway entrance, and a partially installed 6’ x 6’ high fountain screened with proposed plantings, located in a front yard approximately 56 ft. from the front lot line and 88 ft. from the westerly side lot line on Lot 5, Woodcrest Farms, 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 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. (19-20-301-006)

Mr. Dul addressed the Board with the request for two (2) 2’ x 2’ x 5’ high proposed stone entry piers with wall mounted lights, to be screened with proposed plantings. Mr. Dul made reference to the site plan and indicated the proposed stone entry piers would be located in a front yard on the front lot line 16 ft. from the easterly side lot line at each side of the driveway entrance. Mr. Dul stated the proposed entry piers would be constructed with stone veneer to match the residence. Mr. Dul made reference to the site plan and indicated the partially installed grey granite fountain located in the center vehicular motor court, which is located in the front yard 56 ft. from the front lot line and 88 ft. from the westerly side lot line. Mr. Dul indicated the partially installed 6’ x 6’ high fountain would be screened with clipped evergreen boxwood hedge and seasonal annual flower rotations.

Motion by Mr. Taylor, Seconded by Ms. Rosati in regard to the appeal at 1584 Clarendon Road for the construction of two (2) entry piers and an existing fountain, that the request be approved as submitted, and the variance for the construction of two (2) proposed entry piers and an existing fountain 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 obtain an electrical permit and the appeal information must be shown on the final grade certification.

Motion carried, 5 – 0.

(9) 1309 Kirkway Road – L. Young

Mr. John Mayer of John Lindsay Mayer Landscaping Architect, Inc., was present seeking approval for the construction of accessory structures, two proposed limestone retaining walls, which anchor a proposed boardwalk, ranging from 0 to 3 ft. high, screened with existing and proposed plantings, located in a rear yard 25 ft. from the water’s edge and 62.5 ft. from the westerly side lot line. Also seeking approval for the construction of a proposed 4’ x 25’ x 1.5’ high boardwalk extending from a proposed seasonal dock through the natural feature area and attached to the two proposed limestone retaining walls, located in a rear yard approximately 78.8 ft. from the westerly side lot line. Also seeking approval for the installation of a lawn area extending approximately 12 ft. from the proposed retaining walls towards the water’s edge, located within the natural feature area of Acreage Parcel AC149D, Section 17. The Code of the Charter Township of Bloomfield, Chapter 42, Article IV, Section 42-559 states that all 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. The Code of the Charter Township of Bloomfield, Chapter 42, Article IV, Section 42-573 requires a 25 ft. setback from the boundary or edge of a wetland. (19-17-251-006)

Mr. Mayer addressed the Board with the request for the construction of two (2) proposed retaining walls for the installation of a lawn area and a proposed boardwalk. Mr. Mayer commented the homeowners’ purchased the home in the fall of 2007 and expressed interest in a pontoon boat, given the property has access to Lower Long Lake because of a pond, which connects to the lake under the Kirkway Bridge. Mr. Mayer made reference to the site plan and indicated the proposed boardwalk would be accessed from a floating dock by means of a 4’ x 25’ x 1.5’ high boardwalk; grey colored wood grained decking bisecting the wetlands 7-feet and the natural features area 25-feet. Mr. Mayer made reference to the site plan and indicated the proposed boardwalk would be screened with existing and proposed plantings, Panicum Virgarum Red Switch Grass #2 pot and Iris Virginica Blue Flag Iris #2 pot. Mr. Mayer made reference to the site plan and indicated the proposed dry-laid stone retaining wall with the maximum height of 3-foot outside the natural features area as an anchor for the proposed boardwalk and to be utilized as a nature-viewing platform. Mr. Mayer stated 18" of soil will be retained for the platform and the remaining 18" of soil will be a free- standing seat wall. Mr. Mayer commented 7 cubic yards of soil would be used to back-fill the walls.

Ms. Stefanes questioned the length of the proposed boardwalk.

Mr. Mayer replied the approximate length of the proposed boardwalk is 15-feet.

Ms. Stefanes questioned the type of pontoon boat being utilized on the lake given the use of motorboats are restricted on Lower Long Lake.

Mr. Mayer replied the pontoon boat would be operated by an electric motor.

Mr. Taylor questioned the need for the permission request given there are no other boardwalks within the lake area.

Mr. Mayer replied the need for the boardwalk is within the wetland feature and is a small area. Mr. Mayer stated the permit that was granted by DEQ and the Township Engineering & Environmental Department for the wetlands, requested that the boardwalk be 18" off the high water mark. Mr. Mayer provided the Board with copies of the Wetlands permit from the Township and the DEQ permit from Michigan Department of Environmental Quality. Mr. Mayer commented to make the transition into grade, the boardwalk would need to be extended and due to the wetland feature of the natural feature, and given it has moist ground, the dock must be accessed in a safe manner.

The Board discussed the necessity of the proposed boardwalk.

Motion by Mr. Taylor, Seconded by Ms. Rosati in regard to the appeal at 1309 Kirkway Road for the construction of two (2) proposed retaining walls and a proposed boardwalk, that the request be approved as submitted, and the variance for the construction of a proposed boardwalk and planting located within the natural feature area 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 construction must be according to DEQ recommendations and the Township Wetlands Permit. Petitioner must obtain an ordinance permit prior to construction, and if removed the boardwalk must be stored off site.

Motion carried, 5 – 0.

(10) 1241 Club Drive – J. Epstein

Mr. Michael Dul of Michael J. Dul & Associates, was present seeking approval for the following variances on Lot 12, Supervisor’s Plat No. 7, Section 8:

The Code of the Charter Township of Bloomfield, Chapter 42, Article III, Section 42-527 requires new construction to 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. 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 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. 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. (19-08-451-020)

Mr. Dul addressed the Board with a 6-part variance request. Mr. Dul made reference to the proposed site plan and identified the first item, two (2) 2’ x 8’ x 6’ high limestone piers supporting a 6 ft. high metal electronic gates, located in the front yard approximately 55 ft. from the front line at each side of the driveway entrance. Mr. Dul stated the proposed piers would be setback 50-feet off of Club Drive right-of-way and placed within a natural tree grove. Mr. Dul stated the limestone material would match the proposed house. Mr. Dul identified the two (2) proposed limestone landscape walls with an overall height of 4 ft. screened with existing evergreens, to be located in the front yard 47.2 ft. from the front lot line extending from the side lot lines towards the proposed piers at each of the driveway entrance. Mr. Dul made reference to the proposed 4.5 ft. high masonry built-in grill extending from the supporting column for the second level terrace the structure will include a barbeque grill, sink, and countertops. Mr. Dul stated the proposed built-in grill would be nestled immediately adjacent to the home and integrated within the deck column, to be located in the rear yard, located more than 16 ft. from the easterly side lot line. Mr. Dul made reference to the proposed site plan and indicated two (2) proposed retaining walls to be used to create a proposed staircase with an overall height of 4 ft. to be screened with proposed plantings, to be located in the required easterly side yard. Mr. Dul stated the proposed retaining wall would be required to handle a grade transition in the side yard setback, constructed of natural limestone slabs. Mr. Dul addressed the proposed retaining wall with an overall height of 4 ft. for the purpose of creating a raised deck. Mr. Dul made reference to the proposed retaining wall extending from the wall of the building with an overall height of 4 ft., screened with proposed plantings, located in a side yard 9 ft. from the westerly side lot line.

Motion by Mr. Aldrich, Seconded by Ms. Rosati in regard to the appeal at 1241 Club Drive for the construction of two (2) piers, two (2) retaining walls used to create a proposed staircase, a masonry grill, a retaining wall located in the easterly side yard, and a retaining wall located in the westerly side yard, that the request be approved as submitted, and the variance for the construction of two (2) piers with electronic gates and two (2) limestone walls located in a front yard, the construction of two (2) retaining walls used to create a proposed staircase and the construction of a retaining wall located in the required easterly side yard, and a retaining wall located in the required in the westerly 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. The electronic gates must be installed according to the Fire Marshal’s specifications. The petitioner must submit a Hold Harmless Affidavit to the Township, prior to the gate installation, and must obtain all necessary permits prior to installation.

Motion carried, 5 - 0

(11) 954 Hickory Height Drive – D. Dagostino

Ms. Diane Dagostino, homeowner, was present 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)

Ms. Dagostino addressed the Board with the request for an existing 8’ x 7’ x 9’ high storage shed with electrical service, screened with existing trees, located in the rear yard. Ms. Dagostino stated the intent of the shed is to store yard and garden tools. Ms. Dagostino indicated the materials and colors of the existing shed match the existing home. Ms. Dagostino provided the Board with signatures from her neighbors in support of the existing storage shed.

Motion by Ms. Rosati, Seconded by Ms. Stefanes in regard to the appeal at 954 Hickory Heights Drive for an existing storage shed, that the request be approved as submitted based on the information presented, the applicant did demonstrate compliance with Section 42-55 Standards. Petitioner must submit an Ordinance permit application with five (5) business days and obtain an electrical permit.

Motion carried, 5 – 0.

(12) Item has been removed at the applicant’s request.

Seeking approval for an accessory structure, an 8’ x 11’ x 7’ high storage shed, screened with existing trees and proposed plantings, to be located in a rear yard 16 ft. from the southerly side lot line and 20 ft. from the rear lot line on Lot 66, Still Meadow, Section 16. The Code of the Charter Township of Bloomfield, Chapter 42, Article IV, Section 42-559 states that accessory structures shall be screened from adjacent residences with evergreen and deciduous material, which will obscure view twelve (12) months of the year, that such vegetation shall be maintained in a healthy condition, and shall require the review and approval of the Zoning Board of Appeals. (3721 Thornbrier Way, Celeste Cole, 19-16-278-006)

(13) 670 Wilshire Drive – S. Allison

Mr. Scott Allision, homeowner, was present seeking approval for an existing accessory structure, an 8’ x 10’ x 7’ high resin storage shed screened with existing trees and evergreen plantings, located in a rear yard .3 ft. from the westerly side lot line and 2 ft. from the rear lot line of Lot 31, Bloomfield Hickory Grove, Section 9. 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. (19-09-102-007)

Mr. Allison addressed the Board with the request for an existing 8’ x 10’ x 7’ high storage shed. Mr. Allison stated the existing shed a Rubbermaid plastic shed, is placed at the northwest corner of the rear yard. Mr. Allison indicated the shed is screened with existing trees and evergreen plantings.

Ms. Stefanes questioned if additional screening would be installed to screen the view of the shed from the street.

Ms. Allison replied additional screening could be installed to accommodate screening the shed from the street.

Motion by Ms. Stefanes, Seconded by Mr. Aldrich in regard to the appeal at 670 Wilshire Drive for an existing shed, that the request be approved as submitted, and the variance for an existing shed located .3 ft. from the westerly side lot line and 2 ft. from the rear 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. Given the slope and layout of the land with additional evergreens to be planted to obscure the view of the shed from the street. Petitioner must submit an Ordinance permit application with five (5) business days.

Motion carried, 5 – 0.

(14) 5157 Wing Lake Road – S. Shammami

Mr. Kas Dalaly was present on behalf of his wife, seeking approval for an accessory structure, a partially installed 5’ x 10’ x 8’ high wooden storage shed without utilities including a .5 ft. high wooden platform, screened with existing trees and proposed evergreen plantings, located in a rear yard 35 ft. from the southerly side lot line and 16 ft. from the rear lot line, 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 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 a revised location request for an existing partially installed 5’ x 10’ x 8’ high wooden storage shed without utilities including a .5 ft. high wooden platform, screened with existing trees and proposed evergreen plantings. Mr. Dalaly presented a revised location for the shed to be placed 35-feet from the southerly lot line and 16 from the east rear lot line, screened with existing trees.

Mr. Taylor questioned would additional screening be installed to screen the shed from the view of the adjacent neighbor.

Mr. Dalaly replied additional evergreens 6-foot high would be installed to screen the shed from the adjacent neighbors view.

Ms. Rosati stated the previous request required a dimensional variance request for the shed this request is for permission only, given the location of the shed conforms to the Township setback requirements.

Mr. Steven Vanker, resident at 5250 Kellen Lane, was present and spoke in opposition of the variance request based on the subdivision association guidelines.

Mr. Wayne Fullenkamp, resident at 5180 Kellen Lane, was present and spoke in opposition of the variance request based on the subdivision association guidelines.

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 deed restrictions prohibit sheds within The Dells of Bloomfield.

Mr. Dalaly replied the previous shed was removed due to disrepair, which Ms. Margosian was made aware of.

Mr. Taylor asked the Board for further discussion. Mr. Taylor stated given the existing shed was removed would suggest a new shed reinstalled would make sense. Mr. Taylor indicated the history stands for itself.

Chairman Khederian commented the location of the shed has changed and conforms to the Township setback requirements.

Ms. Stefanes commented the Board should adhere to the subdivision association deed restrictions.

Motion by Ms. Rosati, Seconded by Mr. Taylor in regard to the appeal at 5157 Wing Lake Road for a partially installed shed, that the request be approved as submitted based on the information presented, the applicant did demonstrate compliance with Section 42-55 Standards. Petitioner must submit an Ordinance permit application within five (5) business days.

Motion carried, 5 – 0.

Ms. Rosati advised the petitioner to proceed at his/her own risk based on the opposition comments given from the subdivision association.

(15) 5197 Wing Lake Road – J. Cunningham

Mr. James Cunningham, homeowner, was present seeking approval for an existing accessory structure, a 6’ x 7’ x 6.5’ high storage shed screened with existing evergreen trees, located in a rear yard 7.2 ft. from the northerly side lot line and 37.5 ft. from the rear lot line of 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 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. (19-20-401-011)

Mr. Cunningham addressed the Board with a request for an existing 6’ x 7’ x 6.5’ high storage shed to be screened with existing evergreen trees, located in the rear yard. Mr. Cunningham made reference to the photographs to the Board and indicated the location of the existing shed and the existing 30’ tall evergreen trees that currently screen the shed from view.

Mr. Victor Donati, resident at 5274 Kellen Lane, was present and spoke in objection 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 commented the shed could be meaningfully attached to the residence and/or abuts the residential property. Ms. Margosian stated the association deed restrictions prohibit sheds within The Dells of Bloomfield.

Mr. Kas Dalaly, resident at 5157 Wing Lake Road, was present and spoke in support of the variance request.

Mr. Taylor questioned the shed has been there how long.

Mr. Cunningham replied the shed has been there for three (3) years.

Chairman Khederian questioned could the shed be re-located within the setbacks.

Mr. Cunningham replied the placement of the shed is the best location, given the existing screening of the 30-year old trees that obscures the shed from view.

Motion by Mr. Aldrich, Seconded by Mr. Taylor in regard to the appeal at 5197 Wing Lake Road for an existing storage shed, that the request be approved as submitted, and the variance for an existing storage shed located 7.2 ft. from the northerly 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. Petitioner must submit an Ordinance permit application within five (5) business days.

Motion carried, 4 – 1.

YEAS: Aldrich, Taylor, Stefanes, Khederian

NAYS: Rosati

Mr. Taylor advised the petitioner to proceed at his own risk, based on the opposition comments given from the subdivision association.

(16) 4429 Dorian Drive – J. Woods

Mr. Jon Woods, homeowner, was present seeking approval for an existing accessory structure, a 15’ x 37’ x 9’ high pergola, screened with existing trees and evergreen plantings, located in a rear yard extending from the wall of the building 25 ft. from the westerly side lot line of Lot 43, Vachon Subdivision, 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. (19-32-152-008)

Mr. Woods addressed the Board with the request for an existing 15’ x 37’ x 9’ high pergola located in the rear yard, extending from the wall of the building, screened with existing trees and evergreen plantings. Mr. Woods made reference to the photographs provided and stated the pergola provides shade for family use. Mr. Woods provided the Board with the comment from the association.

Ms. Eresters Rice, resident at 6707 Vachon Drive, was present and asked for the photographs of her property to be shown to indicate the existing screening.

Motion by Ms. Stefanes, Seconded by Ms. Rosati in regard to the appeal at 4429 Dorian for an existing pergola, that the request be approved as submitted. Based on the information presented, the applicant did demonstrate compliance with Section 42-55 Standards. Petitioner must submit an Ordinance permit application within five (5) business days.

Motion carried, 5 – 0.

(17) 4610 Cimarron Drive – V. Malviya

Mr. and Mrs. Vinay Malviya, homeowners, were present seeking approval for an existing accessory structure, a 12’ x 10’ high gazebo, screened with existing trees, located in a rear yard 25 ft. from the rear lot line of Lot 37, Lone Pine Heights No.1, Section 29. 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. (19-19-126-006)

Mr. Malviya addressed the Board with the request for an existing 12’ x 10’ high gazebo, located in the rear yard, screened with existing trees. Mr. Malviya provided photographs to the Board and indicated the gazebo was installed 25-feet from the property line. Mr. Malviya stated the purpose of the gazebo is to provide shade for family to enjoy the view of the existing pond. Ms. Malviya provided the Board with the comments from the subdivision association and the neighbors.

Chairman Khederian questioned the material of the existing gazebo.

Mr. Malviya replied the gazebo materials are made of marble with the top being steel and is painted flat black in color.

Motion by Mr. Aldrich, Seconded by Ms. Stefanes in regard to the appeal at 4610 Cimarron Drive for an existing gazebo, that the request be approved as submitted. Based on the information presented, the applicant did demonstrate compliance with Section 42-55 Standards. Petitioner must submit an Ordinance permit application with five (5) business days.

Motion carried, 5 – 0.

IV. GENERAL BUSINESS

V. ADJOURNMENT

Respectfully submitted,

Patricia McCullough, Director

Planning and Building Division

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