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Overview  |  Board of Trustees  |  Planning Commission
Zoning Board of Appeals

Zoning Board of Appeals Minutes

APPROVED
CHARTER TOWNSHIP OF BLOOMFIELD
ZONING BOARD OF APPEALS AGENDA
Tuesday, May 13th, 2008 – 7:00 P.M.
Bloomfield Township Hall

Welcome to the Bloomfield Township Zoning Board of Appeals meeting of May 13th, 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 item (1R) 1925 Golf Ridge Drive, has been rescheduled to June 10th, 2008 Zoning Board of Appeals meeting.

 

ATTENDANCE: Board Members, James Aldrich, David Buckley, Brian Kepes, Carol Rosati, Lisa Seneker, Sherry Stefanes, and Chairman Corinne Khederian.

ABSENT: Robert Taylor, and Brian Henry

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 April 8th, 2008.

Motion by Ms. Rosati, Seconded by Ms. Seneker to approve the Zoning Board of

Appeals minutes of April 8th, 2008, as written.

Motion carried, 7 – 0.

APPEALS

Remanded Item (This item has been rescheduled to June 10th)

(1R) 1925 Golf Ridge Drive – S. Perlman

On remand from the Oakland County Circuit Court, the Bloomfield Township Zoning Board of Appeals will be making a determination as to whether the sports court, with lighting and retaining wall, is erected so as to have any portion of their sides above the existing grade of the rear yard on Lot 254, Wabeek Six, Section 18. The Code of the Charter Township of Bloomfield, Chapter 42, Article IV, Section 42-559 states that any accessory structure, when erected so as to have any portion of their sides above the existing grade of the rear yard, shall be subject to the review and approval of the Zoning Board of Appeals pursuant to Section 42-55. (19-18-151-013)

NEW ITEMS

(1) 4384 Charing Cross Road - W. Emerson

Seeking approval for existing accessory structures, four 4’ x 4’ brick piers with a maximum height of 4’ 4" having 2’ 9" light fixtures (an overall height of 7’ 1"), screened with proposed plantings, located in a front yard on the front lot line, one at each side of the two driveway entrances approximately 46’ from the northerly side lot line on Lots 20 and 21, Charing Cross Highlands No.1, Section 13. 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. (19-13-376-012)

Chairman Khederian addressed the audience with item (1) 4384 Charing Cross Road, and the applicant was not present.

Motion by Ms. Seneker, Seconded by Mr. Aldrich in regard to the appeal at 4384 Charing Cross Road to move the item to the end of the agenda to allow the petitioner to be present.

Motion carried, 7 – 0.

 

(2) 5605 Woodwind Drive – P. Day

Mr. Patrick Day, homeowner, was present seeking approval for the installation of an accessory structure, a proposed 7’ 7" x 8’ 4" x 3’ high hot tub, screened with existing trees and proposed plantings, located in a side yard 5’ from the westerly side lot line on Lot 49, Kirkwood No. 1, Section 30. 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. (19-30-128-005)

Mr. Day addressed the Board with the request for a 7’ 7" x 8’ 4 x 3‘ high hot tub, screened with existing trees and proposed plantings, located in the side yard 5-feet from the westerly side lot line. Mr. Day made reference to the site plan and indicated the sloping rear yard, which would make it impossible to accommodate a flat accessory structure. Mr. Day indicated the proposed side yard location would accommodate the hot tub and stated additional 6-foot arborvitaes would be installed to accommodate and continue the screening of the proposed hot tub. Mr. Day presented the Board with the neighbors’ approval from Mr. and Mrs. Mark Parker, residents at 5617 Woodwind Drive.

Motion by Mr. Aldrich, Seconded by Ms. Rosati in regard to the appeal at 5605 Woodwind Drive for the installation of a hot tub, that the request be approved as submitted, and the variance for the installation of a hot tub located 5-feet from the westerly 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 obtain building and electrical permits.

Motion carried, 7 – 0.

(3) 7340 Glengrove Drive – S. Gold

Mr. Scott Gold, homeowner, was present seeking approval for the installation of proposed 4’ high chain link fencing to be used as a dog run area, located in the southerly side and rear yards 28’ from the southerly side lot line and approximately 40’ from the rear lot line on Lot 373, Birmingham Farms Subdivision No. 4, Section 32. 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 by the Zoning Board of Appeals, and that dogs shall not be confined or restrained in any manner except within the rear yard. (19-32-452-015)

Mr. Gold addressed the Board with the request to install a proposed 4-foot high chain link fence to be utilized as a dog run area, located in the southerly side and rear yards 28-feet from the southerly side lot line and approximately 40-feet from the rear lot line. Mr. Gold made reference to the site plan and indicated the existing in-ground swimming pool located in the rear yard and stated the side yard would be the only location for the dog run. Mr. Gold proposed to extend the existing fence and enclose the sides of the fence to adjoin the home. Mr. Gold indicated the proposed dog run would be located off of the existing garage and florida room of the home to allow the dogs to go outside as needed.

Ms. Seneker addressed the concerns as indicated in the letter from, Mr. and Mrs. Daniel Glover, residents at 7359 St. Auburn Drive. Ms. Seneker questioned could the proposed dog run be installed within the existing back yard of the swimming pool area.

Mr. Gold replied if the proposed dog run area was installed within the swimming pool area, he would loose the existing plantings and trees that currently provide screening for the swimming pool area.

Mr. Buckley questioned if invisible fencing has been considered for the proposed dog containment.

Mr. Gold replied invisible fencing was considered for dog containment but was not an option.

Mr. Larry Wells, resident at 7342 Glengrove Drive, was present and spoke in opposition of the variance request.

Mr. Mark Charboneau, resident at 7138 White Pine Drive, was present on behalf of the Birmingham Farms Homeowners Association, and spoke in opposition of the variance request

Mr. Patrick Watters, resident at 7365 Glengrove Drive, was present and spoke in opposition of the variance request.

Mr. Gold presented photographs of existing dog runs located within the neighborhood that do not utilize invisible fencing as dog containment.

Motion by Mr. Buckley, Seconded by Ms. Seneker in regard to the appeal at 7340 Glengrove Drive for the installation of a 4-foot high chain link fence to be used as a dog run, that the request be denied as submitted. Based on the information presented, the applicant did not demonstrate compliance with Section 42-55 Standards that the height and location of the fence/dog run would hinder and is discouraging to the adjacent neighbors, the location of the fence/dog run is objectionable to nearby residents, the location, size and site layout of the proposed fence/dog run is not dog run is not harmonious to the district.

Motion carried, 5 – 2.

YEAS: Buckley, Seneker, Aldrich, Stefanes, Khederian

NAYS: Kepes, Rosati

(4) 5184 Provincial Drive – S. Moraniec

Ms. Rita Moraniec, homeowner, was present seeking approval for an existing accessory structure, a 12’ x 13’ 6" high gazebo with lighting, screened with existing trees and proposed evergreen plantings, located in a rear yard attached to a proposed deck 31’ 6" from the northerly side lot line and approximately 70’ from the rear lot line on Lot 235, Bloomfield Square Subdivision, Section 19. 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. (19-19-327-020)

Ms. Moraniec addressed the Board with a request for an existing 12’ x 13’ 6" high gazebo with lighting, screened with existing trees and proposed evergreen plantings, located in a rear yard attached to a proposed deck. Ms. Moraniec made reference to the site plan and indicated the existing gazebo is attached to the deck and stated she was unaware that a permit was required. Ms. Moraniec commented the purpose for the gazebo is to be utilized for outdoor dining.

Motion by Ms. Rosati, Seconded by Ms. Seneker in regard to the appeal at 5184 Provincial 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 obtain building and electrical permits.

Motion carried, 7 – 0.

 

(5) 1450 W. Square Lake Road – N. Yatooma

Seeking approval for the installation of proposed 4’ 2" high black steel fencing, located in a front yard along the east and west side lot lines on Lot 61 and Part of Lot 62, Telegraph-Square Lake Acres Subdivision, Section 5. 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’ in height. (19-05-377-039)

Chairman Khederian addressed the audience with item (5) 1450 W. Square Lake Road, and the applicant was not present.

Motion by Ms. Seneker, Seconded by Ms. Rosati in regard to the appeal at 1450 W. Square Lake Road, to move the item to the end of the agenda to allow the petitioner to be present.

Motion carried, 7 – 0.

 

(6) 1133 W. Long Lake Road – Krikorian Management

Mr. Roger Young of Young and Young Architects Inc., was present seeking approval to change the face of an existing non-conforming ground sign, an 8’ x 4’ 4" high (34.6 sq. ft.) ground sign, located 11’ from the front lot line on Lot 22 and Part of Lots 23 and 27, Devon Hills Estates, Section 16. The Code of the Charter Township of Bloomfield, Chapter 42, Article IV, Section 42-558 states that non-conformities shall not be enlarged upon, expanded, or extended. The Code of the Charter Township of Bloomfield, Chapter 42, Article IV, Section 42-568 states that ground signs within the O-1, Office Building Zoned District, shall not exceed thirty-two (32) square feet and requires a minimum 15’ street side setback. (19-16-301-035)

Mr. Young addressed the Board with the request to change the face of an existing non-conforming ground sign, located 11-feet from the front lot line on of Lot 22 and Part of Lots 23 and 27, Devon Hills Estates. Mr. Young made reference to the site plan and indicated the existing sign and sign size is non-conforming and asked the Board for the existing sign to remain in its present location, which encroaches 4-feet into the setback. Mr. Young stated the existing monument sign, which consists of stainless steel framework and assembly, also exceeds the Township sign requirements by 2.6 square feet. Mr. Young commented the existing non-conforming monument ground sign would measure 34.6 square feet and would be located 11-feet from the front lot line.

Motion by Mr. Aldrich, Seconded by Ms. Rosati in regard to the appeal at 1133 W. Long Lake Road to change the face of an existing non-conforming 34.6 square foot ground sign located 11-feet from the front 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. Petitioner must obtain building and electrical permits prior to installation.

Motion carried, 7 –0.

 

(7) 43494 Woodward – Scottsdale Properties/Bloomfield Internal Medicine Associates

Mr. Larry Sherman of Sherman & Sherman, P.C., was present on behalf of National Diagnostic Services, seeking approval for the continued use of an accessory use/structure for a period of five (5) years, a 45’ x 8’ x 14’ high mobile medical unit to operate every other Tuesday and every other Thursday, from 8:00 a.m. to 4:00 p.m., located in a rear yard 16’ from the northerly side lot line and more than 16’ from the easterly rear lot line of Lots 5 and 6, East Bloomfield Highlands Subdivision, Section 4. Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory use/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. (19-04-429-011)

Mr. Sherman addressed the Board and asked for the item to be moved to the end of the agenda, to allow for the representative from National Diagnostic Services to be present.

Motion by Mr. Aldrich, Seconded by Mr. Kepes in regard to the appeal at 43494 Woodward Avenue, to move the item to the end of the agenda to allow the representative from National Diagnostic Services to be present.

Motion carried, 7 – 0.

Mr. Michael Ketslakh, of National Diagnostic Services, arrived and approached the podium.

Motion by Mr. Aldrich, Seconded by Mr. Kepes to rescind the previous motion in regard to the appeal at 43494 Woodward Avenue.

Motion carried, 7 – 0.

Mr. Sherman addressed the Board for the continued use of an accessory use/structure for a period of five (5) years, a 45’ x 8’ x 14’ high mobile medical unit to operate every other Tuesday and every other Thursday, from 8:00 A.M. to 4:00 P.M., located in a rear yard 16-feet from the northerly side lot line and more than 16-feet from the easterly rear lot line of Lots 5 and 6 East Bloomfield Highlands Subdivision. Mr. Sherman commented the mobile medical services that are currently available are MRI, CT scanning, SPECT nuclear imaging, bond densitometry, X-ray, lithotripsy, cardiac cath lab, and mammography. Mr. Sherman provided background by stating mobile medical imaging is widely used throughout the State of Michigan and that there are currently over 100 mobile medical units operating in the State. Mr. Sherman stated Bloomfield Internal Medicine Associates would treat Bloomfield Township as home base for tax assessment and filing for personal property taxes. Mr. Sherman asked the Board for a five (5) year Temporary Use Permit for the mobile medical unit.

Ms. Patti McCullough, Planning and Building Director, made reference to the memo submitted from Mr. Bill Griffin, Township Assessor. Ms. McCullough read the memo, "According to the General Property Tax Act in order for personal property to be assessed, said personal property must be physically located within the boundaries of that community. In order for Bloomfield Township to assess the mobile medical trailer it has to be physically located within the boundaries of Bloomfield Township on December 31st every year. The General Property Tax Act is very specific when it comes to situs of personal property; if the personal property is in your jurisdictions, it is assessable; if it is not in your jurisdiction, it is not assessable. On December 31st 2006 and 2007 the mobile medical unit that is owned by National Diagnostic Services has not been located within the boundaries of Bloomfield Township."

Ms. Seneker questioned why the mobile medical unit has not been on Township property on December 31st in the past years.

Mr. Michael Ketslakh of National Diagnostic Services replied he was not aware that the mobile medical unit was to be on site on December 31st for tax assessment and filing for personal property taxes.

Mr. Sherman stated that it’s a non-issue and he would make sure the mobile medical unit is on said site the 31st of December for the said calendar year for tax assessment and filing for personal property taxes.

Chairman Khederian stated it is an issue, the past two (2) years the motion from the Zoning Board of Appeals indicated the mobile medical unit being on site at 43494 Woodward Avenue on December 31st for tax assessment and filing for personal property taxes to be filed by February of the up coming year.

Ms. Seneker commented to the Board an annual approval is best given the past history for this request.

Motion by Ms. Seneker, Seconded by Mr. Aldrich in regard to the appeal at 43494 Woodward Avenue to continue the use of a mobile medical unit, be approved as submitted. Based on the information presented, the applicant did demonstrate compliance with Section 42-55 Standards. The approval is for one (1) year. The mobile medical unit to operate every other Tuesday and every other Thursday from 8:00 A.M. to 4:00 P.M. Contingent upon the petitioner having the mobile medical unit being physically located within the boundaries of the said Township on December 31st, 2008 for tax assessment, a deadline for filing personal property taxes, requiring a listing of original cost amounts of all equipment, and years of acquisition to the Assessor’s office. Petitioner must obtain an ordinance and an electrical permit. If the mobile medical unit is not located on the said property on December 31st, 2008, this variance is to be null and void with the mobile medical unit to be removed immediately.

Motion carried, 7 – 0.

 

(8) 2343 Telegraph Road – Costco Wholesale

Mr. Ted Johnson, project manager of Costco Wholesale, was present seeking approval for the use of accessory structures, four proposed 12’ x 60’ temporary construction trailers with utilities to be utilized during demolition and construction of a new Costco Warehouse, located in a front yard 50’ from the front lot line at the southwest edge of the site, Acreage Parcel, Section 5. 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. (19-05-476-086)

Mr. Johnson addressed the Board for the use of four (4) proposed 12’ x 60’ temporary construction trailers to be utilized during the demolition and construction for the purpose of providing client/contractor construction teams with the workspace necessary to adequately service the project. Mr. Johnson stated the intent is to place the temporary trailers at the southwest edge of the site, and made reference to the proposed site plan. Mr. Johnson made reference to the Design Review Board meeting from May 2nd, 2008, which required skirting and landscape screening for the temporary construction trailers. Mr. Johnson stated the project completion date is set for November 13th, 2008, upon completion the temporary construction trailers are to be immediately removed.

Mr. Kepes questioned could the temporary construction trailers be relocated once the shell of the building is completed.

Mr. Johnson replied the temporary construction trailers would remain as presented thought construction, given the type of construction work required for this site.

Motion by Ms. Rosati, Seconded by Ms. Seneker in regard to the appeal at 2343 Telegraph Road for the use of four (4) construction trailers, that the request be approved as submitted, and the variance for the use of four (4) construction trailers 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 is to install skirting for the temporary construction trailers and landscape screening as discussed at the Design Review Board. Petitioner must obtain an ordinance permit, and each of the trailers must be equipped with working smoke detectors and a fire extinguisher with at least a 2A 20BC rating.

Motion carried, 7 – 0.

Chairman Khederian readdressed item (1) 4384 Charing Cross Road and asked for the item to be heard.

(1) 4384 Charing Cross Road - W. Emerson

Mr. William Emerson, homeowner, and Mr. John Ketty of Creative Brickpaving & Landscaping, were present seeking approval for existing accessory structures, four 4’ x 4’ brick piers with a maximum height of 4’ 4" having 2’ 9" light fixtures (an overall height of 7’ 1"), screened with proposed plantings, located in a front yard on the front lot line, one at each side of the two driveway entrances approximately 46’ from the northerly side lot line on Lots 20 and 21, Charing Cross Highlands No.1, Section 13. 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. (19-13-376-012)

Mr. Ketty addressed the Board with the request for four (4) existing piers with a maximum height of 4’ 4" having 2’ 9" light fixtures with an overall height of 7’ 1". Mr. Ketty made reference to the site plan and indicated the brick piers are on a floating base and located in the front yard to be screened with proposed plantings.

Motion by Mr. Aldrich, Seconded by Ms. Rosati in regard to the appeal at 4384 Charing Cross Road for four (4) existing piers, that the request be approved as submitted, and the variance for four (4) 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. Subject to the petitioner obtaining a Road Right-of-Way permit, and the appeal information must be shown on the final grade certification.

Motion carried, 7 – 0.

Chairman Khederian readdressed item (5) 1450 West Square Lake Road and asked for the item to be heard.

(5) 1450 Square Lake Road – N. Yatooma

Mr. Matthew Sparre of Defence Enterprises, was present seeking approval for the installation of proposed 4’ 2" high black steel fencing, located in a front yard along the east and west side lot lines on Lot 61 and Part of Lot 62, Telegraph-Square Lake Acres Subdivision, Section 5. 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’ in height. (19-05-377-039)

Mr. Sparre addressed the Board with the request to install a proposed 4’ 2" high black steel fencing, located in a front yard along the east and west side lot lines on Lot 61 and Part of Lot 62, Telegraph-Square Lake Acres. Mr. Sparre made reference to the site plan and indicated the proposed location of the fence. Mr. Sparre stated the purpose of this fence would be to finish the perimeter fence and secure the said property. Mr. Sparre stated he has received the Road Right-of-Way permit from Oakland County and is in the process of obtaining the right-of-way permit from Bloomfield Township for the work to be performed at the front south property line which runs parallel with Square Lake Road.

Motion by Ms. Stefanes, Seconded by Mr. Aldrich in regard to the appeal at 1450 West Square Lake Road for the installation of a 4’ 2" 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. Petitioner must obtain an ordinance permit and fence supports must face the owner’s property.

Motion carried, 7 – 0.

 

IV. GENERAL BUSINESS

Next Board Meeting – June 10th, 2008

 

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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