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Zoning board approves variance to allow patio fence at Sutton Place Apartments; owner must finalize permit
Summary
The Zoning Board of Appeals approved a 12.44-foot front-yard setback variance allowing an existing patio enclosure fence to remain at 23100 Orleans Place (Sutton Place Apartments) contingent on the owner working with the planning department to finalize a fence permit; staff noted removal of historic fencing nullified legal nonconforming status.
The Southfield Zoning Board of Appeals on Sept. 17 granted a variance allowing a patio enclosure fence at 23100 Orleans Place to remain despite its location inside the required front-yard setback.
Noah Bermelin, a consultant with BEA Group representing Gold Dollar Real Estate Investments, asked the board to approve a front-yard setback variance of 12.44 feet so an existing fence could remain in place. Bermelin said the fencing had been in place historically and that the management company sought to correct permit issues after a contractor made repairs.
Planning staff told the board that although fencing had existed at the site since at least 2007 and would have been legal nonconforming, a segment of fencing was removed for replacement and new posts were observed in October 2023. Staff noted that removal of legal nonconforming fencing—even for maintenance—nullifies the nonconforming status and requires compliance with current ordinance standards. Staff recommended approval with the condition that the appellant continue to work with the planning department to finalize the submitted fence permit.
During discussion, an appellant representative said the permitting and compliance work to date has cost approximately $8,000. Board members expressed that the variance would have minimal adverse effects on surrounding properties given the presence of an ornamental wall and established vegetation buffering the frontage.
Miss Libet (board member) moved to approve the variance with the condition that the appellant finalize the submitted fence permit with the planning department; Mister Rogers seconded the motion. The board voted in favor and granted the variance.
The board’s decision preserves the existing fence subject to completing the permit process and does not absolve the owner of any building- or zoning-related requirements. The planning department instructed the owner to finalize and submit outstanding permit materials promptly.
