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ZBA denies open-space variance for 685 Hillcrest Drive over self-created and practical-difficulty concerns
Summary
The Zoning Board of Appeals denied a request from 685 Hillcrest Drive to reduce landscaped open space to 78.43% (where 80% is required), concluding the shortfall appeared self-created and the applicant had not demonstrated practical difficulty that made compliance impossible.
The Bloomfield Hills Zoning Board of Appeals voted to deny an application from 685 Hillcrest Drive seeking a landscaped open-space variance that would reduce required open space below the 80% threshold.
Staff presented the revised submission, which reduced driveway area by about 1,115 square feet from the plan denied in May but still proposed 78.43% landscaped open space where ordinance requires 80%. HRC and staff confirmed stormwater improvements, including leaching basins, were retained in the revised plan.
Applicant Chris Barbatt described unique lot constraints: a stream that creates a 25-foot natural setback, a panhandle-shaped lot area not usable for development, and two side yards that limit configuration. He said closing the Vaughan Road entrance to leave a single Hillcrest Drive entry improved safety for his three young children and reduced traffic hazards. Barbatt said he reduced the circular driveway and accepted a single-lane approach to the garage to lower coverage.
Commissioners and one motioner pressed that open-space noncompliance related to driveway and accessory-structure choices and said the shortfall appeared self-created. Jacob Mansour, the landscape designer, explained the circular driveway dimensions were intended to allow deliveries and emergency vehicles to turn around; the applicant said further reductions would compromise safety and functionality.
A motion to deny the landscape open-space variance cited the board's conclusion that the applicant failed to show practical difficulty: commissioners noted the owners previously added accessories (pool, pool house, sports court) that reduced open space and said the driveway design was within the applicant's control. The motion listed reasons including the availability of alternative designs that would meet the ordinance and the city's open-space preservation goals. The board voted by roll-call and the motion to deny passed. The chair announced that the request was denied and adjourned the meeting.
The applicant may revise and resubmit if he can demonstrate why a compliant layout is infeasible.
