aha that's just the angle of the camera they are actually the same height
why do these drummers insist on placing their toms in such awkward and silly angles?! Do these guys ever see pro drummers with their kits set up like that?
top one? how much room would you put between the mic and snare?
Drum micing takes some practice and trial and error. I think I've recommended Daunt's drum guide a million times on this forum, so one more time won't hurt: http://www.faderwear.com/guides/aggressivedrums/
Read through that one and Glenn's drum guide and you have a really solid starting point