Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Thursday, February 12, 2015 7:00 P.M. Present Absent Leslie Anderson Sarah Thomas Brandon Becker Kevin Kalczynski Timothy Makar Robert Muller Anthony Offak Kortney Surowiec Deborah Zukin Staff Joseph Murphy, Director of Planning Agenda A. Call to Order B. Election of Officers C. Approval of Minutes for January 8, 2015 D. Old Business 1. Case No. 14-10-41 – the appeal of Kevin Hart Associates, Petitioner & Mitchell Trust, Owner, for the following variance: (a) Use Variance (b) expand a non-conforming use (c) waive 15 ft. from the minimum required 25 ft. west side yard setback (d) waive 9.0 ft. from the minimum required 20 ft. distance between buildings (e) waive the requirement that off-parking, including maneuvering lanes, not be located within the required 25 ft. north front yard setback (f) waive 1.8 ft. from the minimum required, two-way maneuvering aisle width of 20 ft. for an off- street parking lot (g) waive 1.6 ft. from the minimum required parking space length of 20 ft. (h) waive 6 of the minimum required 16 off-street parking spaces to permit construction of a one-story apartment building with three (3) residential dwelling units & expand an off-street parking lot associated with a non-conforming, multiple-family apartment complex in the One-Family Residential zoning district at 3284-3304 W. Webster Rd. (25-07-278- 055) has been WITHDRAWN by the petitioner Page 1 of 11  Zoning Board of Appeals February 12, 2015 2. Case No. 14-08-28 – continued discussion on the appeal of Philip & Francesca Sobeck, Petitioners & Owners, for the following variances: (a) waive 4,100 sq. ft. from the maximum permitted usable floor area of 3,500 sq. ft. for a single- family dwelling (b) waive 133 sq. ft. from the maximum permitted accessory ground floor area of 800 sq. ft. (c) waive 6.5 ft. from the maximum permitted 7 ft. extension of an attached accessory structure beyond a first floor front building line (d) waive 2 ft. of the maximum permitted height of 30 ft. for a single-family dwelling (e) waive 1 ft. of the minimum required front yard depth of 35 ft. related to the construction of a horseshoe-shaped driveway to permit construction of a new single-family dwelling with an attached garage and a horseshoe- shaped driveway at 1507 Woodsboro Dr. (25-16-106-004) E. New Business 1. Case No. 15-02-02 – public hearing on the appeal of Alexander P Deroche, Petitioner & Owner, for the following variances: (a) waive 0.9 ft. of the minimum required 5 ft. west side yard setback (b) waive 2.2 ft. of the minimum required 10 ft. east side yard setback (c) expand / alter a non-conforming dwelling (d) waive 1.5 ft. of the minimum required 39.9 ft. south front yard setback to permit construction of a second-story addition to a non-conforming single-family dwelling at 1002 W. Webster Rd. (25-09-180-032) 2. Case No. 15-02-03 – public hearing on the appeal of Beaumont Health System, Petitioner & Owner, for the following variances: (a) waive 137 ft. of the minimum required 600 ft. setback requirement from residential property on a temporary basis during construction (b) waive 27 ft. of the minimum required 600 ft. setback requirement from residential property on a permanent basis to permit a temporary helipad in a surface parking lot during construction and permit a permanent roof-top helipad upon completion of construction at 3601 W. 13 Mile Rd. (25-07-251-024) 3. Case No. 15-02-04 – public hearing on the appeal of Azul Group, LLC, Petitioner & Owner, for the following variances: (a) waive 3.7 ft. of the minimum required 30.2 ft. north front yard setback (b) waive 16.1 ft. of the minimum required 25 ft. west front yard setback (c) waive 5.7 ft. of the minimum required front yard setback measured to an unenclosed front porch with steps (d) waive 11.1 ft. of the minimum required 25 ft. west setback for a detached accessory structure / garage (e) waive 41.5 sq. ft. from the maximum total lot coverage of 1,800 sq. ft. on a lot less than 6,000 sq. ft. in total area to permit construction of a two-story, single-family dwelling with an attached accessory structure / garage at 1102 E. Sixth St. (25-22-257-001) 4. Case No. 15-02-05 – public hearing on the appeal of Kevin Hart Associates, Petitioner & Mitchell Trust, Owner, for the following variances: (a) Use Variance (b) expand a non-conforming use (c) waive 15 ft. of the minimum required 25 ft. west side yard setback (d) waive 9.0 ft. of the minimum required 20 ft. distance between buildings (e) waive the requirement that off-street parking, including maneuvering lanes, not be located within the required 25 ft. south front yard setback and the required 25 ft. west side yard setback Page 2 of 11  Zoning Board of Appeals February 12, 2015 (d) waive 3 of the minimum required 14 off-street parking spaces to permit construction of a one-story apartment building with two (2) residential dwelling units & an off-street parking lot associated with a non-conforming, multiple-family apartment complex in the One-Family Residential zoning district at 3284-3304 W. Webster Rd. (25-07-278-055) 5. Case No. 15-02-06 – public hearing on the appeal of Hillan Homes, Petitioner & Kristine M Ray, Owner, for the following variances: (a) waive 1 ft. of the minimum required 25 ft. west front yard setback (b) waive 15 ft. of the minimum required 25 ft. north front yard setback (c) waive 5.4% from the requirement that an attached garage be no greater than 50% of the front façade of a dwelling to permit construction of a two-story, single-family dwelling with an attached accessory structure / garage at 318 Curry Ave. (25-15-381-001) F. Other Business 1. Discussion Regarding Joint Session with the Planning Commission G. Public Comment A. Call to Order The meeting was called to order at 7:01 p.m. by Mr. Murphy due to the absence of a Chairperson or Vice Chairperson. He informed the audience that the Board does not write the Zoning Ordinance but does have the authority to grant relief from it where practical difficulty or unnecessary hardship would result. He stated the Board will vote on each agenda item following a public hearing. Use Variance requests require a minimum of 6 affirmative votes in order to grant the requested variances. Non-Use Variance requests require a minimum of 5 affirmative votes in order to grant the variances. Petitioners were directed to limit their presentations to 10 minutes and that each participant in a public hearing limit their comments to 3 minutes. B. Election of Officers Mr. Murphy reminded the Board that it must hold elections for Chairperson and Vice-Chairperson. Mr. Murphy called for nominations for Chairperson. Moved by: Mr. Muller Supported by: Mr. Kalczynski To elect Brandon Becker as Chairperson. Motion Adopted Unanimously Mr. Murphy called for nominations for Vice Chairperson. Moved by: Mr. Makar Supported by: Mrs. Surowiec To elect Anthony Offak as Vice Chairperson. Motion Adopted Unanimously Page 3 of 11  Zoning Board of Appeals February 12, 2015 C. Approval of Minutes for January 8, 2015 Moved by: Mr. Kalczynski Supported by: Mr. Offak Moved, that the minutes of the January 8, 2015 regular meeting be approved as presented. Motion Adopted Unanimously D. Old Business 1. Case No. 14-10-41 – 3284-3304 W. Webster Rd. Mr. Murphy informed the Board that the petitioner has withdrawn the tabled variance request. The petitioner has provided a new proposal which necessitates new variance requests (Case No. 15-02- 05). No action was required by the Board. 2. Case No. 14-08-28 – 1507 Woodsboro Dr. At its August 14, 3014 meeting, the Board held and closed a public hearing regarding variances to permit construction of a new single-family dwelling with an attached garage and a horse-shoe shaped driveway. The Board granted variance request (b). The petitioner withdrew variance requests (c), (d), and (e). Lastly, the Board tabled variance request to waive 4,100 sq. ft. from the maximum permitted usable floor area of 3,500 sq. ft. for a single-family dwelling. Therefore, the petitioner has submitted revised drawings based on their original discussion with the Board. The revised set of drawings do not increase the variance requests or necessitate new variance request, no public notification was required or provided regarding tonight’s meeting. Moved by: Mr. Kalczynski Supported by: Mr. Makar Moved, that the appeal of Philip & Francesca Sobeck, Petitioners & Owners, to (a) waive 1,180 sq. ft. from the maximum permitted usable floor area of 3,500 sq. ft. for a single-family dwelling to permit construction of a new single-family dwelling with an attached garage and a horseshoe-shaped driveway at 1507 Woodsboro Dr. (25-16-106-004), be granted. Motion Adopted 5-3 Yes: Mr. Kalczynski, Mr. Makar, Mr. Offak, Mrs. Zukin, Mrs. Surowiec No: Mrs. Anderson, Mr. Becker, Mr. Muller Granting the variance is based upon the following: 1. Strict compliance with the Zoning Ordinance provisions will unreasonably prevent the petitioner from use and enjoyment of the property for a permitted purpose, or would render conformity with such provisions unnecessarily burdensome. 2. Granting the variance will do substantial justice to the petitioner and will not prove detrimental to other property owners in the area, and is the least relief required in order to afford substantial justice to the petitioner or be more consistent with justice to nearby property owners. Page 4 of 11  Zoning Board of Appeals February 12, 2015 3. There are circumstances or conditions inherently unique to the property that necessitates granting the variance. 4. There is evidence of practical difficulty that has not been created by the petitioner and/or property owner but instead results from the inherently unique circumstances or conditions of the property that requires granting the variance. It is further the finding of the Board that the spirit of the Zoning Ordinance will be observed, public safety secured, and substantial justice rendered by granting the variance. E. New Business 1. Case No. 15-02-02 – 1002 W. Webster Rd. Moved by: Mrs. Surowiec Supported by: Mr. Makar Moved, that the appeal of Alexander P Deroche, Petitioner & Owner, for the following variances: (a) waive 0.9 ft. of the minimum required 5 ft. west side yard setback (b) waive 2.2 ft. of the minimum required 10 ft. east side yard setback (c) expand / alter a non-conforming dwelling (d) waive 1.5 ft. of the minimum required 39.9 ft. south front yard setback to permit construction of a second-story addition to a non-conforming single-family dwelling at 1002 W. Webster Rd. (25-09-180-032), be granted. Motion Adopted Unanimously Granting the variances is based upon the following: 1. Strict compliance with the Zoning Ordinance provisions will unreasonably prevent the petitioner from use and enjoyment of the property for a permitted purpose, or would render conformity with such provisions unnecessarily burdensome. 2. Granting the variances will do substantial justice to the petitioner and will not prove detrimental to other property owners in the area, and is the least relief required in order to afford substantial justice to the petitioner or be more consistent with justice to nearby property owners. 3. There are circumstances or conditions inherently unique to the property that necessitates granting the variances. 4. There is evidence of practical difficulty that has not been created by the petitioner and/or property owner but instead results from the inherently unique circumstances or conditions of the property that requires granting the variances. It is further the finding of the Board that the spirit of the Zoning Ordinance will be observed, public safety secured, and substantial justice rendered by granting the variances. Page 5 of 11  Zoning Board of Appeals February 12, 2015 2. Case No. 15-02-03 – 3601 W. 13 Mile Rd. Moved by: Mr. Muller Supported by: Mr. Offak Moved, that the appeal of Beaumont Health System, Petitioner & Owner, for the following variances: (a) waive 137 ft. of the minimum required 600 ft. setback requirement from residential property on a temporary basis during construction (b) waive 27 ft. of the minimum required 600 ft. setback requirement from residential property on a permanent basis to permit a temporary helipad in a surface parking lot during construction and permit a permanent roof-top helipad upon completion of construction at 3601 W. 13 Mile Rd. (25-07-251-024), be granted under the condition that the temporary location be eliminated upon issuance of a Certificate of Occupancy for the hospital addition or three years from the date of this approval; whichever occurs first. Motion Adopted Unanimously Granting the variances is based upon the following: 1. Strict compliance with the Zoning Ordinance provisions will unreasonably prevent the petitioner from use and enjoyment of the property for a permitted purpose, or would render conformity with such provisions unnecessarily burdensome. 2. Granting the variances will do substantial justice to the petitioner and will not prove detrimental to other property owners in the area, and is the least relief required in order to afford substantial justice to the petitioner or be more consistent with justice to nearby property owners. 3. There are circumstances or conditions inherently unique to the property that necessitates granting the variances. 4. There is evidence of practical difficulty that has not been created by the petitioner and/or property owner but instead results from the inherently unique circumstances or conditions of the property that requires granting the variances. It is further the finding of the Board that the spirit of the Zoning Ordinance will be observed, public safety secured, and substantial justice rendered by granting the variances. 3. Case No. 15-02-04 – 1102 E. Sixth St. The appeal of Azul Group, LLC, Petitioner & Owner, for the following variances: (a) waive 3.7 ft. of the minimum required 30.2 ft. north front yard setback (b) waive 16.1 ft. of the minimum required 25 ft. west front yard setback (c) waive 5.7 ft. of the minimum required front yard setback measured to an unenclosed front porch with steps (d) waive 11.1 ft. of the minimum required 25 ft. west setback for a detached accessory structure / garage (e) waive 41.5 sq. ft. from the maximum total lot coverage of 1,800 sq. ft. on a lot less than 6,000 sq. ft. in total area to permit construction of a two-story, single-family dwelling with an attached accessory structure / garage at 1102 E. Sixth St. (25-22-257-001) The petitioner withdrew the following variance request: (e) waive 41.5 sq. ft. from the maximum total lot coverage of 1,800 sq. ft. on a lot less than 6,000 sq. ft. in total area Page 6 of 11  Zoning Board of Appeals February 12, 2015 Moved by: Mr. Offak Supported by: Mr. Muller Moved, that the appeal of Azul Group, LLC, Petitioner & Owner, for the following variances: (a) waive 3.7 ft. of the minimum required 30.2 ft. north front yard setback (c) waive 5.7 ft. of the minimum required front yard setback measured to an unenclosed front porch with steps to permit construction of a two-story, single-family dwelling with an attached accessory structure / garage at 1102 E. Sixth St. (25-22-257-001), be denied Motion Adopted Unanimously Moved by: Mr. Muller Supported by: Mr. Offak Moved, that the appeal of Azul Group, LLC, Petitioner & Owner, for the following variance: (b) waive 16.1 ft. of the minimum required 25 ft. west front yard setback to permit construction of a two-story, single-family dwelling with an attached accessory structure / garage at 1102 E. Sixth St. (25-22-257-001), be approved. Motion Adopted Unanimously Moved by: Mr. Makar Supported by: Mr. Kalczynski Moved, that the appeal of Azul Group, LLC, Petitioner & Owner, for the following variance: (d) waive 10.1 ft. of the minimum required 25 ft. west setback for a detached accessory structure / garage to permit construction of a two-story, single-family dwelling with an attached accessory structure / garage at 1102 E. Sixth St. (25-22-257-001), be granted. Motion Adopted Unanimously Granting the variances is based upon the following: 1. Strict compliance with the Zoning Ordinance provisions will unreasonably prevent the petitioner from use and enjoyment of the property for a permitted purpose, or would render conformity with such provisions unnecessarily burdensome. 2. Granting the variances will do substantial justice to the petitioner and will not prove detrimental to other property owners in the area, and is the least relief required in order to afford substantial justice to the petitioner or be more consistent with justice to nearby property owners. 3. There are circumstances or conditions inherently unique to the property that necessitates granting the variances. 4. There is evidence of practical difficulty that has not been created by the petitioner and/or property owner but instead results from the inherently unique circumstances or conditions of the property that requires granting the variances. It is further the finding of the Board that the spirit of the Zoning Ordinance will be observed, public safety secured, and substantial justice rendered by granting the variances. Page 7 of 11  Zoning Board of Appeals February 12, 2015 4. Case No. 15-02-05 – 3284-3304 W. Webster Rd. The appeal of Kevin Hart Associates, Petitioner & Mitchell Trust, Owner, for the following variances: (a) Use Variance (b) expand a non-conforming use (c) waive 15 ft. of the minimum required 25 ft. west side yard setback (d) waive 9.0 ft. of the minimum required 20 ft. distance between buildings (e) waive the requirement that off-street parking, including maneuvering lanes, not be located within the required 25 ft. south front yard setback and the required 25 ft. west side yard setback (d) waive 3 of the minimum required 14 off-street parking spaces to permit construction of a one-story apartment building with two (2) residential dwelling units & an off-street parking lot associated with a non-conforming, multiple-family apartment complex in the One- Family Residential zoning district at 3284-3304 W. Webster Rd. (25-07-278-055). Moved by: Mrs. Anderson Supported by: Mr. Muller Moved, that the appeal of Kevin Hart Associates, Petitioner & Mitchell Trust, Owner, for the following variance: (a) Use Variance to permit construction of a one-story apartment building with two (2) residential dwelling units & an off-street parking lot associated with a non-conforming, multiple-family apartment complex in the One- Family Residential zoning district at 3284-3304 W. Webster Rd. (25-07-278-055), be denied. Motion Adopted Unanimously Denying the variance is based upon the petitioner’s inability to show that if this chapter is applied strictly, unnecessary hardship will result, and the inability to demonstrate that all five of the following requirements have been met: 1. The property could not be reasonably used for the purposes permitted in that zone. 2. That the appeal results from unique circumstances peculiar to the property and not in general neighborhood conditions. 3. That the use requested by the variance would not alter the essential character of the area. 4. That the alleged hardship has not been created by any person presently having an interest in the property; and 5. That the use will preserve a substantial property right possessed by other property owners in the same zone. Moved by: Mrs. Anderson Supported by: Mr. Muller Moved, that the appeal of Kevin Hart Associates, Petitioner & Mitchell Trust, Owner, for the following variances: (b) expand a non-conforming use (c) waive 15 ft. of the minimum required 25 ft. west side yard setback (d) waive 9.0 ft. of the minimum required 20 ft. distance between buildings (e) waive the requirement that off-street parking, including maneuvering lanes, not be located within the required 25 ft. south front yard setback and the required 25 ft. west side yard setback (d) waive 3 of the minimum required 14 off-street parking spaces Page 8 of 11  Zoning Board of Appeals February 12, 2015 to permit construction of a one-story apartment building with two (2) residential dwelling units & an off-street parking lot associated with a non-conforming, multiple-family apartment complex in the One- Family Residential zoning district at 3284-3304 W. Webster Rd. (25-07-278-055), be denied. Motion Adopted Unanimously Denying the variances is based upon the following: 1. Strict compliance with the Zoning Ordinance provisions will not unreasonably prevent the petitioner from use and enjoyment of the property for a permitted purpose, or would not render conformity with such provisions unnecessarily burdensome. 2. Granting the variances may prove detrimental to other property owners in the area. No relief is necessary to afford substantial justice to the petitioner or be more consistent with justice to other property owners in the area. 3. There are not circumstances or conditions inherently unique to the property that necessitates granting the variance. 4. The petitioner has failed to provide evidence of a practical difficulty. 5. Case No. 15-02-06 – 318 Curry Ave. The appeal of Hillan Homes, Petitioner, & Kristine M Ray, Owner, for the following variances: (a) waive 1 ft. of the minimum required 25 ft. west front yard setback (b) waive 15 ft. of the minimum required 25 ft. north front yard setback (c) waive 5.4% from the requirement that an attached garage be no greater than 50% of the front façade of a dwelling to permit construction of a two-story, single-family dwelling with an attached accessory structure / garage at 318 Curry Ave. (25-15-381-001) Moved by: Mr. Offak Supported by: Mr. Makar Moved, that the appeal of Hillan Homes, Petitioner, & Kristine M Ray, Owner, for the following variance: (a) waive 1 ft. of the minimum required 25 ft. west front yard setback to permit construction of a two-story, single-family dwelling with an attached accessory structure / garage at 318 Curry Ave. (25-15-381-001), be denied. Motion Adopted 5-3 Yes: Mrs. Anderson, Mr. Becker, Mr. Makar, Mr. Muller, Mr. Offak No: Mr. Kalczynski, Mrs. Surowiec, Mrs. Zukin Moved by: Mr. Offak Moved, that the appeal of Hillan Homes, Petitioner, & Kristine M Ray, Owner, for the following variance: (c) waive 5.4% from the requirement that an attached garage be no greater than 50% of the front façade of a dwelling to permit construction of a two-story, single-family dwelling with an attached accessory structure / garage at 318 Curry Ave. (25-15-381-001), be denied. Motion fails for lack of support Moved by: Mr. Makar Page 9 of 11  Zoning Board of Appeals February 12, 2015 Supported by: Mr. Kalczynski Moved, that the appeal of Hillan Homes, Petitioner, & Kristine M Ray, Owner, for the following variances: (b) waive 15 ft. of the minimum required 25 ft. north front yard setback (c) waive 5.4% from the requirement that an attached garage be no greater than 50% of the front façade of a dwelling to permit construction of a two-story, single-family dwelling with an attached accessory structure / garage at 318 Curry Ave. (25-15-381-001), be granted. Motion Adopted 7-1 Yes: Mrs. Anderson, Mr. Becker, Mr. Kalczynski, Mr. Makar, Mr. Muller, Mrs. Surowiec, Mrs. Zukin No: Mr. Offak Granting the variances is based upon the following: 1. Strict compliance with the Zoning Ordinance provisions will unreasonably prevent the petitioner from use and enjoyment of the property for a permitted purpose, or would render conformity with such provisions unnecessarily burdensome. 2. Granting the variances will do substantial justice to the petitioner and will not prove detrimental to other property owners in the area, and is the least relief required in order to afford substantial justice to the petitioner or be more consistent with justice to nearby property owners. 3. There are circumstances or conditions inherently unique to the property that necessitates granting the variances. 4. There is evidence of practical difficulty that has not been created by the petitioner and/or property owner but instead results from the inherently unique circumstances or conditions of the property that requires granting the variances. It is further the finding of the Board that the spirit of the Zoning Ordinance will be observed, public safety secured, and substantial justice rendered by granting the variances. Page 10 of 11