Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Thursday, January 14, 2016 7:00 P.M. Present Absent Leslie Anderson Kevin Kalczynski Brandon Becker, Chairperson Timothy Makar Robert Muller Anthony Offak, Vice Chairperson Kortney Surowiec Sarah Thomas Deborah Zukin Joseph M. Murphy, Director of Planning Ryan Kaluzny, Assistant City Attorney Agenda A. Call to Order B. Approval of Minutes for December 10, 2015 C. Old Business 1. Case No. 15-12-38 - continued consideration of the tabled appeal of Karen Cosmos, Petitioner & Owner, for the following variances: (a) alter and expand a non-conforming structure (b) waive 1.3 ft. from the minimum required 5 ft. north side yard setback (c) waive 1.6 ft . from the minimum required 15 ft. combined side yard setback (d) waive 4.9% from the maximum permitted lot coverage of 30% to permit construction of a rear yard addition to an existing, non-conforming single-family dwelling at 4330 Elmwood Ave. (25-06-254-006) D. New Business 1. Case No. F-16-01-01 - public hearing on the appeal of Darrel Harrison, Petitioner & Owner, for the following variance to the city's Fence Ordinance: (a) waive 2 ft. from the maximum permitted 6 ft. fence height to construct an 8 ft. tall sight obscuring cedar fence along the west property line at 4233 Cooper Ave. (25-06-252-039) 2. Case No. 16-01-01 - public hearing on the appeal of Baker Properties LLC, Petitioner & Owner, for the following variances: (a) waive 1 ft. from the minimum required 36.2 ft. north side yard setback (b) waive 1 ft. from the minimum required north front yard setback measured to an unenclosed front porch with steps (c) waive 11 ft. from the minimum required 35 ft. south rear yard setback to permit construction of a single-family dwelling at a vacant property along E. Fourth St. (25- 22-208-027) Page 1 0'4  Zoning Board of Appeals January 14,2016 E. Other Business 1. Amendments to Appointment Ordinance 2. Annual Report F. Public Comment Call to Order The meeting was called to order at 7:03 p.m. by Chairperson Becker. 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. Chairperson Becker announced that the petitioner for Case No. 16-01-01 - a vacant property along E. Fourth St. (25-22-208-027) has withdrawn their appeal. Approval of Minutes for December 10, 2015 Moved by: Ms. Zukin Supported by: Ms. Thomas Moved, that the minutes of the December 10, 2015 regular meeting be approved as presented. Motion adopted unanimously. Old Business 1. Case No. 15-12-38 - 4330 Elmwood Ave. It should be noted that at the December 10, 2015 meeting, the petitioner withdrew the following variances: (a) alter and expand a non-conforming structure (b) waive 1.3 ft. from the minimum required 5 ft. north side yard setback (c) waive 1.6 ft. from the minimum required 15 ft. combined side yard setback Moved by: Mrs. Surowiec Supported by: Mr. Makar Moved, that the appeal of Karen Cosmos, Petitioner & Owner, for the following variance: (d) waive 4.7% from the maximum permitted lot coverage of 30% to permit construction of a rear yard addition to an existing, non-conforming single-family dwelling at 4330 Elmwood Ave. (25-06-254-006), be granted. Motion adopted 6 - 2 (Mr. Offak, Ms. Anderson). Page 20f4  Zoning Board of Appeals January 14, 2016 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. 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. New Business 1. Case No. F-16-01-01 - 4233 Cooper Ave. Moved by: Mr. Makar Supported by: Ms. Anderson Moved, that the appeal of Darrel Harrison, Petitioner & Owner, for the following variance to the city's Fence Ordinance: (a) waive 2 ft. from the maximum permitted 6 ft. fence height to construct an 8 ft. tall sight obscuring cedar fence along the west property line at 4233 Cooper Ave. (25-06-252-039), be granted. Motion adopted unanimously. 2. Case No. 16-01-01 - a vacant property along E. Fourth St. (25-22-208-027) The petitioner (Baker Properties LLC, Petitioner & Owner) has withdrawn the appeal for the following variances: (a) waive 1 ft. from the minimum required 36.2 ft. north side yard setback (b) waive 1 ft. from the minimum required north front yard setback measured to an unenclosed front porch with steps (c) waive 11 ft. from the minimum required 35 ft. south rear yard setback to permit construction of a single-family dwelling at a vacant property along E. Fourth St. (25-22-208-027). No action was necessary. Page 3 of 4  Zoning Board of Appeals January 14,2016 Other Business 1. Amendments to Appointment Ordinance Mr. Murphy presented the Board members with a memorandum regarding amendments to the Appointment Ordinance. The Board engaged in discussion. 2. Annual Report Mr. Murphy presented the 2015 annual report to the Board. Moved by: Mr. Offak Supported by: Mr. Muller Moved, that the 2015 Annual Report for the Zoning Board of Appeals be accepted as presented and placed on file. Motion adopted unanimously. Public Comment None. Adjournment Moved by: Mr. Makar Supported by: Ms. Zukin Moved, that the meeting adjourned at 7:55 p.m. Motion adopted unanimously. -- .~ Brandon Becker, Chairperson Page 4 of4