Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Thursday, June 9, 2016 7:00 P.M. Present Absent Leslie Anderson Robert Muller Brandon Becker, Chairperson Timothy Makar Anthony Offak Sarah Thomas, Vice Chairperson Deborah Zukin Joseph M. Murphy, Director of Planning Ryan Kaluzny, Assistant City Attorney A. Call to Order B. Approval of Minutes for May 12, 2016 T Agenda AF C. Old Business 1. Case No. 16-05-17 – appeal of McClure Homes, LLC, Petitioner & Owner, for the following variances: (a) waive 10 ft. of the minimum required 50 ft. lot width for Lot 187 and Lot 189 (b) waive 955.8 sq. ft. of the minimum required 6,000 sq. ft. of lot area for Lot 187 and Lot 189 to permit construction of detached single-family dwellings on lots with 40 ft. of lot width and 5,044.2 sq. ft. of lot area at 4444 Arlington Dr. (25-06-151-010, & -012) 2. Case No. 16-05-15 – appeal of Bruno & Pamela, Hohmann, Petitioners & Owners, for the following variances: (a) alter / expand a non-conforming structure (b) waive 10.7 ft. of the minimum required 35 ft. east rear yard setback to permit construction of a second story rear yard addition at the northeast corner of the existing R single-family dwelling at 619 Hendrie Blvd. (25-21-253-003) 3. Case No. 16-05-16 – appeal of 3-C Property Investments, LLC, Petitioner & Owner, for the following variances: (a) waive 18.1 ft. of the minimum required 35 ft. west setback along Ardmore Ave. related to the construction of a single-family dwelling (b) allow an unenclosed porch and steps to extend into the minimum required 35 ft. west setback along Ardmore Ave. (c) waive 10 ft. of the minimum required 35 ft. west setback along Ardmore Ave. related to the D construction of a detached accessory structure / garage to permit construction of a two-story single-family dwelling and detached accessory structure / garage at 603 Golf Ave. (25-10-328-007) 4. Case No. 16-05-18 – appeal of Lynda A Campbell, Petitioner & Owner, for the following variances: (a) waive 528 sq. ft. of the maximum permitted accessory ground floor area of 800 sq. ft. (b) waive the requirement that a driveway be constructed of concrete, asphalt or like hard-surface material to permit construction of a 528 sq. ft. detached accessory structure / garage at the southeast corner of the property accessed via a permeable driveway at 1128 Genesee Dr. (25-03-227-004) Page 1 of 8  Zoning Board of Appeals June 9, 2016 5. Case No. 16-05-21 – appeal of Homestead Construction Company, Petitioner & Craig T Grabetz, Owner, for the following variances: (a) waive 5.0 ft. of the minimum required 50 ft. lot width for Parcel “A” (b) waive 5.0 ft. of the minimum required 50 ft. lot width for Parcel “B” to permit a land division and create two (2) vacant, “buildable” lots at 520 DeVillen Ave. (25-10- 178-033) D. New Business 1. Case No. F-16-06-05 – public hearing on the appeal of Allison K Spicer & Eric A Gielow, Petitioners & Owners, for the following variance to the city’s Fence Ordinance: (a) waive 2 ft. from the maximum permitted 4 ft. fence height within a front yard setback along Marywood Dr. T to construct a 6 ft. tall sight obscuring wood fence within a front yard setback as defined in the Zoning Ordinance at 422 Catalpa Dr. (25-16-279-014). 2. Case No. 16-06-24 – public hearing on the appeal of Lawrence Barris, Petitioner & Owner, for the following variances: (a) waive 2.0 ft. of the minimum required combined side yard setback of 15 ft. (b) waive 0.1 ft. of the minimum required clearance of 8 ft. wide suitable for a driveway within the AF side yard setback (c) waive 0.7% of the maximum permitted 30% total lot coverage to permit construction of a rear yard addition to an existing single-family dwelling at 25665 York Rd. (25-21-405-017) E. Other Business 1. Consideration of temporary variance originally granted April 12, 2001 (Case No. 01-04-10), and last renewed June 9, 2011, to waive the hard surface requirement for a storage lot, to permit expansion of an existing manufacturing facility and outdoor storage yard, located at 204 E. Seventh St., 220 E. Seventh St., & 211 E. Lincoln Ave. (25-22-158-005, -006, -010) F. Public Comment R Call to Order The meeting was called to order at 7:02 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. He informed petitioners that if they would like to request that the Board table / adjourn their case due to the absence of a full board, they must inform the Chairperson immediately D after the public hearing. Petitioners were directed to limit their presentations to 10 minutes and that each participant in a public hearing limit their comments to 3 minutes. Approval of Minutes for May 12, 2016 Moved by: Mr. Offak Supported by: Ms. Anderson Moved, that the minutes of the May 12, 2016 regular meeting be approved contingent upon correcting the voting record related to Case No. 16-05-17 – 4444 Arlington Dr. Page 2 of 8  Zoning Board of Appeals June 9, 2016 Motion adopted unanimously. Old Business 1. Case No. 16-05-17 – 4444 Arlington Dr. (25-06-151-010, & -012) Moved by: Mr. Offak Moved, that the appeal of McClure Homes, LLC, Petitioner & Owner, for the following variances: (a) waive 10 ft. of the minimum required 50 ft. lot width for Lot 187 and Lot 189 T (b) waive 955.8 sq. ft. of the minimum required 6,000 sq. ft. of lot area for Lot 187 and Lot 189 to permit construction of detached single-family dwellings on lots with 40 ft. of lot width and 5,044.2 sq. ft. of lot area at 4444 Arlington Dr. (25-06-151-010, & -012), be granted. Motion fails for lack of support. Moved by: Mr. Offak AF Supported by: Ms. Zukin Moved, that the appeal of McClure Homes, LLC, Petitioner & Owner, for the following variances: (a) waive 10 ft. of the minimum required 50 ft. lot width for Lot 187 and Lot 189 (b) waive 955.8 sq. ft. of the minimum required 6,000 sq. ft. of lot area for Lot 187 and Lot 189 to permit construction of detached single-family dwellings on lots with 40 ft. of lot width and 5,044.2 sq. ft. of lot area at 4444 Arlington Dr. (25-06-151-010, & -012), be denied. Motion adopted unanimously. Denying the variances is based upon the following: 1. Granting the variances would prove detrimental to other property owners in the area. 2. The alleged hardship has been created by the applicant. R 3. The proposed lots are not consistent with the width, size and general character of the developed lots in the neighborhood and area. Construction of single-family dwellings on 40 ft. wide lots would not be harmonious with the character of the neighborhood. The overwhelming majority of the developed lots on the street block maintain the minimum required lot width and area. 2. Case No. 16-05-15 – 619 Hendrie Blvd (25-21-253-003) Moved by: Ms. Anderson Supported by: Ms. Thomas D Moved, that the appeal of Bruno & Pamela, Hohmann, Petitioners & Owners, for the following variances: (a) alter / expand a non-conforming structure (b) waive 10.7 ft. of the minimum required 35 ft. east rear yard setback to permit construction of a second story rear yard addition at the northeast corner of the existing single-family dwelling at 619 Hendrie Blvd. (25-21-253-003), be granted. Motion adopted unanimously. Granting the variances is based upon the following: Page 3 of 8  Zoning Board of Appeals June 9, 2016 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. T 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. 16-05-16 – 603 Golf Ave. (25-10-328-007) AF Chairperson Becker declared his conflict of interest in the case, recused himself from the table, and left the meeting room. Moved by: Mr. Offak Supported by: Ms. Anderson Moved, that the appeal of 3-C Property Investments, LLC, Petitioner & Owner, for the following variances: (a) waive 18.1 ft. of the minimum required 35 ft. west setback along Ardmore Ave. related to the construction of a single-family dwelling (c) waive 10 ft. of the minimum required 35 ft. west setback along Ardmore Ave. related to the construction of a detached accessory structure / garage to permit construction of a two-story single-family dwelling and detached accessory structure / garage at 603 Golf Ave. (25-10-328-007), be granted. R Motion adopted unanimously (5 – 0). 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. D 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. Page 4 of 8  Zoning Board of Appeals June 9, 2016 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. Moved by: Mr. Offak Supported by: Mr. Makar Moved, that the appeal of 3-C Property Investments, LLC, Petitioner & Owner, for the following variance: (b) allow an unenclosed porch and steps to extend into the minimum required 35 ft. west setback along Ardmore Ave. related to the construction of a two-story single-family dwelling and detached accessory structure / garage at 603 Golf Ave. (25-10-328-007), be granted. Motion fails 2-3 T NonUse variances require five (5) affirmative votes for approval. Yes: Mr. Makar, Ms. Thomas No: Ms. Anderson, Mr. Offak, Ms. Zukin Moved by: Mr. Offak AF Supported by: Ms. Anderson Moved, that the appeal of 3-C Property Investments, LLC, Petitioner & Owner, for the following variance: (b) allow an unenclosed porch and steps to extend into the minimum required 35 ft. west setback along Ardmore Ave. related to the construction of a two-story single-family dwelling and detached accessory structure / garage at 603 Golf Ave. (25-10-328-007), be denied. Motion fails 3-2 NonUse variances require five (5) affirmative votes for approval. Yes: Ms. Anderson, Mr. Offak, Ms. Zukin No: Mr. Makar, Ms. Thomas R Chairperson Becker returned to the meeting room and resumed his role as Chair. 4. Case No. 16-05-18 – 1128 Genesee Dr. (25-03-227-004) Moved by: Ms. Zukin Supported by: Ms. Anderson Moved, that the appeal of Lynda A Campbell, Petitioner & Owner, for the following variances: (a) waive 528 sq. ft. of the maximum permitted accessory ground floor area of 800 sq. ft. D (b) waive the requirement that a driveway be constructed of concrete, asphalt or like hard-surface material to permit construction of a 528 sq. ft. detached accessory structure / garage at the southeast corner of the property accessed via a permeable driveway at 1128 Genesee Dr. (25-03-227-004), be denied. Motion adopted unanimously. Denying the variances is based upon the following: 1. Strict compliance with the Zoning Ordinance provisions would not unreasonably prevent the petitioner from use and enjoyment of the property for a permitted purpose, and would not render conformity with such provisions unnecessarily burdensome. Page 5 of 8  Zoning Board of Appeals June 9, 2016 2. Granting the variances would prove detrimental to other property owners in the area. 3. There are not circumstances or conditions inherently unique to the property that necessitates granting the variances. 4. There is not evidence of practical difficulty that has not been created by the petitioner / property owner. 5. Case No. 16-05-21 – 520 DeVillen Ave. (25-10-178-033) Moved by: Mr. Offak Supported by: Mr. Makar T Moved, to grant the petitioner’s request to table / adjourn the case until the July 14, 2016 meeting due to the absence of a full board. Motion adopted unanimously. New Business AF 1. Case No. F-16-06-05 – 422 Catalpa Dr. (25-16-279-014) Moved by: Ms. Anderson Supported by: Ms. Thomas Moved, that the appeal of Allison K Spicer & Eric A Gielow, Petitioners & Owners, for the following variance to the city’s Fence Ordinance: (a) waive 2 ft. from the maximum permitted 4 ft. fence height within a front yard setback along Marywood Dr. to construct a 6 ft. tall sight obscuring wood fence within a front yard setback as defined in the Zoning Ordinance at 422 Catalpa Dr. (25-16-279-014), be denied. Motion adopted unanimously. R Denying the variance is based upon the following: 1. The petitioner has failed to demonstrate that practical difficulties exist in strict compliance with the Fence Ordinance provisions. 2. Denying the variance will not prove detrimental to the petitioner. 3. Denying the variance is done in light of public health, safety and welfare concerns. D 2. Case No. 16-06-24 – 25665 York Rd. (25-21-405-017) The petitioner withdrew variance request (b): waive 0.1 ft. of the minimum required clearance of 8 ft. wide suitable for a driveway within the side yard setback related to the construction of a rear yard addition to an existing single-family dwelling. Moved by: Ms. Anderson Supported by: Mr. Makar Moved, that the appeal of Lawrence Barris, Petitioner & Owner, for the following variances: (a) waive 2.0 ft. of the minimum required combined side yard setback of 15 ft. (c) waive 0.7% of the maximum permitted 30% total lot coverage Page 6 of 8  Zoning Board of Appeals June 9, 2016 to permit construction of a rear yard addition to an existing single-family dwelling at 25665 York Rd. (25-21-405-017), be denied. Motion adopted 5 – 1 (Ms. Zukin) Denying the variances is based upon the following: 1. Strict compliance with the Zoning Ordinance provisions would not unreasonably prevent the petitioner from use and enjoyment of the property for a permitted purpose, and would not render conformity with such provisions unnecessarily burdensome. 2. Granting the variances would prove detrimental to other property owners in the area. T 3. There are not circumstances or conditions inherently unique to the property that necessitates granting the variances. 4. There is not evidence of practical difficulty that has not been created by the petitioner / property owner. AF Other Business 1. Case No. 01-04-10 - 204 E. Seventh St., 220 E. Seventh St., & 211 E. Lincoln Ave. (25-22-158-005, -006, -010) Moved by: Ms. Anderson Supported by: Ms. Thomas Moved, that the temporary variance originally granted April 12, 2001 (Case No. 01-04-10), and last renewed June 9, 2011, to waive the hard surface requirement for an outdoor storage yard associated with an existing manufacturing (fire suppression systems) facility at 204 E. Seventh St., 220 E. Seventh St., & 211 E. Lincoln Ave. (25-22-158-005, -006, -010), be made permanent. Motion adopted unanimously. R Granting the variance on a permanent basis 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 on a permanent basis 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 D owners. 3. There are circumstances or conditions inherently unique to the property that necessitates granting the variance on a permanent basis. 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 on a permanent basis. Page 7 of 8  Zoning Board of Appeals June 9, 2016 Public Comment None. Chairperson Becker acknowledged the resignation of two former Board members: Kortney Surowiec and Kevin Kalczynski. The Board recognized each with gratitude for their years of service. Adjournment Moved by: Ms. Thomas Supported by: Ms. Zukin T Moved, that the meeting adjourned at 10:18 p.m. AF Motion adopted unanimously. Brandon Becker, Chairperson Joseph M. Murphy, Director of Planning R D Page 8 of 8