Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Thursday, October 13, 2016 7:00 P.M. Present Absent Leslie Anderson Clyde Esbri Christopher Gruba Jeff Klatt Alan Kroll Timothy Makar Robert Muller Anthony Offak Deborah Zukin Joseph M. Murphy, Director of Planning Ryan Kaluzny, Assistant City Attorney Agenda A. Call to Order B. Approval of Minutes for September 8, 2016 C. Old Business D. New Business 1. Case No. 16-10-31 - public hearing on the appeal of Design Build Alternatives, Petitioner & Star 26026 LLC, Owner, for the following variances: (a) waive 7 of the minimum required 29 off-street parking spaces (b) waive 2 ft. of the minimum required parking space depth of 20 ft. (c) waive 2.8 ft. of the minimum required 20 ft. wide two-way maneuvering lane to permit construction of a second story addition to an existing professional office building at 26026 Woodward Ave. (25-21-252-014) 2. Case No. 16-10-32 - public hearing on the appeal of John Tyler Duggan, Petitioner & Betty Pollard, Owner, for the following variances: (a) Use Variance (b) waive 3,000 sq. ft. of the minimum required 9,000 sq. ft. of lot area (c) waive 58 sq. ft. of the minimum required 800 sq. ft. of floor area for each dwelling unit to permit conversion of a one-family dwelling to a two-family dwelling in the One-Family Residential zoning district at 720 Louis Ave. (25-16-463-003) 3. Case No. 16-10-33 - public hearing on the appeal of Lisa & Daniel Pickering, Petitioners & Owners, for the following variances: (a) waive 135 sq. ft. of the maximum permitted gross usable floor area of 3,500 sq. ft. (b) waive 9.5 ft. of the maximum allowable 50 sq. ft. east setback along Vinsetta Blvd. (c) waive 11.1 ft. of the minimum required 38.5 ft. south setback along Woodsboro Dr. to permit construction of a three-story addition to an existing single-family dwelling at 1507 Vinsetta Blvd. (25-16-102-007) 4. Case No. 16-10-34 - public hearing on the appeal of Bobbi Alton, Petitioner & Owner, for the following variances: (a) waive 15.3 ft. of the minimum required 25 ft. east setback along Beechwood Dr. related to the construction of an addition to the existing dwelling Page 10(6  Zoning Board of Appeals October 13, 2016 (b) allow an unenclosed porch and steps to extend into the minimum required 25 ft. east setback along Bechwood Dr. (c) waive 4.7 ft. of the minimum required 25 ft. east setback along Beechwood Dr. related to the construction of a detached accessory structure / garage (d) waive 3 ft. of the maximum allowable driveway width of 25 ft. at the property line to permit construction of an addition to an existing single-family dwelling and a new detached accessory structure / garage at 703 Lloyd Ave. (25-09-407-008) E. Other Business F. Public Comment Call to Order The meeting was called to order at 7:03 p.m. by Mr. Offak. 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 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. Mr. Murphy asked the two new Board members to introduce themselves. After introductions, he stated that it was necessary for the Board to minimally elect a Chairperson for tonight's meeting as their first order of business. Alternatively, the Board could hold an election for Chairperson and Vice Chairperson. He reminded the Board that general elections are held annually in January. Elections Moved by: Mr. Kroll Supported by: Ms. Zukin To elect Anthony Offak as Chairperson. Motion adopted unanimously. Moved by: Ms. Zukin Supported by: Mr. Kroll To elect Tim Makar as Vice Chairperson. Motion adopted unanimously. Approval of Minutes for September 8, 2016 Moved by: Mr. Kroll Supported by: Ms. Zukin Moved, that the minutes of the September 8,2016 regular meeting be approved as presented. Motion adopted 8 - 1 (abstention - Mr. Esbri). Page 2 of6  Zoning Board of Appeals October 13,2016 Old Business None. New Business 1. Case No. 16-10-31 - 26026 Woodward Ave. (25-21-252-014) Moved by: Mr. Kroll Supported by: Mr. Esbri Moved, that the appeal of Design Build Alternatives, Petitioner & Star 26026 LLC, Owner, for the following variances: (a) waive 7 of the minimum required 29 off-street parking spaces (b) waive 2 ft. of the minimum required parking space depth of 20 ft. (c) waive 2.8 ft. of the minimum required 20 ft. wide two-way maneuvering lane to permit construction of a second story addition to an existing professional office building at 26026 Woodward Ave. (25-21-252-014), be granted. Motion adopted 8 - 1 (Mr. Makar). 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 variance. 2. Case No. 16-10-32 -720 Louis Ave. (25-16-463-003) Moved by: Mr. Esbri Supported by: Ms. Zukin Moved, that the appeal of John Tyler Duggan, Petitioner & Betty Pollard, Owner, for the following variances: (a) Use Variance (b) waive 3,000 sq. ft. of the minimum required 9,000 sq. ft. of lot area (c) waive 58 sq. ft. of the minimum required 800 sq. ft. of floor area for each dwelling unit to permit conversion of a one-family dwelling to a two-family dwelling in the One-Family Residential zoning district at 720 Louis Ave. (25-16-463-003), be denied. Motion adopted unanimously. Page 3 of6  Zoning Board of Appeals October 13, 2016 Denying the variances is based upon the following: 1. The property may reasonably be used for the purposes permitted in the One-Family Residential zoning district. 2. Strict compliance with the Zoning Ordinance provisions will not unreasonably prevent the petitioner from use and enjoyment of the property fora permitted purpose, or would not render conformity with such provisions unnecessarily burdensome. 3. Granting the variances would prove detrimental to other property owners in the area. Further, it would alter the essential character of the area. 4. There are not circumstances or conditions inherently unique to the property that necessitates granting the variances. 5. There is not evidence of practical difficulty and there are not inherently unique circumstances or conditions of the property that requires granting the variances. 6. The alleged hardship has been created by the property owner. 3. Case No. 16-10-33 -1507 Vinsetta Blvd. (25-16-102-007) Moved by: Mr. Kroll Supported by: Mr. Muller Moved, that the appeal of Lisa & Daniel Pickering, Petitioners & Owners, for the following variances: (a) waive 135 sq. ft. of the maximum permitted gross floor area of 3,500 sq. ft. (b) waive 9.5 ft. of the maximum allowable 50 ft. east setback along Vinsetta Blvd. (c) waive 11.1 ft. of the minimum required 38.5 ft. south setback along Woodsboro Dr. to permit construction of a three-story addition to an existing single-family dwelling at 1507 Vinsetta Blvd. (25-16-102-007), be granted. Motion adopted 8 - 1 (Mr. Makar). 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 variance. Page 4 of6  Zoning Board of Appeals October 13, 2016 4. Case No. 16-10-34 -703 Lloyd Ave. (25-09-407-008) The petitioner withdrew the following variance request: (d) waive 3 ft. of the maximum allowable driveway width of 25 ft. at the property line. Moved by: Mr. Esbri Supported by: Ms. Anderson Moved, that the appeal of Bobbi Alton, Petitioner & Owner, for the following variances: (a) waive 15.3 ft. of the minimum required 25 ft. east setback along Beechwood Dr. related to the construction of an addition to the existing dwelling (b) allow an unenclosed porch and steps to extend into the minimum required 25 ft. east setback along Beechwood Dr. (c) waive 4.7 ft. of the minimum required 25 ft. east setback along Beechwood Dr. related to the construction of a detached accessory structure / garage. to permit construction of an addition to an existing single-family dwelling and a new detached accessory structure / garage at 703 Lloyd Ave. (25-09-407-008), be granted. Motion adopted 8 - 1 (Mr. Gruba). 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 variance. other Business None. Public Comment None. Page 50f6  Zoning Board of Appeals October 13, 2016 Adjournment Moved by: Mr. Gruba Supported by: Mr. Kroll Moved, that the meeting adjourned at 8:45 p.m. Motion adopted unanimously. Page 6 of 6