Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Thursday, December 8, 2016 7:00 P.M. Present Absent Leslie Anderson Clyde Esbri Christopher Gruba Jeff Klatt Alan Kroll Timothy Makar, Vice Chairperson (7:02 p.m.) Robert Muller Anthony Offak, Chairperson Deborah Zukin Joseph M. Murphy, Director of Planning Ryan Kaluzny, Assistant City Attorney Agenda A. Call to Order B. Approval of Minutes for November 10, 2016 C. Old Business D. New Business 1. Case No. F-16-12-08 - public hearing on the appeal of Jacqueline Venier, Petitioner & Owner, 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 Gardenia Ave. to install a 6 ft. tall sight obscuring wood fence within a front yard setback as defined in the Zoning Ordinance at 921 N. Alexander Ave. (25-15-401-001) 2. Case No. 16-12-38 - public hearing on the appeal of Mario R. Cabrejo, Petitioner & Owner, for the following variances: (a) waive 0.6 ft. of the minimum required clearance of 8 ft. wide suitable for a driveway within the south side yard setback for Parcel "A" (b) waive 4.7 ft. of the minimum required combined side yard setback of 15 ft. for Parcel "A" to permit a land division at 724 S. Minerva Ave. (25-23-160-027) 3. Case No. 16-12-39 - public hearing on the appeal of Freeman's Architecture, Petitioner & Yahya and Samar Mossa-Basha, Owners, for the following variances: (a) waive 16 of the minimum required 246 off-street parking spaces to expand the ground floor of an existing building at 30701 Woodward Ave. (25-07-231-002) 4. Case No. 16-12-40 - public hearing on the appeal of Kristi A Muscatello, Petitioner & Owner, for the following variances: (a) alter / expand a non-conforming structure (b) waive 18.8 ft. of the minimum required 35 ft. east rear yard setback to permit construction of additions to an existing non-conforming single-family dwelling at 417 Wellesley Ave. (25-23-178-003) 5. Case No. 16-12-41 - public hearing on the requested administrative review by Charles Semchena Jr., Petitioner & Betty Pollard, Owner: an appeal requesting that the Zoning Board of Appeals overturn the Zoning Administrator's determination that the existing structure is not a legal, non-conforming two-family dwelling at 720 Louis Ave. (25-16-463-003) Page 10f5  Zoning Board of Appeals December 8, 2016 E. Other Business 1. Written request to reconsider Case No. 16-11-35 - 922 McLean Ave. F. Public Comment Call to Order The meeting was called to order at 7:01 p.m. by Chairperson 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 / adjoum 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. Approval of Minutes for November 10, 2016 Moved by: Mr. Kroll Supported by: Ms. Zukin Moved, that the minutes of the November 10, 2016 regular meeting be approved as presented. Motion adopted unanimously (8 - 0). Old Business None. Moved by: Mr. Kroll Supported by: Mr. Esbri Moved, that Case No. 16-12-41 - 720 Louis Ave. be moved to the first item under New Business. Motion adopted unanimously. New Business 1. Case No. 16-12-41 -720 Louis Ave. (25-16-463-003) Moved by: Mr. Kroll Supported by: Mr. Esbri Moved, that the determination of the Zoning Administrator that the existing structure is not a legal, non-conforming two-family dwelling at 720 Louis Ave. (25-16-463-003), be reversed. Yes: Mr. Esbri, Mr. Klatt, Mr. Kroll, Mr. Makar, Chairperson Offak No: Ms. Anderson, Mr. Gruba, Mr. Muller, Ms. Zukin Motion adopted 5 - 4. Page 2 of 5  Zoning Board of Appeals December 8, 2016 Reversing the determination of the Zoning Administrator is based on compelling evidence present by the petitioner to demonstrate that the existing structure is a legal, non-conforming two-family dwelling. 2. Case No. F-16-12- 08 - 921 N. Alexander Ave. Moved by: Mr. Kroll Supported by: Ms. Anderson Moved, that the appeal of Jacqueline Venier, Petitioner & Owner, 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 Gardenia Ave. to install a 6 ft. tall sight obscuring wood fence within a front yard setback as defined in the Zoning Ordinance at 921 N. Alexander Ave. (25-15-401-001), be denied. Motion adopted unanimously. Denying the variance is based upon the following: 1. Practical difficulties do not exist in strict compliance with the Fence Ordinance provisions. 2. Denying the variance protects other property owners in the area. 3. Denying the variance is done in light of public health, safety and welfare concems. 3. Case No. 16-12-38 - 724 5. Minerva Ave. (25-23-160-027) Moved by: Ms. Anderson Supported by: Mr. Kroll Moved, that the appeal of Mario Cabrejo, Petitioner & Owner, for the following variances: (a) waive 0.6 ft. of the minimum required clearance of 8 ft. wide suitable for a driveway within the south side yard setback for Parcel "A" (b) waive 4.7 ft. of the minimum required combined side yard setback of 15 ft. for Parcel "A" to permit a land division at 724 S. Minerva Ave. (25-23-160-027), 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 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 and there are not inherently unique circumstances or conditions of the property that requires granting the variances. 4. Case No. 16-12-39 - 30701 Woodward Ave. (25-07-231-002) Moved by: Mr. Esbri Supported by: Ms. Zukin Page 3 of 5  Zoning Board of Appeals December 8, 2016 Moved, that the appeal of Freeman's Architecture, Petitioner & Yahya and Samar Mossa-Basha, Owners, for the following variance: (a) waive 16 of the minimum required 246 off-street parking spaces to expand the ground floor of an existing building at 30701 Woodward Ave. (25-07-231-002), 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. 5. Case No. 16-1240 - 417 Wellesley Ave. (25-23-178-003) Moved by: Mr. Esbri Supported by: Mr. Muller Moved, that the appeal of Kristi A. Muscatello, Petitioner & Owner, for the following variances: (a) alter / expand a non-conforming structure (b) waive 18.8 ft. of the minimum required 35 ft. east rear yard setback to permit construction of additions to an existing non-conforming single-family dwelling at 417 Wellesley Ave. (25-23-178-003), 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. Page 4 of5  Zoning Board of Appeals December 8,2016 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 1. Written request to reconsider Case No. 16-11-35 - 922 McLean Ave. Moved by: Mr. Gruba Supported by: Chairperson Offak Moved, to reconsider Case No. 16-11-35 - 922 McLean Ave . at the January 12, 2017 meeting . Yes: Mr. Esbri, Mr. Gruba, Mr. Klatt, Mr. Kroll No: Ms . Anderson , Mr. Makar, Mr. Muller, Chairperson Offak, Ms. Zukin Motion fails 4 - 5. Public Comment None. Adjournment Moved by: Mr. Kroll Supported by: Mr. Muller Moved, that the meeting adjourned at 10:05 p.m. Motion adopted unanimously. Page 5 of 5