Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Thursday, January 12, 2017 7:00 P.M. Present Absent Leslie Anderson Clyde Esbri Christopher Gruba Jeff Klatt Alan Kroll Timothy Makar, Vice Chairperson Robert Muller Anthony Offak, Chairperson Deborah Zukin Joseph M. Murphy, Director of Planning Ryan Kaluzny, Assistant City Attomey Agenda A. Call to Order B. Approval of Minutes for December 8, 2016 C. Old Business D. New Business 1. Case No. 17-01-01 - public hearing on the appeal of McBride Studio, Inc., Petitioner & Redbyme Homes, LLC, Owner, for the following variances: (a) alter I expand a non-conforming structure (b) waive 17 ft. of the minimum required 25 ft. east front yard setback (c) waive 6% of the maximum allowable 35% total lot coverage to permit construction of a second story addition to an existing, non-conforming single-family dwelling at 413 N. Washington Ave. (25-16-477-029) E. Other Business 1. Annual Report F. Public Comment Call to Order The meeting was called to order at 7:00 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 I 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. Page 10(3  Zoning Board of Appeals January 12, 2017 Approval of Minutes for December 8,2016 Moved by: Mr. Esbri Supported by: Mr. Kroll Moved, that the minutes of the December 8,2016 regular meeting be approved as presented. Motion adopted unanimously. Old Business None. New Business 1. Case No. 17-01-01 - 413 N. Washington Ave. (25-16-477-029) Moved by: Mr. Kroll Supported by: Mr. Makar Moved, that the appeal of McBride Studio, Inc., Petitioner & Redbyme Homes, LLC, Owner, for the following variances: (a) alter / expand a non-conforming structure (b) waive 17 ft. of the minimum required 25 ft. east front yard setback (c) waive 6% of the maximum allowable 35% total lot coverage to permit construction of a second story addition to an existing, non-conforming single-family dwelling at 413 N. Washington Ave. (25-16-477-029), be granted. Motion adopted (6 - 3) Yes: Ms. Anderson, Mr. Esbri, Mr. Klatt, Mr. Kroll, Mr. Makar, Mr. Muller No: Mr. Gruba, Chairperson Offak, Ms. Zukin . 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 20f3  Zoning Board of Appeals January 12, 2017 Other Business 1. Annual Report Mr. Murphy presented the 2016 annual report to the Board . Moved by: Mr. Esbri Supported by: Mr. Kroll Moved, that the 2016 Annual Report for the Zoning Board of Appeals be accepted as presented and forwarded to the Planning Commission and City Commission. Motion adopted unanimously. Public Comment Mr. Murphy reminded the board members of the January 26 th training opportunity. Adjournment Moved by: Mr. Kroll Supported by: Ms. Zukin Moved, that the meeting adjourned at 7:53 p.m. Motion adopted unanimously. Page 3 of 3