Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Thursday, February 9, 2017 7:00 P.M. Present Absent. Leslie Anderson Christopher Gruba Clyde Esbri Robert Muller Jeff Klatt Alan Kroll Timothy Makar, Vice Chairperson 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 January 12, 2017 C. Old Business D. New Business 1. Case No. 17-02-03 - public hearing on the appeal of Pine Building Company, Inc., Petitioner & Andrew & Rebecca Moore, Owners, for the following variances: (a) alter / expand a non-conforming structure (b) waive 6.7 ft. of the minimum required north front yard setback of 31 ft. (c) waive 1 ft. of the minimum required east side yard setback of 5 ft. (d) waive 0.2 ft. of the minimum combined side yard setback of 15 ft. to permit construction of additions to an existing, non-conforming single-family dwelling at 913 Lloyd Ave. (25-09-380-004) 2. Case No. 17-02-04 - public hearing on the appeal of Michigan Income Fund 2 LLC, Petitioner & Owner, for the following variances: (a) waive 10 ft. from the minimum required 50 ft. lot width for Parcel "A" (b) waive 600 sq. ft. from the minimum required 6,000 sq. ft. of lot area for Parcel "A" (c) waive 10 ft. from the minimum required 50 ft. lot width for Parcel"B" (d) waive 600 sq. ft. from the minimum required 6,000 sq. ft. of lot area for Parcel "B" (e) waive 0.9 ft. from the minimum required 3.0 ft. south side yard setback for the accessory structure / garage on Parcel "A" to permit a land division at 123 S. Wilson Ave. (25-22-231-021) 3. Case No. 17-02-05 - public hearing on the appeal of Michael E Defer II & Ewa Defer, Petitioners & Owners, for the following variances: (a) alter/expand a non-conforming structure (b) waive 24 ft. of the maximum allowable 50 ft. north front yard setback (c) waive 120 sq. ft. of the maximum permitted gross usable floor area of 3,500 sq. ft. to permit construction of a first floor and second story addition to an existing, non-conforming single-family dwelling at 2600 Vinsetta Blvd. (25-09-403-019) 4. Case No. 17-02-06 - public hearing on the appeal of SEA Investment Group LLC, Petitioner & Owner, for the following variances: (a) waive 3 ft. of the minimum required parking space depth of 20 ft. (b) waive 7 ft. of the minimum required 15 ft. of ,width for a one-way maneuvering lane Page 10(6  Zoning Board of Appeals February 9, 2017 (c) waive 12 ft. of the minimum required 25 ft. distance from a street intersection for the drive approach along Hartrick Ave. at Josephine Ave. to permit expansion of a commercial building for retail sales, office space, and/or carry-out restaurant and reconfigure the off-street parking lot at 27100 Woodward Ave. (25-16-357-011) 5. Case No. 17-02-07 - public hearing on,the appeal of Sergio Basmajian, Petitioner, & RJ AJ Investments, LLC, Owner, for the following variances: (a) waive 66 of the minimum required 109 off-street parking spaces; to permit expansion of a commercial building for retail sales, office space, and/or carry-out restaurant at 221 N. Main St. (25-16-485-020) E. Other Business 1. Election of Officers F. Public Comment Call to Order The meeting was called to order at 7:03 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. He further pointed out to petitioners that two board members were not present at the meeting. Approval of Minutes for January 12, 2017 Moved by: Mr. Esbri Supported by: Ms. Zukin Moved, that the minutes of the January 12, 2017 regular meeting be approved as presented. Motion adopted unanimously. Old Business None. Page 2 of6  Zoning Board of Appeals February 9,2017 New Business 1. Case No. 17-02-03 - 913 Lloyd Ave. (25-09-380-004) Moved by: Mr. Kroll Supported by: Mr. Esbri Moved, that the appeal of Pine Building Company, Inc., Petitioner & Andrew & Rebecca Moore, Owners, for the following variances: (a) alter / expand a non-conforming structure (b) waive 6.7 ft. of the minimum required north front yard setback of 31 ft. (c) waive 1 ft. of the minimum required east side yard setback of 5 ft. (d) waive 0.2 ft. of the minimum combined side yard setback of 15 ft. to permit construction of additions to an existing, non-conforming single-family dwelling at 913 Lloyd Ave. (25-09-380-004), 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. 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. 17-02-04 - 123 S. Wilson Ave. (25-22-231-021) The petitioner withdrew the following variance request: (e) waive 0.9 ft. from the minimum required 3.0 ft. south side yard setback for the accessory structure / garage on Parcel "A" Moved by: Mr. Kroll Supported by: Mr. Klatt Moved, that the appeal of Michigan Income Fund 2 LLC., Petitioner & Owner, for the following variances: (a) waive 10 ft. from the minimum required 50 ft. lot width for Parcel "A" (b) waive 600 sq. ft. from the minimum required 6,000 sq. ft. of lot area for Parcel "A" (c) waive 10 ft. from the minimum required 50 ft. lot width for Parcel "B" (d) waive 600 sq. ft. from the minimum required 6,000 sq. ft. of lot area for Parcel "B" to permit a land division at 123 S. Wilson Ave. (25-22-231-021), be granted. Page 30f6  Zoning Board of Appeals February 9, 2017 Motion adopted 5 - 2 (Ms. Anderson, Chairperson Offak). 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. 5. The proposed los are consistent with the width, size and general character of the lots in the neighborhood. Further, the proposed lot sizes are provide adequate "buildable" area to allow the construction of a dwelling which in character with the neighborhood. 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. 17-02-05 - 2600 Vinsetta Blvd. (25-09-403-019) The petitioner withdrew the following variance request: (c) waive 120 sq. ft. of the maximum permitted gross usable floor area of 3,500 sq. ft. Moved by: Mr. Esbri Supported by: Ms. Zukin Moved, that the appeal of Michael E. Defer II & Ewa Defer, Petitioners & Owners, for the following variances: (a) alter/expand a non-conforming structure (b) waive 24 ft. of the maximum allowable 50 ft. north front yard setback to permit construction of a first floor and second story addition to an existing, non-conforming single- family dwelling at 2600 Vinsetta Blvd. (25-09-403-019), 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 of6  Zoning Board of Appeals February 9,2017 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. 4. Case No. 17-02-06 - 27100 Woodward Ave. (25-16-357-011) Moved by: Mr. Klatt Supported by: Mr. Kroll Moved, that the appeal of SEA Investment Group LLC., Petitioner & Owner, for the following variances: (a) waive 3 ft. of the minimum required parking space depth of 20 ft. (b) waive 7 ft. of the minimum required 15 ft. of width for a one-way maneuvering lane (c) waive 12 ft. of the minimum required 25 ft. distance from a street intersection for the driveway approach along Hartrick Ave. at Josephine Ave. to permit expansion of a commercial building for retail sales, office space, and/or carry-out restaurant and reconfigure the off-street parking lot at 27100 Woodward Ave. (25-16-357-011), 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. 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. L 5. Case No. 17-02-07 - 221 N. Main St. (25-16-485-020) Moved by: Mr. Esbri Supported by: Mr. Kroll Moved, that the appeal of Sergio Basmajian, Petitioner & RJ AJ Investments, LLC., Owner, for the following variances: (a) waive 66 of the minimum required 109 off-street parking spaces to permit expansion of a commercial building for retail sales, office space, and/or carry-out restaurant at 221 N. Main St. (25-16-485-020), be tabled / postponed. Motion adopted unanimously. Page 50f6  Zoning Board of Appeals February 9, 201 7 Other Business 1. Election of Officers Moved by: Mr. Kroll Supported by: Mr. Esbri Moved , that election of officers be tabled / postponed until the following month due to the number of absences at tonight's meeting . Motion adopted unanimously. Public Comment One individual spoke under public comment. Adjournment Moved by: Mr. Esbri Supported by: Mr. Kroll Moved, that the meeting adjourned at 8:34 p.m. Motion adopted unanimously. Page 6 of6