Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Thursday, June 8, 2017 7:00 P.M. Present Absent Paul Curtis Leslie Anderson Clyde Esbri, Chairperson Robert Muller Christopher Gruba Jeff Klatt Alan Kroll Anthony Offak, Vice Chairperson Deborah Zukin Joseph M. Murphy, Director of Planning Ryan Kaluzny, Assistant City Attorney Agenda A. Call to Order B. Approval of Minutes for March 9, 2017 & April 13, 2017 C. Old Business D. New Business 1. Case No. F-17-06-02 - public hearing on the appeal of Justin Critchfield , 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 Ninth St. to install a 6 ft. tall sight obscuring wood fence within a front yard setback as defined in the zoning ordinance at 902 S. Lafayette Ave. (25-21-408-038) 2. Case No. 17-06-14 - public hearing on the appeal of Julie B & John J Farhat, petitioners & owners, for the following variances: (a) waive 882 sq . ft. of the maximum permitted gross usable floor area of 3,500 sq. ft. for a single- family dwelling (b) waive 23 ft. of the minimum required 25 ft. east front yard setback along Vinsetta Blvd . related to the construction of a single-family dwelling (c) waive 16 ft. of the minimum required 18 ft. east setback along Vinsetta Blvd. related to the construction of an unenclosed porch and steps (d) waive 180 sq . ft . of the maximum permitted accessory ground floor area of 800 sq. ft. related to the construction of a detached accessory structure / garage (e) waive 15 ft. of the minimum required 25 ft. north setback along Murdock Ave. related to the construction of a detached accessory structure / garage (f) waive 5.4 ft. of the maximum permitted height of 13 ft. related to the construction of a detached accessory structure / garage to permit construction of a single-family dwelling with a detached accessory structure / garage at 2209 Vinsetta Blvd. (25-09-331-001) 3. Case No. 17-06-15 - public hearing on the appeal of Berman Co. & Howard Friedlaender, petitioner & owner, for the following variance: (a) waive 2 ft. of the minimum requi red drive aisle width of 20 ft . to permit modifications to an existing parking lot at 27844-27942 Woodward Ave. (25-17-429- 007) Page 10' 9  Zoning Board of Appeals June 8, 2017 4. Case No. 17-06-16 - public hearing on the appeal of Horizon Homes, petitioner & Anna Spencer Living Trust, owner, for the following variances: (a) waive 2.3% of the maximum allowable lot coverage of 30% (b) waive 2.3 t. of the minimum required 33.9 ft. north front yard setback measured to the principal dwellings (c) waive 7.3 ft. of the minimum required 33.9 ft. north front yard setback measured to the attached garage to permit construction of a new single-family dwelling with an attached garage that projects into the minimum required front yard setback at 222 Hawthorn Ave. (25-15-304-011) 5. Case No. 17-06-17 - public hearing on the appeal of Jeffery Fontana, petitioner & owner, for the following variance : (a) waive 3.3 ft. of the minimum required 32.2 ft. north front yard setback to permit construction of an addition to an existing single-family dwelling at 3133 Merrill Ave. (25- 08-151-001 ) 6. Case No. 17-06-18 - public hearing on the appeal of Horizon Homes, petitioner & Mary Sand Robert T Walsh , owners, for the following variances: (a) waive 4 ft. of the maximum allowable 50 ft. south front yard setback (b) waive 369 sq. ft. from the maximum permitted gross usable floor area of 3,500 sq. ft. for a single-family dwelling to permit construction of a single-family dwelling with an attached accessory structure / garage at 1734 Bassett Ave. (25-17-278-017) 7. Case No. 17-06-19 - public hearing on the appeal of Alexander Real Estate and Chris George, petitioners & Chris George and G4 Holdings, LLC, owners, for the following variance: (a) waive the requirement that a multiple-family development with 10 residential units be no less than 150 ft. from an established single-family zone to permit construction of a multiple-family development at 1303 Batavia Ave. & 1302 Irving Ave. (25-22-377-021 & -019) E. Other Business F. Public Comment Call to Order The meeting was called to order at 7:01 p.m. by Chairperson Esbri. 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. He further pointed out to petitioners that two board members were not present at the meeting . Page 2 of9  Zoning Board of Appeals June 8, 201 7 Approval of Minutes for March 9, 2017 & April 13, 2017 Moved by: Mr. Kroll Supportedby:Ms . Zu~n Moved, that the minutes of the March 9, 2017 regular meeting and April 13, 2017 regular meeting be approved as presented. Motion adopted unanimously. Old Business None. New Business 1. Case No. F-17-06-02 - 902 S. Lafayette Ave. (25-21-408-038) Moved by: Mr. Offak Supportedby : Ms . Zu~n Moved, that the appeal of Justin Critchfield , 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 Ninth St. to install a 6 ft. tall sight obscuring wood fence within a front yard setback as defined in the zoning ordinance at 902 S. Lafayette Ave. (25-21-408-038), be denied. Yes: Mr. Kroll, Mr. Offak, Ms. Zukin No: Mr. Curtis, Chairperson Esbri, Mr. Gruba, Mr. Klatt Motion fails 3 - 4. Moved by: Mr. Kroll Supported by: Mr. Curtis Moved, that the appeal of Justin Critchfield, 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 Ninth St. to install a 6 ft. tall sight obscuring wood fence within a front yard setback as defined in the zoning ordinance at 902 S. Lafayette Ave. (25-21-408-038), be granted. Yes : Mr. Curtis, Chairperson Esbri, Mr. Gruba, Mr. Klatt, Mr. Kroll No: Mr. Offak, Ms. Zukin Motion adopted 5 - 2. Granting the variance is based upon the following : 1. Practical difficulties exist in strict compliance with the fence ordinance provisions. 2. Granting the variance will do substantial justice to the petitioner and will not prove detrimental to other property owners in the area . 3. Granting the variance is done in light of public health, safety and welfare concerns. Page 30f9  Zoning Board of Appeals June 8,2017 2. Case No. 17-06-14 - 2209 Vinsetta Blvd. (25-09-331-001) Moved by: Mr. Kroll Supported by: Mr. Klatt Moved, that the appeal of Julie B & John J Farhat, petitioners & owners, for the following variances: (a) waive 882 sq . ft. of the maximum permitted gross usable floor area of 3,500 sq . ft. for a single- fam ily dwelling (b) waive 23 ft. of the minimum required 25 ft. east front yard setback along Vinsetta Blvd . related to the construction of a single-family dwelling (c) waive 16 ft. of the minimum required 18 ft. east setback along Vinsetta Blvd . related to the construction of an unenclosed porch and steps (d) waive 180 sq. ft. of the maximum permitted accessory ground floor area of 800 sq. ft. related to the construction of a detached accessory structure / garage (e) waive 15 ft. of the minimum required 25 ft. north setback along Murdock Ave. related to the construction of a detached accessory structure / garage (f) waive 5.4 ft. of the maximum permitted height of 13 ft. related to the construction of a detached accessory structure / garage to permit construction of a single-family dwelling with a detached accessory structure / garage at 2209 Vinsetta Blvd. (25-09-331-001), be granted. Yes: Mr. Curtis, Chairperson Esbri, Mr. Klatt, Mr. Kroll, Mr. Offak No: Mr. Gruba, Ms. Zukin Motion adopted 5 - 2. 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 variances . Page 4 of9  Zoning Board of Appeals June 8,2017 3. Case No. 17-06-15 - 27844-27942 Woodward Ave. (25-17-429-007) Moved by: Mr. Kroll Supported by: Mr. Gruba Moved, that the appeal of Berman Co. & Howard Friedlaender, petitioner & owner, for the following variance: (a) waive 2 ft. of the minimum required drive aisle width of 20 ft. to permit modifications to an existing parking lot at 27844-27942 Woodward Ave . (25-17-429-007), be granted. Yes : Mr. Curtis, Mr. Gruba, Mr. Klatt, Mr. Kroll, Ms. Zukin No: Chairperson Esbri, Mr. Offak Motion adopted 5 - 2. Granting the variance 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 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 variance. 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. 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. 17-06-16 - 222 Hawthorn Ave. (25-15-304-011) Moved by: Mr. Gruba Supported by: Mr. Kroll Moved, that the appeal of Horizon Homes, petitioner & Anna Spencer Living Trust, owner, for the following variances: (a) waive 2.3% of the maximum allowable lot coverage of 30% (b) waive 2.3 t. of the minimum required 33.9 ft. north front yard setback measured to the principal dwellings (c) waive 7.3 ft. of the minimum required 33.9 ft. north front yard setback measured to the attached garage to permit construction of a new single-family dwelling with an attached garage that projects into the minimum required front yard setback at 222 Hawthorn Ave. (25-15-304-011), be granted . Yes: Chairperson Esbri, Mr. Gruba, Mr. Kroll No: Mr. Curtis, Mr. Klatt, Mr. Offak, Ms . Zukin Motion fails . Page 50f9  Zoning Board of Appeals June 8, 2017 Moved by: Mr. Offak Supported by: Mr. Kroll Moved, that the appeal of Horizon Homes, petitioner & Anna Spencer Living Trust, owner, for the following variance : (a) waive 2.3% of the maximum allowable lot coverage of 30% to permit construction of a new single-family dwelling with an attached garage at 222 Hawthorn Ave . (25-15-304-011), be granted . Motion adopted unanimously. Granting the variance 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 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 variance . 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. 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. Moved by: Mr. Curtis Supported by: Mr. Kroll Moved, that the appeal of Horizon Homes, petitioner & Anna Spencer Living Trust, owner, for the following variances: (b) waive 2.3 t. of the minimum required 33.9 ft. north front yard setback measured to the principal dwellings (c) waive 7.3 ft. of the minimum required 33.9 ft. north front yard setback measured to the attached garage to permit construction of a new single-family dwelling with an attached garage that projects into the minimum required front yard setback at 222 Hawthorn Ave. (25-15-304-011), be denied. Yes: Mr. Curtis, Mr. Klatt, Mr. Kroll, Mr. Offak, Ms. Zukin No: Chairperson Esbri, Mr. Gruba Motion adopted 5 - 2. 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. Page 6of9  Zoning Board of Appeals June 8, 2017 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. 5. Case No. 17-06-17 - 3133 Merrill Ave. (25-08-151-001) Moved by: Mr. Offak Supportedby : Ms.Zu~n Moved, that the appeal of Jeffery Fontana, petitioner & owner, for the following variance: (a) waive 3.3 ft. of the minimum required 32.2 ft. north front yard setback to permit construction of an addition to an existing single-family dwelling at 3133 Merrill Ave . (25-08- 151-001), be granted . Yes: Mr. Curtis, Chairperson Esbri, Mr. Klatt, Mr. Kroll, Mr. Offak, Ms. Zukin No: Mr. Gruba Motion adopted 6 - 1. Granting the variance 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 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 variance. 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. 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. 6. Case No. 17-06-18 -1734 Bassett Ave. (25-17-278-017) Moved by: Mr. Gruba Supported by: Mr. Klatt Moved, that the appeal of Horizon Homes, petitioner & Mary S and Robert T Walsh, owners, for the following variances: (a) waive 4 ft. of the maximum allowable 50 ft. south front yard setback (b) waive 369 sq . ft. from the maximum permitted gross usable floor area of 3,500 sq . ft. for a single- family dwelling to permit construction of a single-family dwelling with an attached accessory structure / garage at 1734 Bassett Ave. (25-17-278-017), be denied. Page 7 of9  Zoning Board of Appeals June 8, 201 7 Yes: Mr. Curtis, Mr. Gruba, Mr. Klatt, Mr. Kroll, Mr. Offak, Ms. Zukin No: Chairperson Esbri Motion adopted 6 - 1. 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. 7. Case No. 17-06-19 -1303 Batavia Ave. & 1302 Irving Ave. (25-22-377-021 & -019) Moved by: Mr. Kroll Supported by: Mr. Offak Moved, that the appeal of Alexander Real Estate and Chris George, petitioners & Chris George and G4 Holdings, LLC, owners, for the following variance: (a) waive the requirement that a multiple-family development with 10 residential units be no less than 150 ft. from an established single-family zone to permit construction of a multiple-family development at 1303 Batavia Ave . & 1302 Irving Ave. (25- 22-377 -021 & -019), be granted. Motion adopted unanimously. Granting the variance 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 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 variance. 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. 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 8of9  Zoning Board of Appeals June 8,201 7 Other Business None. Public Comment None. Adjournment Moved by: Mr. Kroll Supported by: Mr. Curtis Moved, that the meeting adjourned at 10:30 p.m. Motion adopted unanimously. Page 9 of9