Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Thursday, July 13, 2017 7,00 P.M. Present Absent Leslie Anderson Paul Curtis Clyde Esbri, Chairperson Christopher Gruba Jeff Klatt Alan Kroll Robert Muller 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 June 8, 2017 C. Old Business D. New Business 1. Case No. F-17-07-04 - public hearing on the appeal of James M Hing, petitioner & owner, for the following variance to the city's fence ordinance: (a) waive 2 ft. from the maximum permitted 4 ft. fence height wilhin a front yard setback along N. Lafayette Ave. to install a 6 ft. tall sight obscuring vinyl fence within a front yard setback as defined in the zoning ordinance at 402 W. 12 Mile Rd . (25-09-481-021) 2. Case No. 17-07-20 - public hearing on the appeal of 1222 S Washington LLC , petitioner & owner, for the following variances: (a) waive 1,500 sq. ft. of the minimum required 9,000 sq. ft. of lot area, (b) waive 25 ft. of the maximum allowable 25 ft. driveway width at a property line along the public alley to permit the conversion of an existing structure to a two-family dwelling at 1222 S. Washington Ave, (25-21-434-018) 3. Case No. 17-07-21 - public hearing on the appeal of Julie & Jayson Demchak, petitioners & owners, for the following variance: (a) waive 1.8 ft. of the minimum required 3 ft. west side yard setback to permit construction of a 1.9 ft. high deck within the required side yard setback at 427 E. Sunnybrook Dr. (25-03-301-069) 4. Case No. F-17-07-03 - public hearing on the appeal of Julie & Jayson Demchak, petitioners & owners, for the following variance to the city's fence ordinance: (a) waive 1.9 ft. of the maximum permitted 6 ft. fence I privacy screen height within a minimum required side yard setback to permit construction of a 7.9 ft. tall sight obscuring fence I privacy screen within the required west side yard setback at 427 E. Sunnybrook Dr. (25-03-301-069) Page 1 0'5  Zoning Board of Appeals July 13. 2017 E. Other Business F. Public Comment Call to Order The meeting was called to order at 7:00 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 un necessary 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 affinnative 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. 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 June 8, 2017 Moved by: Mr. Kroll Supported by: Ms. Zukin Moved, that the minutes of the June 8, 2017 regular meeting be approved as presented. Motion adopted unanimously. Old Business None. New Business 1. Case No. F-17-07-04 - 402 W. 12 Mile Rd. (25-09-481-021) Moved by: Mr. Kroll Supported by: Ms. Zukin Moved , that the appeal of James M Hing, petitioner & owner, for the following variance to the city's fence ordi nance: (a) waive 2 ft. from the maximum permitted 4 ft. fence height within a front yard setback along N. Lafayette Ave. to install a 6 ft. tall sight obscuring vinyl fence within a front yard setback as defined in the zoning ordinance at 402 W. 12 Mile Rd. (25-09-48 1-021), be granted. Motion adopted 8 - 1 (Ms. Anderson). 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 2 of 5  Zoning Board of Appeals July 13, 2017 2. Case No. 17-07-20 -1222 S. Washington Ave. (25-21-434-018) Moved by: Mr. Gruba Supported by: Mr. Curtis Moved, that the appeal of 1222 S. Washington LLC, petitioner & owner, for the following variances: (a) waive 1,500 sq . fl. of the minimum required 9,000 sq. ft. of lot area (b) waive 25 ft. of the maximum allowable 25 ft. driveway width at a property line along the public alley to permit conversion of an existing structure to a two-family dwelling at 1222 S. Washington Ave. (25- 2 1-434-018), be granted contingent upon the petitioner expanding the hard surfaced parking lot and clearly delineating the minimum required four parking spaces along the north side of the property. 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 j ustice 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 andlor 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. 3. Case No . 17-07-21 - 427 E. Sunnybrook Dr. (25-03-301-069) Moved by: Mr. Offak Supported by: Mr. Gruba Moved, that the appeal of Julie & Jayson Demchak, petitioners & owners, for the following variance: (a) waive 1.8 ft. of the minimum required 3 ft. west side yard setback to permit construction of a 1.9 ft. high deck within the required side yard setback at 427 E. Sunnybrook Dr. (25-03-301-069), be granted. Motion adopted 8 -1 (Ms. Zukin). 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. Page 3 of5  Zoning Board 01 Appeals July 13. 2017 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 andlor property owner but instead results from the inherently unique circumstances or conditions of the property thai 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. F-17-07-03 - 427 E. Sunnybrook Dr. (25-03-301-069) Moved by: Mr. Offak Supported by: Mr. Kroll Moved, that the appeal of Julie & Jayson Demchak, petitioners & owners, for the following variance to the city's fence ordinance: (a) waive 1.9 ft. of the maximum permitted 6 ft. fence I privacy screen height within a minimum required side yard setback to permit construction of a 7.9 ft. tall sight obscuring fence I privacy screen within the required west side yard setback at 427 E. Sunnybrook Dr. (25-03-301-O69). be granted. Motion adopted 7 - 2 (Ms. Anderson, Ms. Zukin). 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 j ustice 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. Other Bus iness None. Public Comment None. Page 4 0f 5  Zoning Bowd o f Appeals July 13, 2017 Adjournment Moved by; Mr. Kroll Supported by; Ms. Zukin Moved, that the meeting adjourned at 8:04 p.m. Motion adopted unanimously. CI Page 50f5