Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Thursday, August 10, 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 July 13, 2017 C. Old Business D. New Business 1. Case No. F-17-08-05 - public hearing on the appeal of John A. Basch , petitioner & owner, for the following variance to the city's fence ordinance: (a) waive 2 ft. of the maximum permitted 4 ft. fence height within a front yard setback along Berkshire Rd . to install a 6 ft. tall sight obscuring wood fence within a front yard setback as defined in the zoning ordinance at 4229 Berkshire Rd. (25-06-127-005) 2. Case No. 17-08-22 - public hearing on the appeal of Generation III LLC, owner & PDA Family Enterprises LLC. petitioner. for the following variances: (a) use variance (b) waive 21 ft. of the minimum required 25 ft. north setback to allow a maneuvering lane and off- street parking spaces directly adjacent to a single-family residence (c) waive 6 ft. of the minimum required 10 ft. west setback to allow off-street parking spaces directly adjacent to a single-family residence (d) waive the requirement that a six (6) foot decorative masonry screening wall be constructed along the north property line and portions of the east and west property line directly adjacent to off-street parking spaces and drive aisle (e) waive one (1) foot of the minimum required 20 ft. distance between buildings to permit construction of two (2) multiple-family buildings containing three (3) residential dwelling units each & associated off-street parking in the one-family residential zoning district at 617 N. Edison Ave. (25-14-305-058) 3. Case No. 17-08-23 - public hearing on the appeal of Baker Properties LLC , petitioner & Craig T. Grabetz. owner, for the following variances: (a) waive 5.0 ft. of the minimum required 50 ft. lot width for Parcel "A" (b) waive 5.0 ft. of the minimum required 50 ft. lot width for Parcel "B" to permit a land division and create two (2) vacant, "buildable" lots at 520 DeVilien Ave. (25-10- 178-033) Page 1 of 9  Zoning Board of Appeals August 10, 2017 4. Case No. 17-08-24 - public hearing on the appeal of Laura Dougherty, petitioner & owner, for the following variance: (a) waive 10ft. of the minimum required 60 ft. lot width for a corner lot to permit a land division and create three (3) vacant, "buildable" lots at 403 Edmund Ave. (25-15- 304-011 ) 5. Case No. 17-08-25 - public hearing on the appeal of Angela & Chris Maeso, petitioners & owners , for the following vari ances: (a) waive 5% of the maximum allowable total lot coverage of 30% (b) waive 0.7 ft. of the minimum required 18 ft. south setback measured to a covered, unenclosed porch I canopy to permit a covered, unenclosed porch I canopy at the rear of the existing dwelling at 601 N. Alexander Ave. (25-15-332-054) 6. Case No. 17-08-26 - public hearing on the appeal of Laura & Jeffery Colavecchia , petitioners & owners, for the following variances : (a) waive 449 sq . ft. of the maximum allowable accessory ground fioor area of 800 sq. ft. to permit construction of a 660 sq . ft. detached accessory structure I garage and retain the existing 589 sq. ft. attached accessory structure I garage at 1338 Alicia Ct. (25-09-356-018) 7. Case No. 17-08-27 - public hearing on the appeal of Mike Thompson , petitioner & Deborah & John Gilchrist, owners, for the following variances: (a) waive 5 ft. of the minimum required lot width of 50 ft. for a single-fam ily dwelling unit (b) waive 5 ft. of the minimum required lot width of 50 ft. for a two-family dwelling unit (c) waive 2,880 sq. ft. of the minimum required lot area of 9,000 sq. ft. for a two-family dwelling unit (d) waive 1.5 ft. of the minimum required north side yard setback of 5 ft. measured to the exterior of the nearest point of living space (e) waive 3.5 ft. of the minimum required north side yard setback of 5 ft. measured to an open porch and steps (f) waive 0 .5 ft. of the minimum required south side yard setback of 5 ft. measured to an open porch and steps (g) waive 20 ft. of the maximum allowable driveway wi dth of 25 ft. along the public alley (h) waive 0.5% of the maximum allowable lot coverage of 10% for a detached accessory structure I garage (i) waive 15.1 % of the maximum allowable total lot coverage of 30% of all structures to permit a land division which retains the existing single-family dwelling and related detached accessory structure I garage on a reduced lot size & creates a "buildable" lot to construct a two- story building with two (2) family residential dwelling units and associated detached accessory structure I garage at 210 N. Lafayette Ave. (25-16-481-035) 8. Case No. 17-08-28 - public hearing on the appeal of Grace Building Corp ., petitioners & Dustin Walters, owner, for the following variances : (a) alter I expand a non-conforming structure (b) waive 5.8 ft. of the maximum allowable 50 ft. south front yard setback (c) waive 1 ft. of the minimum required west side yard setback of 5 ft. to permit construction of a second story addition to an existing single-family dwelling at 607 DeVilien Ave. (25-10-129-044) 9. Case No. 17-08-29 - public hearing on the appeal of SEA Investment Group LLC, petitioners & owner, for the following variances: (a) waive 1 of the minimum required 5 stacking spaces (b) waive 5 of the minimum required 22 off-street parking spaces (c) waive the minimum require d 10 ft. corner vision clearance setback along Hartrick Ave. to install a drive-through ATM for a bank at 27100 Woodward Ave. (25-1 6-357-011) Page 2019  Zoning Board of Appeals August 10,2017 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 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. 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 one board member was present at the meeting. Approval of Minutes for July 13, 2017 Moved by: Mr. Offak Supported by: Mr. Kroll Moved , that the minutes of the July 10, 2017 regular meeting be approved as presented. Motion adopted unanimously. Old Business None. New Business 1. Case No. F-17-08-05 - 4229 Berkshire Rd. (25-06-127-005) Moved by: Mr. Kroll Supported by: Mr. Offak Moved , that the appeal of John A. Basch, 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 Berkshire Rd . to install a 6 ft. tall sight obscuring wood fence within a front yard setback as defined in the zoning ordinance at 4229 Berkshire Rd . (25-06-127-005), be granted contingent upon compliance with all fence ordinance provisions that govern visibility and safety. Motion adopted 7 - 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 3 of 9  Zoning Board of Appeals August 10, 2017 2. Case No. 17-08-22 - 617 N. Edison Ave. (25-14-305-058) Moved by: Mr. Kroll Supported by: Mr. Gruba Moved, that the appeal of Generation III LLC, owner & PDA Family Enterprises LLC , petitioner, for the following variances: (a) use variance (b) waive 21 ft. of the minimum required 25 ft. north setback to allow a maneuvering lane and off- street parking spaces directly adjacent to a single-family residence (c) waive 6 ft. of the minimum required 10ft. west setback to allow off-street parking spaces directly adjacent to a single-family residence (d) waive the requirement that a six (6) foot decorative masonry screening wall be constructed along the north property line and portions of the east and west property line directly adjacent to off-street parking spaces and drive aisle (e) waive one (1) foot of the minimum required 20 ft. distance between buildings to permit construction of two (2) multiple-family buildings containing three (3) residential dwelling units each & associated off-street parking in the one-family residential zoning district at 607 N. Edison Ave. (25-14-305-058), be postponed I tabled at the request of the petitioner. Motion adopted unanimously. 3. Case No. 17-08-23 - 520 DeVilien Ave. (25-10-178-033) Moved by: Mr. Kroll Supported by: Mr. Gruba Moved, that the appeal of Baker Properties LLC, petitioner & Craig T. Grabetz, owner, for the following variances: (a) waive 5.0 ft. of the minimum required 50 ft. lot width for Parcel "A" (b) waive 5.0 ft. of the minimum required 50 ft. lot width for Parcel "B" to permit a land division and create two (2) vacant, "buildable" lots at 520 DeVilien Ave. (25-10-178- 033), be postponed I tabled at the request of the petitioner. Motion adopted unanimously. 4. Case No. 17-08-24 - 403 Edmund Ave. (25-15-304-011) Moved by: Mr. Offak Supported by: Ms. Anderson Moved, that the appeal of Laura Dougherty, petitioner & owner, for the following variance: (a) waive 10ft. of the minimum required 60 ft. lot width for a corner lot to permit a land division and create three (3) vacant, "buildable" lots at 403 Edmund Ave. (25-15-304- 011), be denied. Motion adopted unanimously. Denying the variance is based upon the following: 1. Strict compliance with the Zoning Ordinance provisions would not unreasonably prevent the petitioner from use and enjoyment of the property for a permitted purpose, and would not render conformity with such provisions unnecessarily burdensome. 2. Granting the variance would prove detrimental to other property owners in the area. Page 4 of 9  Zoning Board of Appeals August 10. 201 7 3. There are no circumstances or conditions inherently unique to the property that necessitates granting the variance. 4. Practical difficulty has been created by the petitioner and/or property owner. 5. The proposed lot sizes are not in character with the lots in the neighborhood . 5. Case No. 17-08-25 - 601 N. Alexander Ave. (25-15-332-054) Moved by: Mr. Gruba Supported by: Mr. Kroll Moved. that the appeal of Angela & Chris Maeso, petitioners & owners , for the following variances: (a) waive 5% of the maximum allowable total lot coverage of 30% (b) waive 0.7 ft. of the minimum required 18 ft. south setback measured to a covered , unenclosed porch / canopy to permit a covered , unenclosed porch / canopy at the rear of the existing dwelling at 601 N. Alexander Ave. (25-15-332-054), be granted. Motion adopted 6 - 2 (Ms . Anderson , Mr. 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. 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. 6. Case No. 17-08-26 -1338 Alicia Ct. (25-09-356-018) Moved by: Mr. Offak Supported by: Mr. Muller Moved , that the appeal of Laura & Jeffery Colavecchia, petitioners & owners, for the following variance: (a) waive 449 sq. ft. of the maximum allowable accessory ground floor area of 800 sq . ft. to permit construction of a 660 sq . ft. detached accessory structure / garage and retain the existing 589 sq . ft. attached accessory structure / garage at 1338 Alicia Ct. (25-09-356-018), be granted. Motion adopted 6 - 2 (Ms . Anderson, Mr. Gruba). Granting the variance is based upon the following : Page50f9  Zoning Board of Appeals A ugust 10, 2017 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 variances . 7. Case No. 17-08-27 - 210 N. Lafayette Ave. (25-16-481-035) The petitioner withdrew the following variance requests : (d) waive 1.5 ft. of the minimum required north side yard setback of 5 ft. measured to the exterior of the nearest point of living space, (e) waive 3.5 ft. of the minimum required north side yard setback of 5 ft. measured to an open porch and steps , (f) waive 0.5 ft. of the minimum required south side yard setback of 5 ft. measured to an open porch and steps Moved by: Mr. Offak Supported by: Mr. Kroll Moved, that the appeal of Mike Thompson, petitioner & Deborah & John Gilchrist, owners, for the following variances: (a) waive 5 ft. of the minimum required lot width of 50 ft. for a single-family dwelling unit (b) waive 5 ft. of the minimum required lot width of 50 ft. for a two-family dwelling unit (c) waive 2,880 sq. ft. of the minimum required lot area of 9,000 sq . ft. for a two-family dwelling unit (g) waive 20 ft. of the maximum allowable driveway width of 25 ft. along the public alley (h) waive 0.5% of the maximum allowable lot coverage of 10% for a detached accessory structure I garage (i) waive 15.1% of the maximum allowable total lot coverage of 30% of all structures to permit a land division which retains the existing single-family dwelling and related detached accessory structure I garage on a reduced lot size & creates a "buildable" lot to construct a two-story building with two (2) family residential dwelling units and associated detached accessory structure I garage at 210 N. Lafayette Ave. (25-16-481-035), be granted. Motion adopted 6 - 2 (Ms. Anderson , 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. Page 60f9  Zoning Board of Appeals August 10, 2017 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. 8. Case No. 17-08-28 - 607 DeVillen Ave. (25-10-129-044) Moved by: Mr. Klatt Supported by: Mr. Gruba Moved, that the appeal of Grace Building Corp., petitioners & Dustin Walters , owner, for the following variances : (a) alter / expand a non-conforming structure (b) waive 5.8 ft. of the maximum allowable 50 ft. south front yard setback (c) waive 1 ft. of the minimum requ ired west side yard setback of 5 ft. to permit construction of a second story addition to an existing single-family dwelling at 607 DeVilien Ave. (25-10-129-044), 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 variances . 9. Case No. 17-08-29 - 27100 Woodward Ave. (25-16-357-011) Moved by: Mr. Gruba Supported by: Mr. Kroll Moved , that the appeal of SEA Investment Group LLC, petitioners & owners, for the following variances: (a) waive 1 of the minimum requ ired 5 stacking spaces (b) waive 5 of the minimum requ ired 22 off-street parking spaces (c) waive the minimum required 10 ft. corner vision clearance setback along Hartrick Ave. to install a drive-through ATM for a bank at 27100 Woodward Ave. (25-16-357-011), be granted . Page 70f9  Zoning Board of Appeals August 10, 2017 Motion adopted unanimously. Granting the variances is based upon the following: 1. Strict compliance with the Zoning Ordinance provis ions will unreasonably prevent the petitioner from use and enjoyment of the property for a permitted purpose, or would render conform ity 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. Other Business None. Public Comment None. Page 8 of 9  Zoning Board of Appeals August 10, 2017 Adjournment Moved by: Mr. Kroll Supported by: Ms. Zukin Moved , that the meeting adjourned at 10:21 p.m. Motion adopted unanimously. ( ely Page90f9