Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Thursday, September 14, 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 August 10, 2017 C. Old Business 1. Case No. 17-08-22 - public hearing on the appeal of Generation III LLC, owner & POA Family Enterprises LLC, petitioner, for the following variances: (a) use variance (b) 'i.-give 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 617 N. Edison Ave. (25-14-305-058) 2. 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 DeVillen Ave. (25-10- 178-033) D. New Business 1. Case No. 17-09-30 - public hearing on the appeal ofValarie & Brian O'Donnell, petitioners & owners, for the following variances: (a) alter / expand a non-conforming structure (b) waive 0.1 ft. of the minimum required north side yard setback of 4 ft. (c) waive 0.7 ft. of the minimum required south side yard setback of 8 ft. (d) waive 0.8 ft. of the minimum required combined side yard setback of 12 ft. Page 1 0(9  Zoning Board of Appeals September 14,2017 (e) waive 4.1 % of the maximum allowable total lot coverage of 35% to permit construction of a second story and rear yard addition to an existing non-conforming single-family dwelling at 705 N. Dorchester Ave. (25-14-305-040) 2. Case No. 17-09-31 - public hearing on the appeal of Homestead Construction Company, petitioners & James Ryan, owner, for the following variances: (a) waive 785 sq. ft. of the minimum required 6,000 sq. ft. of lot area for Parcel "A" (b) waive 601 sq. ft. of the minimum required 6,000 sq. ft. of lot area for Parcel "B" to permit a land division and create two (2) vacant, "buildable" lots at 630 Millard Ave. (25-03- 328-005) 3. Case No. 17-09-32 - public hearing on the appeal of Royal Oak Housing Investments I LLC, petitioner & owner, for the following variances: (a) waive 3.5 ft. of the minimum required 28.5 ft. east front yard setback related to the construction of the single-family dwelling (b) waive 22.1 ft. of the minimum required 25.8 ft. south setback along Sherman Dr. related to the construction of the single-family dwelling (c) to allow an open porch and steps to extend into the minimum required 18.8 ft. south setback and measure 3 ft. from the property line (d) waive 22.8 ft. of the minimum required 25.8 ft. south setback along Sherman Dr. related to the detached accessory structure I garage (e) waive the minimum required 10 ft. clear vision setback for the driveway along Sherman Dr. to permit construction of a two-story single-family dwelling and a detached accessory structure I garage at 315 Maxwell Ave. (25-16-378-031) 4. Case No. 17-09-33 - public hearing on the appeal of Krieger Klatt Architects, Inc., petitioner & T&J Investments, LLC, owner, for the following variances: (a) Use Variance (b) waive 16,536 sq. ft. of the minimum required 21,000 sq. ft. of lot area (c) waive 5.6 ft. of the minimum required 25 ft. south front yard setback (d) waive 20.9 ft. of the minimum required 25 ft. east side yard setback (e) waive 20.5 ft. of the minimum required 25 ft. west side yard setback (f) to allow porches and steps with no west setback (g) to allow a second-story balcony at the front of the structure (h) waive 8 of the minimum required 10 off-street parking spaces (i) waive 6.3 ft. of the minimum required 10ft. east setback to allow off-street parking spaces directly adjacent to a single-family residence 0) waive the requirement that a 6-foot decorative masonry screening wall be constructed along the east property line directly adjacent to the off-street parking spaces and drive aisle (k) waive the requirement that a 30-inch decorative masonry screening wall be constructed along the west property line directly adjacent to the off-street parking spaces to permit modifications to and the expansion of an existing structure to establish a 5-unit multiple- family dwelling with off-street parking in the one-family residential zoning district at 303 E. Kenilworth Ave. (25-22-352-016) 5. Case No. 17-09-34 - public hearing on the appeal of Elite Result LLC, petitioner & Christa Sarafa, owner, for the following variances: (a) waive 184 sq. ft. of the maximum allowable 1,800 sq. ft. total lot coverage (b) waive the requirement that an accessory structure I garage have either a mansard, hip, gambrel or gable roof to permit construction of a second story and ground floor expansion of the existing dwelling & a rear yard attached accessory structure I garage with a flat roof for the purpose of a second story deck at 407 California Ave. (25-22-354-029) Page 2 019  Zoning Board of Appeals September 14,2017 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. Approval of Minutes for August 10, 2017 Moved by: Ms. Zukin Supported by: Mr. Kroll Moved, that the minutes of the August 10, 2017 regular meeting be approved as presented. Motion adopted unanimously. Old Business 1. Case No. 17-08-22 - 617 N. Edison Ave. (25-14-305-058) Moved by: Mr. Offak Supported by: Ms. Anderson Moved, that the appeal of the Generation III LLC, owner & PDA Family Enterprises LLC, petitioner, for the following variances: (a) use variance 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), be denied. Motion adopted 5 - 4. Yes: Ms. Anderson, Mr. Gruba, Mr. Muller, Mr. Offak, Ms. Zukin No: Mr. Curtis, Chairperson Esbri, Mr. Klatt, Mr. Kroll Moved by: Mr. Offak Supported by: Ms. Anderson Moved, that the appeal of the Generation III LLC, owner & PDA Family Enterprises LLC, petitioner, for the following variances: (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 Page 30f9  Zoning Board of Appeals September 14, 2017 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), be denied. Motion adopted unanimously. Denying the variances 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 variances will 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 not circumstances or conditions inherently unique to the property that necessitates granting the variances. 4. There is no evidence of practical difficulty. There are no inherently unique circumstances or conditions of the property that necessitate granting the variances. 5. The proposed use is not a property right possessed by other property owners in the same area. 2. Case No. 17-08-23 - 520 DeVilien Ave. (25-10-178-033) Moved by: Mr. Kroll Supported by: Ms. Zukin 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 granted. Motion adopted 6 - 3. Yes: Mr. Curtis, Chairperson Esbri, Mr. Klatt, Mr. Kroll, Mr. Muller, Ms. Zukin No: Ms. Anderson, Mr. Gruba, 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. Page4of9  Zoning Board of Appeals September 14,2017 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. 5. The board has considered the lots in the surrounding neighborhood and determined that the proposed lots have adequate buildable are to allow the construction of a dwelling which is in harmony with the character of 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. New Business 1. Case No. 17-09-30 - 705 N. Dorchester Ave. (25-14-305-040) Moved by: Mr. Gruba Supported by: Mr. Kroll Moved, that the appeal of Valarie & Brian O'Donnell, petitioners & owners, for the following variances: (a) alter / expand a non-conforming structure (b) waive 0.1 ft. of the minimum required north side yard setback of 4 ft. (c) waive 0.7 ft. of the minimum required south side yard setback of 8 ft. (d) waive 0.8 ft. of the minimum required combined side yard setback of 12 ft. (e) waive 4.1 % of the maximum allowable total lot coverage of 35% to permit construction of a second story and rear yard addition to an existing non-conforming single- family dwelling at 705 N. Dorchester Ave. (25-14-305-040), be granted. Motion adopted 8 - 1 (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. 2. Case No. 17-09-31 - 630 Millard Ave. (25-03-328-005) Moved by: Mr. Offak Supported by: Ms. Anderson Moved, that the appeal of Homestead Construction Company, petitioner & James Ryan, owner, for the following variances: Page 50f9  Zoning Board of Appeals September 14, 2017 (a) waive 785 sq. ft. of the minimum required 6,000 sq. ft. of lot area for Parcel "A" (b) waive 601 sq. ft. of the minimum required 6,000 sq. ft. of lot area for Parcel"B" to permit a land division and create two (2) vacant, "buildable" lots at 630 Millard Ave. (25-03-328- 005), be granted. Motion adopted 8 - 1 (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. 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 board has considered the lots in the surrounding neighborhood and determined that the proposed lots have adequate buildable are to allow the construction of a dwelling which is in harmony with the character of 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. 17-09-32 - 315 Maxwell Ave. (25-16-378-031) Moved by: Mr. Offak Supported by: Mr. Klatt Moved, that the appeal of Royal Oak Housing Investments I LLC, petitioner & owner, for the following variances: (a) waive 3.5 ft. of the minimum required 28.5 ft. east front yard setback related to the construction of the single-family dwelling (b) waive 22.1 ft. of the minimum required 25.8 ft. south setback along Sherman Dr. related to the construction of the single-family dwelling (c) to allow an open porch and steps to extend into the minimum required 18.8 ft. south setback and measure 3 ft. from the property line (d) waive 22.8 ft. of the minimum required 25.8 ft. south setback along Sherman Dr. related to the detached accessory structure / garage (e) waive the minimum required 10 ft. clear vision setback for the driveway along Sherman Dr. to permit construction of a two-story single-family dwelling and a detached accessory structure / garage at 315 Maxwell Ave. (25-16-378-031), be granted. Motion adopted 7 - 2 (Ms. Anderson, Ms. Zukin). Granting the variances is based upon the following: Page 60f9  Zoning Board of Appeals September 14, 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 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. 4. Case No. 17-09-33 - 303 E. Kenilworth Ave. (25-22-352-016) Mr. Klatt announced his firm's relationship with the petitioner. He recused himself and left the meeting room during the case. The petitioner with the following variance request: (k) waive the requirement that a 30-inch decorative masonry screening wall be constructed along the west property line directly adjacent to the off-street parking spaces Moved by: Mr. Kroll Supported by: Mr. Offak Moved, that the appeal of Krieger Klatt Architects, Inc., petitioner & T&J Investments, LLC, owner, for the following variances: (a) Use Variance (b) waive 16,536 sq. ft. of the minimum required 21,000 sq. ft. of lot area (c) waive 5.6 ft. of the minimum required 25 ft. south front yard setback (d) waive 20.9 ft. of the minimum required 25 ft. east side yard setback (e) waive 20.5 ft. of the minimum required 25 ft. west side yard setback (f) to allow porches and steps with no west setback (g) to allow a second-story balcony at the front of the structure (h) waive 8 of the minimum required 10 off-street parking spaces (i) waive 6.3 ft. of the minimum required 10ft. east setback to allow off-street parking spaces directly adjacent to a single-family residence U) waive the requirement that a 6-foot decorative masonry screening wall be constructed along the east property line directly adjacent to the off-street parking spaces and drive aisle to permit modifications to and the expansion of an existing structure to establish a 5-unit multiple- family dwelling with off-street parking in the one-family residential zoning district at 303 E. Kenilworth Ave. (25-22-352-016), 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 would 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. Page 70f9  Zoning Board of Appeals September 14, 2017 2. Granting the variances will not prove detrimental to other property owners In the area. 3. There are circumstances or conditions inherently unique to the property that necessitates granting the variances. 4. There is evidence of practical difficulty. There are inherently unique circumstances or conditions of the property that necessitate 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 rEWIdered by granting the variances. 5. Case No. 17-09-34 - 407 California Ave. (25-22-354-029) Moved by: Mr. Muller Supported by: Mr. Gruba Moved, that the appeal of Elite Result LLC, petitioner & Christa Sarafa, owner, for the following variances: (a) waive 184 sq. ft. of the maximum allowable 1,800 sq. ft. total lot coverage (b) waive the requirement that an accessory structure / garage have either a mansard, hip, gambrel or gable roof to permit construction of a second story and ground floor expansion of the existing dwelling & a rear yard attached accessory structure / garage with a flat roof for the purpose of a second story deck at 407 California Ave. (25-22-354-029), 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. Other Business None. Page 80f9  Zoning Board of Appeals September 14, 2017 Public Comment None. Adjournment Moved by: Mr. Kroll Supported by: Mr. Muller Moved, that the meeting adjoumed at 10:14 p.m. Motion adopted unanimously. Page 9 019