Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Thursday, October 12, 2017 7:00 P.M. Present Absent Leslie Anderson Paul Curtis Clyde Esbri, Chairperson 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 September 14, 2017 C. Old Business D. New Business 1. Case No. 17-10-35 - public hearing on the appeal of Kastler Construction Inc, petitioner & Susan and Robert Dockstader, owners, for the following variance: (a) waive 279 sq. ft. of the maximum allowable accessory ground floor area of 800 sq. ft. to permit construction of a 375 sq. ft. addition to an existing 704 sq. ft. attached accessory structure / garage at 1806 Vinton Rd. (25-17-276-018) 2. Case No. 17-10-36 - public hearing on the appeal of Paul Molinik, petitioner & owner, for the following variances: (a) waive 23% from the requirement that an attached garage / accessory structure be no greater than 50% of the total width of the front fa98de of the structure (b) waive 13.37 ft. of the maximum 7 ft. that an attached garage / accessory structure may project from the nearest point of living space on the ground floor (c) waive 5 ft. of the maximum allowable driveway width of 25 ft. at the property line to permit construction of a two-story single-family dwelling with an attached garage / accessory building that dominates the front fa9ade & projects further into the front yard than the ground floor of the dwelling at 222 Campbell Rd. (25-22-234-033) 3. Case No. 17-10-37 - public hearing on the appeal of Sea Investment Group LLC, petitioner & Alan R Burnham Trust, owner, for the following variance: (a) waive 9 of the minimum required 12 off-street parking spaces to permit expansion of a one-story commercial building and establish retail sales, professional offices, and/or carry-out restaurant tenants at 28168 Woodward Ave. (25-17-279-001) 4. Case No. 17-10-38 - public hearing on the appeal of Craig Daly & Maureen Dunphy, petitioners & owners, for the following variances: (a) waive 18 ft. of the minimum required 35 ft. north rear yard setback (b) waive the provision that limits eaves / overhangs to a maximum of 2 ft. into the minimum required setbacks to allow the eaves of the proposed addition to be 1 ft. from the side property line and 13 ft. from the rear property line Page 1 0'6  Zoning Board of Appeals October 12, 2017 to permit construction of a rear yard addition, with 4 ft. eaves, to an existing single-family dwelling at 2931 Vinsetta Blvd. (25-09-402-013) 5. Case No. 17-10-39 - public hearing on the appeal of KT Rentals LLC, petitioner & owner, for the following variances: (a) waive 1.75 ft. of the minimum required 5 ft. south side yard setback (b) waive 4.5 ft. of the minimum required 35 ft. east rear yard setback to demolish a carport and permit construction of an attached accessory structure / garage and rear yard addition of living space at 3406 Elmhurst Ave. (25-05-453-022) 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 announced the resignation of Christopher Gruba and informed applicants of the lack of a full board. Any applicant wishing to postpone their appeal due to the lack of a full board must inform the chairperson after the public hearing for their case. Approval of Minutes for August 10, 2017 Moved by: Mr. Kroll Supported by: Ms. Zukin Moved, that the minutes of the September 14, 2017 regular meeting be approved as presented. Motion adopted unanimously. Old Business None. New Business 1. Case No. 17-10-35 -1806 Vinton Rd. (25-17-276-018) Moved by: Mr. Kroll Supported by: Ms. Anderson Moved, that the appeal of Kastler Construction Inc, petitioner & Susan and Robert Dockstader, owners for the following variance: (a) waive 279 sq. ft. of the maximum allowable accessory ground floor area of 800 sq. ft. to permit construction of a 375 sq. ft. addition to an existing 704 sq. ft. attached accessory structure / garage at 1806 Vinton Rd. (25-17-276-018); be denied. Motion adopted 6 - 2 (Mr. Klatt, Mr. Offak) Page 20f6  Zoning Board of Appeals October 12,2017 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 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 that has not been created by the petitioner / property owner. 2. Case No. 17-10-36 - 222 S. Campbell Rd. (25-22-234-033) Moved by: Mr. Offak Supported by: Ms. Zukin Moved, that the appeal of Paul Molinik, petitioner & owner, for the following variances: (a) waive 23% from the requirement that an attached garage / accessory structure be no greater than 50% of the total width of the front fa9ade of the structure (b) waive 13.37 ft. of the maximum 7 ft. that an attached garage / accessory structure may project from the nearest point of living space on the ground floor (c) waive 5 ft. of the maximum allowable driveway width of 25 ft. at the property line to permit construction of a two-story single-family dwelling with an attached garage / accessory building that dominates the front fa9ade & projects further into the front yard than the ground floor of the dwelling at 222 S. Campbell Rd. (25-22-234-033), 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 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 that has not been created by the petitioner / property owner. 3. Case No. 17-10-37 - 28168 Woodward Ave. (25-17-279-001) Moved by: Mr. Kroll Supported by: Mr. Offak Moved, that the appeal of Sea Investment Group LLC, petitioner & Alan R. Burnham Trust, owner, for the following variances: (a) waive 9 of the minimum required 12 off-street parking spaces to permit expansion of a one-story commercial building and establish retail sales, professional offices, and/or carry-out restaurant tenants at 28168 Woodward Ave. (25-17-279-001), be denied. Page 30f6  Zoning Board of Appeals October 12,2017 Motion adopted 5 - 3. Yes: Ms. Anderson, Mr. Kroll, Mr. Muller, Mr. Offak, Ms. Zukin No: Mr. Curtis, Chairperson Esbri, Mr. Klatt 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 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 that has not been created by the petitioner / property owner. 4. Case No. 17-10-38 - 2931 Vinsetta Blvd. (25-09-402-013) Moved by: Mr. Kroll Supported by: Mr. Muller Moved, that the appeal of Craig Daly & Maureen Dunphy, petitioners & owners, for the following variances: (a) waive 18 ft. of the minimum required 35 ft. north rear yard setback (b) waive the provision that limits eaves / overhangs to a maximum of 2 ft. into the minimum requires setback to allow the eaves of the proposed addition to be 1 ft. from the side property line and 13 ft. from the rear property line to permit construction of a rear yard addition, with 4 ft. eaves, to an existing single-family dwelling at 2931 Vinsetta Blvd (25-09-402-013), be granted. Motion adopted unanimously. 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. 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 that has not been created by the petitioner and/or property owner. 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. 5. Case No. 17-10-39 - 3406 Elmhurst Ave. (25-05-453-022) Moved by: Mr. Offak Supported by: Mr. Curtis Page 4 of6  Zoning Board of Appeals October 12, 2017 Moved, that the appeal of KT Rentals LLC, petitioner & owner, for the following variances: (a) waive 1.75 ft. of the minimum required 5 ft. south side yard setback (b) waive 4.5 ft. of the minimum required 35 ft. east rear yard setback to demolish a carport and permit construction of an attached accessory structure / garage and rear yard addition of living space at 3406 Elmhurst Ave. (25-05-453-022), be granted. Motion adopted unanimously. 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. 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 that has not been created by the petitioner and/or property owner. 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 Schedule & religious holidays for 2018. Moved by: Mr. Kroll Supported by: Mr. Offak Be it resolved, that the Royal Oak Zoning Board of Appeals, after reviewing the materials presented and weighing its options and with all due respect to the various religious affiliations, hereby reaffirms its meeting date and time for 2018 as being that established in its adopted rules of procedure or as they may be amended in the future. Motion adopted unanimously. Public Comment None. Page 50f6  Zoning Board of Appeals October 12, 2017 Adjournment Moved by: Mr. Curtis Supported by: Mr. Klatt Moved , that the meeting adjourned at 8:35 p.m. Motion adopted unanimously . . "...... .... Page 6of6