Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Thursday, November 9, 2017 7:00 P.M. Present Absent Clyde Esbri, Chairperson Leslie Anderson Jeff Klatt Paul Curtis Alan Kroll Robert Muller Anthony Offak, Vice Chairperson Amanda Page Deborah Zukin Joseph M. Murphy, Director of Planning Agenda A. Call to Order B. Approval of Minutes for October 12, 2017 C. Old Business D. New Business 1. Case No. 17~11-40 - public hearing on the appeal of Susan & Edward Bliznick, owners & The Levine Group Inc., petitioner, for the following variance: (a) waive 10 ft. of the minimum required 60 ft. lot width for a comer lot to permit a land division and create two (2) vacant, "buildable" lots at 233 Englewood Ave. (25- 03-303-026) E. Other Business F. Public Comment Call to Order The meeting was called to order at 7:04 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 that 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 October 12, 2017 Moved by: Mr. Kroll Supported by: Mr. Muller Page 10(3  Zoning Board of Appeals November 9, 2017 Moved, that the minutes of the October 12, 2017 regular meeting be approved as presented. Motion adopted unanimously. Old Business None. New Business 1. Case No. 17-11-40 - 233 Englewood Ave. (25-03-303-026 Moved by: Mr. Klatt Supported by: Mr. Kroll Moved, that the appeal of Susan & Edward Bliznick, owners & The Levine Group Inc., petitioner, for the following variance: (a) waive 10 ft. of the minimum required 60 ft. lot width for a corner lot to permit a land division and create two (2) vacant, "buildable" lots at 233 Englewood Ave. (25-03- 303-026), be granted. Motion adopted 6 - 1 (Ms. Page) 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 proposed lots are consistent with the width, size and general character of the lots in the neighborhood. Further, the proposed lot sizes are provide adequate "buildable" area to allow the construction of a dwelling which in character with 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. Other Business None. Page 2 of3  Zoning Board of Appeals November 9,2017 Public Comment None. Adjournment Moved by: Mr. Kroll Supported by: Ms. Zukin Moved, that the meeting adjourned at 7:35 p.m. Motion adopted unanimously. Page 30f3