Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Thursday, February 15, 2018 7:00 P.M. Present Absent Leslie Anderson Paul Curtis Jeff Klatt Clyde Esbri, Chairperson Alan Kroll Robert Muller Anthony Offak, Vice Chairperson Amanda Page Deborah Zukin Joseph M. Murphy, Director of Planning Ryan Kaluzny, Assistant City Attorney Agenda A. Call to Order B. Approval of Minutes for February 8,2018 C. New Business 1. Case No. 18-02-04 - public hearing on the appeal of Holgistic, petitioner & Stephen Ristagno, owner, for the following variance: (a) waive 7 of the minimum required 15 off-street parking spaces to permit conversion of a former antique store into a holistic and naturopathic medical office with other services at 720 E. 11 Mile Rd. (25-22-130-027) D. Other Business E. Public Comment Call to Order The meeting was called to order at 7:00 p.m. by Vice Chairperson Offak. 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 two board members were not present at the meeting. Approval of Minutes for February 8, 2018 Moved by: Mr. Kroll Supported by: Ms. Anderson Moved, that the minutes of the February 8, 2018 regular meeting be approved as presented. Motion adopted unanimously. Page 1 of 3  Zoning Board of Appeals February 15,2018 New Business 1. Case No. 18-02-04 - 720 E. 11 Mile Rd. (25-22-130-027) Moved by: Ms. Zukin Supported by: Mr. Klatt Moved, that the appeal of Holgistic, petitioner & Stephen Ristagno, owner, for the following variance: (a) waive 7 of the minimum required 15 off-street parking spaces to permit conversion of a former antiques store into a holistic and naturopathic medical office with other services at 720 E. 11 Mile Rd., be granted. Motion adopted 5 - 2. Yes: Mr. Klatt, Mr. Muller, Vice Chairperson Offak, Ms. Page, Ms. Zukin No: Ms. Anderson, Mr. Kroll 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. 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 variance. Other Business None. Public Comment None. Page 2 of 3  Zoning Board of Appeals February 15, 2018 Adjournment Moved by: Mr. Kroll Supported by: Mr. Muller Moved, that the meeting adjourned at 8:08 p.m. Motion adopted unanimously. . Page 3 of 3