Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Thursday, March 8, 2018 7:00 P.M. Present Absent Leslie Anderson Paul Curtis Clyde Esbri, Chairperson Jeff Klatt 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 15, 2018 C. Old Business D. New Business 1. Case No. 18-03-06 - public hearing on the appeal of Krieger Klatt Architects Inc, petitioner & T&J Investments LLC, owner, for the following variances: (a) waive 23 ft. of the maximum allowable driveway width of 25 ft. at the property line (b) waive the minimum required 10 ft. corner vision clearance setbacks along Delaware Ave. to permit a 48 ft. wide driveway along Delaware Ave. to access an off-street parking area at 303 E. Kenilworth Ave. (25-22-352-016) 2. Case No. 18-03-07 - public hearing on the appeal of OS Building Co LLC, petitioner & owner, for the following variance: (a) waive 20.42 ft. of the minimum required 30 .75 ft . setback along Tonawanda Ave. to permit construction of a two-story single-family dwelling and an attached accessory structure / garage at 3524 Normandy Rd . (25-06-280-017) 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 not present at the meeting. Page 1 of 3  Zoning Board of Appeals March 8, 2018 Approval of Minutes for February 15, 2018 Moved by: Mr. Kroll Supported by: Mr. Muller Moved, that the minutes of the February 15, 2018 regular meeting be approved with the correction of the meeting date referenced on the first page. Motion adopted unanimously. New Business 1. Case No. 18-03-06 - 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. Moved by: Mr. Kroll Supported by: Mr. Muller Moved , that the appeal of Krieger Klatt Architects Inc., petitioner & T&J Investments LLC, owner, for the following variance: (a) waive 23 ft. of the maximum allowable driveway width of 25 ft. at the property line (b) waive the minimum required 10 ft. corner vision clearance setbacks along Delaware Ave. to permit a 48 ft. wide driveway along Delaware Ave. to access an off-street parking area at 303 E. Kenilworth Ave., be granted contingent upon the petitioner modifying the site plan to move the location of the refuse enclosure to the north side of the property. Motion adopted unan imously. 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. 18-03-07 - 3524 Normandy Rd. (25-06-280-017) Moved by: Mr. Klatt Supported by: Mr. Kroll Page 2 of 3  Zoning Board of Appeals March 8, 2018 Moved, that the appeal of OS Building Co. LLC ., petitioner & owner, for the following variance: (a) waive 20.42 ft. of the minimum required 30.75 ft. setback along Tonawanda Ave. to permit construction of a two-story single-family dwelling and an attached accessory structure/garage at 3524 Normandy Rd., be granted. Motion adopted 6-2. Yes: Ms. Anderson , Chairperson Esbri, Mr. Klatt, Mr. Kroll , Mr. Muller, Ms. Page No: Mr. Offak, Ms. Zukin 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 variances . Other Business None. Public Comment One individual spoke during Public Comment. Adjournment Moved by: Ms. Zukin Supported by: Mr. Kroll Moved, that the meeting adjourned at 7:37 p.m. Motion adopted unanimously. Page 3 of 3