Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Thursday, April 12, 2018 7:00 P.M. Present Absent Leslie Anderson Robert Muller Paul Curtis Clyde Esbri, Chairperson Jeff Klatt Alan Kroll Anthony Offak, Vice Chairperson Amanda Page Deborah Zukin Joseph M. Murphy, Director of Planning Agenda A. Call to Order B. Approval of Minutes for March 8, 2018 C. Old Business D. New Business 1. Case No. 18-04-08 - public hearing on the appeal of Clement Construction Co., petitioner & 122 N Lafayette LLC, owner, for the following variances: (a) waive 12 ft. of the minimum required 25 ft. north side yard setback (b) waive 18.1 ft. of the minimum required 25 ft. south side yard setback (c) expand/alter a non-conforming structure to permit expansion of the floor area of two second floor dwelling units in a 5 dwelling unit apartment building at 122 N. Lafayette Ave. (25-16-481-007) 2. Case No. 18-04-09 - public hearing on the appeal of Clement Construction Co., petitioner & 122 N Lafayette LLC ., owner, for the following variances: (a) waive 12.2 ft. of the minimum required 25 ft. north side yard setback (b) waive 18.4 ft. of the minimum required 25 ft. south side yard setback (c) expand/alter a non-conforming structure to permit expansion of the floor area of two second floor dwelling units in a 5 dwelling unit apartment building at 206 N. Lafayette Ave. (25-16-481-005) 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 Page 10f3  Zoning Board of Appeals April 12. 2018 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. Approval of Minutes for March 8, 2018 Moved by: Mr. Kroll Supported by: Mr. Curtis Moved. that the minutes of the March 8. 2018 regular meeting be approved as presented. Motion adopted unanimously. New Business 1. Case No. 18-04-08 -122 N. Lafayette Ave. (25-16-481-007) Moved by: Mr. Kroll Supported by: Mr. Klatt Moved. that the appeal of Clement Construction Co .. petitioner & 122 N Lafayette LLC., owner, for the following variances: (a) waive 12 ft. of the minimum required 25 ft. north side yard setback (b) waive 18.1 ft. of the minimum required 25 ft. south side yard setback (c) expand/alter a non-conforming structure to permit expansion of the floor area of two second floor dwelling units in a 5 dwelling unit apartment building at 122 N. Lafayette Ave., 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. 2. Case No. 18-04-09 - 206 N. Lafayette Ave. (25-16-481-005) Moved by: Mr. Kroll Supported by: Mr. Curtis Page 2 of 3  Zoning Board of Appeals April 12, 2018 Moved, that the appeal of Clement Construction Co. , petitioner & 122 N Lafayette LLC ., owner, for the following variances: (a) waive 12.2 ft. of the minimum required 25 ft. north side yard setback (b) waive 18.4 ft. of the minimum required 25 ft. south side yard setback (c) alter/expand a non-conforming structure to permit expansion of the floor area of two second floor dwelling units in a 5 dwelling unit apartment building at 206 N. Lafayette Ave. , 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. Public Comment None. Adjournment Moved by: Mr. Curtis Supported by: Ms. Anderson Moved, that the meeting adjourned at 7:22 p.m. Motion adopted unanimously. Page 3 of 3