Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Thursday, August 9,2018 7:00 P.M. Present Absent Leslie Anderson Paul Curtis Clyde Esbri, Chairperson Jeff Klatt Alan Kroll Amanda Page 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 July 12, 2018 C. Old I Unfinished Business 1. Case No. 18-06-20 - public hearing on the appeal of 303 E Kenilworth, LLC, petitioner & owner, for the following variances: (a) use variance (b) waive 7,536 sq. ft. of the minimum required 12,000 sq. ft. of lot area (c) waive 2.4 ft. of the minimum required 25 ft. south front yard setback (d) waive 18.7 ft. of the minimum required 25 ft. north rear yard setback (e) waive 21 ft. of the minimum required 25 ft. east side yard setback (f) waive 21.4 ft. of the minimum required 25 ft. west side yard setback measured to the exterior of the nearest point of living space (g) waive 25 ft. of the minimum required 25 ft. west side yard setback measured to the nearest point of the second story balconies (h) waive 6.4 ft. of the minimum required 10ft. west side yard setback to provide clear visibility for drivers exiting the attached accessory structures / garages (i) waive the required 6 ft. wall or fence along the east property line to demolish a non-conforming multiple-family structure and permit construction of a non- conforming, 30 ft. tall , three unit multiple-family structure in the one-family residential zoning district at 303 E. Kenilworth Ave. (25-22-352-016) 2. Case No. F-1S-07-04 - public hearing on the appeal of Kimberly O'Neil, petitioner & owner, for the following variance to the city's fence ordinance: (a) waive 1 ft. of the maximum allowable height of 3 ft. to install a 4 ft. tall sight obscuring vinyl picket fence within 10ft. of the intersection of a driveway and sidewalk at 1317 Bauman Ave. (25-03-277-037) D. New Business 1. Case No. F-1S-0S-06 - public hearing on the appeal of Action Fence of Michigan, petitioner & Jeff & Kevin Kalicke, owners, for the following variance to the city's fence ordinance: (a) waive 2 ft. of the maximum permitted 4 ft. fence height within a front yard setback along S. Campbell Rd. Page 1 otB  Zoning Board of Appeals August 9, 2018 to install a 6 ft. tall sight obscuring vinyl fence within a front yard setback as defined in the zoning ordinance at 1700 E. 4th St. (25-23-151-001) 2. Case No. F-18-08-07 - public hearing on the appeal of Connell Desmond Properties, petitioner & owner, for the following variance to the city's fence ordinance: (a) waive 2 ft. of the maximum permitted 6 ft. fence height to install an 8 ft. tall sight obscuring wood fence separating commercial and residential property at 32515 Woodward Ave. (25-06-179-024) 3. Case No. 18-08-24 - public hearing on the appeal of Suzanne & Thomas Tresnak, petitioners & owners, for the following variances: (a) waive 5 ft. of the minimum required 10ft. west side yard setback (b) waive 20 ft. of the maximum driveway width of 25 ft . (c) waive the hard surface requirement for a driveway to permit expansion of an existing attached garage and allow a gravel driveway at 1620 Northwood Blvd. (25-09-304-001) 4. Case No. 18-08-25 - public hearing on the appeal of Finnicum Brownlie Architects, petitioner & Sarah and Wassim Tarraf, owners, for the following variances: (a) alter/expand a non-conforming structure (b) waive 15.9 ft. of the minimum required 25 .5 ft. setback along N. Washington Ave. to permit construction of a ground floor expansion of an existing , non-conforming two-story single- family dwelling and a two-story rear yard addition with an attached accessory structure / garage at 303 Aqua Ct. (25-09-430-013) 5. Case No. 18-08-26 - public hearing on the appeal of Cherry Creek Building, LLC, petitioner & Salathiel Martinez, Jr, owner, for the following variance: (a) waive 5 ft. of the minimum required front yard depth of 35 ft. to permit a horseshoe-shaped driveway at 1220 E. 14 Mile Rd. (25-03-226-007) 6. Case No. 18-08-27 - public hearing on the appeal of Ryan Beattie, Rev Fitness LLC , petitioner & Joe & Jen LLC, owner, for the following variance: (a) waive 9 of the minimum required 12 off-street parking spaces to permit a fitness center / training studio at 32801 Woodward Ave. (25-06-102-045) E. Other Business F. Public Comment Call to Order The meeting was called to order at 7:01 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. Approval of Minutes for July 12, 2018 Moved by: Mr. Kroll Supported by: Mr. Offak Moved , that the minutes of the July 12,2018 regular meeting be approved as presented. Page 2 of 8  Zoning Board of Appeals August 9, 2018 Motion adopted unanimously. Old I Unfinished Business 1. Case No. 18-06-20 - 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. Offak Moved, that the appeal of 303 E Kenilworth, LLC, petitioner & owner, for the following variances: (a) use variance (b) waive 7,536 sq. ft. of the minimum required 12,000 sq. ft. of lot area (c) waive 2.4 ft. of the minimum required 25 ft. south front yard setback (d) waive 18.7 ft. of the minimum required 25 ft. north rear yard setback (e) waive 21 ft. of the minimum required 25 ft. east side yard setback (f) waive 21.4 ft. of the minimum required 25 ft. west side yard setback measured to the exterior of the nearest point of living space (g) waive 25 ft. of the minimum required 25 ft. west side yard setback measured to the nearest point of the second story balconies (h) waive 6.4 ft. of the minimum required 10ft. west side yard setback to provide clear visibility for drivers exiting the attached accessory structures I garages (i) waive the required 6 ft. wall or fence along the east property line to demolish a non-conforming multiple-family structure in the one-family residential zoning district at 303 E. Kenilworth Ave., be granted. Vote: 5 - 3. Yes : Mr. Curtis, Chairperson Esbri, Mr. Kroll, Mr. Muller, Mr. Offak No: Ms. Anderson, Ms. Page, Ms. Zukin Non-use variance requests require 5 affirmative votes for approval. Use variance requests require 6 affirmative votes for approval. Moved by: Ms. Zukin Supported by: Ms. Anderson Moved, that the appeal of 303 E Kenilworth, LLC, petitioner & owner, for the following variance: (a) use variance to demolish a non-conforming multiple-family structure in the one-family residential zoning district at 303 E. Kenilworth Ave., be denied. Motion adopted 6 - 2 Yes: Ms. Anderson, Mr. Curtis, Ms. Page , Mr. Muller, Mr. Offak, Ms. Zukin No: Chairperson Esbri, Mr. Kroll Denying the use variance is based upon the following : 1. Strict compliance with the zoning ordinance provisions will not unreasonably prevent the petitioner from use and enjoyment of the property for a perm itted use within the one-family residential zoning district. Page 3 of 8  Zoning Board of Appeals August 9, 2018 2. The property does not possess inherently unique circumstances or conditions that necessitates granting the use variance. 3. The proposal would alter the essential character of the neighborhood of single-family dwellings. 4. The hardship has been created by the petitioner / owner. 5. Nearby property owners in the one-family residential zoning district do not possess the right to construct multiple-family dwellings as proposed. 2. Case No. 1S-07-04 -1317 Bauman Ave. (25-03-277-037) Moved by: Mr. Klatt Supported by: Mr. Kroll Moved, that the appeal of Kimberly O'Neil, petitioner & owner, for the following variance to the city's fence ordinance: (a) waive 1 ft. of the maximum allowable height of 3 ft. to install a 4 ft. tall sight obscuring vinyl picket fence within 10ft. of the intersection of a driveway and sidewalk at 1317 Bauman Ave., be granted. Motion adopted unanimously. Granting the variance is based upon the following : 1. Practical difficulties exist in strict compliance with the fence ordinance provisions. 2. Granting the variance does not negatively affect other property owners in the area. 3. Granting the variance is done in light of public health, safety and welfare concerns. New Business 1. Case No. F-18-0S-06 -1700 E. 4th St. (25-23-151-001) Moved by: Mr. Offak Supported by: Mr. Muller Moved, that the appeal of Action Fence of Michigan, petitioner & Jeff & Kevin Kalicke, owners, for the following variance to the city's fence ordinance: (a) waive 2 ft. of the maximum permitted 4 ft. fence height within a front yard setback along S. Campbell Rd. to install a 6 ft. tall sight obscuring vinyl fence within a front yard setback as defined in the zoning ordinance at 1700 E. 4th St., be granted. Motion adopted 8 - 1 (Ms. Anderson) . Granting the variance is based upon the following : 1. Practical difficulties exist in strict compliance with the fence ordinance provisions. 2. Granting the variance does not negatively affect other property owners in the area. 3. Granting the variance is done in light of public health, safety and welfare concerns. Page 4 of 8  Zoning Board of Appeals August g, 2018 2. Case No. F-18-08-07 - 32515 Woodward Ave. (25-06-179-024) The appeal of Connell Desmond Properties , petitioner & owner, for the following variance: (a) waive 2 ft. of the maximum permitted 6 ft. fence height to install an 8 ft. tall sight obscuring wood fence separating commercial and residential property was withdrawn by the petitioner. 3. Case No. 18-08-24 - 1620 Northwood Blvd. (25-09-304-001) Moved by: Mr. Kroll Supported by: Mr. Muller Moved, that the appeal of Suzanne & Thomas Tresnak, petitioners & owners, for the following variances : (a) waive 5 ft. of the minimum required 10ft. west side yard setback (b) waive 20 ft. of the maximum driveway width of 25 ft. (c) waive the hard surface requirement for a driveway to permit expansion of an existing attached garage and allow a gravel driveway at 1620 Northwood Blvd. , 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 conform ity 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. 4. Case No. 18-08-25 - 303 Aqua Ct. (25-09-430-013) Moved by: Mr. Klatt Supported by: Mr. Curtis Moved, that the appeal of Finnicum Brownlie Architects , petitioner & Sarah and Wassim Tarraf, owners, for the following variances: (a) alter/expand a non-conforming structure (b) waive 15.9 ft. of the minimum required 25.5 ft. setback along N. Washington Ave . to permit construction of a ground floor expansion of an existing , nonconforming two-story single- family dwelling and a two-story rear yard addition with an attached accessory structure / garage at 303 Aqua Ct., be granted . Motion adopted unanimously. Page 5 of 8  Zoning Board of Appeals August 9, 2018 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. 5. Case No. 18-08-26 - 1220 E. 14 Mile Rd. (25-03-226-007) Moved by: Mr. Kroll Supported by: Mr. Offak Moved, that the appeal of Cherry Creek Building, LLC, petitioner & Salathiel Martinez, Jr. , owner, for the following variance: (a) waive 5 ft. of the minimum required front yard depth of 35 ft. to permit a horseshoe-shaped driveway at 1220 E. 14 Mile Rd. , 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. 6. Case No. 18-08-27 - 32801 Woodward Ave. (25-06-102-045) Moved by: Mr. Kroll Page 6 of 8  Zoning Board of Appeals August 9, 201 8 Supported by: Mr. Offak Moved , that the appeal of Ryan Beattie, Rev Fitness LLC, petitioner & Joe & Jen LLC, owner, for the following variance : (a) waive 9 of the minimum required 12 off-street parking spaces to permit a fitness center / training studio at 32801 Woodward Ave., be granted . Motion adopted unanimously. 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 cond itions 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 Mr. Murphy provided the board with written correspondence with regard to Case No. 17-08-27. At their August 10, 2017 meeting the board granted variances related to the proposal to permit a land division which retains the existing single-family dwelling and related detached accessory structure / garage on a reduced lot size & creates a "buildable" lot to construct a two-story building with two (2) family residential dwelling units and associated detached accessory structure / garage at 210 N. Lafayette Ave. The petitioner has not obtained a building permit associated with the variances since approval. The one year expiration term is approaching. The petitioner has provided a written request for a one year extension of the approved variances. The board discussed the request. Moved by: Mr. Kroll Supported by: Mr. Klatt Moved, that the approved variances associated with Case No. 17-08-27 be granted an extension of no more than 90 days from the date of approval (August 10, 2017) so that the petitioner may obtain a building permit to commence the approved project. Motion adopted unanimously. Mr. Kroll led the board in a discussion regard ing a previously receipted written request to rehear Case No. F-18-05-02. Moved, to rehear Case No. F-18-05-02 , the appeal of Maureen & Travis Wallner, petitioner & owner, Page 7 of 8  Zoning Board of Appeals August 9, 2018 for the following variance to the city's fence ordinance: (a) waive 2 ft. of the maximum permitted 4 ft . fence height within a front yard setback along S. Rembrandt Ave. to install a 6 ft. tall sight obscuring fence within a front yard setback as defined in the zoning ordinance at 1202 E. 6 th St. Moved by: Mr. Kroll Supported by: Muller Motion fails 4 - 5. Yes : Chairperson Esbri, Mr. Klatt, Mr. Kroll , Mr. Muller No: Ms. Anderson, Mr. Curtis, Ms. Page, Mr. Offak, Ms. Zukin Public Comment None. Adjournment Moved by: Ms. Zukin Supported by: Mr. Klatt Moved , that the meeting adjourned at 9:06 p.m . Motion adopted unanimously. Page 8 of 8