Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Thursday, September 13, 2018 7:00 P.M. Present Absent Paul Curtis Leslie Anderson Clyde Esbri, Chairperson Anthony Offak, Vice Chairperson Alan Kroll Jeff Klatt Amanda Page Robert Muller Deborah Zuk.in Joseph M. Murphy, Director of Planning Ryan Kaluzny, Assistant City Attorney Agenda A. Call to Order B. Approval of Minutes for August 9, 2018 C. Old I Unfinished Business D. New Business 1. Case No. F-18-09-07 - public hearing on the appeal of Bradley Sharp, petitioner & owner, for the following variance to the city's fence ordinance: (a) waive 2 ft. of the maximum allowable height of 6 ft. to install an 8 ft. tall sight obscuring fence at 306 Hendrie Blvd. (25-21-128-019) 2. Case No. 18-09-28 - public hearing on the appeal of Krieger Klatt Architects, petitioner & St. John's Episcopal Church , owner, for the following variance: (a) waive 19 ft. of the minimum required 25 ft. south front yard setback measured to the existing raised planting beds to permit a community garden within a required front yard setback along Hendrie Blvd. at 26998 Woodward Ave. (25-21-126-022) 3. Case No. 18-08-29 - public hearing on the appeal of RT & S Building LLC. petitioner & owner, for the following variances: (a) waive 6 of the minimum required 28 off-street parking spaces to permit construction of a 3 story mixed-use building with ground-level retail sales and 8 residential dwelling units on the upper floors along with an off-street parking lot along S. Center St. at 924 S. Main St. (25-21-429-020) & 921 S. Center St. (25-21-429-012) 4. Case No. 18-09-31 - public hearing on the appeal of Catherine Alfafara , petitioner & owner, for the following variances: (a) alter I expand a non-conforming structure (b) waive 32.2 ft. of the min imum required 42.4 ft. setback along N. Washington Ave. related to the expansion of the single-family dwelling (c) waive 32.4 ft. of the minimum required 42.4 ft. setback along N. Washington Ave . rel ated to the construction of a new detached garage I accessory structure to permit construction of a two-story rear yard addition to an existing non-conforming structure and allow the construction of a detached garage I accessory structure at 302 Aqua Ct. (25-09- 429-039) Page 1 of 6  Zoning Board of Appeals September 13, 2018 5. Case No. 18-09-32 - public hearing on the appeal of Judy & Jack McRobb, petitioner & owner, for the following variances : (a) waive 2 ft. of the minimum requ ired 3 ft. west side yard setback (b) waive 1 of the maximum allowable 2 accessory structures (c) waive 0.6% of the maximum allowable total lot coverag e of 30% for all structures to permit construction of 3 ft. by 32 ft. accessory structure I shed at 3314 Normandy Rd . (25-06- 282-023) 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 difficul ty 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 affirm ative votes in order to grant the requested variances. Non-use variance requests requ ire 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 lim it their comments to 3 minutes. He further pointed out to petitioners the absence of a full board at tonight's meeting and their opportunity to request that their agenda item be adjourned until the next regular meeting due to the circumstances. Approval of Minutes for August 9, 2018 Moved by: Mr. Kroll Supported by: Mr. Curtis Moved , that the minutes of the August g, 2018 regular meeting be approved as presented . Motion adopted unanimously. Old I Unfinished Business None. New Business 1. Case No. F-18-09-07 - 306 Hendrie Blvd. (25-21-128-019) Moved by: Mr. Kroll Supported by: Mr. Muller Moved , that the appeal of Bradley Sharp, petitioner & owner, for the fol lowing variance to the ci ty's fence ordinance: (a) waive 2 ft. of the maximum allowable height of 6 ft. to install an 8 ft. tall sight obscuring fence at 306 Hendrie Blvd. , be granted . Motion adopted unanimously. Granting the variance is based upon the following: Page 2 of 6  Zoning Board of Appeals September 13, 20 18 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 . 2. Case No. 18-09-28 - 26998 Woodward Ave. (25-21-126-022) Moved by: Mr. Kroll Supported by: Mr. Muller Moved , that the appeal of Krieger Klatt Architects, petitioner & St. John's Episcopal Church , owner, for the following variance: (a) waive 19 ft. of the minimum required 25 ft. south front yard setback measured to the existing raised planting beds to permit a community garden within a required front yard setback along Hendrie Blvd . at 26998 Woodward 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 . 3. Case No. 18-09-29 - 924 S. Main SI. (25-21-429-020) & 921 S. Center SI. (25-21-429-012) Moved by: Mr. Kroll Supported by: Ms. Zukin Moved, that the appeal of RT & S Building LLC, petitioner & owner, for the following variances: (a) waive 6 of the minimum required 28 off-street parking spaces to permit construction of a 3 story mixed-use building with ground-level retail sales and 8 residential dwelling units on the upper floors along with an off-street parking lot along S. Center St. at 924 S. Main St. & 921 S. Main St., be granted . Motion adopted unanimously. Granting the variance is based upon the following : Page 3 of 6  Zoning Board of Appeals September 13,2018 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. 4. Case No. 18-09-31 - 302 Aqua Ct. (25-09-429-039) Moved by: Ms. Zukin Supported by: Mr. Kroll Moved, that the appeal of Catherine Alfafara, petitioner & owner, for the following variances: (a) alter/expand a non-conforming structure (b) waive 32.2 ft. of the minimum required 42.4 ft. setback along N. Washington Ave. related to the expansion of the single-family dwelling (c) waive 32.4 ft. of the minimum required 42.4 ft. setback along N. Washington Ave. related to the construction of a new detached garage / accessory structure to permit construction of a two-story rear yard addition to an existing non-conforming structure and allow the construction of a detached garage / accessory structure at 302 Aqua Ct. , 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 requ ires 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. Page 4 016  Zoning Board of Appeals September 13, 2018 5. Case No. 18-09-32 - 3314 Normandy Rd. (25-06-282-023) Moved by: Mr. Kroll Supported by: Ms. Page Moved, that the appeal of Judy & Jack McRobb, petitioner & owner, for the following variances: (a) waive 2 ft. of the minimum required 3 ft. west side yard setback (b) waive 1 of the maximum allowable 2 accessory structures (c) waive 0.6% of the maximum allowable total lot coverage of 30% for all structures to permit construction of a 3 ft. by 32 ft. accessory structure / shed at 3314 Normandy Rd ., be denied. Motion adopted unanimously. Denying the variances 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 permitted purpose and is not unnecessarily burdensome. 2. Granting the variances would prove detrimental to other property owners in the area. 3. There are not circumstances or conditions inherently unique to the property that necessitates granting the variances. 4. There is not evidence of practical difficulty and there are not inherently unique circumstances or conditions of the property that requires granting the variances. Other Business Mr. Murphy provided the board with written correspondence regarding case no. 17-09-33. At their September 14, 2017 meeting, the board granted (a) use variance, (b) waive 16,536 sq . ft. of the minimum required 21 ,000 sq. ft. of lot area, (c) waive 5.6 ft. of the minimum required 25 ft. south front yard setback, (d) waive 20 .9 ft . of the minimum required 25 ft. east side yard setback, (e) waive 20.5 ft. of the minimum required 25 ft. west side yard setback, (f) to allow porches and steps with no west setback, (g) to allow a second-story balcony at the front of the structure, (h) waive 8 of the minimum required 10 off-street parking spaces, (i) waive 6.3 ft. of the minimum requ ired 10ft. east setback to allow off-street parking spaces directly adjacent to a single-family residence, U) waive the requirement that a 6-foot decorative masonry screening wall be constructed along the east property line directly adjacent to the off-street parking spaces and drive aisle to permit modifications to and the expansion of an existing structure to establish a 5-unit multiple-family dwelling with off-street parking in the one- family residential zoning district at 303 E. Kenilworth Ave. (25-22-352-016). The one year expiration term of the approved variances is approaching . The petitioner's legal counsel (Mr. Dennis Cowan) requested that the board grant an 8 month extension to the approved variances . The board engaged in conversation with Mr. Cowan regarding the circumstances. Moved by: Mr. Kroll Supported by: Mr. Curtis Moved, that the approved variances associated with case no. 17-09-33 be granted an extension of no more than 8 months from the date of approval (October 12, 2017) so that the petitioner may obtain necessary building permits and commence the approved project. Motion adopted unanimously. Page 5 of 6  Zoning Board of Appeals September 13, 2018 Public Comment None. Adjournment Moved by: Mr. Kroll Supported by: Ms. Page Moved , that the meeting adjourned at 7:52 p.m. Motion adopted unanimously. Page 6 of 6