Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Thursday, November 8,2018 7:00 P.M. Present Absent Paul Curtis Leslie Anderson Clyde Esbri. Chairperson Jeff Klatt Alan Kroll Robert Muller Anthony Offak, Vice Chairperson Amanda Page Deborah Zukin Joseph M. Murphy. Director of Planning David Gillam , City Attorney Agenda A. Call to Order B. Approval of Minutes for October 11, 2018 C. Old / Unfinished Business D. New Busine~s 1. Case No. F-18-11-08 - public hearing on the appeal of Action Fence of Michigan, Inc. , petitioner & Maureen and John Husek , 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 Marywood Dr. to install a 6 ft. tall sight obscuring fence within a front yard setback as defined in the zoning ordinance at 427 Woodsboro Dr. (25-16-276-039) 2. Case No. 18-11-36 - public hearing on the appeal of Stonefield Engineering & Design LLC, petitioner & Fishman & Wilner 804 & 806 LLC, owner, for the following variances: (a) alter/extend a non-conforming two-family dwelling on proposed Parcel "A" (b) waive 3,600 sq. ft. of the minimum required 9,000 sq. ft. of lot area to retain a non-conforming two-family dwelling on proposed Parcel "A" (c) waive 1 ft. of the minimum required 5 ft. west side yard setback to retain a non-conform ing two-family dwelling on proposed Parcel "A" (d) waive 3 ft. of the minimum required 15 ft. combined side yard setback to retain a non- conforming two-family dwelling on proposed Parcel "A" (e) waive 16 ft. of the minimum required 50 ft. lot width to create a vacant, "buildable" single- family lot on proposed Parcel "8 " (I) waive 900 sq. of the minimum required 6,000 lot area to create a vacant, "buildable" single- family lot on proposed Parcel "8" to permit a land division which results in a non-conforming use (two-family dwelling) on a non- conforming lot size - property less than 9,000 sq. ft . in lot area with non-conforming setbacks (Parcel "A") & the creation of a vacant, "buildable" single-family lot that does not meet the minimum lot size requirements (Parcel "8 ") at 804 Forest Ave. (25-15-331-069) 3. Case No. 18-11-37 - public hearing on the appeal of Krieger Klatt Architects, petitioner & Rebecca & Tevor Kenny, owners, for the following variances : (a) waive 2 ft. of the minimum required 5 ft. west side yard setback to perm it construction of an attached garage at 1112 Pinehurst Ave. (25-09-327-021) Page 10'5  Zoning Board of Appeals November 8, 20 18 4. Case No. 18-11-38 - public hearing on the appeal of Kevin Howell, petitioner & owner for the following variances: (a) alter/expand a non-conforming dwelling (b) waive 23.7 ft. of the minimum required 28.5 ft. setback along E. Third St. related to the expansion of the existing single-family dwelling (c) alter/expand a non-conforming detached garage/accessory structure (d) waive 5 ft. of the maximum allowable height of 15 ft. related to the expansion of the existing detached garage/accessory structure (e) waive 4.5 ft. of the minimum required 28.5 ft. setback along E. Third St. related to the expansion of the existing detached garage/accessory structure (I) waive 3.5 ft. of the minimum required 5 ft. east side yard setback related to the expansion of the existing detached garage/accessory structure (g) waive 4 ft. of the minimum required 5 ft. north side yard setback related to the expansion of the existing detached garage/accessory structure (h) waive 117 sq. ft. of the maximum allowable ground floor area of 677 sq. ft. for an accessory structure (i) waive 101 sq. ft. of the maximum allowable lot coverage of 1,800 sq. ft. for all structures m waive 2 ft. of the maximum allowable driveway width of 25 ft. at the property line to permit constructi on of a two-story rear yard addition to an existing non-conform ing single-family dwelling and allow a ground floor expansion and construction of a second-story addition to an existing detached garage/accessory structure at 227 Phillips PI, (25-22-127-021 ) E. Other Business F. Public Comment Call to Order The meeting was called to order at 7:02 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 affinmative 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 limit 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 October 11,2018 Moved by: Mr. Kroll Supported by: Ms. Zukin Moved , that the minutes of the October 11 , 2018 regular meeting be approved as presented. Motion adopted unanimously. Old / Unfinished Business None. New Business Page 2 of 5  Zoning Board of Appeals November 8. 2018 1. Case No. F-1S-11-0S - 427 Woodsboro Dr. (25-16-276-039) Moved by: Mr. Offak Supported by: Mr. Klatt Moved, that the appeal of Action Fence of Michigan , Inc., petitioner & Maureen and John Husek, owners, for the following variance to the city's fen ce ordinance: <a) waive 2 ft. of the maximum permitted 4 ft. fence height with a front yard setback along Marywood Dr. to install a 6 ft. tall sight obscuring fence within a front yard setback as defined in the zoning ordinance at 427 Woodsboro Dr., be granted contingent upon the 6 ft. fence being limited to segment of the property between the single-family dwelling and detached garage. Motion adopted 7 - 1 (Ms. Zukin). 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. 2. Case No. 1S-11-36 - S04 Forest Ave. (25-15-331-069) Moved by: Mr. Offak Supported by: Ms. Page Moved, that the appeal of Stonefield Engineering & Design LLC , petitioner & Fishman & Wilner 804 & 806 LLC , owner, for the following variances : (a) alter/ex1end a non-conforming two-family dwelling on proposed Parcel "A" (b) waive 3,600 sq. ft. of the minimum required 9,000 sq. ft. of lot area to retain a non-conforming two- family dwelling on proposed Parcel "A" (c) waive 1 ft. of the minimum required 5 ft . west side yard setback to retain a non-conforming two- family dwelling on proposed Parcel "A" (d) waive 3 ft. of the minimum requ ired 15 ft . combined side yard setback to retain a non-conforming two-family dwelling on proposed Parcel "A" (e) waive 16 ft. of the min imum required 50 ft. lot wi dth to create a vacant, "buildable" single-family lot on proposed Parcel "8 " (I) waive 900 sq . of the minimum required 6 ,000 lot area to create a vacant, "buildable" single-family lot on proposed Parcel "8 " to permit a land division which results in a non-conforming use (two-family dwelling) on a non- conforming lot size - property less than 9,000 sq. ft . in lot area with non-conforming setbacks (Parcel "A") & the creation of a vacant, "buildable" single-family lot that does not meet the minimum lot size requirements (Parcel "8 ") at 804 Forest Ave. be denied . Motion withdrawn. Moved by: Mr. Kroll Supported by: Mr. Curtis Moved, that the appeal of Stonefield Engineering & Design LLC , petitioner & Fishman & Wilner 804 & 806 LLC , owner, for the foll owing variances : (a) alter/ex1end a non-conforming two-family dwelling on proposed Parcel "A" (b) waive 3,600 sq. ft. of the minimum required 9,000 sq. ft. of lot area to retain a non-conforming two- family dwelling on proposed Parcel "A" Page 3 of 5  Zoning Board of Appeals November8, 2018 (c) waive 1 ft. of the minimum required 5 ft . west side yard setback to retain a non-conforming two- family dwelling on proposed Parcel "A" (d) waive 3 ft. of the minimum required 15 ft. combined side yard setback to retain a non-conform ing two-family dwelling on proposed Parcel "A" (e) waive 16 ft. of the minimum required 50 ft. lot width to create a vacant, "buildable" sing le-family lot on proposed Parcel "8" (f) waive 900 sq. of the minimum required 6,000 lot area to create a vacant, "buildable" single-family lot on proposed Parcel "8" to permit a land division which results in a non-conforming use (two-family dwelling) on a non- conforming lot size - property less than 9,000 sq. ft . in lot area with non-conforming setbacks (Parcel "A ") & the creation of a vacant, "buildable" single-family lot that does not meet the minimum lot size requirements (Parcel "8 ") at 804 Forest Ave. be postponed / tabled. Motion adopted unanimously. 3, Case No, 18-11-37 -1112 Pinehurst Ave. (25-09-327-021) Mr. Klatt announced his firm's relationsh ip with the petitioner. He recused himself and left the meeting room during the case. Moved by: Mr. Kroll Supported by: Ms. Zukin Moved, that the appeal of Krieger Klatt Architects, petitioner & Rebecca & Trevor Kenny, owners, for the following variance: (a) waive 2 ft . of the minimum required 5 ft. west side yard setback to permit construction of an attached garage at 1112 Pinehurst 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 perm itted 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 requ ires 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. 18-11-38 - 227 Phillips PI. (25-22-127-021) Moved by: Mr. Kroll Supported by: Mr. Muller Moved , that the appeal of Kevin Howell , petitioner & owner for the following variances : Page 4 of 5  Zoning Board of Appeals November 8, 2018 (a) alter/expand a non-conforming dwelling (b) waive 23.7 ft. of the minimum required 28.5 ft. setback along E. Third St. related to the expansion of the existing single-family dwelling (c) alter/expand a non-conforming detached garage/accessory structure (d) waive 5 ft. of the maximum allowable height of 15 ft. related to the expansion of the existing detached garage/accessory structure (e) waive 4.5 ft. of the minimum required 28.5 ft. setback along E. Third St. related to the expansion of the existing detached garage/accessory structure (I) waive 3.5 ft. of the minimum required 5 ft. east side yard setback related to the expansion of the existing detached garage/accessory structure (g) waive 4 ft. of the minimum required 5 ft. north side yard setback related to the expansion of the existing detached garage/accessory structure (h) waive 117 sq . ft. of the maximum allowable ground floor area of 677 sq. ft . for an accessory structure (i) waive 101 sq. ft. of the maximum allowable lot coverage of 1,800 sq. ft. for all structures Ul waive 2 ft. of the maximum allowable driveway width of 25 ft. at the property line to permit construction of a two-story rear yard addition to an existing non-conforming single-family dwelling and allow a ground floor expansion and construction of a second-story addition to an existing detached garage/accessory structure at 227 Phillips PI. , be postponed / tabled. Motion adopted unanimously. Other Business David Gillam, City Attorney reminded the board of applicable criteria for variance requests associated with land divisions. Public Comment None. Adjournment Moved by: Mr. Kroll Supported by: Mr. Curtis Moved , that the meeting adjourned at 8:37 p.m. Motion adopted unanimously. Pag e 5 of 5