Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Thursday, December 10, 2020 7:00 P.M. Present Absent Leslie Anderson Paul Curtis Clyde Esbri, Chairperson Robert Gavin Jeff Klatt Alan Kroll Anthony Offak, Vice Chairperson Nancy Robinson Deborah Zukin Joseph Murphy, Director of Planning Ryan Kaluzny, Assistant City Attorney Agenda A. Call to Order B. Approval of Minutes for November 12, 2020 C. Old / Unfinished Business D. New Business 1. Case No. F-20-12-04 – public hearing on the appeal of Northern Spire Solutions, LLC, petitioner, & Haley Seaman and Moshe Kandinov, owners, for the following variance: (a) waive 2 ft. of the maximum allowable 6 ft. fence height to install an 8 ft. tall sight obscuring vinyl fence at 802 E. Lincoln Ave. (25-22-328-027). 2. Case No. F-20-12-05 – public hearing on the appeal of Darla Marineau-Coppens, petitioner & owner, for the following variances: (a) waive 2 ft. of the maximum allowable 4 ft. fence height within a front yard setback along N. Main St. (b) waive 2 ft. of the maximum allowable 6 ft. height for a driveway gate and adjacent fence (c) waive the requirement that fence materials be identical or compatible to retain an unapproved mixed material fence and construct the remaining segment along the south property line at 1719 N. Main St. (25-16-227-018). 3. Case No. 20-12-29 – public hearing on the appeal of Kingsbridge Real Estate LLC, petitioner & 509 E 13 Mile LLC, owner, for the following variance: (a) use variance to allow an outdoor animal exercise run / pen at a veterinary office and hospital at 509 E. 13 Mile Rd. (25-03-379-015). 4. Case No. 20-12-30 – public hearing on the appeal of John and Nicole Sanders, petitioners & owners, for the following variances: (a) alter/expand a nonconformity (b) waive an additional 3.1% (189 sq. ft.) of the maximum permitted total lot coverage of 30% to permit construction of a two-story rear yard addition to an existing single-family dwelling and further increase the total lot coverage at 502 S. Laurel St. (25-21-211-019). Page 1 of 9  Zoning Board of Appeals December 10, 2020 5. Case No. 20-12-31 – public hearing on the appeal of Denise Dawson, petitioner & owner, for the following variances: (a) waive 10 ft. of the minimum required 50 ft. lot width for Parcel “A” (b) waive 1,000 sq. ft. of the minimum required 6,000 sq. ft. lot area for Parcel “A” (c) waive 10 ft. of the minimum required 50 ft. lot width for Parcel “B” (d) waive 1,000 sq. ft. of the minimum required 6,000 sq. ft. lot area for Parcel “B” to permit a land division and create two vacant, single-family home sites at 3337 Garden Ave. (25-07-104-030). 6. Case No. 20-12-32 – public hearing on the appeal of Women’s Excellence, petitioner, & Chajonkim LLC, owner, for the following variance: (a) waive the requirement prohibiting a permanent structure within a residential accessory off- street parking lot to install a carport structure over eight (8) parking spaces within the accessory off-street parking lot at 32604-32686 Woodward Ave. (25-06-129-018) and residential off-street parking lot (25-06- 129-006). 7. Case No. 20-12-33 – public hearing on the appeal of Detroit Sweat LLC, petitioner, & Kemp Brothers Investments, LLC, owner, for the following variance: (a) waive 7 of the minimum required 12 off-street parking spaces to permit conversion of a former print shop to a fitness center at 4921 Delemere Ave. (20-32- 377-020). 8. Case No. 20-12-34 – public hearing on the appeal of BMW Kar Wash dba Jax Kar Wash, petitioner & owner, for the following variance: (a) waive 8 of the minimum required 16 off-street parking spaces. to retain the unapproved, southernmost automated teller which eliminates access to required off- street parking spaces at 27002-27054 Woodward Ave. (25-16-379-041 & -042). E. Other Business F. Public Comment Call to Order The virtual 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. Roll Call Present Absent Leslie Anderson Paul Curtis Clyde Esbri, Chairperson Robert Gavin Jeff Klatt Alan Kroll Anthony Offak, Vice Chairperson Nancy Robinson Deborah Zukin Page 2 of 9  Zoning Board of Appeals December 10, 2020 Approval of Minutes for November 12, 2020 Moved by: Mr. Kroll Supported by: Mr. Klatt Moved, that the minutes of the November 12, 2020 regular meeting be approved as presented. Motion adopted unanimously. Old / Unfinished Business None. New Business 1. Case No. F-20-12-04 – 802 E. Lincoln Ave. (25-22-328-027) Moved by: Mr. Kroll Supported by: Mr. Gavin Moved, that the appeal of Northern Spire Solutions, LLC, petitioner, & Haley Seaman and Moshe Kandinov, owners, for the following variance: (a) waive 2 ft. of the maximum allowable 6 ft. fence height to install an 8 ft. tall sight obscuring vinyl fence at 802 E. Lincoln Ave., be granted. Motion adopted 5 -4. Yes: Chairperson Esbri, Mr. Gavin, Mr. Klatt, Mr. Kroll, Ms. Robinson No: Ms. Anderson, Mr. Curtis, Mr. Offak, Ms. Zukin Granting the variances is based upon the following: 1. Practical difficulties exist in strict compliance with the Fence Ordinance provisions. 2. Granting the variance will do substantial justice to the petitioner and will not prove detrimental to other property owners in the area. 3. Granting the variance is done in light of public health, safety, and welfare concerns. 2. Case No. F-20-12-05 – 1719 N. Main St. (25-16-227-018) Moved by: Mr. Offak Supported by: Mr. Kroll Moved, that the appeal of Darla Marineau-Coppens, petitioner & owner, for the following variances: (a) waive 2 ft. of the maximum allowable 4 ft. fence height within a front yard setback along N. Main St. (b) waive 2 ft. of the maximum allowable 6 ft. height for a driveway gate and adjacent fence (c) waive the requirement that fence materials be identical or compatible to retain an unapproved mixed material fence and construct the remaining segment along the south property line at 1719 N. Main St., be granted. Page 3 of 9  Zoning Board of Appeals December 10, 2020 Motion adopted unanimously. Granting the variances is based upon the following: 1. Practical difficulties exist in strict compliance with the Fence Ordinance provisions. 2. Granting the variance will do substantial justice to the petitioner and will not prove detrimental to other property owners in the area. 3. Granting the variance is done in light of public health, safety, and welfare concerns. 3. Case No. 20-12-29 – 509 E. 13 Mile Rd. (25-03-379-015) Moved by: Mr. Offak Supported by: Mr. Curtis Moved, that the appeal of Kingsbridge Real Estate, LLC, petitioner, & 509 E 13 Mile, LLC, owner, for the following variance: (a) use variance to allow an outdoor animal exercise run / pen at a veterinary office and hospital at 509 E. 13 Mile Rd., be granted. Motion adopted unanimously. Granting the variance is based upon the following: 1. The property cannot be reasonably used for the purposes permitted in the neighborhood business zoning district. Strict compliance with the zoning ordinance provisions would prevent the property owner from use and enjoyment of the property and would render conformity with such provisions unnecessarily burdensome. 2. The appeal results from unique circumstances peculiar to the property and not the general conditions of the surrounding area. Further, the request use would not alter the essential character of the area. 3. The alleged hardship has not been created by the petitioner and/or property owner. There are circumstances or conditions inherently unique to the property. 4. The requested use is a substantial property right possessed by other property owners in the neighborhood business zoning district. 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. 20-12-30 – 502 S. Laurel St. (25-21-211-019) Moved by: Mr. Kroll Supported by: Mr. Offak Moved, that the appeal of John and Nicole Sanders, petitioners & owners, for the following variances: (a) alter/expand a nonconformity (b) waive an additional 3.1% (189 sq. ft.) of the maximum permitted total lot coverage of 30% to permit construction of a two-story rear yard addition to an existing single-family dwelling and further increase the total lot coverage at 502 S. Laurel St., be denied. Page 4 of 9  Zoning Board of Appeals December 10, 2020 Motion failed 3 - 6. Yes: Mr. Kroll, Mr. Offak, Ms. Zukin No: Ms. Anderson, Mr. Curtis, Chairperson Esbri, Mr. Gavin, Mr. Klatt, Ms. Robinson Moved by: Mr. Curtis Supported by: Mr. Klatt Moved, that the appeal of John and Nicole Sanders, petitioners & owners, for the following variances: (a) alter/expand a nonconformity (b) waive an additional 3.1% (189 sq. ft.) of the maximum permitted total lot coverage of 30% to permit construction of a two-story rear yard addition to an existing single-family dwelling and further increase the total lot coverage at 502 S. Laurel St., be approved. Motion adopted 6 - 3. Yes: Ms. Anderson, Mr. Curtis, Chairperson Esbri, Mr. Gavin, Mr. Klatt, Ms. Robinson No: Mr. Kroll, Mr. Offak, Ms. Zukin 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 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 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. 20-12-31 – 3337 Garden Ave. (25-07-104-030) Moved by: Mr. Klatt Supported by: Mr. Gavin Moved, that the appeal of Denise Dawson, petitioner & owner, for the following variances: (a) waive 10 ft. of the minimum required 50 ft. lot width for Parcel “A” (b) waive 1,000 sq. ft. of the minimum required 6,000 sq. ft. lot area for Parcel “A” (c) waive 10 ft. of the minimum required 50 ft. lot width for Parcel “B” (d) waive 1,000 sq. ft. of the minimum required 6,000 sq. ft. lot area for Parcel “B” to permit a land division and create two vacant, single-family home sites at 3337 Garden Ave., be granted. Motion failed 4 -5. Yes: Mr. Curtis, Chairperson Esbri, Mr. Gavin, Mr. Klatt No: Ms. Anderson, Mr. Kroll, Mr. Offak, Ms. Robinson, Ms. Zukin Page 5 of 9  Zoning Board of Appeals December 10, 2020 Moved by: Mr. Kroll Supported by: Ms. Anderson Moved, that the appeal of Denise Dawson, petitioner & owner, for the following variances: (a) waive 10 ft. of the minimum required 50 ft. lot width for Parcel “A” (b) waive 1,000 sq. ft. of the minimum required 6,000 sq. ft. lot area for Parcel “A” (c) waive 10 ft. of the minimum required 50 ft. lot width for Parcel “B” (d) waive 1,000 sq. ft. of the minimum required 6,000 sq. ft. lot area for Parcel “B” to permit a land division and create two vacant, single-family home sites at 3337 Garden Ave., be denied. Motion adopted 5 - 4. Yes: Ms. Anderson, Mr. Kroll, Mr. Offak, Ms. Robinson, Ms. Zukin No: Mr. Curtis, Chairperson Esbri, Mr. Gavin, Mr. Klatt 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, or would not render conformity with such provisions unnecessarily burdensome. 2. Granting the variances will prove detrimental to other property owners in the area. 3. There are no circumstances or conditions inherently unique to the property that necessitates granting the variances. 4. There is no evidence of practical difficulty. The hardship has been created by the petitioner and property owner. 5. The proposed lots are not consistent with the width, size and general character of the lots in the neighborhood. 6. Case No. 20-12-32 – 32604-32686 Woodward Ave. (25-06-129-018) and residential off-street parking lot (25-06-129-006) Mr. Klatt recused himself due to his firm’s relationship with the petitioner. Moved by: Mr. Kroll Supported by: Mr. Offak Moved, that the appeal of Women’s Excellence, petitioner, & Chajonkim LLC, owner, for the following variance: (a) waive the requirement prohibiting a permanent structure within a residential accessory off- street parking lot to install a carport structure over eight (8) parking spaces within the accessory off-street parking lot at 32604-32686 Woodward Ave. (25-06-129-018) and residential off-street parking lot (25-06- 129-006), be granted. Motion failed 2 – 6. Yes: Mr. Curtis, Mr. Kroll No: Ms. Anderson, Chairperson Esbri, Mr. Gavin, Mr. Offak, Ms. Robinson, Ms. Zukin Mr. Klatt recused himself due to his firm’s relationship with the petitioner. Moved by: Mr. Gavin Page 6 of 9  Zoning Board of Appeals December 10, 2020 Supported by: Mr. Offak Moved, that the appeal of Women’s Excellence, petitioner, & Chajonkim LLC, owner, for the following variance: (a) waive the requirement prohibiting a permanent structure within a residential accessory off- street parking lot to install a carport structure over eight (8) parking spaces within the accessory off-street parking lot at 32604-32686 Woodward Ave. (25-06-129-018) and residential off-street parking lot (25-06- 129-006), be denied. Motion adopted 6 – 2. Yes: Ms. Anderson, Chairperson Esbri, Mr. Gavin, Mr. Offak, Ms. Robinson, Ms. Zukin No: Mr. Curtis, Mr. Kroll Denying the 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 permitted purpose, or would not render conformity with such provisions unnecessarily burdensome. 2. Granting the variance 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 variance. 4. There is no evidence of practical difficulty and there are not inherently unique circumstances or conditions of the property that requires granting the variance. 7. Case No. 20-12-33 – 4921 Delemere Ave. (20-32-377-020) Moved by: Mr. Kroll Supported by: Mr. Curtis Moved, that the appeal of Detroit Sweat LLC, petitioner, & Kemp Brothers Investments, LLC, owner, for the following variance: (a) waive 7 of the minimum required 12 off-street parking spaces to permit conversion of a former print shop to a fitness center at 4921 Delemere 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 conditions inherently unique to the property that necessitates granting the variance. Page 7 of 9  Zoning Board of Appeals December 10, 2020 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. 8. Case No. 20-12-34 – 27002-27054 Woodward Ave. (25-16-379-041 & -042) Moved by: Mr. Offak Supported by: Mr. Kroll Moved, that the appeal of BMW Kar Wash dba Jax Kar Wash, petitioner & owner, for the following variance: (a) waive 8 of the minimum required 16 off-street parking spaces. to retain the unapproved, southernmost automated teller which eliminates access to required off- street parking spaces at 27002-27054 Woodward Ave., be granted. Motion adopted 6 - 3. Yes: Ms. Anderson, Mr. Klatt, Mr. Kroll, Mr. Offak, Ms. Robinson, Ms. Zukin No: Mr. Curtis, Chairperson Esbri, Mr. Gavin 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 variance. Other Business None. Public Comment None. Adjournment Moved by: Mr. Kroll Page 8 of 9