Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Thursday, January 14, 2021 7:00 P.M. Present Absent Paul Curtis Clyde Esbri, Chairperson Robert Gavin Maggie George Jeff Klatt Trevis Moore Anthony Offak, Vice Chairperson Nancy Robinson Deborah Zukin Julianna Tschirhart, Planner Ryan Kaluzny, Assistant City Attorney Agenda A. Call to Order B. Approval of Minutes for December 10, 2020 C. Old / Unfinished Business D. New Business 1. Case No. 21-01-01 – public hearing on the appeal of Coismo Properties, petitioner & owner, for the following variances: (a) waive 165 sq. ft. of the minimum required 6,000 sq. ft. lot area for the proposed interior lot - Parcel “B” (b) waive 5.5 ft. of the minimum required 60 ft. lot width for the proposed corner lot - Parcel “A” to permit a land division and create two vacant, single-family home sites at 4105 Highfield Rd. (25-06-309-007). 2. Case No. 21-01-02 – public hearing on the appeal of The Griffin Singh LLC, petitioner & owner, for the following variance: (a) waive 9 of the minimum required 546 off-street parking spaces to permit a ground floor restaurant in a mixed-use building at 25000 Woodward Ave. (25-21-479- 031). 3. Case No. 21-01-03 – public hearing on the appeal of ZA Design Build, petitioner, & Trailhead RO LLC, owner, for the following variances: (a) waive 1,000 ft. of the minimum required 1,000 ft. distance from a school, library, park, playground, licensed day care, or religious institution (b) waive 80 ft. of the minimum required 150 ft. distance from a residential zone to permit a personal service spa with ancillary massage, body art, and microblading (tattoo) services which are defined as adult-oriented businesses at 486 N. Main St. (25-15-353-016). 4. Case No. 21-01-04 – public hearing on the appeal Douglas Gardner, petitioner, & Sharon McEvoy, owner, for the following variances: (a) alter/expand a nonconforming structure (b) waive 0.3 ft. of the minimum required east side yard setback of 4 ft. Page 1 of 6  Zoning Board of Appeals January 14, 2021 to permit construction of a second-story addition on an existing, nonconforming single-family dwelling at 2100 Harwood Ave. (25-23-307-007). E. Other Business 1. 2020 Annual Report F. Public Comment Call to Order The virtual 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. Roll Call Present Absent Paul Curtis Clyde Esbri, Chairperson Robert Gavin Maggie George Jeff Klatt Trevis Moore Anthony Offak, Vice Chairperson Nancy Robinson Deborah Zukin Approval of Minutes for December 10, 2020 Moved by: Mrs. Zukin Supported by: Mr. Klatt Moved, that the minutes of the December 10, 2020 regular meeting be approved as presented. Motion adopted unanimously. Old / Unfinished Business None. New Business 1. Case No. 21-01-01 – 4105 Highfield Rd. (25-06-309-007) Moved by: Mr. Offak Supported by: Mrs. Zukin Moved, that the appeal of Coismo Properties, petitioner & owner, for the following variances: Page 2 of 6  Zoning Board of Appeals January 14, 2021 (a) waive 165 sq. ft. of the minimum required 6,000 sq. ft. lot area for the proposed interior lot - Parcel “B” (b) waive 5.5 ft. of the minimum required 60 ft. lot width for the proposed corner lot - Parcel “A” to permit a land division and create two vacant, single-family home sites at 4105 Highfield Rd., be denied. Motion failed 3-6 (Mr. Curtis, Mr. Klatt, Mrs. George, Mr. Moore, Mr. Gavin, Mr. Esbri). Moved by: Mr. Moore Supported by: Mr. Gavin Moved, that the appeal of Coismo Properties, petitioner & owner, for the following variances: (a) waive 165 sq. ft. of the minimum required 6,000 sq. ft. lot area for the proposed interior lot - Parcel “B” (b) waive 5.5 ft. of the minimum required 60 ft. lot width for the proposed corner lot - Parcel “A” to permit a land division and create two vacant, single-family home sites at 4105 Highfield Rd., be granted. Motion adopted 6-3 (Mr. Offak, Mrs. Zukin, Mrs. Robinson). 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. 21-01-02 – 25000 Woodward Ave. (25-21-479-031) Moved by: Mr. Curtis Supported by: Mr. Offak Moved, that the appeal of The Griffin Singh LLC, petitioner & owner, for the following variance: (a) waive 9 of the minimum required 546 off-street parking spaces to permit a ground floor restaurant in a mixed-use building at 25000 Woodward Ave., be granted. Motion adopted unanimously. Granting the variances is based upon the following: Page 3 of 6  Zoning Board of Appeals January 14, 2021 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. 21-01-03 – 486 N. Main St. (25-15-353-016) Moved by: Mr. Offak Supported by: Mr. Gavin Moved, that the appeal of ZA Design Build, petitioner, & Trailhead RO LLC, owner, for the following variances: (a) waive 1,000 ft. of the minimum required 1,000 ft. distance from a school, library, park, playground, licensed day care, or religious institution (b) waive 80 ft. of the minimum required 150 ft. distance from a residential zone to permit a personal service spa with ancillary massage, body art, and microblading (tattoo) services which are defined as adult-oriented businesses at 486 N. Main St., 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. Page 4 of 6  Zoning Board of Appeals January 14, 2021 4. Case No. 21-01-04 – 2100 Harwood Ave. (25-23-307-007) Moved by: Mr. Offak Supported by: Mr. Curtis Moved, that the appeal of Douglas Gardner, petitioner, & Sharon McEvoy, owner, for the following variances: (a) alter/expand a nonconforming structure (b) waive 0.3 ft. of the minimum required east side yard setback of 4 ft. to permit construction of a second-story addition on an existing, nonconforming single-family dwelling at 2100 Harwood 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 1. 2020 Annual Report Staff presented the findings of the 2020 Zoning Board of Appeals Annual Report to the board. No action was required. Public Comment None. Adjournment Moved by: Mr. Curtis Supported by: Mr. Gavin Moved, that the meeting adjourned at 8:21 p.m. Page 5 of 6