Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Regular Meeting Thursday, November 11, 2021 7:00 P.M. Present Absent Robert Gavin Maggie George Samantha Grant Jeff Klatt Trevis Moore Anthony Offak, Vice Chairperson Arvind Reddy Nancy Robinson Deborah Zukin Joseph M. Murphy, Director of Planning Ryan Kaluzny, Assistant City Attorney Agenda A. Call to Order B. Roll Call C. Approval of Minutes for October 14, 2021 D. Unfinished Business E. New Business 1. Case No. F-21-11-05 – public hearing on the appeal of Jami & Chad Buchanan, petitioners & owners, for the following variance from the city’s fence ordinance: (a) Waive 2 ft. of the maximum allowable 6 ft. fence height in a rear yard to retain a previously installed 8 ft. tall sight obscuring wood fence at 326 Hendrie Blvd. (25-21- 128-009). 2. Case No. 21-11-49 – public hearing on the appeal of Kay & Daniel Haser, petitioners & owners, for the following variances: (a) Waive 1.1% (68 sq. ft.) of the maximum allowable accessory lot coverage of 10% (b) Waive 308 sq. ft. of the maximum allowable total lot coverage of 1,800 sq. ft. (c) Waive 0.7 ft. of the minimum required south side yard setback of 4 ft. for a detached accessory structure / garage to permit construction of a 14 ft. tall, 667 sq. ft. detached accessory structure / garage at 3110 Ferris Ave. (25-10-203-011). 3. Case No. 21-11-50 – public hearing on the appeal of Moiseev / Gordon Associates Inc, petitioner & Katherine and Trevor Mantkus, owners, for the following variances: (a) Waive 442 sq. ft. of the maximum allowable accessory structure ground floor area of 800 sq. ft. (b) Waive 956 sq. ft. of the maximum permitted usable floor area of 3,500 sq. ft. for a single- family dwelling (c) Waive one of the maximum allowable number of driveways to retain the westernmost drive approach and driveway to permit construction of a two-story rear yard addition, including a 1,242 sq. ft. attached garage, to an existing single-family dwelling at 202 Crane Ave. (25-16-427-024). Page 1 of 6  Zoning Board of Appeals November 11, 2021 4. Case No. 21-11-51 – public hearing on the appeal of Agree Development LLC, petitioner & Store AVF 2017-2 LLC, owner, for the following variance: (a) Waive 61 of the minimum required 193 off-street parking spaces to modify the building from a home furnishing retailer to professional office at 32301 Woodward Ave. (25-06-179-025). F. Other Business G. Public Comment H. Adjournment Call to Order The virtual special meeting was called to order at 7:46 p.m. by Vice Chairperson Offak. 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. 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 postponed until the next regular meeting due to the circumstances. Roll Call Present Absent Robert Gavin Maggie George Samantha Grant Jeff Klatt Trevis Moore Anthony Offak, Vice Chairperson Arvind Reddy Nancy Robinson Deborah Zukin Approval of Minutes for October 14, 2021 Moved by: Mr. Gavin Supported by: Mr. Klatt Moved, that the minutes of the October 14, 2021 regular meeting be approved as presented. Motion adopted unanimously. Unfinished Business None. New Business 1. Case No. F-21-11-05 – 326 Hendrie Blvd. (25-21-128-009) Page 2 of 6  Zoning Board of Appeals November 11, 2021 Moved by: Mr. Moore Supported by: Ms. Zukin Moved, that the appeal of Jami & Chad Buchanan, petitioners & owners, for the following variance from the city’s fence ordinance: (a) Waive 2 ft. of the maximum allowable 6 ft. fence height in a rear yard to retain a previously installed 8 ft. tall sight obscuring wood fence at 326 Hendrie Blvd. (25-21- 128-009), 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 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. 21-11-49 – 3110 Ferris Ave. (25-10-203-011) Due to technical difficulties, the virtual special meeting was recessed at 8:11 p.m. and was reconvened by Vice Chairperson Offak at 8:22 p.m. Moved by: Mr. Gavin Supported by: Mr. Klatt Moved, that the appeal of Kay & Daniel Haser, petitioners & owners, for the following variance: (c) Waive 0.7 ft. of the minimum required south side yard setback of 4 ft. for a detached accessory structure / garage to permit construction of a 14 ft. tall, 667 sq. ft. detached accessory structure / garage at 3110 Ferris Ave. (25-10-203-011)., be granted. Motion adopted 7 – 1 (Ms. Zukin). The petitioner withdrew the following variance: (a) Waive 1.1% (68 sq. ft.) of the maximum allowable accessory lot coverage of 10% Moved by: Mr. Gavin Supported by: Mr. Klatt Moved, that the appeal of Kay & Daniel Haser, petitioners & owners, for the following variances: (b) Waive 240 sq. ft. of the maximum allowable total lot coverage of 1,800 sq. ft. to permit construction of a 14 ft. tall, 667 sq. ft. detached accessory structure / garage at 3110 Ferris Ave. (25-10-203-011)., 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. Page 3 of 6  Zoning Board of Appeals November 11, 2021 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. 21-11-50 – 202 Crane Ave. (25-16-427-024) Moved by: Mr. Klatt Supported by: Mr. Gavin Moved, that the appeal of Moiseev / Gordon Associates Inc, petitioner & Katherine and Trevor Mantkus, owners, for the following variances: (a) Waive 442 sq. ft. of the maximum allowable accessory structure ground floor area of 800 sq. ft. (b) Waive 956 sq. ft. of the maximum permitted usable floor area of 3,500 sq. ft. for a single- family dwelling (c) Waive one of the maximum allowable number of driveways to retain the westernmost drive approach and driveway to permit construction of a two-story rear yard addition, including a 1,242 sq. ft. attached garage, to an existing single-family dwelling at 202 Crane Ave. (25-16-427-024), be granted. Motion adopted 7 – 1 (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 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 November 11, 2021 4. Case No. 21-11-51 – 32301 Woodward Ave. (25-06-179-025) Moved by: Mr. Klatt Supported by: Mr. Gavin Moved, that the appeal of Agree Development LLC, petitioner & Store AVF 2017-2 LLC, owner, for the following variance: (a) Waive 61 of the minimum required 193 off-street parking spaces to modify the building from a home furnishing retailer to professional office at 32301 Woodward Ave. (25-06-179-025), 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. 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 announced the need to hold a closed session, starting at 6:30 p.m., prior to the next regularly scheduled meeting – December 9, 2021 at 7 p.m. The closed session involves discussion on pending litigation. Public Comment None. Adjournment Moved by: Mr. Moore Supported by: Ms. Grant Moved, that the meeting adjourned at 9:30 p.m. Page 5 of 6  Zoning Board of Appeals November 11, 2021 Motion adopted unanimously. Anthony Offak, Vice Chairperson Joseph M. Murphy, Director of Planning Page 6 of 6