Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Regular Meeting Thursday, February 10, 2022 7:00 P.M. Royal Oak City Hall 203 S. Troy St. City Commission Chambers , Room 121 Royal Oak MI 48067 Present Absent Robert Gavin , Vice Chairperson Maggie George Samantha Grant Jeff Klatt Trevis Moore Anthony Offak, Chairperson Arvind Reddy Nancy Robinson Deborah Zukin Joseph M. Murphy, Director of Plann ing Ryan Kaluzny, Assistant City Attorney Agenda A. Call to Order & Roll Call B. Approval of Minutes for January 13, 2022 C. Unfinished Business D. New Business 1. Case No. 22-02-06 - administrative review request by C&J Hammer Hard Accessories, petitioner & Raad Azzoo, owner. Appeal requesting that the zoning board of appeals overturn the zoning administrator's determination that the petitioner's business operation at 601 N. Main 51. (25-16- 432-006) is an adult-oriented commercial enterprise. 2. Case No. 22-02-07 - public hearing on the appeal of Julie & John Farhat, petitioners & owners , for the following variances: (a) waive the prohibition of a combination of utilities in a garage I accessory structure which create living space (b) use variance to convert the second story of a detached garage to habitable living space and create a second dwelling unit at 2209 Vinsetta Blvd. (25-09-331-001). E. Other Business 1. 2021 Annual Report F. General Public Comment G. Adjournment Page 1 of 4  Zoning Board of Appeals February 10, 2022 Call to Order The regular meeting was called to order at 7:00 p.m . by 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 , Vice Chairperson Maggie George Samantha Grant Jeff Klatt Trevis Moore Anthony Offak, Chairperson Arvind Reddy Nancy Robinson Deborah Zukin Approval of Minutes for January 13, 2022 Moved by: Ms. Zukin Supported by: Mr. Reddy Moved, that the minutes of the January 13, 2022 regular meeting be approved as presented. Motion adopted unanimously. Unfinished Business None. New Business 1. Case No. 22-02-06 - 601 N. Main SI. (25-16-432-006) Moved by: Ms. Robinson Supported by: Ms. Zukin Moved, that the Royal Oak Zoning Board of Appeals affirms the determination of the zoning administrator that the petitioner's business operation , at 601 N. Main St. (25-16-432-006), is an adult-oriented commercial enterprise. Motion adopted 5 - 3. Yes: Mr. Gavin , Ms. Grant, Chairperson Offak, Ms. Robinson , Ms. Zukin No: Mr. Klatt, Mr. Moore, Mr. Reddy Page 2 of4  Zoning Board of Appeals February 10, 2022 The board determined that the petitioner's written business plan , sketch floor plan , inventory of items for retail sale, and verbal clarification clearly demonstrated that their business operation contains a substantial or significant portion of its stock-in-trade as sexually explicit entertainment gimmicks, novelties , paraphernalia, and materials. 2. Case No. 22-02-07 - 2209 Vinsetta Blvd . (25-09-331-001) Mr. Klatt recused himself and left the meeting room due to his firm 's relationship with the petitioner. The petitioner withdrew variance request (b) use variance Moved by: Mr. Moore Supported by: Mr. Gavin Moved , that the appeal of Julie & John Farhat, petitioners & owners , for the following variance: (a) waive the prohibition of a combination of utilities in a garage I accessory structure which create living space to convert the second story of a detached garage to habitable living space at 2209 Vinsetta Blvd. (25-09-331-001) , be granted contingent upon the board's motion and report of findings being recorded at the Oakland County Register of Deeds. Motion fails 3 - 4. Yes: Mr. Gavin, Mr. Reddy, Mr. Trevis No: Ms. Grant, Chairperson Offak, Ms. Robinson , Ms. Zukin Nonuse variance requests require 5 affirmative votes for approval. The petitioner failed to obtain the minimum number of affirmative votes to approve the variance request. Moved by: Ms. Zukin Supported by: Ms. Robinson Moved , that the appeal of Julie & John Farhat, petitioners & owners , for the following variance: (a) waive the prohibition of a combination of utilities in a garage I accessory structure which create living space to convert the second story of a detached garage to habitable living space at 2209 Vinsetta Blvd. (25-09-331-001) , be denied. Motion adopted 4 - 3. Yes : Ms. Grant, Chairperson Offak, Ms. Robinson , Ms . Zukin No: Mr. Gavin, Mr. Reddy, Mr. Trevis 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 not evidence of practical difficulty and there are not inherently unique circumstance s or conditions of the property that requires granting the variance. Page 3 of 4  Zoning Board of Appeals February 10, 2022 Other Business 1. 2021 Annual Report No action requ ired . No action taken . General Public Comment Chairperson Offak opened the meeting for general public comment portion of the meeting . Two individuals spoke. Chairperson Offak closed the general public comment portion of the meeting. Adjournment Moved by: Mr. Gavin Supported by: Ms. Robinson Moved, that the meeting adjourned at 9:18 p.m . Motion adopted unanimously. Page4of4