Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Regular Meeting Th ursday, May 12, 2022 7:00 P.M . Royal Oak City Hall 203 S. Troy St. City Commission Chambers, Room 121 Royal Oak MI 48067 Agenda A. Call to Order & Roll Call B. Approval of Minutes for April 14, 2022 C . . Old I Unfinished Business D. New Business 1. Case No. 22-05-16 - public hearing on the appeal of Lafontaine Imports of Birmingham LLC, petitioner & Van John Vanderpool Trust, owner, for the following variance: (a) waive 11 of the minimum required 18 off-street parking spaces to establish an electric vehicle dealership at 30533 Woodward Ave. (25-08-151-014). 2. Case No. F-22-05-01 - public hearing on the appeal of Jason M Shoemaker, petitioner & owner, for the following variance to the city's Fence Ordinance: (a) waive 2 ft. of the maximum permitted 4 ft. fence height w ithin a front yard setback along S. Alexander Ave. to allow a 6 ft. sight obscuring wood fence within a front yard setback as defined in the Zoning Ordinance at 828 E. 3'· SI. (25-22-132-017). E. Other Business F. General Public Comment G. Adjournment Call to Order The regular meeting was called to order at 7:01 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. Page 1 of 4  Zoning Board of Appeals May 12, 2022 Roll Call Present Absent Robert Gavin , Vice Chairperson Samantha Grant Maggie George Jeff Klatt T revis Moore Anthony Offak, Chairperson Arvind Reddy Nancy Robinson Deborah Zukin Approval of Minutes for April 14, 2022 Moved by: Mr. Moore Supported by: Mr. Klatt Moved, that the minutes of the April 14, 2022 regular meeting be approved as presented. Motion adopted unanimously. Unfinished Business None. New Business 1. Case No. 22-05-16 - 30533 Woodward Ave. (25-08-151-014) Moved by: Mr. Gavin Supported by: Ms. George Moved that the appeal of Lafontaine Imports of Birmingham LLC , petitioner & Van John Vanderpool Trust, owner, for the following variance: (a) waive 11 of the minimum required 18 off-street parking spaces to establish an electric vehicle dealership at 30533 Woodward Ave. (25-08-151-014), 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 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. Page 2 of 4  Zoning Board of Appeals May 12,2022 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 variance. 2. Case No. F-22-05-01 - 828 E. 3'· 5t. (25-22-132-017) Moved by: Mr. Klatt Supported by: Ms. George Moved that the appeal of Jason M Shoemaker, petitioner & owner, 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 S. Alexander Ave. to allow a 6 ft. sight obscuring wood fence with in a front yard setback as defined in the Zoning Ordinance at 828 E. 3"' St. (25-22-132-017), be granted. Motion adopted fails 3 - 5. Yes: Mr. Klatt, Ms. George, Mr. Moore No: Mr. Gavin, Chairperson Offak, Mr. Reddy, Ms . Robinson, Ms. Zukin Moved by: Mr. Gavin Supported by: Mr. Klatt Moved that the appeal of Jason M Shoemaker, petitioner & owner, for the followi ng 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 S. Alexander Ave . to allow a 6 ft. sight obscuring wood fence within a front yard setback as defined in the Zoning Ordinance at 828 E. 3'" St. (25-22-132-017), be postponed. Motion adopted 7 - 1 (Ms. Zukin). Other Business None. General Public Comment None. Adjournment Moved by: Mr. Gavin Supported by: Ms. George Moved, that the meeting adjourned at 7:35 p.m. Page 3 of 4  Zoning Board of Appeals May 12, 2022 Motion adopted unanimously. Page 4 of4