Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Regular Meeting Thursday, June 9, 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 May 12, 2022 C. Old I Unfinished Business 1. 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 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,d St. (25-22-132-017). D. New Business 1. Case No. 22-06-17 - public hearing on the appeal of Annette's Management LLC , petitioner & owner, for the following variances: (a) waive 132 ft. of the minimum required 150 ft. distance from a residential zone (b) waive 593 ft. of the minimum required 1,000 ft. distance from a school, library, park, playground, licensed day care, or religious institution to permit microblading/tattooing services, which is defined as an adult-oriented commercial enterprise, as an ancillary use to an existing hair salon at 31308 Woodward Ave. (25-06-432- 021 ). 2. Case No. 22-06-18 - public hearing on the appeal of Christopher Saunders, petitioner & owner, for the following variances: (a) waive 240 sq. ft. of the minimum required 6,000 sq. ft. lot area for the proposed corner lot, Parcel "8" (b) waive 12 ft. of the minimum required 60 ft. lot width for the proposed corner lot, Parcel "8" (c) waive 2.2 ft. of the minimum required 5 ft. east side setback for an elevated deck to permit a land division and create a vacant, single-family home site at 613 E. 12 Mile Rd. (25- 10-379-030). 3. Case No. 22-06-19 - public hearing on the appeal of Emily Scholler & Daniel Kwolek, petitioners & owners, for the following variances: (a) waive 616 sq. ft. of the maximum allowable garage I accessory ground floor area of 800 sq. ft. (b) waive 2.5 ft. of the maximum allowable height of 15 ft. for the garage I accessory structure to expand an existing attached garage I accessory structure at 313 Woodside Rd. (25-10-153- 052). E. Other Business F. General Public Comment G. Adjournment Page 1 of 5  Zoning Board of Appeals June 9, 2022 Call to Order The regular meeting was called to order at 7:02 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 wou ld result. He stated the board will vote on each agenda item following a public hearing. Use vari ance 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 Samantha Grant Maggie George Deborah Zukin Jeff Klatt T revis Moore Anthony Offak, Chairperson Arvind Reddy Nancy Robinson Approval of Minutes for May 12, 2022 Moved by: Mr. Moore Supported by: Mr. Reddy Moved, that the minutes of the May 12, 2022 regular meeting be approved as presented. Motion adopted unanimously. Unfinished Business 1. Case No. F-22-05-01 - 828 E. 3,d 51. (25-22-132-017) Moved by: Mr. Klatt Supported by: Mr. Moore 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 wi thin a front yard setback as defined in the Zoning Ordinance at 828 E. 3"' St. (25-22-132-017) be granted. Motion fails (3 - 4). Yes: Ms. George, Mr. Klatt, Mr. Moore No: Mr. Gavin, Chairperson Offak, Mr. Reddy, Ms. Robinson Moved by: Mr. Gavin Page 2 of 5  Zoning Board of Appeals June 9, 2022 Supported by: Mr. Reddy 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 within a front yard setback as defined in the Zoning Ordinance at 828 E. 3,d St. (25-22-132-017) be denied. Motion adopted (4 - 3). Denying the variance is based upon the following: 1. The petitioner has not demonstrated that practical difficulties exist in strict compliance with the Fence Ordinance provisions. 2. Granting the variance will not do substantial justice to the petitioner and will prove detrimental to other property owners in the area. 3. Denying the variance is done in light of public health, safety, and welfare concerns. New Business 1. Case No. 22-06-17 - 31308 Woodward Ave. (25-06-432-021) Moved by: Mr. Gavin Supported by: Ms. George Moved that the appeal of Annette's Management LLC, petitioner & owner, for the following variances: (a) waive 132 ft. of the minimum required 150 ft. distance from a residential zone (b) waive 593 ft. of the minimum required 1,000 ft. distance from a school, library, park, playground, licensed day care, or religious institution to permit microblading/tattooing services, which is defined as an adult-oriented commercial enterprise, as an ancillary use to an existing hair salon at 31308 Woodward Ave. (25-06-432- 021), 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. Page 3 of 5  Zoning Board of Appeals June 9, 2022 4. There is evidence of practical difficulty that has not been created by the petitioner andlor property owner but instead results from the inherently unique circum stances 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 s. 2. Case No. 22-06-18 - 613 E. 12 Mile Rd. (25-10-379-030) Moved by: Mr. Gavin Supported by: Mr. Klatt Moved that the appeal of Christopher Saunders , petitioner & owner, for the following variances: (a) waive 240 sq. ft. of the minimum required 6,000 sq. ft. lot area for the proposed corner lot, Parcel "8" (b) waive 12 ft. of the minimum required 60 ft. lot width for the proposed corner lot, Parcel "8" (c) waive 2.2 ft. of the minimum required 5 ft. east side yard setback for an elevated deck to permit a land division and create a vacant, single-family home site at 613 E. 12 Mile Rd . (25- 10-379-030), be granted. Motion adopted 5 - 2 (Chairperson Offak, Ms. 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 not 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 andl or property owner but instead results from the inherently unique circumstances or conditions of the property that requires granting the variances. 5. The proposed lot is consistent with the width , size and general character of the lots in the neighborhood. Further, the proposed lot size is in character with the neighborhood. 3. Case No. 22-06-19 - 313 Woodside Rd. (25-10-153-052) Me. Klatt recused himself due to his firm's relationship with the petitioner's request. He left the commission chambers. Moved by: Mr. Moore Supported by: Mr. Gavin Moved that the appeal of Emily Scholler & Daniel Kwolek, petitioners & owners, for the following variances: (a) waive 616 sq. ft. of the maximum allowable garage I accessory structure ground floor area of 800 sq. ft. (b) waive 2.5 ft. of the maximum allowable height of 15 ft. for the garage I accessory structure Page 4 of 5  Zoning Board of Appeals June 9, 2022 to expand an existing attached garage / accessory structure at 313 Woodside Rd . (25-10-1 53- 052), 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 Mr. Klatt returned to the commission chambers. None. General Public Comment None. Adjournment Moved by: Mr. Reddy Supported by: Mr. Gavin Moved , that the meeting adjourned at 8:05 p.m . Motion adopted unanimously. Page 5 of 5