Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Regular Meeting Thursday, September 8, 2022 7:00 P.M. Royal Oak City Hall 203 S. Troy SI. City Commission Chambers, Room 121 Royal Oak MI 48067 Present Absent Samatha Grant Robert Gavin, Vice Chairperson Jeff Klatt T revis Moore Anthony Offak, Chairperson Arvind Reddy Nancy Robinson Deborah Zukin Joseph M: Murphy, Director of Planning Alexander J. Bahorski, City Planner II Ryan Kaluzny, Assistant City Attorney Agenda A. Call to Order & Roll Call B. Approval of Minutes for August 11, 2022 C. Old I Unfinished Business D. New Business 1. Case No. 22-09-27 - public hearing on the appeal of Oakland Community College, petitioner & owner, for the following variance: (a) waive 6 ft. of the maximum allowable driveway width of 30 ft. to permit construction of an addition to a community college for a culinary arts institute including a restaurant with alcoholic beverage service and an outdoor seating area at 700 S. Main SI. (25-21- 287-006). 2. Case No. 22-09-28 - public hearing on the appeal of Galyna and Ihor Shubelyak, petitioners & owners, for the following variance: (a) waive 14.1 % of the maximum allowable 50% that an attached garage I accessory structure may be of the total width of the principal building's primary fa9ade to permit construction of a W-/o-family dwelling with front entry attached garages at 2501 N. Campbell Rd. (25-10-429-036). 3. Case No. 22-09-29 - public hearing on the appeal of Savanah Management LLC, petitioner & The Palms Motel, owner, for the following variances: (a) use variance (b) waive 22 of the minimum required 40 off-street parking spaces (c) waive 5 sq. ft. of the minimum required 250 sq. ft. of living space for an efficiency dwelling unit (d) waive 5.5 ft. of the minimum required width of 20 ft. for a W-/o-way drive I maneuvering aisle to allow an encroachment at seven (7) feet in height Page 10r5  Zoning Board of Appeals September 8, 2022 (e) waive 1 ft. of the minimum required width of 20 ft. for a two-way drive I maneuvering aisle to allow an encroachment at seven (7) feet in height to convert a motel into a 20 unit multiple-family apartment building at 29806 Woodward Ave. (25- 08-326-010). E. other Business F. General Public Comment G. Adjournment 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 Samatha Grant Robert Gavin, Vice Chairperson Jeff Klatt Trevis Moore Anthony Offak, Chairperson Arvind Reddy Nancy Robinson Deborah Zukin Approval of Minutes for August 11, 2022 Moved by: Mr. Reddy Supported by: Mr. Klatt Moved, that the minutes of the August 11, 2022, regular meeting be approved as presented. Motion adopted unanimously. Unfinished Business None. New Business 1, Case No. 22-09-27 -700 S. Main SI. (25-21-287-006) Moved by: Mr. Klatt Page 2 of 5  Zoning Board of Appeals September 8, 2022 Supported by: Mr. Moore Moved that the appeal of Oakland Community College, petitioner & owner, for the following variance: (a) waive 6 ft. of the maximum allowable driveway width of 30 ft. to permit construction of an addition to a community college for a culinary arts institute including a restaurant with alcoholic beverage service and an outdoor seating area at 700 S. Main St. (25-21- 287-006), be approved. 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. 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. 22-09-28 - 2501 N. Campbell Rd. (25-10-429-036) Moved by: Mr. Klatt. Supported by: Mr. Reddy. Moved that the appeal of Galyna and Ihor Shubelyak, petitioners & owners, for the following variance: (a) waive 14.1% of the maximum allowable 50% that an attached garage / accessory structure may be of the total width of the principal building's primary fa9ade to permit construction of a two-family dwelling with front entry attached garages at 2501 N. Campbell Rd. (25-10-429-036), be approved. 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 Page 3 of 5  Zoning Board of Appeals September 8, 2022 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. 22-09-29 - 29806 Woodward Ave. (25-08-326-010) Moved by: Mr. Moore. Supported by: Mr. Klatt Moved that the appeal of Savanah Management LLC, petitioner & The Palms Motel, owner, for the following variance: (a) use variance to convert a motel into a 20 unit multiple-family apartment building at 29806 Woodward Ave. (25- 08-326-010), be approved. Motion fails (5-2). Yes: Mr. Klatt, Mr. Reddy, Mr. Moore, Chairperson Offak, Ms. Grant No: Ms. Zukin, Ms. Robinson Moved by: Ms. Zukin Supported by: Ms. Robinson Moved that the appeal of Savanah Management LLC, petitioner & The Palms Motel, owner, for the following variance: (a) use variance to convert a motel into a 20 unit multiple-family apartment building at 29806 Woodward Ave. (25- 08-326-010), be denied. Motion fails (2-5). Yes: Ms. Zukin, Ms. Robinson No: Mr. Klatt, Mr. Reddy, Mr. Moore, Chairperson Offak, Ms. Grant Use variance requests require 6 affirmative votes for approval. The petitioner failed to obtain the minimum number of affirmative votes to approve the variance request. The petitioner withdrew the following variance requests: (b) waive 22 of the minimum required 40 off-street parking spaces (c) waive 5 sq. ft. of the minimum required 250 sq. ft. of living space for an efficiency dwelling unit (d) waive 5.5 ft. of the minimum required width of 20 ft. for a two-way drive / maneuvering aisle to allow an encroachment at seven (7) feet in height (e) waive 1 ft. of the minimum required width of 20 ft. for a two-way drive / maneuvering aisle to allow an encroachment at seven (7) feet in height Page 4 of 5  Zoning Board of Appeals September 8, 2022 Other Business None. General Public Comment None. Adjournment Moved by: Mr. Reddy Supported by: Mr. Moore Moved, that the meeting adjourned a18:58 p.m. Motion adopted unanimously. Page 5 of 5