Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Regular Meeting Thursday, December 8, 2022 7:00 P.M. Present Absent Samantha Grant Nancy Robinson Trevis Moore Jeff Klatt Anthony Offak, Chairperson Arvind Reddy Deborah Zukin Robert Gavin, Vice Chairperson Aaron Kurilik Alexander J. Bahorski, Planner II Ryan Kaluzny, Assistant City Attorney Agenda A. Call to Order & Roll Call B. Approval of Minutes for October 13, 2022 C. Old I Unfinished Business D. New Business 1. Case No. 22-12-34 - public hearing on the appeal of 4th Street Tattoo Company LLC, petitioner & Washington Square Plaza, LLC, owner, for the following variances: a. Use variance b. Waive 925 ft. of the minimum required 1,000 ft. distance from an existing regulated use c. Waive 735 ft. of the minimum required 1,000 ft. distance from a school, library, park, playground, licensed day care, or religious institution to permit the establishment of a tattoo studio, which is defined as an adult-oriented business at 314 W 4th SI. (25-21-227-006). 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. Page 1 013  Zoning Board of Appeals December 8, 2022 Roll Call Present Absent Samantha Grant Nancy Robinson Trevis Moore Jeff Klatt Anthony Offak, Chairperson Arvind Reddy Deborah Zukin Robert Gavin, Vice Chairperson Aaron. Kurilik Approval of Minutes for October 13, 2022 Moved by: Ms. Zukin Supported by: Mr. Klatt Moved, that the minutes of the October 13, 2022, regular meeting be approved as presented. Motion adopted unanimously. Unfinished Business None. New Business 1. Case No. 22-12-34 - 314 W 4th St. (25-21-227-006) Moved by: Mr. Gavin Supported by: Mr. Moore Moved, that the appeal of 4th Street Tattoo Company LLC, petitioner & Washington Square Plaza, LLC, owner, for the following variances: (a) Use variance (b) Waive 925 ft. of the minimum required 1,000 ft. distance from an existing regulated use (c) Waive 735 ft. of the minimum required 1,000 ft. distance from a school, library, park, playground, licensed day care, or religious institution to permit the establishment of a tattoo studio, which is defined as an adult-oriented business at 314 W 4th St. (25-21-227-006), be granted. Motion adopted unanimously. Granting the use variance is based upon the following: 1. The property cannot be reasonably used for the purposes permitted in the Central Business District zoning district. Strict compliance with the zoning ordinance provisions would prevent the property owner from use and enjoyment of the property and would render conformity with such provisions unnecessarily burdensome. 2. The appeal results from unique circumstances peculiar to the property and not the general conditions of the surrounding area. Further, the requested use would not alter the essential character of the area. Page 2 of 3  Zoning Board of Appeals December 8, 2022 3. The alleged hardship has not been created by the petitioner and/or property owner. There are circumstances or conditions inherently unique to the property. 4. The requested use is a substantial property right possessed by other property owners in the Central Business District zoning district. Granting the non-use vari ances is based upon the following: 1. Stri ct 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 vari ance will do substantial ju stice to the petitioner and will not prove detrimental to other property owners in the area, and is the least reli ef required in order to afford substantial justice to the petitioner or be more consistent wi th justice to nearby property owners. 3. There are circumstances or conditions inherently unique to the property that necess itates 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 circum stances or conditions of the property that requires granting the varian ce. It is further the finding of the board that the spirit of the zoning ordinance wi ll be observed, public safety secured , and substantial justice rendered by granting the variance. Other Business None. Public Comment None. Adjournment Moved by: Mr. Kurilik Supported by: Mr. Redd y Moved, that the meeting adjourned at 7:25 p.m . Motion adopted unanimously. Page 3 of 3