Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Regular Meeting Thursday, January 12, 2023 7:00 P.M. Present Absent Samantha Grant Trevis Moore Jeff Klatt Anthony Offak, Chairperson Arvind Reddy Deborah Zukin Nancy Robinson Robert Gavin, Vice Chairperson Aaron Kurilik Joseph M. Murphy, Director of Planning Alexander J. Bahorski, Planner II Ryan Kaluzny, Assistant City Attorney Agenda A. Call to Order & Roll Call B. Approval of Minutes for December 8, 2022 C. Old I Unfinished Business D. New Business 1. Case No. 23-01-01 - public hearing on the appeal of Jeffrey Quesnelle, petitioner & owner, for the following variance: a. Waive 706 sq. ft. of the maximum permitted usable floor area of 3,500 sq. ft. for a single-family dwelling to permit construction of a new single-family dwelling at 4135 Sheffield Rd. (25-06· 308-004). 2. Case No. 23-01-02 - public hearing on the appeal of Brad Baker, petitioner & owner, for the following variance: a. Waive 1.3 ft. of the minimum required 15 ft. combined side yard setback to permit a land division to create two individual single-family home sites at 2321 N Vermont Ave. (25-10-430-001). E. Other Business 1. 2022 Annual Report 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 Page 1 of 4  Zoning Board of Appeals January 12, 2023 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 Samantha Grant Trevis Moore Jeff Klatt Anthony Offak, Chairperson Arvind Reddy Deborah Zukin Nancy Robinson Robert Gavin, Vice Chairperson Aaron Kurilik Approval of Minutes for December 8, 2022 Moved by: Mr. Reddy Supported by: Mr. Klatt Moved, that the minutes of the December 8, 2022, regular meeting be approved as presented. Motion adopted unanimously. Unfinished Business None. New Business 1. Case No. 23-01-01 - 4135 Sheffield Rd. (25-06-308-004) Moved by: Mr. Klatt Supported by: Mr. Gavin Moved, that the appeal of Jeffrey Quesnelle, petitioner & owner, for the following variance: (a) Waive 706 sq. ft. of the maximum permitted usable floor area of 3,500 sq. ft. for a single- family dwelling to permit construction of a new single-family dwelling at 4135 Sheffield Rd. (25-06-308-004), be granted. Motion adopted unanimously. Granting the non-use 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. Page 2 014  Zoning Board of Appeals January 12, 2023 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 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 circumstances or conditions of the property that requires granting the variance. 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. 23-01-02 - 2321 N Vermont Ave. (25-10-430-001) Moved by: Mr. Reddy Supported by: Mr. Gavin Moved, that the appeal of Brad Baker, petitioner & owner, for the following variance: (a) Waive 1.3 ft. of the minimum required 15 ft. combined side yard setback to permit a land division to create two individual single-family home sites at 2321 N Vermont Ave. (25-10-430-001), be granted. Motion adopted 6-3 (Mr. Kurilik, Mr. Moore, & Chairperson Offak). Granting the non-use 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 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 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 circumstances or conditions of the property that requires granting the variance. 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. Page 3 of4  Zoning Board of Appeals January 12, 2023 Other Business 1. 2022 Annual Report No action required. No action taken . Public Comment None. Adjournment Moved by: Mr. Reddy Supported by: Mr. Gavin Moved, that the meeting adjourned at 7:46 p.m. Motion adopted unanimously. Page 4 of4