Zoning Board of Appeals (ZBA)

ROYAL OAK ZONING BOARD OF APPEALS CITY OF ROYAL OAK, MICHIGAN Regular Meeting Thursday, February 9, 2023 7:00 P.M. Present Absent Samantha Grant Joff Klatt Anthony Offak, Chairperson Trevis Moore Arvind Reddy Deborah Zukin Nancy Robinson Robert Gavin, Vice Chairperson Aaron Kurilik Joseph M. Murphy, Director of Planning Alexander J. Bahorski, Planner Il Ryan Kaluzny, Assistant City Attorney Susan Barkman, Assistant to the City Manager Agenda > Call to Order & Roll Call m Approval of Minutes for January 12, 2023 o Old / Unfinished Business S New Business T 1. Case No. 23-02-03 - public hearing on the appeal of Charles & Gaetane Watson, petitioners & owners, for the following variance: (a) Waive 9.3 ft. of the minimum required 35 ft. south rear yard setback to permit construction of a rear yard addition to an existing single-family dwelling at 3304 Vinsetta Blvd. (25-09-428-030). 2. Case No. 23-02-04 - public hearing on the appeal of Ben Schomer, petitioner & owner, for the following variance: (a) Waive 2,021 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 with an attached garage / accessory structure at 614 Irving Ave. (25-22-181-020). 3. Case No. 23-02-05 - public hearing on the appeal of P. Mark Accettura, petitioner & owner, for the following variances: (a) Alter / expand a nonconforming structure {b) Waive 0.6 ft. of the minimum required 5 ft. south side yard setback {c) Waive 7.3 ft. of the minimum required 35.1 ft. east front yard setback {d) Waive 7 ft. of the minimum required 30.3 ft. north front yard setback {e) Waive 2.3% of the maximum allowable total lot coverage of 30% to permit construction of an east front yard addition to an existing single-family dwelling at 1629 N Washington Ave. (25-16-229-014). Page 10of 5 !  Zoning Board of Appeals February 9, 2023 E. Other Business 1. Election of Officers 2. Boards and Commissions Review Discussion F. General Public Comment G. Adjournment 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 would resuit. He stated the board will vote on each agenda item following a public hearing. Use variance requests require a minimum of 6 affirmative vates 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 Jeff Klatt Anthony Offak, Chairperson Trevis Moore Arvind Reddy Deborah Zukin Nancy Robinson Robert Gavin, Vice Chairperson Aaron Kurilik Approval of Minutes for January 12, 2023 Moved by: Ms. Zukin Supported by: Mr. Reddy Moved, that the minutes of the January 12, 2023, regular meeting be approved as presented. Motion adopted unanimously. Unfinished Business None. New Business 1. Case No. 23-02-03 - 3304 Vinsstta Blvd. (25-09-428-030) Moved by: Mr. Gavin Supported by: Mr. Reddy Page 2 of 5  Zoning Board of Appeals February 9, 2023 Moved, that the appeal of Charles & Gaetane Watson, petitioners & owners, for the following variance: (a) Waive 9.3 ft. of the minimum required 35 ft. south rear yard setback to permit construction of a rear yard addition to an existing single-family dwelling at 3304 Vinsetta Blvd. (25-09-428-030), 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. 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 io 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. Case No. 23-02-04 — 614 Irving Ave. (25-22-181-020) Moved by: Mr. Gavin Supported by: Ms. Grant Moved, that the appeal of Ben Schomer, petitioner & owner, for the following variance: (a) Waive 2,021 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 with an attached garage / accessory structure at 614 Irving Ave. (25-22-181-020), be postponed. Motion adopted unanimously. Case No. 23-02-05 - 1629 N Washington Ave. (25-16-229-014) Mr. Gavin reclused himself due to his firm's refationship with the petitioner. Moved by: Mr. Reddy Supported by: Ms. Grant Moved, that the appeal of P. Mark Accettura, petitioner & owner, for the following variances: (a) Alter/ expand a nanconforming structure (b) Waive 0.6 ft. of the minimum required 5 ft. south side yard setback (c) Waive 7.3 ft. of the minimum required 35.1 ft. east front yard setback (d) Waive 7ft. of the minimum required 30.3 ft. north front yard setback (e) Waive 2.3% of the maximum allowable total lot coverage of 30% Page 3 0f 5  Zoning Board of Appeals February 9, 2023 to permit construction of an east front yard addition to an existing single-family dwelling at 1629 N Washington Ave. (25-16-229-014), be postponed. Motion adopted unanimously. Mr. Gavin returned to the City Commission Chambers. Other Business 1. Election of Officers Moved by: Mr. Gavin Supported by: Ms. Robinson To re-elect Chairperson Offak as Chairperson. Motion adopted unanimously. Moved by: Ms. Zukin Supported by: Mr. Reddy To re-elect Mr. Gavin as Vice Chairperson. Motion adopted unanimously. Boards and Commissions Review Discussion Ms. Barkman solicited comments from the Board members regarding their experiences while serving on the Zoning Board of Appeals. The members of the Board provided feedback regarding their experiences. Mr. Murphy informed the Board of upcoming training opportunities offered through the Michigan Association of Planning as well as the ongoing master plan process and associated participation opportunities. Public Comment None. Adjournment Moved by: Mr. Gavin Supported by: Mr. Reddy Moved, that the meeting adjourned at 8:08 p.m. Motion adopted unanimously. Page 4 0f 5  Zoning Board of Appeals February 9, 2023 T~ Anthony airperson M efy Josaph. Murphy, Director of Plannin Page 5 of 5