Berkley Zoning Board denies Phillips Avenue lot-split variance 6-1

BERKLEY — August 15, 2023 — Berkley Zoning Board of Appeals denied a two-foot side-yard setback variance that would have enabled a lot split at 3690 Phillips Avenue, voting 6-1 at its August 15 meeting. Petitioner Inder Thawani sought to divide the original 80-by-110-foot parcel — platted in 1928 — into two 40-by-110-foot lots, but the proposed split would have left the existing structure with only a three-foot south side setback against the ordinance's five-foot minimum. Board members found that four of the five required variance criteria could arguably be met, but that the need for the variance was "self-created" by Thawani's decision to split the lot, not a preexisting condition of the land. A motion to approve failed for lack of a second; a subsequent motion to deny carried 6-1, with member Carol casting the lone dissenting vote. Three residents — including Chance Lee of 3675 Royal Avenue and the authors of a written letter from 3713 Oakshire Avenue — formally opposed the request, while Thawani, who said he has invested close to $100,000 renovating the existing home, argued the vacant lot would otherwise "stay there regardless."