Zoning Board of Appeals

STERLING HEIGHTS ZONING BOARD OF APPEALS REGULAR MEETING CITY HALL FEBRUARY 27, 2014 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI. SUBJECT: Minutes of the Regular Meeting of the Zoning Board of Appeals held February 27, 2014. Chairwoman Szpont called the meeting to order at 7:00 p.m. Members present at roll call: Derek D’Angelo, David Graef, Bruce Kremhelmer, Stefano Militello, Nick Najjar, Laura Szpont. Members absent at roll call: Ray Washburn (excused) Also in attendance: Don Mende, City Planner Clark Andrews, City Attorney Tina Viazanko, Recording Secretary APPROVAL OF AGENDA Moved by Kremhelmer, supported by Najjar, to approve the agenda. Ayes: Kremhelmer, Najjar, D’Angelo, Graef, Militello, Szpont. Nays: None. Absent: Washburn. Motion carried. CORRESPONDENCE There was no correspondence. PBZA14-0009 FRIENDLY OUTDOOR STORAGE VARIANCE REQUESTED: To amend previous conditions of approval for Case BZ10-005 (regarding passenger vehicle storage and repair). GENERAL LOCATION: Northeast side of Maple Lane Road between 14 Mile Road and Volpe Drive in Section 35. The petitioner, Allan Casemere, 33400 Maple Lane, Sterling Heights, was present. Mr. Casemere stated they would like to amend their petition to not include any vehicle repair of any sort. Mr. William Adreno from Vascor, Ltd. was also present, and confirmed there will not be any sort of repairs. They are requesting to amend the previous conditions for passenger vehicle storage on the property. This is a request made by Friendly Outdoor Storage property owner and Vascor Ltd as a tenant. Vascor is in its 25th year in business. It is the leader of supply chain logistics for Chrysler. Their petition tonight complies with all the requirements of the criteria for the Board to consider this matter. Mr. Casemere displayed some aerial photos of the property. There is only one ingress and egress into the property. The property is surrounded by the Red Run River to the east. To the north there are residents. Before the residents there is a 340 foot of wooded area that Mr. Casemere will maintain and not have any development. They made that commitment in their original presentation for RV storage to the Board. There will be no right hand turn exiting the facility and going north on Maple Lane Drive. All vehicular traffic will come from 14 Mile northbound on Maple Lane. The hours of operation will be until 12 midnight. In addition to that, Vascor will be furnishing three security guards 24/7 on the premises. Also, they have digital camera video security and they will be erecting concrete barriers to segregate the RV storage and the Vascor area. It will be a 70/30 split between the auto carriers and the cars being driven to the facility (30% will come from carriers). Under the asphalt millings in the parking lot, there is geo Zoning Board of Appeals Minutes Regular Meeting of February 27, 2014 Page 2 turf so you do not get potholes or dust. There is an automated gate entry with codes. The property is surrounded by an 8 foot fence so you can’t see through it. They have had no violations from the City. Mr. D’Angelo asked where the dropping off of vehicles will occur. Mr. Casemere stated the farthest south end of the property. Mr. D’Angelo addressed the sound of loading and unloading the cars off the carriers. Mr. Adreno stated the loudest sound will be the trucks idling. They are very quiet. They don’t use chains anymore to load the cars and the hydraulics are not loud. All trucks have new hydraulics and they do not beep. A truck should never go in reverse. Mr. D’Angelo asked how many cars will be stored there at one time. Mr. Adreno stated 1,500-2,000 vehicles. 70% will be driven by his company and the other 30% will be by carriers. They will probably move 500 a day until it is full. After that it will be 250 cars a day. Mr. D’Angelo asked why they are requesting to be open till midnight. Mr. Adreno stated for dispatch services, but he can amend this if needed. The assembly plant and the carriers are 24 hour operations. If that is an issue, they can change it. They do have a facility on 8 Mile and Mound and they are only able to load until midnight there. Mr. D’Angelo stated he wants to balance the residents’ needs. He wants to make sure there is a plan for the residents’ concerns. Mr. Kremhelmer stated the plant runs two shifts so Vascor is basically taking the cars from the second shift and transporting them as soon as possible. He asked if there is still storage at the plant. Mr. Adreno stated due to the paint and body shop it has reduced his storage from 7,000 to 2,500 storage base so that is why they are looking for other facilities. Mr. Kremhelmer stated this is strictly going to be a storage yard. Mr. Adreno stated any repairs to the vehicles will be done at the assembly plant. Mr. Kremhelmer stated Vascor has a contract with Chrysler. Vascor is the releasing agent. Mr. Kremhelmer asked if they are anticipating putting any other Chrysler vehicles in there other than the ones built at SHAP. Mr. Adreno stated right now there are no plans for that but he can’t predict what Chrysler wants in the future. If Chrysler wants to put a truck in there later, they will put it in there. Mr. Kremhelmer asked if Vascor owns any property. Mr. Adreno stated they own property in Ohio, Kentucky and Canada but nothing in Michigan. Mr. Kremhelmer asked if there will be a new company for this. Mr. Casemere stated it is all under Friendly Outdoor Storage. Mr. Kremhelmer asked if the driveway can carry the weight of the trucks coming in. Mr. Casemere stated absolutely. When they built the facility they put in 10 inches of concrete. It is more than ample to handle any load. Mr. Kremhelmer asked how many spaces are currently rented as RV storage. Mr. Casemere stated 15%. Mr. Kremhelmer asked what percentage will be RV storage and what percentage will be Chrysler storage. Mr. Casemere stated they are going to maintain 502 spaces for RV storage. Zoning Board of Appeals Minutes Regular Meeting of February 27, 2014 Page 3 Mr. Kremhelmer stated so 2/3 will be Chrysler storage and 1/3 will be RV storage. Mr. Casemere stated that is correct. Mr. Kremhelmer stated he has a couple concerns. In a few years someone offers the petitioner money and they sell it to Chrysler, then it becomes Chrysler storage and not RV storage. Also, the berm to the north of the property, that property can be developed. Mr. Casemere stated that property can’t be developed. It is part of the landfill area. They have done the environmental testing. They also did the DEQ study. Mr. Kremhelmer asked if they are anticipating any problems making that turn into the property. Mr. Adreno stated they already mapped it out and there will be no issues. Mr. Kremhelmer asked Mr. Casemere what has changed his mind to go this route other than money. Mr. Casemere stated this is a request from a major national company. They currently have storage in Detroit but Sterling Heights would be safer and it would be a great fit with Vascor and Friendly Outdoor Storage. Mr. Kremhelmer asked if they deny this, what would Vascor do. Mr. Adreno stated they have a facility in Detroit, but cars have been stolen from there so that is why they are looking at another facility. Ms. Szpont asked how the car haulers will bring the cars in and out. Mr. Adreno showed the Board using the aerial photos how this will be done. Ms. Szpont asked how many cars will be coming in per hour. Mr. Adreno stated probably 24 vehicles per hour. Ms. Szpont stated there is no intention for them to do overflow parking in the 502 RV spots. Mr. Casemere stated they will not do that. Ms. Szpont stated they will need 5 out of the 6 votes tonight. Chairwoman Szpont opened the public hearing. Bob Shanahan of 12102 Volpe Drive was present. He has had personal meetings with Mr. Casemere. The RV Park was built on a toxic land site. What are behind their homes are methane pipes now. The petitioner has cut down all the trees for the RV Park and it has disturbed all the wildlife in that area. He opposes approving this. Jeff Koza of 34140 Maple Lane was present. He has concerns about the traffic. Next year will we be back to car repair. He hopes the Board will really give this some concern. He opposes approving this. Diane Wills of 34191 Maple Lane was present. What use to look beautiful now will have RV and car storage. She opposes approving this. Mr. Sigmunt John Szczepkowski, Jr. of 33204 Maple Lane was present. He has no objection to this request. Pete Rospino of 12125 Volpe Drive was present. He has lived there for 30 years. The property can’t be used for residential. The DEQ classifies this area as a toxic site. The valuation of the property has decreased. There will be more noise. He opposes approving this. David Gantt of 12150 Volpe Drive was present. He questioned what the methane issues are now. He wanted to know how big the car haulers will be. He opposes approving this Zoning Board of Appeals Minutes Regular Meeting of February 27, 2014 Page 4 Pat Hayes of 12138 Volpe Drive was present. There was a lot of noise when they were building Friendly Outdoor Storage. She opposes approving this. Ms. Szpont asked how many car haulers will be coming per day. Mr. Adreno stated it will be dictated on Chrysler business. It can be from 0 to 5. They will have 9 cars per hauler. Mr. Casemere stated there will be no construction so there will be no dust. There will be no vehicular traffic going north on Maple Lane. Mr. Kremhelmer asked why the trees were removed on Maple Lane. Mr. Casemere stated it was for the environmental testing for the property. Mr. Kremhelmer asked if it is his intent to put multiple family dwellings on Maple Lane on the front of his property. Mr. Casemere stated yes on the west side of the property, which it is properly zoned for. Mr. Kremhelmer stated the residents will move in this multiple family dwelling and there will be cars going in and out. Mr. Casemere stated it is rental apartments and they are doing their due diligence now to go through the process and the property is properly zoned. Mr. Kremhelmer asked Mr. Mende if it would be permissible to get a no left turn heading southbound on Maple Lane. Mr. Mende stated that would require a review by the City Council for a traffic control order and they would have to commission the police department traffic division to conduct a study to determine if that would be warranted. Motion by Militello, supported by Najjar, In the case of PZBA14-0009, Friendly Outdoor Storage, 33400 Maple Lane Road, I move to APPROVE amending the previous conditions of approval for case BZ10-005, in order to permit parking of passenger vehicles with minor repairs, subject to the following conditions: 1) That the decision of the Board will remain valid and in force as long as the facts and information presented to the Board in Public Hearing are found to be correct, and that the conditions upon which the motion is based are forever maintained as presented to the Board. The petitioner agrees to abide by and comply with all the ordinances of the City of Sterling Heights and the regulations of every lawful agency or governing authority now or hereafter in force. 2) Notice of the approval of the variance shall be delivered to the City Clerk’s office within 60 days after the approval date of the applicable meeting minutes for recording with the Macomb County Register of Deeds. Failure to file this notice shall serve as grounds to revoke the variance. 3) A Hold Harmless Agreement, in favor of the City of Sterling Heights, shall be delivered to the City Clerk’s office within 60 days after the approval date of the applicable meeting minutes for recording with the Macomb County Register of Deeds. Failure to file this agreement shall serve as grounds to revoke the variance. 4) That the petitioner complies with specific conditions 1-7 as noted above in staff report. 5) The hours of operation for the storage of passenger vehicle shall be 7:00 a.m. to 7:00 p.m. Mr. Mende asked Mr. Militello if he will amend his motion because item number 7 regarding repair was withdrawn by the petitioner. Mr. Militello amended his motion to have item 4 read: That the petitioner complies with specific conditions 1-6 as noted above in staff report. Mr. Militello read these conditions to the petitioner. Zoning Board of Appeals Minutes Regular Meeting of February 27, 2014 Page 5 Ms. Szpont asked Mr. Militello and Mr. Najjar to add that 502 spots will be designated for the RV and cannot be used for vehicle storage. Mr. Militello amended his motion for this and to have 3 security officers 24/7 and Mr. Najjar amended his support. Ayes: Militello, Najjar, D’Angelo, Graef, Szpont. Nays: Kremhelmer. Absent: Washburn. Motion Carried. PZBA14-0010 – PAUL ANKLAM Requesting Board approval for a Use Variance to permit a residential use in an M-1 (Light Industrial) zone. Property Address: 6589 Cotter Avenue Phil Ruggeri was present and was representing the petitioner, Paul Anklam. Mr. Ruggeri’s address is 43231 Schoenherr, Sterling Heights. He was there with his client, Paul Anklam, Promo Landscaping Company. Mr. Ruggeri has known Mr. Anklam for several years. He has done the landscaping and snow plowing for some of Mr. Ruggeri’s properties. Mr. Anklam is a resident of Sterling Heights. He currently has property in Shelby and he is looking to acquire the property on Cotter Road. He is looking to have another station for his business. He ran into a dilemma to get the bank and insurance company to allow the proper financing to buy this property. It is currently a non- conforming use in an industrial sector. It is a residential home that sits on property surrounding industrial property. They are asking for a Use variance for him to continue that in the event there is an involuntary destruction of the property he can reconstruct it the way it is. If there is voluntary destruction, then the Use variance will terminate. Without the Use variance he cannot buy the property. The owner really can’t sell it. It is not marketable. Mr. Kremhelmer asked if Mr. Ruggeri could expand on this property about its unique situation. It does seem to warrant that the property is unique and they have very few in Sterling Heights. Mr. Ruggeri displayed the property and showed how the house and garage is surrounded by an industrial development. As the years have gone on the property has been zoned industrial. Trying to sell this property is not marketable unless you can get insurance and a mortgage on the property. Mr. Kremhelmer stated the property is unique due to its location and the circumstances in the area. Mr. Najjar stated he had a similar situation in Madison Heights and they received approval from Madison Heights. Chairwoman Szpont opened the public hearing. There was no audience participation. Motion by Mr. Kremhelmer, support by Mr. Militello, In the case of PZBA14-0010, Paul Anklam, 6589 Cotter Ave, I move to APPROVE a Use Variance subject to the following conditions: 1) That the decision of the Board will remain valid and in force as long as the facts and information presented to the Board in Public Hearing are found to be correct, and that the conditions upon which the motion is based are forever maintained as presented to the Board. The petitioner agrees to abide by and comply with all the ordinances of the City of Sterling Zoning Board of Appeals Minutes Regular Meeting of February 27, 2014 Page 6 Heights and the regulations of every lawful agency or governing authority now or hereafter in force. 2) Notice of the approval of the variance shall be delivered to the City Clerk’s office within 60 days after the approval date of the applicable meeting minutes for recording with the Macomb County Register of Deeds. Failure to file this notice shall serve as grounds to revoke the variance. 3) A Hold Harmless Agreement, in favor of the City of Sterling Heights, shall be delivered to the City Clerk’s office within 60 days after the approval date of the applicable meeting minutes for recording with the Macomb County Register of Deeds. Failure to file this agreement shall serve as grounds to revoke the variance. 4) This property is unique due to its location and the circumstances of the area due to the developments. Ayes: Kremhelmer, Militello, D’Angelo, Graef, Najjar, Szpont. Nays: Absent: Washburn. Motion Carried. APPROVAL OF MINUTES – NOVEMBER 21, 2013 Motion by Militello, supported by D’Angelo, to approve the minutes of November 21, 2013. Ayes: Militello, D’Angelo, Graef, Kremhelmer, Najjar, Szpont. Nays: None. Abstain: None. Absent: Washburn. Motion carried. NEW BUSINESS There was no New Business. OLD BUSINESS There was no Old Business. PUBLIC PARTICIPATION There was no public participation. ADJOURNMENT Moved by Militello, supported by Kremhelmer, to adjourn at 8:20 p.m. Ayes: Militello, Kremhelmer, D‘Angelo, Graef, Najjar, Szpont. Nays: None. Absent: Washburn. Motion carried. The meeting adjourned at 8:20 p.m. Respectfully submitted, Laura Szpont, Chairwoman David Graef, Zoning Board of Appeals Zoning Board of Appeals