Zoning Board of Appeals

STERLING HEIGHTS ZONING BOARD OF APPEALS REGULAR MEETING CITY HALL DECEMBER 18, 2014 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI SUBJECT: Minutes of the Regular Meeting of the Zoning Board of Appeals held December 18, 2014. Mr. Kremhelmer 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, Ray Washburn, Aaron Wawrzyniak Members absent at roll call: None Also in attendance: Donald Mende, City Planner Don DeNault, City Attorney APPROVAL OF AGENDA Moved by Washburn, supported by Militello, to approve amended agenda, moving PZBA14-0022 to first item. Ayes: Washburn, Militello, Najjar, Wawrzyniak, D’Angelo, Graef, Kremhelmer Nays: None Absent: None Motion carried. PZBA14-0022 – ORHAS ZUHAIR Petitioner, not present, requesting postponement on the approval to allow a banquet facility in a C-1 (Local Convenience Business) zoning district and a 45 parking space variance - Northwest corner of 14 Mile and Ryan Roads. 3995 Fourteen Mile Road. Motion by Militello, supported by Najjar, to postpone to January 22, 2015 meeting. Ayes: Militello, Najjar, Washburn, Wawrzyniak, D’Angelo, Graef, Kremhelmer Absent: None Motion carried. PZBA14-0020 – JOHN DAMRATH / DAMRATH GROUP LLC Requesting approval for a Use Variance to allow a Self Service gas facility in a C-2 (Planned Comparison Business) zoning district - East side of Schoenherr Road between Canal Road and Southcove Drive in Section 1. Property address: 43632 – 43738 Schoenherr Road. Mr. Kremhelmer opened case for anyone associated with information on this case. Chris Rodgers with Kroger, 40399 Grand River Novi, MI, stated Mr. Damrath wasn’t present but in his absence, he will explain the request. Mr. Kremhelmer gave a refresher on this pending case stating that is was postponed due to some of the commissioners wanted additional information. This is a Kroger store requesting Zoning Board of Appeals Regular Meeting of December 18, 2014 Page 2 to put a self-service gas station in and there was discussion on a variance assigned to a property that does not yet exist. Mr. Kremhelmer opened up for any questions from the commissioners. Mr. D’Angelo questioned Mr. Mende if there were any updates for them from him working with the Kroger or the property owners. Mr. Mende stated there was discussion with the property owner, the owner that owns the shopping center Lakeview Square, where the gas facility is proposed to be located. There were a number of items identified with the code enforcement office inspection on the property. Some code issues were identified that they would like to bring up to current standards, such as, parking lot and frontage landscaping and parking lot repairs. The owner has agreed to this. This is also indicated on the revised site plan that Kroger has prepared showing that he will be doing that. Mr. Mende has confirmed with the code enforcement office that he has begun working on repairs, weather permitting. The landscaping is intended to wait until spring in conjunction to Kroger’s construction. The petitioner has also been in touch with the Macomb County Road Commission regarding any improvement to Schoenherr Road. There was a report generated by the head of traffic division. They will be requiring improvements to Schoenherr as it relates to a taper and deceleration lanes along Schoenherr road as they enter into the shopping center. Mr. Mende also stated with regards to the property split, he met with the architect and this has been done before where there was a property split that was going to be done as part of the site plan review process and what will be required here is the property owner of the shopping center will be required to file a notice against the deed for his property, and also after the property split has been completed as part of site plan review and approval by the city departments. The legal description is shown in the prepared plan, which will clearly define the limits of the Kroger facility. Mr. D’Angelo also asked if Mr. Mende was comfortable with this being handled administratively with the board action tonight with once that is executed, that administratively it can be transferred over to the property. Mr. Mende stated that is correct. Mr. Kremhelmer asked Mr. DeNault if there was anything he wanted to add. Mr. DeNault stated that Mr. Mende summarized it very well and that the only thing he had to add was after the split and a notice of variance has been recorded against the new subsidiary parcel, he would also like to record something that terminates the variance for the previously described parcel. Mr. Kremhelmer asked Mr. Rodgers if there was any other information he wanted to add. Mr. Rodgers just stated he is willing to answer any questions. Mr. D’Angelo asked Mr. Mende if there are and what, if any, parking requirements are on a self- serve gas facility. Mr. Mende stated yes, that the requirement is one per pump and that can be handled at the pump itself. Mr. D’Angelo asked if the space at the pump is actually the parking space. Mr. D’Angelo questioned if they need a mutual parking agreement with the parent parcel or not. Mr. Mende stated it was not required but suspects the city engineer will get a mutual drive and access agreement so there can be a flow between the properties and that would be a requirement of site plan approval. Mr. Washburn asked Mr. Mende if the Shopping Center itself would comply to parking after the split. Zoning Board of Appeals Regular Meeting of December 18, 2014 Page 3 Mr. Mende stated it would. Mr. Kremhelmer questioned the petitioner regarding a statement that was made when the case was originally brought forward that all information would be brought back to Kroger to get the final approval to proceed with this. Is this still the case? Mr. Rogers stated after they go through planning commissioner review and have all their city approvals, the project would then be submitted to Cincinnati for final funding approval once they know what their costs are going to be. Mr. Kremhelmer asked if they could deny their funding for this project. Mr. Rodgers stated that there is always a chance for that but don’t think that’s likely. No matter what the project may be, it’s always the same process. It’s important they have a good sense of what they have to do and what the city would like for them to do as part of the construction. They have a rough budget but until they go through the planning commission, they cannot nail down the final cost. Mr. Kremhelmer asked if any other questions for the commissioners and/or public. Mr. Militello asked if they planned on the deceleration lane or is this something new Mr. Rogers stated it was new but they always expect additional costs that come up during the reviews so they wait until the end of the process to submit the final budget. Mr. Kremhelmer asked if any other questions and if not, called for a motion. Motion by Militello, supported by Militello, to approve a Use Variance which would allow a self service gas facility in a C-2 (Planned Comparison Business) zoning district with the following conditions: 1. The decision of the board 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. The Notice shall be filed for both the existing parent parcel and the parcel ultimately created for the fuel center. 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 follow this agreement shall serve as grounds to revoke the variance. The Agreement shall be filed for both the existing parent parcel and the parcel ultimately created for the fuel center. 4. That the petitioner completed the site plan review process and comply with all standards of the Offices of Planning, Engineering and Building Services. 5. That the petitioner shall develop, maintain, and operate the facility in compliance with all pertinent codes, ordinances, and standards of the City of Sterling Heights, County of Macomb, and the State of Michigan. Zoning Board of Appeals Regular Meeting of December 18, 2014 Page 4 6. That any outstanding Property Maintenance Code violations on the existing parcel must be first resolved by correcting the violation or by having the property owner sign a written code compliance agreement with the City setting forth a written commitment by the property owner to bring the site and/or building into full compliance with all provisions of the Property Maintenance Code within a specific time period acceptable to the City Development Director. 7. That no Certificate of Occupancy be issued for the proposed fuel center until all conditions of approval are met to the satisfaction of the City Development Department, including all improvements for the existing parent parcel. Mr. Najjar also stated the following facts are noted: 1. The location meets all Special Land Use requirements for self-service gasoline. 2. The location is an intensive commercial zone. 3. The shopping center is designed and located to accommodate comparison shopping and high traffic volumes. Motion made by Najjar, supported by Militello, to approve. Mr. Kremhelmer asked if there were any discussions on the conditions. None were presented. Ayes: Najjar, Militello, Washburn, Wawrzyniak, D’Angelo, Graef, Kremhelmer Nays: None Absent: None Motion carried. PBZA14-0021 - FUNSPACE DIRECT LLC Requesting approval for a 66 square foot area variance - South side of Charrington Drive between Schoenherr Road and Balfour Drive in Section 12. Property Address: 13734 Charrington Drive Mr. Kremhelmer asked for anyone connected with this case to step forward. Mr. Rick Allen, property owner at 13734 Charrington, is asking approval for a sunroom attached to his garage. It will not encumber on the neighboring properties and is smaller in height and length of the garage. It will be between the garage and the house and cannot be seen by anyone outside his yard. Mr. D’Angelo asked what the intent of the sunroom will be and how many feet approximately will be between the home and sunroom once it’s built. Mr. Allen stated it will be used as a smoking room. He also stated it was approximately 14 feet. Mr. D’Angelo asked what is on the ground between the garage and the house. Mr. Allen stated it was a wooded walkway for their dogs to not drag mud into the house. Mr. Washburn indicated, in regards to the submitted material, that the lot size is actual 60 x 120 and the drawing is 60 x 149 which is bigger. He does not see a problem with this request even though the size is bigger. Mr. Kremhelmer asked if there were any other questions or comments. He asked Mr. Allen if this is a prefabricated sunroom and if so, was this in a catalog or drawn up for him. Zoning Board of Appeals Regular Meeting of December 18, 2014 Page 5 Mr. Allen stated it was drawn up and would be built by FUNSPACE. They would put in a foundation and a slab and attach it to the garage. Mr. Kremhelmer also asked if it could be drawn up dimensionally smaller so that he wouldn’t need a variance. Mr. Allen asked what size that would be. Mr. Kremhelmer stated it’s currently 10 x 14 and if there was any way to make it smaller to meet within the requirements of the city. Mr. Allen stated he wasn’t sure FUNSPACE made them that small but if he did make it too small, he wouldn’t be able to fit a table and chairs in there so it really wouldn’t be worth it. Mr. Kremhelmer commented that, as currently presented, it was approximately 140 square feet so it would make it approximately 74 square feet, 7 x 10, if made smaller. Mr. D’Angelo asked if the bushes in the picture provided are on his side or the neighbor’s property. Mr. Allen stated the bushes are on the neighbor’s side but recently he has added a vinyl 6 foot privacy fence since the picture submitted. Mr. Kremhelmer asked for any other questions or comments by the commissioners. There were none presented. He also asked for any public participation. There were none. Motion by Militello, supported by Najjar, to approve a 66 square foot area variance with 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 application meeting minutes for recording with the Macomb County Register of Deeds. Failure to follow this agreement shall serve as grounds to revoke the variance. Mr. Militello also stated the following findings of fact are noted: 1. The sunroom cannot be connected to the home due to windows at the rear of the home that cannot be obstructed. 2. The sunroom would meet all ordinance requirements but for its attachment to the detached garage. Mr. Washburn asked if the motion could also include the fact that this lot is approximately 30 feet deeper than the average lot and the request for the additional square footage would have less of an impact. Zoning Board of Appeals Regular Meeting of December 18, 2014 Page 6 Mr. Militello amended the motion. Mr. Najjar amended his support. Mr. Kremhelmer stated there is an amended motion with an amended support and asked if there was any other discussion on this motion. None presented. Ayes: Militello, Najjar, Washburn, Wawrzyniak, D’Angelo, Graef Nays: Kremhelmer Absent: None Motion carried. APPROVAL OF MINUTES: Motion by Militello, supported by Graef, to postpone approval of the November 21, 2014 minutes until January 22, 2015. Ayes: Militello, Graef, Kremhelmer, Najjar, Washburn, Wawrzyniak, D’Angelo Nays: None Absent: None Motion carried. NEW BUSINESS None OLD BUSINESS None PUBLIC PARTICIPATION None MOTION TO ADJOURN Motion by Militello, supported by Washburn, to adjourn. Ayes: Militello, Washburn, Wawrzyniak, D’Angelo, Graef, Kremhelmer, Najjar Nays: None Absent: None Motion carried. The meeting adjourned at 7:25 p.m. Respectfully submitted, Bruce Kremhelmer, Chairman Zoning Board of Appeals