Zoning Board of Appeals

STERLING HEIGHTS ZONING BOARD OF APPEALS REGULAR MEETING CITY HALL FEBRUARY 26, 2015 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI SUBJECT: Minutes of the Regular Meeting of the Zoning Board of Appeals held February 26, 2015. 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, Aaron Wawrzyniak Members absent at roll call: Ray Washburn, excused. Also in attendance: Donald Mende, City Planner Don DeNault, City Attorney Barry Hicks, City Planner Christine Carley, Recording Secretary APPROVAL OF AGENDA Moved by Militello supported by Najjar, to approve the agenda. Ayes: Militello, Najjar, Wawrzyniak, D’Angelo, Graef, Kremhelmer Nays: None Absent: Mr. Washburn, Excused Motion carried. CORRESPONDENCE Mr. Mende stated for Case PZBA15-0002 Muslim Community of Macomb, a correspondence from a nearby resident in opposition and nine letters in support from area business owners to the north as well as the owner of the office building. PZBA15-0001 CHESTERFIELD 5 LLC Requesting a 15’ side yard setback variance on the East side of Metro Court, South of Metropolitan Parkway, between Mound and Van Dyke Roads in Section 28. Property Address: 36720 Metro Court. Mr. Kremhelmer opened case for anyone associated with information on this case and asked Mr. Mende to provide background. Mr. Mende stated the property is M-2 (Heavy Industrial), and the M-2 zoning district requires a minimum of 15 feet for a side yard to the building. Chesterfield 5 is requesting a 5 foot side yard setback to allow the building to be on the lot line. The building plans do reflect, and they will be reviewed by the building department, that it will meet all the building code requirements for that side lot line variance. The reason for the request is due to the fact that all of the buildings that have been built on Metro Court from Metro Parkway south have utilized shared drives between two buildings. This is the last building before you get to the end of the block and at the end of the block is a Detroit Edison substation which has already been constructed. The petitioner would not be able to share a drive as his neighbors have done. Mr. Chris Cousino, representing Chesterfield 5 LLC, 12955 23 Mile Road in Shelby Township, stated that in keeping consistent with the width of the other buildings, it would allow them to construct a building that meets the minimum size requirements for the M-2. Mr. Kremhelmer opened up for any discussion from the board. Zoning Board of Appeals Regular Meeting of February 26, 2015 Page 2 Mr. Militello asked Mr. Mende to confirm that they have put a building on the property line in the past. Mr. Mende stated yes, that in fact, a number of years ago the ordinance even permitted it as a matter of right to be built on the lot line. Mr. D’Angelo asked the petitioner to elaborate on how the property wouldn’t be able to be used if not granted the variance. Mr. Cousino stated that if the M-2 requires a minimum building size of 10,000 square feet and there is a submitted site plan that shows that if the side yard setback was honored, the building would not comply with the minimum size requirement. Mr. D’Angelo stated either way, there is going to need to be some type of variance in order to develop this piece of property. Mr. Cousino agreed. Mr. Kremhelmer opened for any public discussion. None Mr. Kremhelmer opened for any questions from the commissioners. None Motion by Militello, supported by Najjar, to approve PZBA15-0001, Chesterfield 5 LLC, Chris Cousino, 36720 Metro Court, the request 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 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. Findings of fact: 1. The parcel is the last lot to be developed in the Metro Industrial Park Subdivision; 2. The parcel abuts a DTE unmanned electrical substation; 3. Granting the variance will permit the building area to meet minimum ordinance standards and increase its long term viability and functionality. Mr. Kremhelmer asked for any discussion on the motion. Mr. D’Angelo asked Mr. Kremhelmer if they should include in the Findings of fact, that the other buildings on this developed area have the shared drives that makes this property unique. Mr. Kremhelmer asked the supporter if he would amend his motion. Zoning Board of Appeals Regular Meeting of February 26, 2015 Page 3 Mr. Militello motioned to amend the motion, supported by Najjar. Ayes: Militello, Najjar, Wawrzniak, D’Angelo, Graef, Kremhelmer Nays: None Absent: Washburn, Excused Motion Carried. PZBA15-0002 – MUSLIM COMMUNITY OF MACOMB Requesting a Use Variance to permit group worship in an O-1 (Business and Professional Office) district. East side of Ryan Road between Gloucester and Seventeen Mile Road in Section 20. Property Address: 38810 Ryan Road. Mr. Kremhelmer opened case for anyone associated with information on this case and asked Mr. Mende to provide background. Mr. Mende stated that the board could recall that the Muslim Community of Macomb group has received a temporary variance to operate at this location in 2014 which will be expiring in July of this year. They are now requesting that the variance be permanent. They have been occupying the building for over a year now and they have a number of families that live in the area and this location has worked out well for them. Mr. Kremhelmer stated to the petitioner that the request requires 5 votes and that 1 commissioner is missing. Lena Masri, attorney representing the petitioner, stated they are comfortable proceeding with their request. The community has done an extensive property search and has been unable to find suitable property in a reasonable location in their price range. Prior to moving into this space, the AMDA (American Muslim Diversity Association) was occupying it as a place of worship. This property has been used as a place of worship since AMDA obtained its occupancy in 2009. Ms. Masri has submitted a signed letter of support from the landlord that he is willing to grant this group permanent use and also has over 70 letters from supporters to be submitted as well. Ms. Masri stated the Muslim community has abided by and complied with all rules and regulations of the City of Sterling Heights and is unaware of any complaints except for the one mentioned earlier from the correspondence. She stated that group worship has not altered the character of the area and the premises are adjacent to two other worship facilities. The congregation typically has only 20 worshipers that come in throughout the day and up to 30 maximum on a typical Friday. No changes in hours of operation or any other changes are expected. Without this variance, the Muslim community would suffer hardship and have no location where they could operate or perform religious services. Mr. D’Angelo asked Mr. Mende if there are any parking availability issues. Mr. Mende stated that there are no parking issues. Currently there are 75 spaces and 31 parking spaces would be required if utilized as a general office, and 62 if being used for medical. Even with the group worship, it is well within the requirement. Mr. Kremhelmer stated that he did a site visit and there are speakers on the outside of the building, both front and back. His question to the petitioner is what they are used for. Ms. Masri stated that there is no outward projecting call to pray. Mr. Mohammed Murshed Ahmed. He stated they only have speakers inside and there are no speakers outside. He indicated there is an emergency light outside the one door but is unaware of any speakers outside the building. Zoning Board of Appeals Regular Meeting of February 26, 2015 Page 4 Mr. Kremhelmer stated that he did visit the site and met with some of the business owners and they are highly supportive of the organization. He also asked Mr. Mende if the letter from the landlord has been submitted to the board. He does not see in his packet. Mr. Mende stated the letter was received today and all the board members have received a copy and is in the file. Mr. Kremhelmer opened for any public discussion. None Mr. Kremhelmer opened for any questions from the commissioners. None Motion by D’Angelo, supported by Militello, to approve case PZBA26-0002, Muslim Community of Macomb, 38810 Ryan Road, a Use Variance to allow group worship in an O-1 (Business and Professional Office) zoning district 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 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 Register of Deeds. Failure to follow this agreement shall serve as grounds to revoke the variance; 4. No exterior noise or speakers will be permitted outside of the building. The following findings of facts are noted: 1. The variance will not alter the character of the area as there are two churches abutting the property; 2. This tenant, MCM has occupied the space for group worship under a previous variance with no violations or complaints and, further, has been used for group worship since 2010; 3. The tenant space has been approved for assembly uses and meets all requirements of the Building and Fire Departments. Mr. Kremhelmer asked if any discussion on the motion. Mr. DeNault to the maker of the motion, if it his intention that the Use Variance extend to the entire parcel or strictly to the tenant space which was defined in the request. Mr. D’Angelo stated to the tenant space that was defined and asked if he needs to signify that. Mr. DeNault stated that as of right now, if a Use Variance is granted for 38810 Ryan Road, the variance would be tied to the property. He noted the variance should be limited to the proposed use and applicant and it should be documented in the motion. Zoning Board of Appeals Regular Meeting of February 26, 2015 Page 5 Mr. D’Angelo asked Mr. DeNault how can it be amended or signified to cover this. Mr. Mende stated that the site plan submitted by DAS Associates could be referenced because that identifies the tenant space. So it would be limited on that tenant space based on the site plan presented with the application. Mr. Kremhelmer asked then wouldn’t that be covered under the conditions that were presented to the board where it states if anything changes, then the variance would be null and void. Mr. Mende stated if they wanted to expand, they would need to come back in front of the board. Mr. Kremhelmer asked Mr. DeNault so that all the facts presented to the board, as they know, would be including the site plan, if this would be okay. Mr. DeNault stated that now this is on record, he is fine with that. Mr. D’Angelo asked if there not need to be an amendment to the motion. Mr. DeNault stated no, that everything has been captured in the motion. He just wanted to make a record that it is limited to those spaces. Mr. Kremhelmer asked for any other discussion on the motion. None. Ayes: D’Angelo, Militello, Najjar, Wawrzniak, Graef, Kremhelmer Nays: None Absent: Washburn, Excused Motion Carried. PZBA15-0003 – ELIN RESTORATION MINISTRIES (ERM) Requesting Board approval for a Use Variance to permit a group worship in a C-2 (Planned Comparison Business) zoning district. North side of 14 Mile Road between Maple Lane and Schoenherr Roads in Section 35. Property Address: 13325 E. 14 Mile Road. Mr. Kremhelmer opened up for Mr. Mende to provide the background of this case. Mr. Mende stated that the request is for a Use Variance for group worship. The shopping center where this is located is the 34,000 square feet 1st Center Plaza and the church is intended to occupy approximately, 10,500 square feet for the group worship. This tenant took over from the previous tenant that occupied the building for religious services and unfortunately the proper permitting procedures were not followed by this organization, nor by the group worship organization that previously occupied the space. ERM had taken over the space from a tenant operating a similar use, and relied on that tenant that all codes and ordinances were being followed. ERM, upon receiving notice from the city is now requesting the Use Variance to allow the continued occupancy of this space on a permanent basis. ERM currently has services on Sunday at 8:45 am and 11:00 am and on Wednesday at 7:00 pm. Average attendance is 20-25 people on Sunday and 15-20 on Wednesday. This also has been partially reviewed already by the Fire and Building Department and meets all the requirements for assembly use. Petitioners, Ordell Andalous, of Commerce Twp, and Tina Perkins, 18057 Pinehurst, Detroit, both present. Mr. Andalous stated that the church group have been meeting at a motel and they have been looking for a home and feel this is a great place, centrally located for their members and as Mr. Mende stated, they have been working with the former tenant and were unaware of variances needed and, as soon as they became aware, they took over the lease and Zoning Board of Appeals Regular Meeting of February 26, 2015 Page 6 worked everything out to be in compliance with the City because they really want to be in this area and be a part of this community. Mr. Kremhelmer informed the petitioner that the request requires five votes and one commissioner is missing. Petitioner felt comfortable to proceed. Mr. Kremhelmer asked Mr. Mende that presently they have a small congregation but if the congregation grows, will parking be an issue? Mr. Mende stated it would not be an issue. With the occupancy load calculated, the church itself, would require a total of 66 parking spaces, 18 more than required for typical commercial/ office uses. The center has more than adequate parking for the proposed and existing uses. Mr. D’Angelo stated he recalled that previous variances for congregational uses of commercial properties were temporary Use Variances first. He asked if anyone recalled any previous cases and if this is standard, meaning granting a temporary Use Variance and then coming back to re- evaluate for a permanent variance. Mr. Mende stated that he does recall a few that were granted temporary Use Variances first. The ordinance does protect the city in that, if the petitioner does not comply with any of the standards or is in violation of any of the conditions, we can bring them back to the board for a show cause hearing. Mr. D’Angelo asked the petitioner if they are looking at this as a permanent or temporary home as their congregation grows. If temporary, is there a time frame? Mr. Andalous stated they are looking at this as a permanent home and, of course, if the congregation does grow too large, then they would look for another location. At this particular time, this location fits their families and the people in the community they service. Mr. DeNault commented on Mr. D’Angelo’s concern regarding the history and added to Mr. Mende’s comment; his recollection of this is that it all started when the economy was down and the not wanting of any vacant tenant spaces, then wanting to revisit these cases to see if the economy has improved and they did find permanent homes. Mr. Kremhelmer also added that if he recalls correctly, they tied the length of the temporary variance to the length of the lease. The Board agreed that yes, this was the case. Mr. Kremhelmer asked the petitioner if they had a lease agreement and how long is it for. Mr. Andalous stated they currently have a two year lease. Mr. Kremhelmer opened for any public discussion. None Mr. Kremhelmer opened for any questions from the commissioners. None Motion by Najjar, supported by Militello, in case PZBA15-0003, Elin Restoration Ministries, 13325 E. 14 Mile Road, to approve a Use Variance to allow group worship in a C-2 (Planned Comparison Business) zoning district 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 Zoning Board of Appeals Regular Meeting of February 26, 2015 Page 7 City of Sterling Heights and the regulations of every lawful agency or governing authority now or hereafter in force; 2. Notice of 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 Register of Deeds. Failure to follow this agreement shall serve as grounds to revoke the variance; 4. No exterior noise or speakers will be permitted outside of the building. The following findings of facts are noted: 1. The variance will not alter the character of the area; 2. This shopping center is experiencing high vacancy rates, and the addition of this use will not adversely affect nearby uses or parking; 3. The tenant space has been approved for assembly uses and will meet all requirements of the Building and Fire Department. Mr. Kremhelmer asked if any discussion on the motion. Mr. DeNault stated for the record, that this Use Variance is limited to the tenant space and not to be granted to any expansion. Motion by Najjar, supported by Militello, to amend the motion as stated by Mr. DeNault. Mr. Kremhelmer asked if this is making it temporary for the length of the lease. Mr. Kremhelmer asked if the variance stays with the property and if the tenant moves out, is the variance still in effect? Mr. DeNault stated that yes, the variance would run with the property if all conditions and facts remain accurate as presented and yes, the variance would still run with the property if the tenant moves out and no changes have been made. He asked Mr. Mende if this is correct. Mr. Mende stated yes, that is correct. Mr. Kremhelmer asked the petitioner if they would have a problem with the Use Variance running along with their lease and bringing up for consideration to the board. Mr. Andalous would prefer it be permanent. No other discussion from the Board. Seeing no other discussion to the motion, motion for roll call. Ayes: Najjar, Militello, Wawrzyniak, D’Angelo, Graef Nays: Kremhelmer, Absent: Washburn, Excused. Motion carried. Zoning Board of Appeals Regular Meeting of February 26, 2015 Page 8 PZBA15-0005 – ORAS ZUHAIR Requesting a Use Variance to allow 1) a child recreation facility in C-1 (Local Convenience Business) zoning district; 2) a 23 parking space variance. Northwest corner of 14 Mile & Ryan Road in Section 31. Property Address: 3995 14 Mile Road. Mr. Kremhelmer to Mr. Mende for background on the case. Mr. Mende stated the petitioner appeared last month before the Board for this request. The intended use is for the 35,000 square foot former Farmer Jack supermarket on the corner of 14 Mile and Ryan Road. The petitioner’s plan reflects some discussion that took place at the last meeting specifically the multipurpose room and the layout of the restrooms. This multipurpose room is now shown with the movable walls that could partition further that area for restaurant use and children’s recreation. The male and female restrooms are at both ends of the building. This site has been very difficult for the city such as code violations. The renovations are currently ongoing and the plans have been and are being reviewed by the Building Department. The City Council passed an ordinance a few years ago putting a high priority on the redevelopment of these obsolete commercial centers when the needs, land uses, and applicable regulations were substantially different than they are presently. Mr. Phil Ruggeri, 43231 Schoenherr, Sterling Heights, on behalf of the petitioner, commented that the petitioner, Mr. Zuhair, has a successful business in the Hatherly Commons Shopping Center at 15 Mile and Ryan Roads. He is also, at that same center, working with the city to renovate and reopen the vacant Kroger with a new, full service independent grocery store. Mr. Zuhair has put extensive time and money to renovate this facility as well. They have limited the amount of variances and Mr. Zuhair has settled on a restaurant with ancillary private meeting room and a children’s recreation facility. Mr. Kremhelmer informed the petitioner that the request requires five votes and that one commissioner is missing. Petitioner agreed to proceed. Mr. Kremhelmer asked the petitioner if the restaurant would be the main use and what the hours of operation for the restaurant and children’s facility would be. Mr. Ruggeri stated that there are two distinct uses, the restaurant and the children’s facility. The hours of operation for the restaurant would be Monday – Thursday 11:00 am to 11:00 pm/ Friday and Saturdays 11:00 am to 1:00 am. For the children’s facility, the hours of operation would be 7 days a week from 10:30 am to Midnight. Anyone under the age of 17 must be accompanied by an adult and this will be a supervised facility. This would be more like a Dave & Buster’s facility. Mr. Kremhelmer asked Mr. Mende what the curfew in the city is. Mr. Mende stated that he would need to verify this with code of ordinances. Mr. Kremhelmer asked if the petitioner currently has a liquor license. Mr. Ruggeri stated that would be the next step for the restaurant. Mr. Kremhelmer asked Mende or Mr. DeNault, if this is going to be a Dave & Buster’s type of business, does this fit in the children’s recreation box. Does it need to be identified differently? Mr. Mende stated that, either way, it requires a Use Variance for a C-2 allowed use in the C-1 zoning district. It doesn’t matter if your target market is Chuck E. Cheese or Dave & Buster’s, both uses are permitted in the C-2 zoning district and this property is in the C-1 zone. Zoning Board of Appeals Regular Meeting of February 26, 2015 Page 9 Mr. Ruggeri stated that there will be no alcohol served in this portion of the facility. Mr. Najjar asked Mr. Mende that prior to Mr. Zuhair coming forward was there any other interest in this location. He feels this is good for the community and applauds Mr. Zuhair for all his time and money put into this location. Mr. Mende stated the only interest was for a Sav-A-Lot that was opened briefly and that has been closed for five years. This has been vacant and a problem building for Code Enforcement and the Fire Department. Mr. D’Angelo asked the petitioner why the hours of operation are not aligned with each other if the use is to be of a flow back and forth. Mr. Ruggeri stated that it’s only an hour difference between the restaurant and game area being that the restaurant will be opened later during the weekend and the game area later during the week. In the future, depending on the activity of the facility, the hours may be shortened for the gaming area. Mr. D’Angelo asked Mr. Mende if this could become a restaurant and banquet use without the board approval if the children’s facility does not work out. If the entire area became banquet, would it need to come back before the city? Mr. Mende stated that no variance would be required for a restaurant and banquet use, but it would need to come back before the zoning board if the principle use was banquet. Mr. Kremhelmer asked that if the motion is to approve this variance, that the children’s facility does not encroach on the other square footage of the building and it should stay within the plan presented and if the restaurant goes away, that this does not turn into an arcade. Mr. Militello stated that it cannot. It states in the staff report that it needs to stay the way it is and cannot be changed. Mr. Kremhelmer stated that he just wanted it noted. Mr. Kremhelmer asked for any other discussion. None Motion by Militello, supported by Najjar, to approve PZBA15-0005, Oras Zuhair, 3995 14 Mile Road, 1) a Use Variance to permit a C-2 use in a C-1 Zoning district; 2) A 23 parking space 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 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 Register of Deeds. Failure to follow this agreement shall serve as grounds to revoke the variance; Zoning Board of Appeals Regular Meeting of February 26, 2015 Page 10 The following findings of facts are noted: 1. The structure has been vacant and code enforcement problem for several years; 2. The existing structure and property are being renovated and brought up to current standards as much as possible; 3. The property has frontage on two major thoroughfares; 4. The city has made a priority of the adaptive reuse of obsolete commercial centers. Mr. Kremhelmer asked if any discussion on the motion. Mr. D’Angelo asked if there is any concern with the facility being opened until midnight and being past curfew. Mr. Kremhelmer stated he has a concern regarding the curfew. He is unsure if this is up to the owner or an enforcement issue. Even if a restriction is placed, who is going to enforce it? Mr. D’Angelo noted condition number one ensures the petitioner will abide by all applicable code and ordinances. Mr. Kremhelmer asked if any further discussion on the motion. None Ayes: Militello, Najjar, Wawrzyniak, D’Angelo, Graef, Kremhelmer Nays: None Absent: Washburn, Excused. Motion carried. APPROVAL OF MINUTES: Motion by Militello, supported by Graef, to approve the minutes of January 22, 2015. Ayes: Militello, Graef, Kremhelmer, Najjar, Wawrzyniak, D’Angelo Nays: None Absent: Washburn, Excused. Motion carried. NEW BUSINESS None OLD BUSINESS PZBA14-0026 – ALLIED SIGNS, INC Requesting approval to allow a variance to permit a second wall sign of 73 square feet. Northwest corner of 17 Mile and Van Dyke in Section 16. Property Address: 39333 Van Dyke Mr. Kremhelmer called Mr. Mende for background on the case. Mr. Mende stated this item was postponed from the regular meeting of January 22, 2015 as there was not a full board present. This is the new Concentra that occupies the existing, and long vacant, Fitness USA building. The petitioner is proposing to take advantage of the ordinance that permits one ground sign and one wall sign. In addition to the one wall sign facing Van Dyke, the petitioner is requesting approval of a second wall sign, approximately 73 square feet, facing north, which would be visible to southbound Van Dyke motorists. Zoning Board of Appeals Regular Meeting of February 26, 2015 Page 11 Patrick Stever, petitioner, present, 33650 Giftos Drive in Clinton Township. Mr. Stever stated that having the second sign, they will have the proper identification for the traffic flow on Van Dyke and adjacent from across the road. Having this identification, they can get people safely into their site. The second wall sign does fit into the architectural of the building and are within the square footage requirements. Mr. Kremhelmer asked that from the last meeting it was mentioned that the north sign was blocked by landscaping and the ground sign and that can be seen from both north and southbound traffic. He fails to see why a second sign is needed. Mr. Stever mentioned that the current wall sign is not being blocked by landscaping and the ground sign, at the south end of the property, can be seen from Van Dyke but due to the speed limit and traffic flow, it does cause a hardship. The second sign would give traffic a focal point to the building and definitely would help motorist’s visibility. Mr. Wawrzyniak asked to explain what an urgent care facility is and if there are any ambulances coming to the facility. Mr. Stever stated that ambulances do not come to the facility but serves patients who are hurt and are sick. A patient having a heart attack would not go to this type of urgent care facility. Mr. D’Angelo asked Mr. Mende if he could talk about the property to the north of the urgent care building and it having a reduced setback from the road. Mr. Mende stated that there are number of properties that were constructed on Van Dyke back in the 60s & 70s. With the expansion of Van Dyke over the years, the road right of way got closer to these buildings. There are a number of non-conforming structures, including this one, up and down Van Dyke. Mr. D’Angelo asked the petitioner if the east sign being requested is the same size as the existing north sign. Mr. Stever stated that yes, both signs are the same. The signs are designed that way to keep within the ordinance for square footage as well as readability. Mr. D’Angelo asked Mr. DeNault if they could grant the variance for the north sign rather than the east sign, without it being republished, having the east side being there by right and then grant them for the north facing sign. Mr. DeNault stated that the only request is for a second wall sign and there is no specification as to where. Mr. Kremhelmer opened for any public discussion. None Mr. Kremhelmer opened for any questions from the commissioners. None Motion by Militello, supported by Najjar, in case PZBA14-0026, Allied Signs, 39333 Van Dyke, to approve a variance to permit a second wall sign of 73 square feet 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; Zoning Board of Appeals Regular Meeting of February 26, 2015 Page 12 2. Notice of 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 Register of Deeds. Failure to follow this agreement shall serve as grounds to revoke the variance; Mr. Kremhelmer asked for any discussion on the motion. Mr. Wawrzyniak asked if the petitioner needed to be aware of not having a full board. Mr. Kremhelmer stated no and also stated because this is not a request for a Use Variance. Mr. D’Angelo asked if any finding of facts need to be noted. Mr. DeNault stated that there should be findings of fact. Mr. D’Angelo asked motion maker, Mr. Militello if he wanted to add a findings of fact that 1) The additional wall sign will help patrons that do not frequent the area to look for an urgent care facility. It helps visibility on a high speed thoroughfare; 2) The property to the north is close to Van Dyke with a shallow setback. Motion to amend by Militello, supported by Najjar, to add the findings of fact. Mr. Kremhelmer added that it’s up the petitioner that a practical difficulty exists so the findings of fact have to support that. He thinks the hardship is self created and he sees nothing unique in this property that this sign is needed. Mr. Kremhelmer asked for any other discussion on the amended motion. None Ayes: Militello, Najjar, D’Angelo, Graef Nays: Kremhelmer, Wawrzyniak Absent: Washburn, Excused. Motion carried. PUBLIC PARTICIPATION None MOTION TO ADJOURN Motion by D’Angelo, supported by Militello, to adjourn. Ayes: D’Angelo, Militello, Najjar, Wawrzyniak, Graef, Kremhelmer Nays: None Absent: Washburn, Excused. Motion carried. The meeting adjourned at 8:19 P.M. Respectfully submitted, Bruce Kremhelmer, Chairman Zoning Board of Appeals