Zoning Board of Appeals

STERLING HEIGHTS ZONING BOARD OF APPEALS REGULAR MEETING CITY HALL MARCH 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 March 26, 2015. Mr. Kremhelmer called the meeting to order at 7:00 p.m. Members present at roll call: Derek D’Angelo, Bruce Kremhelmer, Stefano Militello, Nick Najjar, Ray Washburn, Aaron Wawrzyniak Members absent at roll call: David Graef, Excused Also in attendance: Donald Mende, City Planner Don DeNault, City Attorney APPROVAL OF AGENDA Moved by Militello, supported by Wawrzyniak, to approve the agenda. Ayes: Militello, Wawrzyniak, Najjar, D’Angelo, Kremhelmer, Washburn Nays: None Absent: Graef Motion carried. PZBA15-0004 – FRIENDLY OUTDOOR STORAGE Requesting Board approval to amend the previous conditions of approval to amend the site plan and provide additional parking. East side of Maple Lane Road between 14 Mile Road and Volpe Drive in Section 35. Property Address: 33400 Maple Lane Road Mr. Kremhelmer asked Mr. Mende to provide background on the case. Mr. Mende stated that the petitioner had previously received a Use Variance from the Board in 2010 to utilize the property for recreational vehicle storage. The Petitioner did comply with all the requirements from the Board and more importantly, the requirements from the Michigan Department of Environmental Quality (MDEQ). The Petitioner has received all final approvals and is now requesting to amend the previous variance to permit the expansion of the parking area along the south property line. This is the area shown on the site plan that is located behind the office and maintenance garage as you enter into the property, north of the Polish Century Club. The original motion was tied to a specific site plan; the Board must now amend that to permit this new area. The new area which the Petitioner is proposing will provide 107 new parking spaces, bringing him to 1,302 spaces which is actually 10 spaces less than what the Board originally approved back in 2010. Mr. Kremhelmer opened for anyone associated with this case. Petitioner, Alan Casmere, 33400 Maple Lane Drive, Sterling Heights, stated that this property is adjacent and abuts the front of the outdoor storage property. It is a former landfill and has very limited use potential. He has complied with all the due care plans of MDEQ and the City of Sterling Heights and has had no code enforcement issues. Previously they were approved for 1,312 spaces and currently maintain 1,193 spaces. With this additional parking request of 107 spaces, it will bring them to 10 spaces less than originally approved. This parking area is at the opposite end of the property and away from the residential subdivision to the north and adjacent to the Polish Century Club. Mr. Casmere also stated that the president of the Polish Century Club is present to speak and is in favor of this proposal. Zoning Board of Appeals Regular Meeting of March 26, 2015 Page 2 Mr. Kremhelmer opened up for any questions from the commissioners. Mr. D’Angelo asked how far away from the residential area will the back lot lines be in the proposed development? Mr. Casmere stated it would be roughly 1,785 feet. Mr. Washburn asked Mr. Casmere that if the original approval before the Board was for 1,312 and they currently have roughly 1100, where are the other 300 parking spaces. Mr. Casmere stated that as Mr. Mende noted, they came back to the Board and were granted an approval for additional storage of cars. Since that time, Chrysler terminated their agreement with them because are no longer in need of storage. That area had erected concrete barriers for flowing traffic and eliminated rows in the property. This would account for the give or take of 300 spaces. Mr. Washburn also asked Mr. Casmere that in the backup material it states that there will be some vehicle storage for local dealers and if he could let the Board know which dealers. Mr. Casmere stated that they have had several requests from local car dealers, some which include Hamilton Chevrolet, Buff Whelan Chevrolet, and Suburban Ford. There will be no local car carriers coming into the property just the dealer cars themselves. Mr. Kremhelmer asked that out of the current 1,193 spaces, how many spaces are dedicated for the RVs. Mr. Casmere stated 1,193 were dedicated for the RVs. Mr. Kremhelmer asked that with all the 1,193 spaces being dedicated for RVs, how many spaces will be used for the dealership cars? Mr. Casmere stated that no more than 107 spaces will be for dealership cars. Mr. Kremhelmer then asked if it’s safe to say that the proposed new section would be for these dealership cars. Mr. Casmere stated yes and RVs if the dealer cars don’t come through them. This space is enclosed separately from the main lot and has its own entrance. Mr. Kremhelmer asked Mr. Casmere if they were done with car hauling, even in the future and the board could basically rescind the first variance for allowing parking on the north side and just allow for the south side. Mr. Casmere stated that yes. Mr. Kremhelmer opened the case for any public discussion. Darryl Onderik, President of the Polish Century Club of Sterling Heights, stated that he is adjacent to the facility and has no issues with this proposal. Mr. Kremhelmer asked for any other public discussion. None and brought back to the Commissioners for any further discussion or motion. Motion by Militello, supported by Najjar, in the case of PZBA15-0004, Friendly Outdoor Storage 33400 Maple Lane Road, to approve amending the previous condition of approval for case BZ10-005, in order to amend the site plan as proposed to provide additional parking, subject to the following conditions: Zoning Board of Appeals Regular Meeting of March 26, 2015 Page 3 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. The approval is further based on information presented on the site plan prepared by Enviro Matrix Land S.E.A. Corp., Job No. LS-13060 site plan dated January 15, 2015; The following finding of facts are noted: 1. The property is a landfill with limited re-use potential; 2. The property has operated as Friendly Outdoor Storage for several years with no violations or disputes with the City of Sterling Heights; 3. That all previous conditions of approval for cases BZ10-005 and PZBA14-0009 will remain in effect, which include: A) There be no retail sales of any kind including, but not limited to, propane and RV accessories; B) That no vehicular parking of RV’s should be located closer than 340 feet from the adjacent residential property to the north; C) That “No Right Turn” signs be installed at the exit to Maple Lane Road; D) That the site shall be open to reasonable inspections by all jurisdictions that have authority over this site and/or location (including Police and Fire Departments); E) Only new passenger vehicles on behalf of new car manufacturers may be stored; F) All vehicle access is from the south (14 Mile Road / Maple Lane Road) only; G) 3 on-site security to be provided 24/7; H) The 340’ spacing distance to the north property line will continue to be maintained, and no new development or operations will occur beyond the north privacy-fence perimeter; I) Parking will continue to be prohibited with 75’ of the north privacy fence-line, as reflected on the aerial photo presented with the previous application; J) All loading and unloading of passenger vehicle haulers will be adjacent to the concrete barrier divider in the center of the property, as reflected on the aerial photo presented with the previous application; K) Hours of operation for the storage of passenger vehicles shall be 7:00 am to 7:00 pm; L) 502 spots will be designated for the RV parking in the original parking area and cannot be used for vehicle storage. Mr. Kremhelmer asked for any discussion on the motion. Zoning Board of Appeals Regular Meeting of March 26, 2015 Page 4 Mr. Washburn asked Mr. Kremhelmer that pertaining to condition #3, that all previous conditions of approval from cases BZ10-005 and PZBA14-0009 will remain in effect, he mentioned about changing some of the conditions. Mr. Kremhelmer stated that yes, he has also been making notes on some changes. Mr. Militello stated that he would not like to that. Mr. Kremhelmer stated to Mr. Militello that there are a few changes. That the petitioner is done with dealing with car manufacturers and is now dealing with car dealerships so Condition E should read as only new passenger vehicles on behalf of new car dealerships may be stored. Regarding Item J, all loading / unloading of passenger vehicle car haulers. He is no longer dealing with car haulers. Item K, hours of operation are not from 7 am to 7pm, he believes they are 24 hours a day. Item L, he stated that he only needed 107 spots for cars now, so 1195 spots will be designated for RV parking as opposed to the 502 spots. So, some of the conditions have changed. Mr. Mende stated that all of the items that were read in the motion were simply the previous conditions from the first two variance cases. They are listed for reference. They actually have become moot, in his opinion, because the petitioner has gone on record stating that he is no longer doing passenger hauler from Chrysler and he believes Vascor was the hauling company. If the petitioner does intend to do this, he would then come back in front of the Board. The hours of operation were for the car haulers. Mr. Washburn asked Mr. DeNault if he agrees with Mr. Mende. Mr. DeNault stated that he feels it needs to be recognized that these were made into effect because of the prior variances that were given by the Board. All that is being asked is to amend the prior granting. They are moot in a sense that they still exist and are not going away, and to the extent that he is changing his plan, that will be the new record that governs his behavior going forward. There are a number of things that are no longer accurate but at the end of the day, some of these things remain accurate because they have already been granted in the past. The Board is not re-granting them or un-granting them, they just continue to exist. All we are doing is amending what has been granted in the past to include what the petitioner has presented this evening. He is fine with however it is to be worded and feels a good record has been made already on the facts the petitioner is proposing, the changes that have been made and the restrictions that he is agreeable to. Mr. Mende stated that the conditions of approval that are being approved tonight are 1 – 4. Mr. Washburn asked that conceivably the petitioner could, in the future, start storing cars to the north side again and if that’s the case, he thought the Chairman would like to eliminate that. Mr. Militello stated that he does not want to amend his motion. Mr. Kremhelmer asked for any further discussion on the motion. Ayes: Militello, Najjar, Washburn, Wawrzyniak, D’Angelo Nays: Kremhelmer Absent: Graef Motion Carried. Mr. Washburn asked for clarification to Mr. Kremhelmer that the new area for passenger cars needs to be closed down at 7:00 pm. Mr. Kremhelmer stated yes. Zoning Board of Appeals Regular Meeting of March 26, 2015 Page 5 PZBA15-0006 – KEMP & PEYERK STERLING LLC Requesting Board approval for an 8’ front yard setback variance. Southeast corner of Progress Drive and Mound Road in Section 21. Property Address: 5980 Progress Drive. Mr. Kremhelmer asked Mr. Mende to provide background on the case. Mr. Mende stated the property is a corner lot and has approximately 315’ of frontage on Mound Road and approximately 570’ that fronts Progress Drive. The subject parcel and all abutting properties are zoned and developed as M-1 (Light Industrial). The ordinance requires a building setback of 35’ for an M-1 for buildings that are 30’ in height or less. For buildings that exceed 30’ in height, the building setback in 50’. The petitioner in this case, is building a building for a specific user and the petitioner is providing 42’. Unfortunately in the M-1 district we do not have this provision. Other zoning districts do allow an increase in height if you increase the setbacks accordingly and looking at that, you would be very close to being in compliance but still requires an 8’ front yard setback variance. Mr. Kremhelmer opened for anyone associated with the case. Petitioner, Tom Kemp, 275 W. Gerard, Madison Heights, stated that as Mr. Mende had indicated, the potential tenant needs four 50’ wide crane bays. AGM Automotive is the proposed tenant for the building and the building design is specific to their requirements, which has a tad higher ceiling to accommodate their equipment and bays. Any less, would not work for their operation. Mr. Kemp also stated they own all the other buildings on the street and believes it will not be out of character for the area. If the building was 8’ shorter, no variances would be necessary. The variance is minimal in terms of its effect on surrounding properties. Mr. Kremhelmer asked Mr. Kemp if the lease with AGM Automotive is contingent on the action tonight and what does AGM do? Mr. Kemp stated yes, it is contingent. He indicated AGM is headquartered out of Troy and is World-Wide. AGM will use the building for automobile related manufacturing and warehousing. Mr. D’Angelo asked Mr. Mende if he knows any of the setbacks on the other buildings on Progress Drive. Mr. Mende stated 35’. Mr. D’Angelo stated that this building will be setback further even if we grant the variance. Mr. Mende stated that is correct. Mr. Kremhelmer opened up for any public discussion. None. Mr. Kremhelmer opened up for further discussion from the commissioners or for a motion. Motion by Najjar, supported by D’Angelo, in the case of PZBA15-0006, Kemp & Peyerk Sterling LLC, 5980 Progress Drive, to approve an 8’ front yard setback 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 Zoning Board of Appeals Regular Meeting of March 26, 2015 Page 6 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 ground to revoke the variance. The following finding of facts are noted: 1. The parcel is located on a dead end street zoned and developed for industrial uses. 2. All parcels on Progress Drive were developed by the petitioner, Kemp & Peyerk, and all but the last parcel is owned as well. 3. The granting of the variance will permit the building to meet minimum ordinance standards and increase its long term viability and functionality. Mr. Kremhelmer asked for any discussion on the motion. Ayes: Najjar, D’Angelo, Kremhelmer, Militello, Washburn, Wawrzyniak Nays: None Absent: Graef Motion carried. PZBA15-0007 – ABRO HOLDINGS, LLC Requesting Board approval for a Use Variance to allow a C-3 (General Business) use in an OR (Office Research) zoning district. West side of Mound Road between Fox Hill Drive and 17 Mile Road in Section 20. Property Address: 38435 Mound Road. Mr. Kremhelmer asked Mr. Mende to provide background on the case. Mr. Mende stated this property is zoned OR (Office Research) and in 2005, the Board granted a Use Variance which permitted the construction and use of the property for the Knights of Columbus (K of C) hall, however the motion to approve at that time included conditions. Two of the conditions were the use be limited as a Knights of Columbus hall and secondly the banquet hall and parties be for members only. The K of C has since moved out of the building and has attempted to be leased with no success. The only other use that could go in would be a fraternal organization. As a result the petitioner is asking the variance be amended in order to utilize the building for restaurant and banquet uses. The building is approximately 9,000 square feet and the area available for proposed patron dining is 5465 square feet. Mr. Kremhelmer opened for anyone associated with the case and commented that since this is a Use Variance, and one commissioner is missing, would they like to continue or postpone? Petitioner, Phil Ruggeri of 43231 Schoenherr, Sterling Heights, stated he would like to continue. Mr. Ruggeri stated that this property sets back substantially on the west side of Mound Road about 800 feet and there is very limited use of this property. Mr. Ruggeri’s client has basically taken the same use, which was done by a non-profit organization, and using the same method only making it a public use and under private enterprise. Mr. Ruggeri stated that it’s not changing any of the uses, but adding a tax base because it would be an enterprise as public Zoning Board of Appeals Regular Meeting of March 26, 2015 Page 7 purposes and for private use opposed to non-profit. Mr. Ruggeri mentioned that his client, Randy Abro, the key principle for the corporation, the landlord and the owner of the property are all present if any questions need to be answered. Mr. Kremhelmer opened up for discussion from the commissioners. Mr. Wawrzyniak asked what the hours of operation would be and if any bands or live entertainment are planned? Mr. Ruggeri stated that they would be similar to the Knights of Columbus and not to exceed 1:00 am. As for entertainment, there most likely would be DJs or some sort of music for the banquet facility. Mr. D’Angelo asked Mr. Mende if there are any limitations or regulations on the hour of operation for a restaurant / banquet hall. Mr. Mende stated that there are no limits per any city codes and ordinance of hours of operation. Certainly they would need to comply with noise requirements. If they were to require a liquor license, that would be handled through the City Clerk’s office and City Council. Mr. D’Angelo asked Mr. Ruggeri if they have a liquor license secured already. Mr. Ruggeri stated that is there next step. This is their first phase. Mr. D’Angelo asked Mr. Ruggeri that since this property is so set back from the road is there any need for extra signage at this point. Mr. Ruggeri stated they may need to come back for that if there is a need for it but the existing sign that is there is fine. Mr. Kremhelmer asked Mr. Ruggeri what the capacity of the place is. Mr. Ruggeri referred to his client, Randy Abro and Randy mentioned roughly 350 – 400. Mr. Mende commented that the floor plan has yet to be reviewed by the Building Department and Fire Marshall. They will require a more detailed seating plan and he suspects the number may be lower than that once they get the floor plans. Mr. Kremhelmer asked if he remembers correctly that parking is not going to be an issue. Mr. Mende stated that it will not. Mr. D’Angelo asked Mr. DeNault if they need to revoke any of the previous conditions for approval of the K of C Hall because they do travel with the property or would this trump over the previous conditions? Mr. DeNault stated that because of the abandonment, it no longer runs with the land in the sense that the prior use has abandoned the property and left it to the future / current owner. Mr. DeNault feels that raising this question does make a good record that this is now gone and a new request is being granted. If not granted, it would result in it being reverted back to its original zoning use. Mr. Kremhelmer asked for any other further discussion from the commissioners. Mr. Kremhelmer opened up for any public discussion. None. Call for motion. Zoning Board of Appeals Regular Meeting of March 26, 2015 Page 8 Motion by Militello, supported by Najjar, in the case of PZBA15-007 – Abro Holdings, LLC, 38435 Mound Road, to approve the requested 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. The following finding of facts are noted: 1. The parcel is located on a Regional Thoroughfare; 2. The property has been used for a banquet and meeting rooms since 2005, and; 3. The granting of the variance will permit the building to meet minimum ordinance standards, increase its long term viability and functionality, and result in the adaptive re- use of a limited use facility. Mr. Kremhelmer asked for any discussion on the motion. None. Mr. Washburn asked the petitioner how long the building has been vacant? Mr. Ruggeri stated about six months. Ayes: Militello, Najjar, Washburn, Wawrzyniak, D’Angelo, Kremhelmer Nays: None Absent: Graef Motion Carried. APPROVAL OF MINUTES: Motion by Militello, supported by Najjar, to approve the minutes of the February 26, 2015 meeting. Ayes: Militello, Najjar, Wawrzyniak, D’Angelo, Kremhelmer Abstain: Washburn Nays: None Absent: Graef Motion carried. NEW BUSINESS None Zoning Board of Appeals Regular Meeting of March 26, 2015 Page 9 OLD BUSINESS None PUBLIC PARTICIPATION None MOTION TO ADJOURN Motion by Militello, supported by Washburn, to adjourn. Ayes: Militello, Washburn, Wawrzyniak, D’Angelo, Kremhelmer Nays: None Absent: Graef Motion carried. The meeting adjourned at 7:45 P.M. Respectfully submitted, Bruce Kremhelmer, Chairman Zoning Board of Appeals