Zoning Board of Appeals

STERLING HEIGHTS ZONING BOARD OF APPEALS REGULAR MEETING CITY HALL JULY 16, 2015 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI SUBJECT: Minutes of the Regular Meeting of the Zoning Board of Appeals held July 26, 2015. Mr. D’Angelo called the meeting to order at 7:04 P.M. Members present at roll call: Derek D’Angelo, David Graef, Stefano Militello, Nick Najjar, Pashko Ujkic, 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 Militello, supported by Najjar, to approve the agenda. Ayes: Militello, Najjar, Ujkic, Washburn, Wawrzyniak, D’Angelo, Graef Nays: None Absent: None Motion carried. CORRESPONDENCE None PZBA15-0016 – LENA SINISHTAJ Request for a 17’ front yard setback variance. Southwest corner of Four Lakes Drive and Cove Court in Section 1. Property Address: 43355 Cove Court Mr. D’Angelo asked Mr. Mende to provide background on the case. Mr. Mende stated this item was postponed from the last meeting since the petitioner was not present. The property is located on Cove Court and is a corner lot and the petitioner intends to construct an in-ground pool in the rear yard and also where the lot sides to Four Lakes Drive. Mr. Mende stated that because this is a corner lot, it has to abide by a larger setback on that side street. Mr. D’Angelo opened up for the petitioner. Ms. Lena Sinishtaj, petitioner, presented her submitted drawings and stated that her house is set back further than all the other houses. Her backyard is more narrow and she feels that placing the pool directly behind the house would be a safety issue. She feels placement of the pool in the drawings fits best in the backyard. Mr. Jon Sinishtaj, Ms. Sinishtaj’s brother, also present, stated that the placement of the pool per the drawings, is the best fit for Ms. Sinishtaj’s backyard. Mr. D’Angelo opened up for questions from the board. Mr. Washburn asked Mr. Mende what the typical lots for this subdivision are. Zoning Board of Appeals Regular Meeting of July 16, 2015 Page 2 Mr. Mende stated the subject parcel is zoned R-70 (One Family Residential) and requires the minimum of 70’ wide lots. Mr. Washburn asked Mr. Mende and then the corner lots would be what width. Mr. Mende stated 90’. Mr. Ujkic asked the petitioner on the construction of the fencing. Mr. Sinishtaj stated that on the two sides, there will be a privacy fence but towards the street side and the driveway, they intend on going with an aluminum wrought iron looking fence. Mr. Ujkic is asking about the fence to verify that the pool will be secure from passerby kids. Mr. Sinishtaj stated that yes, it would be secured and also landscaped and he also presented a 3-D photo of the projected proposal. Mr. Ujkic asked Mr. Mende if all requirements have been met. Mr. Mende stated yes and that the petitioner applied to the building department for all the proper permits and that is when it was flagged for the setback variance and the setback variance is the only issue they have. Mr. Washburn asked Mr. Mende if he has any idea of how many pools are in the city that are 40’. Mr. Mende stated that he does not. Mr. D’Angelo asked Mr. Mende if this was an interior piece of property, how close to the property line could they build the pool. Mr. Mende stated 3’ and if it was an interior lot, it would not require a variance. Mr. D’Angelo asked Mr. Mende that the side yard is basically looked at as their front yard for legal terminology. Mr. Mende stated that is correct. Mr. D’Angelo asked for any public participation. Being none, asked for any further discussion or questions from the board or a call for motion. Motion by Militello, supported by Najjar, in the case of PZBA15-0016, Lena Sinishtaj, 43355 Cove Court, I move 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; Zoning Board of Appeals Regular Meeting of July 16, 2015 Page 3 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 findings of fact are noted: 1. The parcel is an unusually shaped corner lot. 2. The rear yard is encumbered with a sump discharge line, electrical meter, air conditioning unit. 3. The pool is an in-ground pool with a privacy fence which will not be visible from off site. Mr. D’Angelo asked for any discussion on the motion. Mr. DeNault asked the maker of the motion, if the findings of fact are also to be intended as conditions that will remain unchanged, specifically to the privacy fence. Mr. Militello stated yes. Mr. Najjar supported the condition. Mr. Washburn stated the air conditioner is located on the side of the house, outside of the house, out of the way of the location of the pool. Mr. D’Angelo asked Ms. Sinishtaj if it is located right behind the house. Ms. Sinishtaj stated that it is located right next to the door wall and she was thinking about getting it moved. However, after talking about it, she felt she didn’t necessarily need to move it and could box it in with landscaping. Ayes: Militello, Najjar, Ujkic, D’Angelo, Graef Nays: Washburn, Wawrzyniak Absent: None Motion Carried. PZBA15-0017 – HALL ROAD EXECUTIVE PLAZA Request for Board approval for a Use Variance to permit a C-3 (General Business) use in an O-1 (Business and Professional Office) Zone - Northeast corner of Mound Road and 19 Mile Roads in Section 14. Property Address: 43028 Mound Road. Mr. D’Angelo asked Mr. Mende to provide background on the case. Mr. Mende stated a drive-through restaurant is proposed for the corner of Mound and 19 Mile Roads, located in the Vineyards Office Complex. The area of the building is 1700 square feet. This development has three office buildings fronting 19 Mile Road and Mound Road. These three office buildings completely surround the vacant piece on the corner itself. Property to the south is zoned C-3 (General Business) and M-1 (Light Industrial) and is developed with a gasoline self-serve station and light industrial buildings. To the west across Mound Road the property is zoned C-1 (Local Convenience Business) and is developed with a strip commercial center. The petitioner has indicated that Jimmy John’s sandwich shop is interested in constructing a free standing building on this site, with a 10 year lease. Mr. D’Angelo opened for the Petitioner. Zoning Board of Appeals Regular Meeting of July 16, 2015 Page 4 Sam Palazzolo, petitioner and owner, present. Mr. Palazzolo stated that they have owned the property for roughly 15 years with no luck at getting leased as an office but now have a user for a drive through restaurant. They are proposing a 1700 square foot single user sandwich shop with a drive-through window and the interest is not for a traditional, high intensity fast food restaurant, using or utilizing deep fryers and/or smoke grills. Mr. Palazzolo also stated they currently do have a letter of intent from Jimmy John’s upon approval with the hours of operation being 10:00 am to 10:00 pm with their busiest hours being between 11:30 am to 6:00 pm. Mr. Wawrzyniak asked if there will be any interior eating and if there is any type of shared agreement for parking with the other office buildings. Mr. Palazzolo stated there will be interior eating and a drive through. They own the other buildings as well and it is a site condominium so there is shared parking with all the users, customers and employees. Mr. Wawrzyniak asked what type of businesses are in the other buildings. Mr. Palazzolo stated there is a property management company, a nursing home care facility office, a title company, and one is a medical user. Mr. Washburn asked how close to a residential area are they and what is located on all the corners or 19 Mile Road and Mound? Mr. Palazzolo stated they are more than a couple hundred feet from residential area and stated there is a gas station on the Southeast corner, a 7-11 on the Northwest corner, and the property located Southwest is vacant. Mr. DeNault asked the petitioner if the building proposed is to be on the same parcel as the site condominium and if so, does the Master Deed allow this. Mr. Palazzolo stated yes and the master deed does allow this. Mr. D’Angelo asked Mr. Mende if all the setback requirements are being met just as if they were for an office building. Mr. Mende stated all the setback requirements are in conformance. Mr. D’Angelo asked the petitioner what type of clientele would be serviced by this restaurant. Mr. Palazzolo stated it would service a lot of the office buildings surrounding and around Mound Road along with the residence in the area. Mr. D’Angelo asked Mr. Mende if this is in harmony if this was an office building. Mr. Mende that is correct. Mr. Wawrzyniak asked Mr. Mende if they meet all the parking requirements for mixed use condominium. Mr. Mende stated yes they do. Mr. Washburn asked if anyone was present from Jimmy Johns. No one present. Mr. Wawrzyniak asked if the drive through window will be off of 19 Mile Road. Mr. Palazzolo stated that is correct. Zoning Board of Appeals Regular Meeting of July 16, 2015 Page 5 Mr. D’Angelo asked for any other questions from the board. Being none, opened up for questions from the public. Julio Russo, resident of Sterling Heights, stated he is not opposed but feels everything should conform. Parking and a separation wall between the offices and building are a concern. Mr. Washburn stated the property is not being rezoned. It will stay as is. Mr. D’Angelo asked for any other questions from the public. Being none, brought back to the Board. Mr. Mende stated there is no wall requirement and the property is zoned O-1 (Business and Professional Office). The ordinance does allow shared parked between users. Even if property ownership changed, this would remain in effect. Mr. D’Angelo asked Mr. Mende that if Jimmy Johns goes out of business, this would still remain office in zoning. Mr. Mende stated this is correct and as the petitioner has stated, he is not intending a heavy intense fast food restaurant. If Jimmy Johns does go out of business and the new tenant does not meet these parameters, then it would need to come back to the board for approval. Mr. D’Angelo asked how many parking spaces would be required, if commercial, for a restaurant in this size. Mr. Mende stated eight parking spaces and is based off the square footage of the building. Mr. D’Angelo asked for any further questions from the board. Being none, called for a motion. Motion by Militello, supported by Graef, in the case of PZBA15-0017, Hall Road Executive Plaza, LLC, 43028 Mound Road, to approve a use 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 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; 4. That the petitioner shall develop, maintain and operate incompliance with all pertinent codes, ordinances and standards of the City of Sterling Heights, County of Macomb and the State of Michigan; The following findings of fact are noted: 1. The location meets all Special Land Use requirements for a restaurant with drive through;  2. The property is located on a major and regional thoroughfare; 3. The use will provide a service to the neighboring industrial businesses and environs; 4. The use of the building is restricted in that the restaurant use is limited to moderate uses such as sandwich, bagel, and coffee shops. More intensive uses will require additional review by the Board. Mr. D’Angelo asked for any discussion on the motion. None Ayes: Militello, Graef, Najjar, Ujkic, Washburn, Wawrzyniak, D’Angelo Nays: None Absent: None Motion Carried. APPROVAL OF MINUTES: Mr. Washburn stated the minutes need to be amended regarding Friendly Outdoor Storage and the elevation difference of 14 feet between the sites. This is listed as part of the motion bu5t would like it to be listed as part of the discussion. Mr. Mende stated a motion to approve the minutes as noted is fine and he will review the tape and make any necessary additions to the discussion in the appropriate place within the minutes. Motion by Militello, supported by Najjar, to approve the minutes of the June 25, 2015 as noted. Ayes: Militello, Najjar, Ujkic, Washburn, Wawrzyniak, D’Angelo, Graef Nays: None Absent: None Motion carried. NEW BUSINESS None OLD BUSINESS None PUBLIC PARTICIPATION None MOTION TO ADJOURN Motion by Militello, supported by Najjar, to adjourn. Ayes: Militello, Najjar, Ujkic, Washburn, Wawrzyniak, D’Angelo, Graef Nays: None Absent: None Motion carried The meeting adjourned at 7:39 P.M. Respectfully submitted, Derek B. D’Angelo, Vice Chairman Zoning Board of Appeals