Zoning Board of Appeals

STERLING HEIGHTS ZONING BOARD OF APPEALS REGULAR MEETING CITY HALL SEPTEMBER 24, 2015 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI SUBJECT: Minutes of the Regular Meeting of the Zoning Board of Appeals held September 24, 2015. Mr. D’Angelo called the meeting to order at 7:00 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 Chris McLeod, City Planner Don DeNault, City Attorney APPROVAL OF AGENDA Moved by Washburn, supported by Najjar, to approve the agenda. Ayes: Washburn, Najjar, Ujkic, Wawrzyniak, D’Angelo, Graef, Militello Nays: None Absent: None Motion carried. CORRESPONDENCE None PZBA15-0022 – BRIAN SHARRAK Requesting board approval for a 4’ rear yard setback variance. South side of Hall Road between Schoenherr and Westbrook Drive in Section O1. Property Address: 13630 Hall Road. Mr. D’Angelo asked Mr. Mende to provide background on the case and mentioned that the materials provided with the staff report states a 31’ rear yard setback. Mr. Mende stated that is correct and the 31’ rear yard setback would result in a 4’ rear yard for the proposed building. This is the Marathon located at the southeast corner of Hall Road and Schoenherr. The petitioner is proposing to have a complete rebuild of this property, tearing down the former gas station and car wash, and rebuild a brand new station at this site. In order to accommodate the layout, the petitioner is asking for the rear yard variance pushing the building closer to the rear lot line. The property is zoned C-3 and all the abutting properties, including the Toys R Us, are zoned C-2 (Planned Comparison Business). The C-2 zone does allow up to a zero lot line development. Backing up to this property is lawn area and the loading and unloading zone for the Toys R Us property. Mr. D’Angelo stated that having a discussion with Mr. DeNault with the agenda being posted incorrectly with the 4’ rear yard setback variance rather than a 31’ rear yard setback variance, maybe it should be reposted with the correct variance and this case be postponed a month until the next meeting in October. Mr. D’Angelo asked if any of the board would like to speak on this before proceeding. Zoning Board of Appeals Regular Meeting of September 24, 2015 Page 2 Mr. DeNault stated he is just concerned that 4’ and 31’ are pretty dramatic differences and if the notice to all the neighboring properties went out indicating a 4’ rear yard setback variance that may not alarm anyone but if someone was concerned about a 31’rear yard setback variance, they may want an opportunity to speak or send a letter to the board. It is just such a dramatic difference in his view that it cannot even be considered the same request. Mr. Mende stated he does agree with Mr. DeNault and did verify that the notice sent to the newspaper was advertised in the same fashion and not the correct variance. Being that it went out to the newspaper as well as the neighboring properties this way, he also feels this item should be postponed. Mr. D’Angelo asked the board for a motion to postpone. Motion by Militello, supported by Washburn, to postpone Case PZBA15-0022 – Brian Sharrak until the October 22, 2015 meeting. Ayes: Militello, Washburn, Wawrzyniak, Graef, Najjar, Ujkic, D’Angelo Nays: None Absent: None Motion Carried. Mr. D’Angelo apologized to the petitioners on behalf of the city that the case was posted incorrectly but as a matter of process, the case needed to be postponed. PZBA15-0023 – LISA LAWCHYN / IMAGEONE INDUSTRIES, INC. (DICK’S SPORTING GOODS) Requesting Board approval for an 83 square foot variance for a wall sign. South side of Hall Road between Oleander Drive and Schoenerr Road in Section 02. Property Address: 13050 Hall Road. Mr. D’Angelo asked Mr. Mende to provide background on the case. Mr. Mende stated Dick’s Sporting Goods is building a 49,000 square foot building along Hall Road, west of Schoenherr. The property is zoned C-2 (Planned Comparison Business). There is a mini storage warehouse located to the east and the high-rise Sterling Town Center office building located to the west. The Zoning Ordinance does allow one wall sign for this tenant. The maximum size of the sign is 10% of their front facade but not to exceed 200 square feet in area. In this instance, there is quite a bit of frontage for the Dick’s Sporting Goods, utilizing the 10% rule, approximately 400 square feet would be allowed. However, we do have the 200 square foot maximum. The petitioner is requesting this variance based on the fact that the building sits back approximately 650 feet from the center line of the eastbound lanes of Hall Road as well as that site plans are being processed that indicate two additional buildings will potentially located in front of Dick’s Sporting Goods close to Hall Road and that would further limit the exposure of the building and signage. Mr. D’Angelo opened for the petitioner. Mr. Thomas Gianni with Imageone Industries representing Dick’s Sporting Goods was present. Mr. D’Angelo stated that he did not see Mr. Gianni’s name listed anywhere for this case. Mr. Mende stated that Ms. Lawchyn did send an email stating that Mr. Gianni would be representing the firm. Mr. Gianni stated that Dick’s Sporting Goods is closing down the store in Utica and relocating. The building is set back 650 feet from the roadway and there are buildings obstructing the clear view of the store. This building will be an exact prototype that Dick’s builds throughout the Zoning Board of Appeals Regular Meeting of September 24, 2015 Page 3 country and the signage they are looking for is their national logo. The sign measures 283 square feet which is an additional 83 square feet above what the ordinance allows. Mr. D’Angelo asked for any questions from the board. Mr. Graef asked the petitioner if the prototype and size of the sign is typically what Dick’s Sporting Goods has as their model for the size of their signs. Mr. Gianni stated that is correct. Mr. D’Angelo asked the petitioner if he has any information or data on the distance from the road backing up the need for this sign size and how tall the letters would be on the Dick’s sign. Mr. Gianni stated the letter D is 96 inches and stated that there are calculations that have been done on how bold and the stretch of the letter, but Dick’s is more condensed. Mr. D’Angelo asked Mr. Mende the speed limit and how many lanes wide M-59 is at this location. Mr. Mende stated four lanes eastbound and the speed limit is 45 mph. Mr. D’Angelo asked if it was safe to say that the Sterling Town Center office building is the tallest building in the city as well and that would be blocking the visibility of people traveling eastbound on Hall Road. Mr. Mende stated that is correct and that the Dick’s Sporting Goods does sit further to the south than the Sterling Town Center. Mr. Wawrzyniak asked if this property will have a monument sign at the front of the site showing Dick’s Sporting Goods and the sign being requested is on the building. Mr. Gianni stated yes the sign being requested will be on the building and there is a monument sign. Mr. Wawrzyniak asked the petitioner that if the monument sign will be maximized to the ordinance. Mr. Gianni stated that is the landlord’s pylon sign for the entire development and he has already permitted the whole sign. Dick’s Sporting Goods would just be occupying a “panel” on that sign. Mr. Washburn stated that he did not understand the answer regarding the ground sign. Mr. Gianni stated that Dick’s Sporting Goods would only have one of the panels of the ground sign which is a community pylon with all the tenants listed in the shopping center. Mr. Washburn asked if he knew how big that sign would be. Mr. Gianni stated that he does not and has not seen the plans for that. Mr. D’Angelo asked Mr. Mende if proposed restaurants on this site could have their own monument signs or would they be on the community sign. Mr. Mende stated they would be on the community sign. The ordinance only permits one ground sign per legal description. If all on one parcel, it would be a community sign. Zoning Board of Appeals Regular Meeting of September 24, 2015 Page 4 Mr. D’Angelo asked Mr. Mende if he recalls any previous cases where there have been buildings set back 500 or 600 feet and the Zoning Board of Appeals has approved larger signs. Mr. Mende stated that at the 14 Mile Road and Van Dyke shopping center, they have received variances for larger signs as well as the MJR Theatre at 15 Mile and Van Dyke. These areas also have similar lane configurations and speed limits. Mr. D’Angelo asked for any other questions from the board. There was none. Mr. D’Angelo opened for public participation. Mr. Ron Estes stated he is here on behalf on Center Management and Thomas Costello, the property owner. Mr. Estes stated that one of the reasons Dick’s is moving is they do want the increased visibility they can achieve on Hall Road and is here if there are any further questions. Mr. D’Angelo stated they cannot ask any questions during public participation but glad to know that he is present. Mr. D’Angelo asked for any other public participation. There was none and called for a motion. Mr. Washburn asked Mr. Estes what type of shopping center they are proposing for this location and if there is a plan for a ground sign. Mr. Estes stated that the Dick’s is 50,000 square feet and they have Planning Commission approval for 2 out lot buildings, for two 5,000 square restaurants for example, in front of that and then up to 50,000 square foot of additional retail next to Dick’s. It is not truly a shopping center per se. A community ground sign has been shown in the site plan. Mr. D’Angelo asked for any other discussion. There was none and called for a motion. Motion by Militello, supported by Najjar, in case PZBA15-0023, Lisa Lawchyn / Imageone Industries, Inc. (Dick’s Sporting Goods), 13050 Hall Road, to approve the 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 during the 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. The following Findings of Facts is noted: 1. The building is approximately 650 feet from the center line of eastbound Hall Road; 2. The sign and the building will be partially obstructed by new structures along Hall road frontage. Zoning Board of Appeals Regular Meeting of September 24, 2015 Page 5 Mr. D’Angelo asked for any discussion on the motion. Mr. Washburn asked if the motion should state that the Sterling Town Center office building, located to the west and being the tallest building in the city, would obstruct visibility. Mr. D’Angelo stated yes. Mr. Militello stated he would amend his motion with this addition, supported by Najjar. Mr. D’Angelo asked for any further discussion on the motion. There was none. Ayes: Militello, Najjar, Ujkic, Washburn, Wawrzyniak, D’Angelo, Graef Nays: None Absent: None Motion Carried. ELECTION OF OFFICERS Mr. Mende stated the process will begin with nominations for the Office of Chairman and for any nominations, the nominee will either accept or decline the nomination. If there is only one nomination, then that person can be elected by acclamation. If there are more than two nominations, then it will go to the written ballot. Mr. Mende stated that at this time, nominations for Office of Chairman will be taken. Mr. Washburn nominated Mr. Derek D’Angelo for Office of Chairman. Mr. Najjar supported the nomination. There were no other nominations and Mr. D’Angelo accepted the nomination. Mr. Mende closed the nominations and Mr. D’Angelo was elected by acclamation. Mr. Mende asked for nominations for Office of Vice Chairman. Mr. Najjar nominated Mr. Raymond Washburn for Office of Vice Chairman. Mr. Washburn respectfully declined the nomination and Mr. Militello nominated Mr. David Graef for the Office of Vice Chairman. Mr. Najjar supported the nomination. There were no other nominations and Mr. Graef accepted the nomination. Mr. Mende closed the nominations and Mr. Graef was elected by acclamation. Mr. Mende asked for nominations for the Office of Secretary. Mr. Najjar nominated Mr. Pashko Ujkic for Office of Secretary. Mr. Graef supported the nomination. There were no other nominations and Mr. Ujkic accepted the nomination. Mr. Mende closed the nominations and Mr. Ujkic was elected by acclamation. Zoning Board of Appeals Regular Meeting of September 24, 2015 Page 6 APPROVAL OF MINUTES: Motion by Militello, supported by Graef, to approve the minutes of the August 27, 2015. Ayes: Militello, Graef, Najjar, Ujkic, Wawrzyniak, D’Angelo Nays: None Absent: None Abstained: Washburn 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, Najjar, Ujkic Nays: None Absent: None Motion Carried. The meeting adjourned at 7:33 P.M. Respectfully submitted, Derek B. D’Angelo, Vice Chairman Zoning Board of Appeals