Zoning Board of Appeals

STERLING HEIGHTS ZONING BOARD OF APPEALS REGULAR MEETING CITY HALL OCTOBER 22, 2015 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI SUBJECT: Minutes of the Regular Meeting of the Zoning Board of Appeals held October 22, 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, and Aaron Wawrzyniak Members absent at roll call: None Also in attendance: Chris McLeod, 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 PZBA15-0022 – BRIAN SHARRAK Requesting Board approval for a 31’ rear yard setback variance - south side of Hall Road between Schoenherr Road and Westbrook Drive in Section 01. Property Address: 13630 Hall Road Mr. D’Angelo asked Mr. McLeod to provide background on the case. Mr. McLeod stated the subject property is 200’ X 200’ and is developed with the Lakeside Marathon. The subject property is zoned C-3 (General Business), and the ordinance requires a rear yard setback of 35’. All abutting properties to the south and east are zoned C-2 (Planned Comparison Business) and are developed with commercial buildings (Toy’s R Us, Petco, Olive Garden). The petitioner intends to demolish the existing self-service gasoline station and rebuild a new and modern gasoline and convenience store. Mr. McLeod stated the petitioner intends to construct a new structure of roughly 5,430 square feet. The building is intended to be constructed of all brick with a metal shingled roof. New pump canopies will be constructed with brick columns and covered with a standing seam metal roof to match the principal building. The property rears to the loading / unloading zone for Toy’s R Us. The ordinance requires a 35’ rear yard for the C-3 (General Business) zone, which is the district the gas station is in. However, the C-2 (Planned Comparison Business) zone, which is what all the other abutting properties are zoned, does permit a relaxed setback when abutting like zoning. If the gas station were zoned C-2 (Planned Comparison Business), no variance would be necessary. The petitioner is not requesting a variance that is out of character with the surrounding structures, as it is all brick and abut the loading / unloading zone. Mr. D’Angelo opened for the petitioner. Zoning Board of Appeals Regular Meeting of October 22, 2015 Page 2 Mr. Ghassan Abdnour with GAV & Associates, Inc., the design firm that is representing the petitioner Brian Sharrak was present. Mr. Abdnour stated that the existing gas station currently has a car wash on the side of the building which makes it a very tight situation. They are planning to demolish the existing building and build a new building and push it to the back to make a circulation in the front. The existing gas station has two pumps stacked behind each other and the petitioner would like to make one line of pumps and create maneuvering lanes of 24 feet or more to provide accessibly for customers. The new building will also be modernized. Mr. Militello asked for Mr. Abdnour to present his drawings. Mr. D’Angelo asked for the approximate square footage of the existing building and what the new building square footage will be. Mr. Abdnour stated the existing building is approximately 1800 – 2000 square feet with the car wash on the side which is about 900 square feet. The new building will be approximately 5,300 square feet. Mr. D’Angelo asked if they were adding additional gas pumps. Mr. Abdnour stated there are two pumps stacked behind each other and there are actually six pumps and they will be removing one for accessibility along with creating more parking for customers who wish to come into the building. The new building will be more open, which will result in less congestion. Mr. D’Angelo asked the Planner what they have for C-2 (Planned Comparison Business) vs C-3 (General Business) and is it normal to have a C-3 (General Business) parcel on a corner lot on a main road and have C-2 (Planned Comparison Business) zoning around it. Mr. McLeod stated that is relatively normal due to the fact that the C-3 (General Business) is a little more of an intensive district and for a gas station type of use, that is the type of zoning that they need to have there. Mr. D’Angelo stated that for this C-3 area that they are planning to move back into the setback, this is actually the rear of the current Toy’s R US building and they are not impacting the front. Mr. McLeod stated that is correct. In this situation, you have a rear to rear relationship so the impact is less from the standpoint that this is solely the very back of the gas station and not much activity is proposed with the minimal setback there. Therefore, in the terms of impact to the general public or pedestrians, you will not have a significant impact at this location. Mr. D’Angelo asked for any other questions for the petitioner. Mr. D’Angelo stated that in the redesign of this property and trying to make sure the flow through of traffic is better, were there any other options that were looked at that would still meet the setback variance to the rear and still function. Mr. Abdnour stated that pushing the building to the front would cause them to lose the parking lot and half of the main maneuvering lane as shown on this drawing. It would again, become a very tight and congested area. Mr. Najjar stated that according to the State of Michigan, there is a law that states the site of payment and selection of alcohol has to be 50’ away from the gasoline pumps to get an alcohol license. Therefore, if this building is pushed to the front, they would automatically be disqualified for an alcohol license. Zoning Board of Appeals Regular Meeting of October 22, 2015 Page 3 Mr. D’Angelo asked if there is anything in the rear that could cause any type of concern. Mr. Abdnour stated the rear of the building is designed to match the front of the building. Mr. Washburn stated he is ready to vote on this one. He indicated the petitioner is making the site more user friendly, they maintain the site beautifully, and there is no impact on any surroundings. Mr. D’Angelo asked if there are no other questions from the Board. None. Mr. D’Angelo opened up for questions from the public. Being none, called for a motion. Motion by Militello, , supported by Najjar, in the case of PZBA15-0022, Brian Sharrak, 13630 Hall Road, 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; 3. A Hold Harmless Agreement, in favor the 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 is noted: 1. The parcel is undergoing a significant upgrade; 2. The parcel abuts a loading / unloading area of an adjacent commercial business; 3. The proposed construction will be compatible with the adjacent uses. Ayes: Militello, Najjar, Ujkic, Washburn, Wawrzyniak, D’Angelo, Graef Nays: None Absent: None Motion Carried. APPROVAL OF MINUTES: Mr. Washburn has a question on page five where it states that he nominated Mr. Graef as Vice Chairman. He does not recall making that nomination. It was discussed and determined that Mr. Najjar made the nomination and Mr. Washburn supported it. This will need to be corrected. Mr. D’Angelo asked for any other adjustments or discussion. Being none, called for a motion. Motion by Militello, supported by Washburn, to approve the amended minutes of the September 24, 2015 meeting. Zoning Board of Appeals Regular Meeting of October 22, 2015 Page 4 Ayes: Militello, Washburn, Wawrzyniak, D’Angelo, Graef, Najjar, Ujkic 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 7:22 P.M. Respectfully submitted, Derek B. D’Angelo, Chairman Zoning Board of Appeals