Zoning Board of Appeals

STERLING HEIGHTS ZONING BOARD OF APPEALS REGULAR MEETING CITY HALL NOVEMBER 19, 2015 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI SUBJECT: Minutes of the Regular Meeting of the Zoning Board of Appeals held November 19, 2015. Mr. Ujkic called the meeting to order at 7:01 p.m. Members present at roll call: Stefano Militello, Nick Najjar, Pashko Ujkic, Ray Washburn, Aaron Wawrzyniak Members absent at roll call: Derek D’Angelo, Excused. David Graef, Excused. Also in attendance: Chris McLeod, City Planner Don DeNault, City Attorney APPROVAL OF AGENDA Moved by Militello, supported by Washburn, to approve the agenda. Ayes: Militello, Washburn, Wawrzyniak, Najjar, Ujkic Nays: None Absent: D’Angelo, Graef Motion carried. CORRESPONDENCE None PZBA15-0025 – ARTURO CABRERA – AT&T Requesting Board approval for a temporary waiver to the hard surfacing parking requirement - east side of Van Dyke between 15 Mile Road and Irving Road. Property Address: 34480 Van Dyke. Mr. Ujkic explained to the petitioner, Arturo Cabrera, that only five members of the board are present and four votes are still required for approval; therefore, the petitioner does have an option to postpone. Petitioner, Mr. Cabrera, stated he would like to proceed. Mr. Ujkic asked Mr. McLeod to provide background on the case. Mr. McLeod stated the approval is for a temporary waiver within the Zoning Ordinance itself for the paving requirements for a specified period of time. Section 23.03(F) allows the Zoning Board of Appeals to grant such a waiver for a specified period of time. The site itself is the AT&T center located at 34480 Van Dyke. The properties abutting to the north are zoned C-3 (General Business) and utilized for the existing motel. The properties to the east are zoned O-2 (General Office), while the properties to the south are zoned C-3 (General Business). The properties to the west, across Van Dyke Ave, are zoned M-1 (Light Manufacturing) and is developed as the BAE Systems Facility. The petitioner intends to construct a gravel parking area for approximately thirty-one service vehicles. The petitioner has indicated a formal site plan and paved parking / storage area will be sought for a larger area in the near future. That Zoning Board of Appeals Regular Meeting of November 19, 2015 Page 2 site plan will require Planning Commission approval as that property will abut residential property. Mr. McLeod stated they did meet with AT&T and they are moving forward with that future phase of the expansion on the parking lot. He also stated that the petitioner intends to construct a temporary gravel parking lot for the parking / storage of thirty-one service vehicles. The proposed parking area will not be utilized by the general public. The overall gravel parking area will consist of an area of approximately 152 feet by 132 feet and will extend eastward from the rear of the existing building along the north side of the existing parking lot. The parking area will be accessed through the existing parking lot onsite and will not require an additional curb cut to Van Dyke. The parking spaces in the gravel parking area will be demarcated by the use of bumper blocks. Mr. Ujkic opened the case for the petitioner. Mr. Arturo Cabrera, petitioner, stated he is a project manager with EXP, the Design Engineers for the project. He also has with him Phyllis Davey with AT&T and Art, a Civil Engineer. Ms. Phyllis Davey presented drawings and stated this location is a central office along with having the U-Verse technicians which makes over 150 people that report to this location. The U-Verse technicians do take up two parking spaces with their personal and their business vehicles so additional parking is needed. Mr. Ujkic asked if there were any questions from the board. Mr. Wawrzyniak has a concern with the parking lot located at the north property line and once the temporary time period is over, are they planning on replacing the gravel with grass. Ms. Phyllis Davey stated that once this is removed, this will be part of the permanent lot. Current planning for this area is taking place. Mr. Militello asked Mr. McLeod if they have to post a bond for this and what the timeframe is. Mr. McLeod stated they will have to provide an acceptable financial guarantee as part of the ordinance requirements. The acceptable number will be determined by the Engineers. He stated the timeframe for the waiver shall not exceed twelve months which gives ample time for the construction of the permanent lot. Mr. Ujkic asked if there are any procedures or has anything been looked at in regards to dust that the gravel would generate. Ms. Phyllis Davey stated that it is a pretty wooded area behind the location and does not see dust getting to the neighboring residents. Mr. Ujkic asked for any further questions from the board. Being none, opened up for public participation. Being no public participation, Mr. Ujkic asked for any further discussion or questions from the board or call for motion. Motion by Militello, supported by Najjar, in the case of PZBA15-0025, Arturo Cabrera, AT&T, 34480 Van Dyke Ave, to approve the requested waiver for the requirement of a paved parking surface 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 November 19, 2015 Page 3 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 waiver 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 waiver; 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 waiver; 4. That a financial guarantee acceptable to the City be provided for the estimated cost of paving the parking area shown. The paving estimate shall reflect paving the area to meet City of Sterling Heights pavement standards and that a site plan for a permanent parking area meeting City of Sterling Heights requirements be brought forth and construction of such parking area completed (as amended below) within one year; 5. That any necessary engineering improvements regarding storm water or surface material be made as determined necessary by the City Engineer; 6. That the dumpsters which are shown as being relocated on the current are placed within permanent enclosures when the improvements for the permanent parking lot expansion are permitted; 7. The timeframe for the waiver shall not exceed twelve months. The following Findings of Facts are noted: 1. The proposed improvements are temporary. 2. The applicant has indicated that a site plan will be provided and a permanent parking lot constructed within the next year. 3. The timeframe for the waiver is for a limited period of time and is specifically permissible through the Zoning Ordinance upon Zoning Board of Appeals approval. 4. The proposed improvements are for the storage of service vehicles and will not be utilized by the general public. Mr. Ujkic asked for any discussion on the motion. Mr. DeNault asked maker of the motion, Mr. Militello, in regards to the time frame stated in the motion. As it is stated right now, construction shall commence within one year. What if they started construction in November of next year, would this waiver continue until construction is complete or are we expecting this to be completed by one year? Mr. Militello stated completed by one year. Mr. DeNault asked so is the motion set to have it complete in one year. Mr. Militello stated that is correct. Mr. Najjar supports the amended motion. Ayes: Militello, Najjar, Ujkic, Washburn, Wawrzyniak Nays: None Zoning Board of Appeals Regular Meeting of November 19, 2015 Page 4 Absent: D’Angelo, Graef Motion Carried. PZBA15-0026 – JAMES WISE Requesting Board approval for a ten foot variance to the minimum separation distance between a principal residence and a detached accessory structure - south side of Vincent Drive between Capitol Drive and Hayes Road. Property Address: 15120 Vincent Drive. Mr. Ujkic stated to the Petitioner, James Wise, that only five members of the board are present and four votes are still required for approval or the Petitioner does have an option to postpone. Petitioner, Mr. Wise, stated he would like to proceed. Mr. Ujkic asked Mr. McLeod to provide background on the case. Mr. McLeod stated the variance, if granted, would allow a detached accessory structure to be built zero feet from a principal building. Section 28.00(A) requires detached accessory structures to be built a minimum of ten feet from a principal building. The subject property consists of a single lot which has approximately ninety feet for frontage on Vincent Drive and has approximately one hundred and forty feet of depth. The lot is a corner lot and also has frontage on Cucci Drive. The subject property is zoned R-60 (Single Family Residential) and the properties abutting in each direction are also zoned R-60 (Single Family Residential) and are developed with single family residential housing units. Mr. McLeod stated that the petitioner has constructed a roof structure which covers the existing patio located at the rear of the residence. The roof structure is approximately eighteen feet in depth and approximately thirty- nine feet in width. The structure is set back thirty feet from the Cucci Drive frontage and does not extend any closer to the street than the existing principal residence. The structure is set back forty feet from the rear property line. He also stated that based on the drawings provided, the patio which the roof structure is intended to cover, is sixteen feet in depth and thirty-four feet in width. The proposed accessory structure is fifteen feet in total height with a height of eleven feet measured to the canopy soffit height. The accessory structure is supported by columns and is intended to be enclosed with a railing. With the additional roof area of the proposed roof structure, the lot coverage for the site will be approximately 26.6 percent. This conforms with the maximum permissible lot coverage permissible in the R-60 (Single Family Residential) Zoning District. It is noted that if the proposed structure were physically attached to the principal building, a variance would not be necessary. Mr. McLeod also added that for the motion to approve, Item number 4, the Building Official recommends the Board add that all necessary permits and approvals be applied for and obtained within thirty days. He also stated that he had spoken to the Fire Marshall and they do not have any objections from their stand point for the residential structure which was a concern from one of the Board members. Mr. Ujkic opened the case for the petitioner. Mr. James Wise, Petitioner and homeowner residing at 15120 Vincent Drive, stated he has with him Tom Sulliver, a builder. Mr. Sulliver stated that the purpose for the structure is to cover the existing decking and to provide shade. Mr. Ujkic asked for any questions from the Board. Mr. Washburn asked Mr. Sulliver how long he has been building and asked if no permit was requested prior to starting the project and if he is not aware of city permits and requirements pertaining to builders. Zoning Board of Appeals Regular Meeting of November 19, 2015 Page 5 Mr. Sulliver stated he did not get a permit and has been building for twenty-five years. He stated he is aware of permits but didn’t think for this type structure, it wouldn’t be necessary. Mr. Washburn asked if there is a stop work posted on this and if so, if they worked through it. Mr. Sulliver stated that there is and no they did not work through a stop work. Mr. Washburn asked Mr. Wise why he decided to go with this type of structure. Mr. Wise stated the main reason was for safety purposes. He previously had a pool and the composite deck he currently has went right to the pool which also required railings. He also added for the value of his home. Mr. Washburn asked about how high off the ground the deck is and approximately where was the pool located. Mr. Sulliver stated it is sixteen inches off the ground. Mr. Wise stated the pool was located right off the deck. Mr. Washburn asked why this type of structure and not just enclose the deck area. Mr. Wise stated it would be more expensive to enclose and has no intention of enclosing it. Mr. Ujkic asked for any other questions from the Board. Being none, opened up for public participation. Mr. John, 15131 Pietra Drive, supports. Mr. Ujkic asked for any other public participation. Being none, brought back to the Board for any further questions. Mr. McLeod stated a letter was received from 40263 Capitol Street, opposed. He also stated he had a conversation with a resident at 15144 Vincent, supports. Mr. Wawrzyniak asked if there were any other violations regarding this property other than the stop work order. Mr. McLeod stated not to his knowledge. Mr. Ujkic asked for any further questions from the Board or a call for motion. Motion by Najjar, supported by Militello, in case PZBA15-0026, James Wise, 15120 Vincent Drive, to approve the requested variance to allow an accessory structure to be built within ten feet of the principal building 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 November 19, 2015 Page 6 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. That all necessary permits and approvals are obtained from the City of Sterling Heights by the applicant for the construction of the roof structure within 30 days (as amended below). The following Findings of Fact are noted: 1. The property exceeds the minimum requirements of the R-60 Zoning District. 2. The accessory structure meets all other applicable setbacks requirements of Section 28.01. 3. The residence and the accessory structure combined meet the maximum lot coverage requirement permissible in the R-60 Zoning District. Mr. Ujkic asked for any discussion on the motion. Mr. Militello would like to amend that the permits be pulled within the next 30 days per the Building Department. Mr. Najjar supports the amended motion. Ayes: Najjar, Militello, Ujkic, Wawrzyniak Nays: Washburn Absent: D’Angelo, Graef Motion Carried. APPROVAL OF MINUTES: Motion by Militello, supported by Najjar, to approve the minutes of October 22, 2015. Ayes: Militello, Najjar, Ujkic, Washburn, Wawrzyniak Nays: None Absent: D’Angelo, Graef 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, Najjar, Ujkic Nays: None Absent: D’Angelo, Graef Motion Carried. Zoning Board of Appeals Regular Meeting of November 19, 2015 Page 7 The meeting adjourned at 7:38 P.M. Respectfully Submitted, Derek B. D’Angelo, Chairman Zoning Board of Appeals