Zoning Board of Appeals

STERLING HEIGHTS ZONING BOARD OF APPEALS REGULAR MEETING CITY HALL DECEMBER 17, 2015 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI SUBJECT: Minutes of the Regular Meeting of the Zoning Board of Appeals held December 17, 2015. Mr. Ujkic called the meeting to order at 7:04 p.m. Members present at roll call: Stefano Militello, Nick Najjar, Pashko Ujkic, Ray Washburn Members absent at roll call: Derek D’Angelo – Excused David Graef – Excused Aaron Wawrzyniak - Resigned Also in attendance: Chris McLeod, City Planner Clark Andrews, City Attorney APPROVAL OF AGENDA Moved by Militello, supported by Washburn, to approve the agenda. Ayes: Militello, Washburn, Najjar, Ujkic Nays: None Absent: D’Angelo, Graef – both excused Motion carried. CORRESPONDENCE None PZBA15-0027 – CANDI CANE WIRELESS Requesting Board approval for a Use Variance to permit the open storage of rental trucks and trailers in a C-1 (Local Convenience) District. South side of Utica Road, west of Van Dyke in Section 04. Property Address: 43167 Van Dyke Before beginning Mr. Ujkic turned it over to City Attorney, Clark Andrews. Mr. Andrews stated that there are two cases this evening which are Use Variances. Under State Law and City Zoning Ordinance, both of those Use Variance cases require five affirmative votes for approval and there are only four members of the seven that are present. As a result of this, the cases would require more votes than there are members present. These two items will ultimately be postponed because the petitioner is entitled to have a Board with enough members present to approval their case. The other case will be able to proceed. Mr. Andrews also stated that it is up to the Chairman to determine if the public hearings will be open up for people to speak, and he does recommend this be considered because people do come out to speak at the public hearings to make their presentation and make it a part of the record so they would not need to come back when the case is presented since their comments would already be part of the record. He is anticipating that the petitioners of these two cases may wish to wait until the next meeting to make their full presentation so the other members of the Board, who are not present, will be able to hear the presentations as well. So the first and second items on the agenda for Use Variance approvals will need to be postponed. Zoning Board of Appeals Regular Meeting of December 17, 2015 Page 2 Mr. Ujkic asked the Petitioner if they understood. The Petitioner stated yes and also asked if anything could be done this evening. Mr. Ujkic stated that they could not hear the case until they did have the amount of members present to potentially approve the Use Variance. He stated that if there was any public participation for the case, they would call for them, but as for the Petitioner, he recommends to wait until the next meeting held January 28, 2016. Mr. Ujkic asked for any public participation for Case PZBA15-0027 – Candi Cane Wireless. There was one public participant but they were also willing to wait until the next meeting as well. Motion by Washburn, supported by Militello, in the case of PZBA15-0027, Candi Cane Wireless, 43167 Van Dyke for the approval of a Use Variance, to postpone the request to the next regular meeting dated January 28, 2016. Mr. Ujkic asked if any discussion on the motion. None Ayes: Washburn, Militello, Najjar, Ujkic Nays: None Absent: D’Angelo, Graef Motion Carried. Mr. Andrews stated that he would like to make it clear that there will not be a renotification of the case for that date due to postponement to a date certain. PZBA15-0028 – HOLY MARTYRS CHALDEAN CATHOLIC CHURCH Requesting Board approval for a Use Variance to permit an RM-3 Multiple Family Mid and High Rise Use in an M-1 (Light Industrial) zone. East side of Merrill Road between 19 Mile Road and 19 ½ Mile road in Section 04. Property Address: 43700 Merrill Road. Mr. Ujkic asked if the petitioner was present and as Mr. Clark stated earlier on the previous case, if he understood about the postponement. The Petitioner stated that yes he does. Mr. Ujkic asked for any public participation for PZBA15-0028 – Holy Martyrs Chaldean Catholic Church. Connie O’Malley, 61717 Goth, would like to know why there was not a sign placed on the church property regarding this meeting like there was for the first meeting. Mr. McLeod stated the request was made and the sign should have been put out and apologized that it was not followed through. He will make sure a sign is posted. Mr. Andrews stated that both the State Law and the City Ordinance do not require that the sign go up. The City Council adopted a policy of encouraging the signage for meetings. Resident on Goth in Sterling Heights, has issue with traffic and would like a traffic study at this location. Opposed. Zoning Board of Appeals Regular Meeting of December 17, 2015 Page 3 Mr. McLeod stated that in terms of site planning issues or use variance issues, it would not be out of the realm for the ZBA to request that information to justify the addition of change in traffic patterns, if they feel that it is appropriate. Mr. Andrews stated that sometimes when there is a concern raised like this one, the City Planner will ask the Police Department for any input from their records on traffic flow and accidents. Mr. Ujkic stated they will ask the City Planner if they can get this input and any information on traffic for the next meeting. Motion by Militello, supported by Najjar, in the case of PZBA15-0028, Holy Martyrs Chaldean Catholic Church, for the approval of a Use Variance, to postpone the request to the next regular meeting dated January 28, 2016. Mr. Ujkic asked if any discussion on the motion. None Ayes: Militello, Najjar, Ujkic, Washburn Nays: None Absent: D’Angelo, Graef Motion Carried. Mr. Andrews stated again, that there will be no renotification of the case for that date due to postponement. PZBA15-0029 – LANDMARK CONTRACTING COMPANY Requesting Board approval for a 15’ encroachment to allow parking within the front yard setback. South of Metropolitan Parkway, East of Dequindre in Section 30. Property Address: 36950 Dequindre. Mr. Ujkic asked Mr. McLeod to provide background on the case. Mr. McLeod stated that the applicant did receive preliminary site plan approval, which is PSP15-0015, in April of 2015. That site plan did show a thirty five foot greenbelt being provided along both roadways. The applicant has also achieved Engineering approval as well. As they were coming out of Engineering moving into final site plan review is when the applicant actually prompted this request to modify the greenbelt provision. All the rest of the site is to remain as approved. The property has a frontage on 16 Mile Road of 150 feet. The frontage on Dequindre Road is approximately 177 feet. The site contains a total of 26,550 square feet of land area. The subject property is zoned C-3 (General Business) District. The properties on the west side of Dequindre in the City of Troy are zoned Neighborhood Node D and subject to the regulations of the City of Troy Form Based Code regulations. The applicant is requesting a fifteen foot reduction, which is a fifteen foot encroachment into the required front yard setback along both the 16 Mile Road frontage and the Dequindre Road frontage, in the overall greenbelt area. The requested encroachment would reduce the greenbelt area to twenty feet in width. The site is currently utilized as a gasoline service station and the existing configuration of the site provides a six foot greenbelt along Dequindre and a twenty foot greenbelt along 16 Mile Road. Based on the approved plans, the site is being completely demolished and rebuilt, therefore technically eliminating any potential nonconforming claims for the site. When the site is redeveloped, the site will contain a building of approximately 2,800 square feet. The existing building has a footprint of approximately fifty-five feet by thirty feet or approximately 1,650 square feet. There will be a total of six gas pumps (the total number of pumps is not increasing but are being reconfigured). Mr. McLeod also stated that the applicant has indicated that the spacing that has been shown between the pumps and the other maneuvering lanes on the approved plans is not sufficient. The spacing provided for Zoning Board of Appeals Regular Meeting of December 17, 2015 Page 4 these areas is generally twenty feet. The City’s Zoning Ordinance requires maneuvering lanes to be a minimum of 20 feet in width. It is noted that the spacing between pumps on the plans submitted (SP-3) was not increased, only the maneuvering lane around the perimeter of the site was increased in width. Mr. Ujkic opened for the petitioner. Mr. Militello asked the Mr. Andrews, the City Attorney, if the Board should allow the petitioner the opportunity to postpone to the next meeting. Mr. Andrews stated that very often the Chairperson does make the petitioner aware of the fact that four affirmative votes are needed and that every one of the member’s present tonight will need to be in favor for an approval. The petitioner stated that he will proceed. The Petitioner stated this site is really out of shape and very old looking. They are looking to invest the money to make more improvements and make functional. Therefore, they need to completely demolish and rebuild brand new. Mr. Ujkic asked for any questions from the Board. Mr. Washburn asked where the gasoline trucks will be entering the site and where will they park. The Petitioner stated that the tanks are not going to change or be moved and the trucks will be coming off of 16 Mile and will be parked between the parking and the first set of pumps. Mr. Washburn asked if the trucks will not be interfering with the traffic coming in and out of the station. The Petitioner stated they will not. Mr. Washburn asked why the additional area/space is needed, per the site drawings, by the loading area. The Petitioner stated that the loading area is needed for the store supplies and extra room is needed for the merchandising trucks to be coming in and out. Mr. Washburn asked what types of trucks does the petitioner have coming into that area at this time. The Petitioner stated they don’t have any trucks coming in right now other than the gas trucks. The supplies for the store are usually brought in from the other stores personally. The Petitioner stated that he is anticipating that in that loading area, will be merchandising trucks such as chip trucks and such as that. This is just making it more easy, accessible, and safe for people coming in and out. Mr. Washburn asked that in that loading area, instead of being twelve feet make it twenty feet and then the rest greenbelt. Would that work for them and if not, why? The Petitioner stated he does not have a problem with that and does understand that Mr. Washburn feels it’s a little too wide, but in all reality and being practical, the loading area you would want to have a bit wide. It is not meant to be a parking area and prefers the way it is drawn up. Zoning Board of Appeals Regular Meeting of December 17, 2015 Page 5 Mr. Washburn asked what would be the minimum width, if they were to reduce this area, the petitioner would require. The Petitioner stated no less than twenty-two feet. Mr. Ujkic asked for any other questions from the Board. Being none, opened for Public Participation. There was none. Mr. Ujkic asked for any other discussion from the Board. Being none, called for a motion. Motion by Najjar, supported by Militello, in Case PZBA15-0029, Landmark Contracting Company, 36950 Dequindre, to approve the request variance to allow a fifteen foot encroachment of the parking/maneuvering area into the required front yard setback 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; 4. That all necessary permits and approvals are obtained from the City of Sterling Heights by the applicant; 5. In lieu of the additional greenbelt being provided, that the applicant provides a revised landscape plan, acceptable to the City, that depicts a continuous landscape hedge (or similar) along the property lines abutting Dequindre and 16 Mile Road as well as provide additional landscaping around the base of the sign in addition to the landscape currently shown. The following Findings of Fact are noted: 1. The resultant greenbelts are equal to or in excess of those that currently exist on the site. 2. The site improvements proposed will substantially improve the aesthetic and design of the current site. 3. The remainder of the site as proposed for redevelopment meets all other applicable setbacks requirements of Section 28.01. Mr. Washburn asked if the maker of the motion could include that the landscape will be installed as the approved plan and be properly maintained. Motion by Mr. Najjar, supported by Militello, to approve to amend that the greenbelt be installed and maintained as approved. Zoning Board of Appeals Regular Meeting of December 17, 2015 Page 6 Ayes: Najjar, Militello, Ujkic, Washburn Nays: None Absent: D’Angelo, Graef Motion Carried. APPROVAL OF MINUTES: Mr. Militello asked if a motion should be postponed to the next meeting due to the number of commissioners present. Mr. Ujkic stated that they do have the majority present. Motion by Militello, supported by Washburn, to approve the minutes of November 19, 2016. Ayes: Militello, Washburn, Najjar, Ujkic 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, Najjar, Ujkic Nays: None Absent: D’Angelo, Graef Motion Carried. The meeting adjourned at 7:45 P.M. Respectfully submitted, Derek B. D’Angelo, Chairman Zoning Board of Appeals