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Zoning Board of Appeals

Regular Meeting

Sterling Heights, MI · June 23, 2016

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Minutes

STERLING HEIGHTS ZONING BOARD OF APPEALS REGULAR MEETING CITY HALL June 23, 2016 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI SUBJECT: Minutes of the Regular Meeting of the Zoning Board of Appeals held June 23, 2016. Mr. Graef called the meeting to order at 7:00 p.m. Members present at roll call: Dale Deming, David Graef, Stefano Militello, Pashko Ujkic, and Ray Washburn Members absent at roll call: Derek D’Angelo – Excused Also in attendance: Chris McLeod, City Planner Don DeNault, City Attorney APPROVAL OF AGENDA Moved by Mr. Militello, supported by Mr. Washburn, to APPROVE the Agenda. Ayes: Militello, Washburn, Deming, Graef, Ujkic Nays: None Absent: D’Angelo Motion carried. CORRESPONDENCE None PZBA16-0011 – ZeerCo Management Corporation Requesting Board approval for the following: 1) a use variance to allow for a C-3 use (drive through restaurant) in the O-1 Zoning District 2) a parking variance to the number of required spaces; 3) a variance to the side and rear yard setback, 4) required distance from a drive through to a residential district, 5) the minimum number of required frontage trees, 6) the required front yard setback for the installation of new gas pumps and canopy 7) minimum screening requirements between sites - West side of Mound Road, south side of Metropolitan Parkway in Section 29. Property address: 36945 Mound Road Mr. Graef asked Mr. McLeod for an overview. Mr. McLeod stated this proposal is for a series of seven variances; six being for dimensional variances, with one being a use variance for the site. This proposal is for the development of a 2,873 square foot addition to the existing gas station use for the purposes of increasing the size of the existing gas station facility to include a gas station, convenience store and a single drive through window. Mr. Graef asked petitioner to come forward to the podium. Michael Zeer and Ryan (the architect) came forward. Mr. Zeer stated he has owned the parcel and been the landlord for the 7-Eleven for approximately 19 years. He stated they are looking to improve the property which is “old and tired” currently. They would like to add two pumps to accommodate patrons along Mound Road. He stated they are the only gas station at the corner of Mound and Metropolitan Parkway. He talked about difficulty with the setback requirements being on a corner. He asked the board if there were any questions. Mr. Graef stated there was only five board members present and that he would need a unanimous vote. He asked Mr. Zeer if he would like to proceed. Zoning Board of Appeals Regular Meeting of June 23, 2016 Page 2 Mr. Zeer asked what happens if it is not unanimous. Mr. Graef stated he could reapply. Mr. Zeer stated he would like to proceed. Mr. DeNault asked Mr. McLeod if it was as simple as just reapplying. Mr. McLeod stated there would have to be changes to the proposal otherwise he would have to wait a year to bring back the same proposal. Mr. Zeer asked if he could just ask for the variance for the back portion that he currently already owns. Mr. Ujkic asked Mr. DeNault if the proposal can be split up to accommodate Mr. Zeer’s request. Mr. DeNault stated it could be a combination of things. He understands that Mr. Zeer would like to proceed with the use variance first because if it were to fail, he would need a new plan for the rest of the proposal. Mr. Washburn suggested Mr. Zeer to take a postponement. After much discussion regarding whether ZeerCo should proceed with the all the request or if they should (or could) be handled individually and how one approval or disapproval would affect the other requests, Mr. Zeer decided to ask for a postponement. Motion by Mr. Militello, supported by Mr. Deming in the case of PZBA16-0011, ZeerCo Development Corp., Mike Zeer, 36945 Mound, I move to POSTPONE the request to the July 21st meeting so that the petition may be revised to include all necessary variances required for the site as proposed. Ayes: Militello, Deming, Ujkic, Washburn, Graef Nays: None Absent: D’Angelo Motion Carried PZBA16-0012 – Metropolitan Concrete Requesting Board approval for the following: 1) a side yard setback variance for the existing storage buildings, 2) a front yard setback variance to allow parking within the required front yard setback - North side of Metropolitan Parkway between Van Dyke and Mound Road. Property address: 6581 Metropolitan Parkway Mr. McLeod gave an overview of the site drawing and stated the proposal is requesting a variance to allow the existing storage buildings to be maintained in their current location and to allow for the construction of an additional building two (2) feet from the property line. In addition, the proposal is for the construction of a new parking lot within the required front yard setback approximately five (5) feet from the front property line. Mr. Graef invited petitioner to come forward to the podium. Patty Shay and Mitchell (engineer) can forward to the podium. The petitioner showed site plans and stated they are looking to expand the front parking lot and give it a finished look in the front of the building. Currently there is very little parking. They have been working with Mr. McLeod regarding the green space in the front. She stated in the back of the property they currently have two storage buildings and need a third. Mr. Graef asked the Board if there were any questions. Zoning Board of Appeals Regular Meeting of June 23, 2016 Page 3 Mr. Ujkic asked the petitioner if the third storage building will line up with the other and if they will still have the temporary storage outside. The petitioner stated yes the third storage building is small but will continue to line up with the existing two storage buildings and they will still have the temporary storage outside because it is seasonal storage. Mr. Graef asked for any other questions from the Board. Mr. Washburn asked if the cars shown in the site plan are employee’s cars and also how many customers would be in the building in a typical day. The petitioner stated throughout a whole day the maximum may be 15 to 20 cars with a minimum of about two. Mr. Washburn asked if there was any room in the back for parking and how many employees they have. The petitioner stated the office employee’s park in the front and the back parking lot is for the employees that are in the field. There are 15 permanent employees (about 8 in office area at a time) during the year and about 50 employees during the concrete season. Mr. Washburn asked how many trucks go in and out of the site and asked about the parking in the front of the property. The petitioner stated they own 37 vehicles and described them. She stated the front is not only for office employees but for customers of smaller concrete companies. She explained customers come in and out all day long for products. Mr. Graef asked if there were any further questions by the Board. Being none, he asked for public participation. Hank Riberas, Director of Real Estate at Roncelli Inc., 6471 Metropolitan Parkway, stated they are adjacent to the petitioner’s property. Mr. Riberas stated Roncelli is not opposed to the side yard setback as long as there is an ‘as built’ or ALTA survey done indicating there are not encroachments. They are opposed to the front yard setback. He stated Roncelli has been meticulous in keeping their property maintained and with it being a one-way street to their property, the petitioners property looks has cars parked up to the curb. Mr. Riberas showed and described aerial photos of the property. Mr. Washburn asked if the petitioner’s building was present when Roncelli built their building. Mr. Riberas stated he did not know. Mr. Militello asked Mr. Riberas when the Roncelli building was built, how many variances they received. He also asked how many times the building had additions built on to it. Mr. Riberas stated he didn’t believe there were any variances granted, they complied with the ordinances. He believed there were only two additions with no special variances. Mr. Graef closed public participation and asked the Board for further comments. Mr. Washburn asked the petitioner if she knew if their building was there when Roncelli developed their property. The petitioner stated she did not know. Zoning Board of Appeals Regular Meeting of June 23, 2016 Page 4 Mr. Washburn asked Mr. McLeod how many feet were from the curb to the new proposed hard surfacing. Mr. McLeod stated his estimation was about 14 feet. After much discussion between the Board and the petitioner whether this should be postponed, the petitioner asked if it could be split up to vote on the back portion and postpone the front portion. Mr. Graef asked for a motion. Motion by Mr. Militello, supported by Mr. Ujkic in the case of PZBA16-0012, Leonard Bugli, 6581 Metropolitan Parkway, I move to APPROVE  The requested side yard setback variance of 15 feet for the existing storage building on the property line;  The requested side yard setback variance of 13 feet for the existing storage building 2 feet from the property line;  The requested side yard setback variance of 13 feet for a proposed new storage building; 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 follow this agreement shall serve as grounds to revoke the variance; 4) That appropriate site plan, engineering, and building approvals shall be sought and obtained prior to any new construction and in relation to the existing buildings which have no valid permits, and that addition site plan requirements may arise as a part of such review; 5) Applies only if the motion is to approve any of the side yard setback variances. That appropriate building/property maintenance easements be obtained from the property owner to the west to ensure the west facades of the building(s) can be maintained by allowing access through the adjoining property. This motion to approve is supported by the following findings of fact: 1) Compliance with the strict letter of the restrictions governing area, setbacks, frontage, height, bulk, lot coverage, density, or other dimensional or construction standards will unreasonably prevent the owner from using the property for a permitted purpose or will render conformity with such restrictions unnecessarily burdensome. 2) The grant of a variance will do substantial justice to the applicant as well as to other property owners in the district and a lesser variance will not give substantial Zoning Board of Appeals Regular Meeting of June 23, 2016 Page 5 relief to the applicant as well as be more consistent with justice to other property owners in the zoning district. 3) The plight of the applicant is due to unique circumstances of the property. 4) The problem is not self-created. 5) The spirit of the ordinance will be observed, public safety and welfare secured, and substantial justice done. 6) There is compliance with the standards for discretionary decisions: a. The proposed buildings, structures, or uses will, when approved: i. Promote the intent and purpose of this ordinance; ii. Be designed, constructed, operated, maintained, and managed so as to be compatible, harmonious, and appropriate in appearance and in operation with the existing or planned character of the general vicinity, adjacent uses of land, the natural environment, the capacity of public services and facilities affected by the building, structure, or land use, and the community as a whole; iii. Be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage ways, and refuse disposal, or the persons or agencies responsible for the establishment of the building, structure, land use, or activity shall be able to provide adequately any such service sufficiently; iv. Not be detrimental, hazardous, or disturbing to existing or future neighboring uses, persons, property, or the public welfare; and v. Not create additional requirements at public cost for public facilities and services that will be detrimental to the economic welfare of the community. Mr. Graef asked for any further discussion. Mr. DeNault stated Mr. Riberas had requested there be a survey done to make sure there is no encroachment on their property. He suggested the variance be conditioned on a professional survey being done. The petitioner agreed to supply a survey. Motion by Mr. Militello, supported by Mr. Ujkic to AMEND motion, to be based on a professional survey being done. Mr. Graef called for a roll call vote. Ayes: Militello, Ujkic, Washburn, Deming, Graef Nays: None Absent: D’Angelo Motion Carried Motion by Mr. Militello, supported by Mr. Washburn in the case of PZBA16-0012, Leonard Bugli, 6581 Metropolitan Parkway, I move to POSTPONE the request for the front yard setback to the July 21st meeting so that the petitioner may provide additional information to the Board. Ayes: Militello, Washburn, Deming, Graef, Ujkic Nays: None Absent: D’Angelo Motion Carried PZBA16-0013 – Michigan Schools & Government Credit Union Zoning Board of Appeals Regular Meeting of June 23, 2016 Page 6 Requesting Board approval for a variance to permit a third wall sign for the building (building fronts on two roads) - West side of Mound, north side of 18 Mile Road in Section 08. Property address: 41031 Mound Road Mr. McLeod displayed the site of property and gave a brief summary of request for a variance to allow a third wall sign for the building, to be placed on the southeast elevation but located on the structure that supports the roof over the drive through areas, rather than on the primary building. The facade of the primary building will be obstructed by the drive through structure, but the drive through structure will be visible to drivers at the intersection of Mound Road and 18 Mile Road. The structure is treated as a facade of the building due to its extension from, and connection to, the building. The applicant has indicated the total of all three signs does not equal the total allotment of signage. Mr. Graef asked for the petitioner to come forward to the podium. Mike Blanek, with Stucky Vitale Architects, 27172 Woodward Ave, Royal Oak Steve Brewer, CFO - Michigan Schools and Government Credit Union, 40400 Garfield Rd, Clinton Twp. Mr. Blanek stated the reason for the third sign is to give members adequate time to identify the branch. It is mainly for safety and visibility from all directions. Mr. Militello asked if it would be like the one at 14 Mile Rd. and Schoenherr. Mr. Blanek stated yes it would be like the Warren and Chesterfield branches. Mr. Graef asked for any other questions from the board. Being none, he asked for public participation. Being none, he asked for a motion. Motion by Mr. Militello, supported by Mr. Ujkic in the case of PZBA16-0013, Michigan Schools and Government Credit Union, Steve Brewer, 41031 Mound Road, I move 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 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 follow this agreement shall serve as grounds to revoke the variance. This motion to approve is supported by all of the facts noted on the record and in the documents reviewed by the Zoning Board unless modified during the hearing, including the following specific findings of fact: 1) That the total of all three (3) proposed signs is far less than the total that is permissible under the current zoning ordinance for the permissible signs. 2) That only one (1) wall sign will be visible at any one (1) time based on the architecture of the building. Zoning Board of Appeals Regular Meeting of June 23, 2016 Page 7 3) Compliance with the strict letter of the restrictions governing area, setbacks, frontage, height, bulk, lot coverage, density or other dimensional or construction standards will unreasonably prevent the owner from using the property for a permitted purpose or will render conformity with such restrictions unnecessarily burdensome. 4) The grant of a variance will do substantial justice to the applicant as well as to other property owners in the district and a lesser variance will not give substantial relief to the applicant as well as be more consistent with justice to others property owners in the zoning district. 5) The plight of the applicant is due to unique circumstances of the property. 6) The problem is not self-created. 7) The spirit of the ordinance will be observed, public safety and welfare secured, and substantial justice done. 8) There is compliance with the standards for discretionary decisions: a. The proposed building, structure, or use will, when approved: i. Promote the intent and purpose of the Zoning Ordinance; ii. Be designed, constructed, operated, maintained, and managed so as to be compatible, harmonious, and appropriate in appearance and in operation with the existing or planned character of the general vicinity, adjacent uses of land, the natural environment, the capacity of public services and facilities affected by the building, structure, or land use, and the community as a whole; iii. Be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage ways, and refuse disposal, or the persons or agencies responsible for the establishment of the building, structure, land use, or activity shall be able to provide adequately any such service sufficiently; iv. Not be detrimental, hazardous, or disturbing to existing or future neighboring uses, persons, property, or the public welfare; and v. Not create additional requirements at public cost for public facilities and services that will be detrimental to the economic welfare of the community. Mr. Graef asked for any discussion on the motion. Being none, he called for a roll call vote. Ayes: Militello, Ujkic, Washburn, Deming, Graef Nays: None. Absent: D’Angelo Motion Carried PZBA16-0014 – Khled Dagner (Lebon Sweets) Requesting Board approval for a variance to permit a second wall sign for a tenant space (non-corner lot) – South side of Metropolitan Parkway, east of Dequindre in Section 30. Property: 2496 Metropolitan Parkway Mr. McLeod gave an overview stating the petitioner is requesting a variance to allow a second wall sign for the tenant space, to be placed on the west elevation of the building, visible to those drivers heading eastbound on Metropolitan Parkway. The ordinance only allows this location to have a single wall sign along the frontage of the building. The driveway which services this shopping center as well as the larger Lowes and Target complex to the rear (and west) is not a public roadway and therefore this unit is not permitted a second wall sign as would be permissible for a true corner lot. The ordinance does permit a second wall sign in the form of an identification sign to be placed on the west façade. Mr. McLeod showed and explained a picture of the configuration of the sign on the building. Zoning Board of Appeals Regular Meeting of June 23, 2016 Page 8 Mr. Graef asked the petitioner to come forward to the podium. Khled Dagner, Dagner Signs & Graphics, stated the monument sign blocks the sign for Lebon Sweets. Mr. Graef asked for questions from the Board. Being none, he asked for public participation. Being none, he asked for a motion. Mr. Washburn stated this case is similar to one they had previously heard for Naked Pizza. He asked petitioner if the sign will be six feet across and asked if there were any ground signs. Mr. Dagner stated the sign would be six feet and there are no ground signs. Motion by Mr. Washburn, supported by Mr. Militello in the case of PZBA16-0014, Lebon Sweets, Khled Dagner, 2496 Metropolitan Parkway. Mr. Washburn stated the petitioner is requesting a variance to allow a second wall sign for the tenant space on a non-corner lot which is occupying a corner building. The frontage is on Metropolitan Parkway and it’s off the entrance drive into the shopping center from Metropolitan Parkway. The property is located east of Dequindre, south of Metropolitan Parkway. The sign proposed is round and six feet when measured across . Based upon the presentation this evening, I move 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 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 follow this agreement shall serve as grounds to revoke the variance. This motion to approve is supported by all of the facts noted on the record and in the documents reviewed by the Zoning Board unless modified during the hearing, including the following specific findings of fact: 1) The tenant space represents an end cap unit for the shopping center and has extensive visibility to both the north and to the west from Metropolitan Parkway. 2) The shopping center’s access is to one of the main driveways to the shopping center at the rear of the site as well as to the Lowes/Target shopping center also located behind the subject address. 3) The sign as proposed meets the size requirements permitted if the western facade was considered a frontage. 4) Similar signage exists elsewhere throughout the City and therefore will not disturb the character of the area and will not undermine the purpose and intent of the Zoning Ordinance. Zoning Board of Appeals Regular Meeting of June 23, 2016 Page 9 5) Compliance with the strict letter of the restrictions governing area, setbacks, frontage, height, bulk, lot coverage, density or other dimensional or construction standards will unreasonably prevent the owner from using the property for a permitted purpose or will render conformity with such restrictions unnecessarily burdensome. 6) The grant of a variance will do substantial justice to the applicant as well as to other property owners in the district and a lesser variance will not give substantial relief to the applicant as well as be more consistent with justice to others property owners in the zoning district. 7) The plight of the applicant is due to unique circumstances of the property. 8) The problem is not self-created. 9) The spirit of the ordinance will be observed, public safety and welfare secured, and substantial justice done. 10)There is compliance with the standards for discretionary decisions: a. The proposed building, structure, or use will, when approved i. Promote the intent and purpose of the Zoning Ordinance; ii. Be designed, constructed, operated, maintained and managed so as to be compatible, harmonious and appropriate in appearance and in operation with the existing or planned character of the general vicinity, adjacent uses of land, the natural environment, the capacity of public services and facilities affected by the building structure or land use, and the community as a whole; iii. Be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage ways, refuse disposal or that the persons or agencies responsible for the establishment of the building structure, land use or activity shall be able to provide adequately any such service sufficiently; iv. Not be detrimental, hazardous, or disturbing to existing or future neighboring uses, persons, property or the public welfare; and v. Not create additional requirements at public cost for public facilities and services that will be detrimental to the economic welfare of the community. Mr. Graef asked for any discussion on the motion. Being none, he called for a roll call vote. Ayes: Washburn, Militello, Deming, Graef, Ujkic Nays: None Absent: D’Angelo Abstained: None Motion Carried PZBA16-0016 – Beaumont Health – Scott Sieg Requesting Board approval for a use variance to allow for a driveway for a medical office building within a Single Family Residential District (R-100 One Family Residential) – East side of Dequindre, South of Dobry in Section 6. Property address: 44950 Dequindre Road Mr. McLeod gave an overview for the development of a new driveway to be located on property on the east side of Dequindre Road (44950 Dequindre) to service the overall Beaumont Health medical complex located on 44300 Dequindre. The proposed driveway will replace the current northern driveway for the complex and align the drive with the existing traffic signal on Dequindre Road. He stated this is a use variance and will require five votes. Zoning Board of Appeals Regular Meeting of June 23, 2016 Page 10 Mr. Graef asked the petitioner to come forward to the podium. Jake Meadows, Beaumont Health, 44201Dequindre Road, Sterling Heights Scott Sieg, PEA Inc., 2430 Rochester, Troy Mr. Meadows stated the intent is to align the east campus north drive with the west campus north drive hopefully resulting in a safer intersection. Also, with Oakland County repaving Dequindre Road, it gives them an opportunity to align the drives. Mr. Graef asked if there were any questions from the Board. Mr. Washburn asked the petitioner to confirm that the north entrance is the emergency entrance. Mr. Meadows confirmed it is the emergency entrance. Mr. Graef asked if there were any further questions from the Board. Being none, he asked for public participation. Being none, he asked for a motion. Motion by Mr. Washburn, supported by Mr. Militello in the case of PZBA16-0016, Beaumont Health, Scott Sieg, 44950 Dequindre. Mr. Washburn stated the petitioner is requesting approval for development of a new driveway to be located on property on the east side of Dequindre Road to service the overall Beaumont Health medical complex located at 44300 Dequindre Rd. The proposed driveway will replace the current northern driveway for the complex and align the drives with the existing traffic signal on Dequindre Rd. Mr. Washburn stated he moves to approve the request for the driveway. He thinks it is definitely an improvement, regarding the safety factor, over the way it is currently set up because they offset each other. He stated turning into either one can be difficult. I move to APPROVE the 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 date 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 applicant work with the Planning Department to provide a revised landscape plan which addresses the following: that the landscape islands being created as a part of the driveway realignment be landscaped consistent with the remaining landscape islands/areas within the complex, and that additional trees be planted along the new driveway; and 5) That all necessary permits be obtained for the relocation of the sign. Zoning Board of Appeals Regular Meeting of June 23, 2016 Page 11 6) That a cross access easement be provided between the main Beaumont Health site and the subject site to ensure long term access. This motion is supported by the following findings of fact: 1. That the current proposal is solely for a driveway location which is in alignment with the existing traffic signal on Dequindre Road. The alignment of the driveway is in following good planning principles for aligning drives and reducing potential turning conflicts. Ayes: Washburn, Militello, Deming, Graef, Ujkic Nays: None Absent: D’Angelo Abstained: None APPROVAL OF MINUTES Motion by Mr. Militello, supported by Mr. Ujkic to APPROVE minutes for May 26, 2016 meeting. Ayes: Militello, Ujkic, Washburn, Deming, Graef Nays: None Absent: D’Angelo Abstained: None Motion Carried NEW BUSINESS Mr. Militello asked if there is something that can be done regarding flow of traffic at the Speedway Gas Station located on the corner of 14 Mile Road and Schoenherr. He stated it is a safety issue. OLD BUSINESS None PUBLIC PARTICIPATION None MOTION TO ADJOURN Motion by Mr. Militello, supported by Mr. Deming, to adjourn. Ayes: Militello, Deming, Ujkic, Washburn, Graef Nays: None Absent: D’Angelo Motion Passed Meeting adjourned at 8:55 P.M. Respectfully submitted, Derek B. D’Angelo, Chairman Zoning Board of Appeals

Agenda

STERLING HEIGHTS ZONING BOARD OF APPEALS REVISED AGENDA FOR JUNE 23, 2016 REGULAR MEETING TO BE HELD AT STERLING HEIGHTS CITY HALL 40555 UTICA ROAD 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Correspondence 5. Public Hearings 1. PZBA16-0011 – ZeerCo Management Corporation Requesting Board approval for the following: 1) a use variance to allow for a C-3 use (drive through restaurant) in the O-1 Zoning District 2) a parking variance to the number of required spaces; 3) a variance to the side and rear yard setback, 4) required distance from a drive through to a residential district, 5) the minimum number of required frontage trees, 6) the required front yard setback for the installation of new gas pumps and canopy 7) minimum screening requirements between sites - West side of Mound Road, south side of Metropolitan Parkway in Section 29. Property address: 36945 Mound Road 2. PZBA16-0012 – Metropolitan Concrete Requesting Board approval for the following: 1) a side yard setback variance for the storage buildings, 2) a front yard setback variance to allow parking within the required front yard setback - North side of Metropolitan Parkway between Van Dyke and Mound Road. Property address: 6581 Metropolitan Parkway 3. PZBA16-0013 – Michigan Schools & Government Credit Union Requesting Board approval for a variance to permit a third wall sign for the building (building fronts on two roads) - West side of Mound, north side of 18 Mile Road in Section 08. Property address: 41031 Mound Road 4. PZBA16-0014 – Khled Dagner (Lebon Sweets) Requesting Board approval for a variance to permit a second wall sign for a tenant space (non-corner lot) – South side of Metropolitan Parkway, east of Dequindre in Section 30. Property: 2496 Metropolitan Parkway 5. PZBA16-0016 – Beaumont Health – Scott Sieg Requesting Board approval for a use variance to allow for a driveway for a medical office building within a Single Family Residential District (R-100 One Family Residential) – East side of Dequindre, South of Dobry in Section 6. Property address: 44950 Dequindre Road 7. Approval of Minutes May 26, 2016 8. New Business 9. Old Business 10. Public Participation 11. Adjournment Derek D’Angelo, Chairman Zoning Board of Appeals ANY INTERESTED PERSON MAY APPEAR AND COMMENT IN PERSON OR BY AGENT OR ATTORNEY UPON A SCHEDULED AGENDA ITEM DURING THE PUBLIC HEARING TO BE HELD AT THE DATE, TIME, AND LOCATION ABOVE. WRITTEN COMMENTS MAY BE SUBMITTED TO THE OFFICE OF PLANNING, 40555 UTICA ROAD, STERLING HEIGHTS, MICHIGAN 48311-8009 UP TO THE MEETING TIME. COPIES OF THE APPLICATION AND RELATED DOCUMENTS PERTAINING TO ANY REQUEST ON THE AGENDA ARE AVAILABLE FOR INSPECTION AT THE OFFICE OF PLANNING DURING REGULAR BUSINESS HOURS AND AT THE PUBLIC HEARING. ANY QUESTIONS REGARDING THE ABOVE ITEMS SHOULD BE DIRECTED TO THE OFFICE OF PLANNING – 586-446-2360. THE CITY OF STERLING HEIGHTS WILL PROVIDE NECESSARY REASONABLE AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WITH DISABILITIES AT THE MEETING UPON SEVEN DAYS NOTICE TO THE COMMUNITY RELATIONS OFFICE AT 586-446- 2470. Published: Macomb Daily July 9, 2016

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