Zoning Board of Appeals

STERLING HEIGHTS ZONING BOARD OF APPEALS REGULAR MEETING CITY HALL NOVEMBER 17, 2016 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI SUBJECT: Minutes of the Regular Meeting of the Zoning Board of Appeals held November 17, 2016. Mr. Ujkic called the meeting to order at 7:00 p.m. Members present at roll call: Dale Deming, Junina Jean, Stefano Militello, and Pashko Ujkic, Ray Washburn 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 Motion by Mr. Militello, supported by Mr. Deming, to APPROVE the Agenda. Ayes: Militello, Deming, Ujkic, Washburn, Jean Nays: None Absent: D’Angelo, Graef Motion carried. CORRESPONDENCE Mr. McLeod stated he received additional information from applicant of case PZBA16- 0026 regarding the FCA facility. PZBA16-0026 – BRIAN JILBERT ON BEHALF OF FCA US, LLC (SHAP) Requesting Board approval for a variance to allow an increase in the height of lighting fixtures from thirty (30) feet to seventy five (75) feet in the M-2 Zoning District (Section 24.06) - West side of Van Dyke, between 16 Mile Road and 17 Mile Road in Section 21. Property address: 38111 Van Dyke Mr. Ujkic asked Mr. McLeod to give an overview of the case. Mr. McLeod displayed the site plan and gave an overview. The lighting fixtures would be installed in locations that are in the internal portion of the property. The site is currently being improved and renovated in preparation of the launch of the new Dodge Ram pickup truck. Mr. Ujkic asked petitioner to come forward to the podium. Michael Serdiuk with NSA Architects and Eric, Project Manager, with FCA, LLC came forward to the podium. Mr. Ujkic stated to the petitioners there were only four Board members present and they had the option to postpone or proceed. The applicant stated to proceed. Mr. Serdiuk gave an overview and stated it is a safety issue for the truck traffic. He stated there are already many 100 ft. poles on the property. Mr. Ujkic asked if there were any questions from the Board. Zoning Board of Appeals Regular Meeting of November 17, 2016 Page 2 Mr. Washburn asked Mr. McLeod if there have been any complaints regarding the lights on the site. Mr. McLeod stated he was not aware of any complaints being made. He stated the proposed fixtures are cut-off fixtures and are very directional. Mr. Ujkic asked if there were any other questions from the Board. Being none, he asked for public participation. Being none, he asked the Board if there were any other questions or discussion. Mr. Ujkic asked the petitioner if they are revising current light fixtures. Mr. Serdiuk stated they are redeveloping the area and there are buildings in the area currently. Mr. Ujkic called for a motion. Motion by Mr. Militello, supported by Mr. Washburn, in the case of PZBA16-0026, Brian Jilbert on behalf of FCA US LLC, 38111 Van Dyke, I move to APPROVE the requested 45-foot variance to the maximum lighting height requirements for the following reasons: 1) First, a practical difficulty exists in carrying out the strict letter of the Zoning Ordinance, and the practical difficulty is due to the unique circumstances of the property and is not self-created. All of the other requirements in the Zoning Ordinance for approving a non-use variance have been established in the record, and granting the variance will observe the spirit of the Zoning Ordinance. 2) Second, the following additional facts have been established as part of the record: a) That the lighting fixtures will be more than nine hundred (900) feet and one thousand two hundred (1,200) feet from Van Dyke Road and 16 Mile Road respectively. b) The most impacted property line, the west property line, is abutted by the existing rail corridor. c) The overall property is approximately 290 acres in single ownership. d) The lighting intensity proposed meets the standards of Section 24.06 of the Zoning Ordinance. This motion includes the following conditions: 1) First, the information provided to the Board must remain accurate, and the approval of the variance and a Hold Harmless Agreement in favor of the City must be recorded with the Register of Deeds. These requirements will be provided to the applicant in writing. Failure to follow these requirements will be grounds to revoke the variance. 2) Second, the applicant must comply with the following condition requested by the Office of Planning: a) Appropriate building and engineering approvals must be sought and obtained prior to any construction and any additional requirements that may arise as part of such a review must be implemented. Mr. Ujkic asked for any discussion on the motion. Mr. Ujkic asked for any other discussion. Being none, he called for a roll call vote. Zoning Board of Appeals Regular Meeting of November 17, 2016 Page 3 Ayes: Militello, Washburn, Ujkic, Deming, Jean Nays: None Absent: D’Angelo, Graef Motion Carried PZBA16-0006 – REEM PROPERTIES, LLC Requesting Board approval for a use variance to allow an "automobile repair garage" as defined within the City’s Zoning Ordinance within a C-3 zoning district – North side of Fifteen Mile Road, west side of Mound Road in Section 29. Property address: 5673 Fifteen Mile Road Mr. Ujkic asked the petitioners to come forward. Mr. Washburn stated this was a Use Variance and the petitioner would require five votes and there were Board members absent. Jeffrey Hicks, attorney representing Reem Properties, stated he would like to inform the Board of conditions which were of concern previously and would also answer any questions Mr. Washburn might have. Mr. Washburn stated he went over the minutes from the previous meeting and he understood what was being asked for. Mr. Hicks stated previously there was a concern regarding a paint shop on the property. He stated an automobile repair garage would allow four additional uses: transmission, engine, paint and collision work. He stated there hasn’t been a paint shop on the property and they don’t intent to allow one to operate. Also they are not looking to do collision work, which could also be stated in the conditions. The use variance is to allow the tenant to make repairs related to the transmission and engine so the customer’s business will not go elsewhere. Mr. Washburn asked how they would make certain repairs without painting. Mr. Hicks stated they will not do collision or paint type work because that is not how the tenant spaces are set up. Mr. Hicks displayed and addressed the wall/fence areas. Mr. Ujkic asked Mr. Hicks what is being proposed regarding the wall or fencing. Mr. Hicks stated they feel for this site the most appropriate is a fence with slats. The reason being, on the eastern and southern end there is only a curb separating; there is not space for a wall. They feel a fence with green slats would be more attractive than a masonry wall and serves the same purposes for blocking views. Mr. Ujkic asked what type of fence is to the neighbor on the north side of the property. Mr. Hicks stated it is a six foot cyclone type fence. Mr. Ujkic asked if this request is asking to store up to 80 cars and if the petitioner would be open to reducing the number if asked. Mr. Hicks stated yes. There are more than 80 spaces and some are used for employees and they would be open to reduce the number of spaces. Mr. Ujkic asked how many would they be willing to reduce the number to. Mr. Hicks stated there are 17 bays on the site and he would make the consideration in relation to each bay. Zoning Board of Appeals Regular Meeting of November 17, 2016 Page 4 Mr. Ujkic asked what type of tenant is on the west side of the building and what type of cars would be visible. Mr. Hicks stated the tenant would like to do transmission and engine work but all cars would be stored in the back. Mr. Ujkic asked how long have the tenants been at this property. Sam Amodi stated one tenant has been there for four years and the others, about two years. He stated he does not want any trouble with the city and when there are cars stored that are not supposed to be, he has them towed. Mr. Hicks stated King of Mechanic has been there for four years but they are now under new management. Mr. Ujkic asked for public participation. There was no public participation. Motion by Mr. Washburn, supported by Mr. Militello, in the case of PZBA16-0006, Jeffrey Hicks (Reem Properties), 5673 15 Mile Road, I move to POSTPONE the request to the December 15, 2016 meeting. Ayes: Washburn, Militello, Deming, Jean, Ujkic Nays: None Absent: D’Angelo, Graef Motion Carried APPROVAL OF MINUTES Motion by Mr. Militello, supported by Mr. Deming, to APPROVE minutes for October 27, 2016 meeting. Ayes: Militello, Deming, Ujkic, Jean Nays: None Absent: D’Angelo, Graef Abstained: Washburn Motion Carried NEW BUSINESS Election of New Officers Motion by Mr. Militello, supported by Mr. Washburn, to POSTPONE the election of officers until all members are present. Mr. Deming suggested the motion be amended from “December 15th meeting” to say “until all members are present”. Motion by Mr. Militello, supported by Mr. Washburn, to AMEND date of election of officers. Ayes: Militello, Washburn, Ujkic, Deming, Jean, Nays: None Absent: D’Angelo, Graef Motion Carried OLD BUSINESS None PUBLIC PARTICIPATION None Zoning Board of Appeals Regular Meeting of November 17, 2016 Page 5 Mr. McLeod stated the next ZBA meeting will be held on December 15th due to the holiday. MOTION TO ADJOURN Motion by Mr. Militello, supported by Mr. Washburn, to ADJOURN . Ayes: Militello, Washburn, Ujkic, Deming, Jean, Nays: None Absent: D’Angelo, Graef Motion Carried Respectfully submitted, Derek B. D’Angelo, Chairman Zoning Board of Appeals