Zoning Board of Appeals
Regular MeetingSterling Heights, MI · January 19, 2017
Minutes
STERLING HEIGHTS ZONING BOARD OF APPEALS
REGULAR MEETING
CITY HALL
January 19, 2017
LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI
SUBJECT: Minutes of the Regular Meeting of the Zoning Board of Appeals held
January 19, 2017.
Mr. Graef called the meeting to order at 7:00 p.m.
Members present at roll call: Derek D’Angelo, Dale Deming, David Graef, Junina Jean,
Stefano Militello, Pashko Ujkic, and Ray Washburn
Members absent at roll call: None
Also in attendance: Chris McLeod, City Planner
Don DeNault, City Attorney
APPROVAL OF AGENDA
Motion by Mr. Militello, supported by Mr. Ujkic, to APPROVE the Agenda.
Ayes: Militello, Ujkic, Washburn, D’Angelo, Deming, Graef, Jean
Nays: None
Absent: None
Motion carried.
CORRESPONDENCE
A letter was provided by the applicant regarding case PZBA16-0028.
PZBA16-0028 – Yuqiong Shi
Requesting board approval for the following variances: 1) to allow a massage
establishment within five hundred (500) feet of a residential district; 2) to allow a
massage establishment within a shopping center of less than 100,000 square feet; 3) to
allow a massage establishment within 1,000 feet of a place of worship - East side of Red
Run Road, north side of Fourteen Mile Road in Section 35
Property address: 13233 Fourteen Mile Road
Mr. Graef asked Mr. McLeod to give an overview of the case.
Mr. McLeod displayed site plans and gave an overview stating the applicant is
proposing to occupy a 1,200 square foot tenant space within the existing First Center
Plaza for operation of a massage parlor. The tenant space is located in center part of
the shopping center. He mentioned a letter was sent to the applicant from Restoration
Ministries stating they do not have any conflict with the application.
Mr. Graef asked the petitioners to come forward to the podium.
Sam Palise came forward with his wife Yuqiong Shi (Yvonne). He explained they would
like to open a massage therapy spa in the plaza. He stated there is a wall behind the
plaza and the space to the nearest facility is 504 feet. He explained there is a church
right in the plaza and the minister wrote a letter stating they do not have any issues with
the massage spa going in. He stated he feels it is a good use to go in the plaza which
has vacancies and a benefit to the community.
Mr. Graef asked Mr. McLeod if there are any massage places in other plaza’s this size
or less.
Mr. McLeod stated there are several establishments throughout the city that are in
similar size shopping centers.
Zoning Board of Appeals
Regular Meeting of January 19, 2017
Page 2
Mr. Graef asked the Board for any questions.
Mr. Washburn asked Mr. McLeod if the church to the west had been notified of the
meeting.
Mr. McLeod stated no because they were not within the 300 feet the city requires for
notification.
Mr. Washburn asked the petitioner who the licenses will be through for the massage
therapist and if the business itself is licensed.
The applicant stated the massage therapist will be licensed through the State of
Michigan and the business is licensed by the State of Michigan.
Mr. Graef asked the Board for any further questions.
Mr. D’Angelo asked Mr. McLeod why there is a requirement for the shopping center to
be more than 100,000 sq. ft. for a massage parlor to be a tenant. He also stated there
are many businesses near residential where massages are already being provided as a
secondary use of the business
Mr. McLeod stated based on the ordinance, the massage parlors are put in a category
with a series of different uses and the city wants to make sure they are separated from
other residential uses. He also explained because it is a secondary use of the business,
they are not held to these requirements.
Mr. Ujkic asked who will be the operator of the business and for a little background
about Yvonne.
The applicant stated his wife will operate the business. She is licensed by the State of
Michigan and has worked in massage since she arrived in the United States about
seven years ago. When she lived in China, she had a massage establishment for a
couple years. He owned a State Farm Insurance Agency for 30 years. He stated he
has retired, about 15 years ago, and will be overseeing the business with his wife.
Mr. Washburn asked if an insurance firm would insure this type of business and asked
how many employees they will have.
The applicant stated they already have insurance through State Farm and they will start
with just his wife as the massage therapist and as the business grows, hire as needed.
Mr. Graef asked for public participation. Being none, he asked the Board for any further
questions.
Mr. D’Angelo pointed out the vehicular access to the residential properties will be over
500 feet from the entrance to the massage business.
Mr. Deming asked the petitioner what the hours of operation are.
The petitioner stated 10 a.m. to 8 p.m. with the last appointment ending about 9 p.m.
This will be six days a week, adding a seventh day if needed. The petitioner is open to
closing at 6 p.m. on Sunday’s, if the seventh day is needed.
Mr. Graef called for a motion.
Motion by Mr. Ujkic supported by Mr. Militello, in the case of PZBA16-0028, M.Y. Spas,
LLC, 13233 14 Mile Road, I move to APPROVE the requested variances 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
Zoning Board of Appeals
Regular Meeting of January 19, 2017
Page 3
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 use is located within a shopping center that is separated from the
abutting residential use to the north by a masonry wall, the abutting
residential use to the south (in the City of Warren) by the 14 Mile Road
right of way, and to the abutting residential to the west by the Red Run
Road right of way.
b. That the use is located within a shopping center that is separated from the
place of worship by the gas station located at the immediate northeast
corner of 14 Mile Road and Red Run Road and vacant property at the
northwest corner of 14 Mile Road and Red Run Road in addition to the
Red Run Road right of way.
3. Third, the following additional facts have been established by the petitioner:
a. On Sundays and holidays the close of business will be 5 p.m. with the last
appointment ending about 6 p.m.
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 petitioner in writing. Failure to follow these requirements will be
grounds to revoke the variance.
2. Second, the petitioner must comply with the following conditions requested by the
Office of Planning:
a. The necessary special approval land use from the City’s Planning
Commission.
b. That all additional permits and licenses be obtained from the City of Sterling
Heights, including the necessary building permits, use permits, massage
establishment licenses, and business registrations.
c. The variance will be restricted to the specific tenant space proposed in the
application.
3. Notification of this proposal was noted on the Sterling Heights website, published
in the newspaper, and also identified by signs on the site to be heard at this
meeting.
Mr. Graef asked for any discussion on the motion.
Mr. Washburn suggested amending motion to include #3.
Motion by Mr. Ujkic, supported by Mr. Militello, to AMEND motion to include #3 of the
conditions.
Mr. Graef asked for any other discussion. Being none, he called for a roll call vote.
Ayes: Ujkic, Militello, Washburn, D’Angelo, Deming, Graef, Jean
Nays: None
Absent: None
Motion Carried
Zoning Board of Appeals
Regular Meeting of January 19, 2017
Page 4
PZBA16-0029 – BHM Enterprises LLC - Ron Iacobelli
Requesting Board approval for a use variance to allow a body art facility as defined
within the City’s Zoning Ordinance within a C-3 General Business Zoning District - West
side of Van Dyke, south of Triangle Drive in Section 04.
Property address: 43701 Van Dyke
Mr. Graef asked Mr. McLeod to give an overview of the case.
Mr. McLeod displayed site plans and gave an overview stating the applicant’s proposal,
for a body art facility, is to occupy a 1,200 sq. ft. tenant space within the Four Seasons
Shopping Center. He also stated a different address, within the same shopping center,
received a use variance in 2011 to also operate a body art facility. That tenant space
was located at the south end of the center. That use is no longer in operation and that
tenant space is now occupied by a different tenant.
Mr. Graef asked the petitioner to come forward.
Ron Iacobelli, owner of Four Seasons Shopping Center, stated Brandon Burk was also
present and worked for the previous studio’s owner. He explained when the last
variance was approved, he did not know it was address specific. He has asked the ZBA
for approval for all tenant spaces excluding the two end tenant spaces.
Brandon Burk stated the establishment will not only be body art but a multimedia of art.
He described there will be glass engraving, air-brushing, and graphic design as an
example.
Mr. Graef asked Mr. McLeod if it’s essentially moving one address to another within the
same plaza. Mr. McLeod stated yes.
Mr. D’Angelo stated concern, with the property address being different, if all the
notifications were sent out in the radius required.
Mr. McLeod stated the radius was measured by the overall property. The notifications
were sent to those within 300 ft. of the outside perimeter of the overall property.
There was discussion regarding which tenant space. It is tenant space #12 according to
the plaza’s system and 43755 is the address. The previous application was tenant
space #4.
Mr. Washburn asked Mr. McLeod if he was aware of any complaints regarding this site.
Mr. McLeod stated no.
Mr. Ujkic asked the petitioner to state the address for the tenant space. The petitioner
replied 43755.
Mr. D’Angelo asked for any other questions from the Board. Being none, he asked for
public participation. Being none, he asked for the Board for any other question or a
motion.
Motion by Mr. Militello, supported by Mr. Ujkic, in In the case of PZBA16-0029, BHM
Enterprises, LLC, 43755 Van Dyke, I move to APPROVE the requested use variance to
allow a body art facility as defined within the City’s Zoning Ordinance within the C-3
General Business Zoning District for the following reasons:
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;
Zoning Board of Appeals
Regular Meeting of January 19, 2017
Page 5
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. The proposed application solely represents the moving of the original approved
body art facility to a new, slightly smaller tenant location within the same
shopping center and does not represent an additional body art facility approval or
an expansion of an otherwise unpermitted use.
5. The hours of operation be limited to 11:00 a.m. to 8:00 p.m. as outlined within the
City’s Body Art Facility Ordinance.
6. All State, County, and City approvals will be maintained for the operation and
licensing of a body art facility.
7. The use variance will extinguish the prior use variance.
This motion is supported by the following findings:
1. That the current proposal is for a body art facility within the same shopping center
as previously approved in Case BZ11-005, B.H.M. Enterprises, LLC/Pandora
Tattoo and does not constitute an additional body art facility approval for the
same center.
2. The site does not abut any residentially zoned or utilized properties and is only
abutted by C-2 Planned Comparison Business, C-3 General Business, and M-1
Light Industrial Zoning Districts.
3. The property in question cannot be reasonably used or cannot yield a reasonable
return on a prudent investment if the property were to be used only for a purpose
allowed in the zoning district where the property is located.
4. The plight is due to unique circumstances peculiar to the property and not to
general neighborhood conditions.
5. The use to be authorized by the variance will not alter the essential character of
the area and locality.
6. The problem is not self-created.
7. The spirit of this ordinance will be observed, public safety and welfare secured,
and substantial justice done.
8. There is compliance with the Zoning Ordinance standards for discretionary
decisions.
Mr. Graef asked for discussion on the motion.
Mr. Deming suggested amending the motion, for the body art portion of the business, to
be closed at 6:00 p.m. on Sundays and national holidays.
Zoning Board of Appeals
Regular Meeting of January 19, 2017
Page 6
Motion by Mr. Militello, supported by Mr. Ujkic to AMEND #5 of the motion. The body
art portion of the business is to be closed at 6:00 p.m. on Sundays and national
holidays.
Motion by Mr. Militello, support by Mr. Ujkic, to AMEND motion by adding #7.
Mr. D’Angelo stated he would like to see this body art facility stay consistent with other
in the city regarding the hours.
Motion by Mr. Militello, supported by Mr. Ujkic, to WITHDRAW amendment to #5 of the
motion.
Mr. Graef asked for any other discussion on the motion. Being none, he called for a roll
call vote.
Ayes: Militello, Ujkic, Washburn, D’Angelo, Deming, Graef, Jean
Nays: None
Absent: None.
Motion Carried
PZBA16-0030 – Ervis Hoxha
Requesting Board approval for the following variances: 1) to allow two (2) lots (proposed
split) that do not meet the minimum lot frontage; fifty three (53) feet and sixty (60) feet
respectively – eighty (80) feet required; 2) to permit a lot that does not meet minimum lot
area requirements; 7,354 square feet – 10,000 square feet required. - West side of
Clinton River Road, between Leslie Drive and Canal Road in Section 03.
Property address: 8390 Clinton River Road
Mr. Graef asked Mr. McLeod to give an overview of the case.
Mr. McLeod displayed site plans and gave an overview. He stated the applicant is
proposing to split a single lot for the purpose of constructing an additional single family
residence.
Mr. Militello discussed with Mr. McLeod what size/type houses would fit on this lot if the
spilt was approved.
Mr. Graef asked the petitioner to come forward.
Arthur Koki, designer for Mr. & Mrs. Hoxha, came forward to the podium. He stated the
Hoxha’s wish to build a new home so their parents can live in the existing home on the
lot. He also stated he has previously designed homes in the Grosse Pointe area where
the lots are 40 feet and could design a house around 2,800 sq. ft.
Mr. Graef asked the Board for any questions for the petitioner.
Mr. Militello asked what size house they are planning on putting on the new proposed
lot.
Arthur stated they are looking to build a colonial around 2,000 sq. ft.
Mr. Ujkic asked how big the existing house is. Arthur answered 1,500 sq. ft.
Mr. Graef asked for any other question/comments from the Board. Being none, he
asked for public participation. Being none, he asked for any further questions or a
motion from the Board.
MOTION TO APPROVE (Lot Width):
Zoning Board of Appeals
Regular Meeting of January 19, 2017
Page 7
Motion by Mr. Ujkic, supported by Mr. Militello, in the case of PZBA16-0030, Ervis
Hoxha, 8390 Clinton River Road, I move to APPROVE the requested twenty seven (27)
and twenty (20) foot variances to the minimum lot width 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. The lots are located in an area of the City that contains other similar sized and
configured lots.
b. The properties to the east of Clinton River Road are zoned for R-60 One
Family Residential which is generally consistent with the lot size and
configuration proposed by the applicant.
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 petitioner in writing. Failure to follow these requirements will be
grounds to revoke the variance.
2. Second, the petitioner must comply with the following conditions requested by the
Office of Planning:
a. Appropriate lot split and building permit 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.
b. The reduced lot widths shall not be grounds for requesting future variances for
the individual lots.
c. The variances shall expire, without the need for any action by this Board, if
the lot split is not approved as proposed within one year.
Mr. Graef asked for any questions or comments on the motion. Being none, he called
for a roll call vote.
Ayes: Ujkic, Militello, D’Angelo, Deming, Graef, Jean
Nays: Washburn
Absent: None.
Motion Carried.
MOTION TO APPROVE (Lot Area):
Motion by Mr. Ujkic, supported by Mr. Militello, in the case of PZBA16-0030, Ervis
Hoxha, 8390 Clinton River Road, I move to APPROVE the requested 2,646 square foot
variance to the minimum lot area 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.
Zoning Board of Appeals
Regular Meeting of January 19, 2017
Page 8
2. Second, the following additional facts have been established as part of the
record:
a. Similar size lots are located within this section of the City.
b. The requested lot sizes are not grossly inconsistent with the R-60 One Family
Residential Zoning District located directly across the street to the east.
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 petitioner in writing. Failure to follow these requirements will be
grounds to revoke the variance.
2. Second, the petitioner must comply with the following condition requested by the
Office of Planning:
a. Appropriate lot split and building permit 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.
b. The reduced lot areas shall not be grounds for requesting future variances for
the individual lots.
c. The variances shall expire, without the need for any action by this Board, if
the lot split is not approved as proposed within one year.
Mr. Graef called for a roll call vote.
Ayes: Ujkic, Militello, D’Angelo, Deming, Graef, Jean
Nays: Washburn
Absent: None.
Motion Carried
PZBA16-0031 – Dan McCarthy
Requesting Board approval for a variance of one hundred and thirty-six (136) feet
to the maximum size of an accessory building - East side of Ryan between 18 and
18 ½ Mile Roads in Section 08.
Property address: 41776 Ryan Road
Mr. Graef asked Mr. McLeod to give an overview of the case.
Mr. McLeod displayed site plans and gave an overview. He stated the applicant is
proposing to split off a portion of the subject property to sell to a developer which is in
the process of accumulating properties in the area. According to the ordinance, the
proposed resultant split would leave the property with insufficient land area to support
the size of the existing accessory building located on the property.
Mr. Graef asked the petitioner to come forward.
Dan McCarthy, commercial broker handling the property, came forward to the podium.
He stated they have already purchased the two parcels to the south. The property to
the north is under contract to purchase. He also has a purchase agreement to purchase
the spit of property 41776 Ryan Rd. He is asking for a use variance because the
existing accessory building on this property would be beyond what is permitted by the
ordinance.
Zoning Board of Appeals
Regular Meeting of January 19, 2017
Page 9
Mr. Graef asked the Board for any questions for the petitioner.
Mr. Militello asked Mr. McCarthy what will be developed on the property. Mr. McCarthy
stated they will be developing residential on the approximate seven acres.
Mr. Ujkic asked if they will be developing residential single homes or condominiums.
Mr. McCarthy stated they are not at that stage in the planning but would probably be
attached condominiums.
Mr. Washburn asked if they are planning on putting in a cul-de-sac road and how many
units will they put in. Mr. McCarthy stated yes they will put in a cul-de-sac road but do
not know how many units they will be allowed to develop.
Mr. Militello asked Mr. McLeod if they wanted to develop condominiums, will they have
to come back to the ZBA to get it rezoned for multi-family.
Mr. McLeod stated the developer has been in contact with the City Planner and the
concept plan that was provided was for detached condominiums. The total number of
units may be in the teens. He stated it would probably be Planning Commission issues
more than the Zoning Board.
Mr. Graef asked for any other question/comments from the Board. Being none, he
asked for public participation.
Jack Maklish stated his backyard would be facing the new development. He expressed
concern whether there will be condominiums or single family homes built.
Mr. Graef asked for any further public participation. Being none, he asked for any
further questions or a motion from the Board.
Motion by Mr. D’Angelo, supported by Mr. Washburn, in the case of PZBA16-0031, Dan
McCarthy, 41776 Ryan Road, I move to APPROVE the requested one hundred and
thirty six (136) square foot variance to the maximum permissible accessory building size
to allow for the existing accessory building consisting of 1,536 square feet 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. The accessory building is existing and its current size, location, and
configuration will not be changed by the proposed lot split and will not impact
any of the adjacent residences.
b. The accessory building would still be located approximately one hundred and
twenty five (125) feet from the eastern property line, should the property be
split as proposed.
c. The property owner to the north, which would likely be impacted the most,
also has a similar (but slightly smaller) accessory building along the mutual
property line, therefore minimizing the impact of the larger size of the
accessory building on the northern property.
This motion includes the following conditions:
Zoning Board of Appeals
Regular Meeting of January 19, 2017
Page 10
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 petitioner in writing. Failure to follow these requirements will be
grounds to revoke the variance.
2. Second, the petitioner must comply with the following conditions requested by the
Office of Planning:
a. Appropriate lot split approvals must be obtained in order for the variance to
become effective.
b. The disproportionate size allowed by the variance shall not be deemed a valid
reason for a developer to request any variances relating to the future
development of the rear portion of the property.
c. The variance shall expire, without the need for any action by this Board, if the
lot split is not approved as proposed within one year.
Mr. Graef asked for any question/comments on the motion. Being none, he called for a
roll call vote.
Ayes: D’Angelo, Washburn, Deming, Graef, Jean, Militello, Ujkic
Nays: None
Absent: None
Motion Carried
PZBA16-0025 – Zak Essak - Venezia Grand Banquet Hall
Requesting Board approval for the following variances: 1) to permit a freestanding sign
to encroach eleven (11) feet into the required twelve (12) foot setback from the front
property line, 2) to permit a freestanding sign to exceed the maximum height permitted
by eleven and one half (11.5) feet, and 3) to permit a freestanding sign to exceed the
maximum area permitted by five hundred and eighty four (584) feet.
- East side of Van Dyke between Parkside Circle and Gage Crescent in Section 10.
Property address: 42300 Van Dyke
Mr. Graef asked Mr. McLeod to give an overview of the case.
Mr. McLeod displayed site plans and gave an overview. He stated the applicant has
revised the sign to be at a maximum height of 21 feet.
Mr. Graef asked the petitioner to come forward.
Mr. Zak Essak came forward to the podium. He stated they are trying to put something
unique in Sterling Heights.
Mr. Graef asked the Board for any questions for the petitioner.
Mr. Ujkic asked the petitioner how much the sign was reduced to. Mr. Essak stated it
has been revised to 21 ft. by 21ft.
Mr. Ujkic asked Mr. McLeod how much the total area was reduced by. Mr. McLeod
stated the total square footage was 704 and now is 449. The variance request has gone
from 584 sq. ft. to 329 sq. ft. He stated the current ordinance would allow 120 sq. ft.
There was much discussion and comments regarding the overall size of the sign and
the reasons for it.
Mr. Graef asked the petitioner what is the hardship for allowing this size of a sign.
Zoning Board of Appeals
Regular Meeting of January 19, 2017
Page 11
The petitioner did not state any hardship.
Mrs. Jean stated the Board is to represent residents living in the area.
Mr. Essak stated he doesn’t feel the lights will shine around/through his building to affect
any residents.
Mr. Graef closed the discussion and asked for public participation.
Louis Patterson, 8063 Gage Crescent, stated concern for the height of the sign as he
would be able to see it illuminated from his house and he is also concerned it may
obstruct vision when pulling out of any of the businesses near the property.
James Patterson, 8064 Gage Crescent, stated the sign would be visible from his
bedroom window.
Mr. Graef asked for any further public participation. Being none, he asked for any
further questions from the Board.
Mr. Graef asked if the 11 ft. encroachment would be changed because the sign
dimensions have changed. Mr. McLeod stated it would be different but the plan was not
revised.
Mr. Graef asked for a motion.
Motion by Mr. Deming, supported by Mr. Militello, in the case of PZBA16-0025, Zak
Essak, on behalf of Grand Venezia Banquet Hall, 43200 Van Dyke, I move to DENY the
requested variance(s) for the following reasons:
1. The alleged hardships are (or will be) self-created.
2. The applicant has not demonstrated that lesser variances could not provide relief
and allow a sign to be constructed.
3. Conformity with the dimensional restrictions for the sign would not be
unnecessarily burdensome.
4. The applicant’s plight is not due to anything unique about the property, sign
location, or road configuration.
Mr. Graef asked for any discussion on the motion.
Mr. D’Angelo suggested to Mr. Deming that #5 of the motion may not be needed.
Motion by Mr. Deming, supported by Mr. Militello, to AMEND motion by removing #5.
Ayes: Deming, Militello, Graef, Jean, Washburn, D’Angelo
Nays: Ujkic
Absent: None.
Motion Carried
APPROVAL OF MINUTES
Motion by Mr. Militello, supported by Mr. Ujkic, to APPROVE minutes for December 22,
2016 meeting.
Ayes: Militello, Ujkic, Washburn, D’Angelo, Deming, Graef, Jean
Nays: None
Absent: None
Abstained: None
Motion Carried
NEW BUSINESS
Zoning Board of Appeals
Regular Meeting of January 19, 2017
Page 12
The city administration would like to do an approximate half hour presentation for the
city’s direction of all the Zoning Board amendments and the coming adoption of the
Master Plan.
Motion by Mr. Militello, supported by Mr. Washburn, to add a presentation from the city
administration. Should the agenda close with just one item; the matter will be
incorporated into the primary meeting as a second agenda or new business item. If the
agenda should have additional items added before it closes, the Board is in agreement
to have a special meeting at 6:00 p.m. to handle the city’s presentation.
OLD BUSINESS
None
PUBLIC PARTICIPATION
None
MOTION TO ADJOURN
Motion by Mr. Ujkic, supported by Mr. Militello, to ADJOURN .
Ayes: Militello, Ujkic, Washburn, D’Angelo, Deming, Graef, Jean
Nays: None
Absent: None
Motion Carried
Meeting adjourned at 9:35 p.m.
David Graef, Chairman
Zoning Board of Appeals
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