Zoning Board of Appeals

STERLING HEIGHTS ZONING BOARD OF APPEALS REGULAR MEETING CITY HALL February 23, 2017 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI SUBJECT: Minutes of the Regular Meeting of the Zoning Board of Appeals held February 23, 2017. Mr. Graef called the meeting to order at 7:00 p.m. Members present at roll call: Dale Deming, David Graef, Junina Jean, Stefano Militello, and Pashko Ujkic Members absent at roll call: Derek D’Angelo – Excused Ray Washburn - Excused Also in attendance: Chris McLeod, City Planner Clark Andrews, City Attorney APPROVAL OF AGENDA Motion by Mr. Militello, supported by Mr. Ujkic, to APPROVE the Agenda. Ayes: Militello, Ujkic, Deming, Graef, Jean Nays: None Absent: D’Angelo and Washburn Motion carried. CORRESPONDENCE A request for postponement for case PZBA17-0002 was submitted. PZBA17-0001 – Father & Son Construction Co. Requesting board approval for the following: 1) a variance to allow a residential building addition within the required side yard setback - East side of San Angelo, south of Plumbrook in Section 22. Property address: 38282 San Angelo Drive Mr. Graef asked Mr. McLeod to give an overview of the case. Mr. McLeod displayed site plans and gave an overview stating applicant is currently proposing to construct an addition onto an existing single family residence which would cantilever into the required side yard setback. In addition, the existing residence has a cantilevered portion of the house that currently extends into the same required side yard setback with no Zoning Board of Appeals approval. Mr. Militello asked Mr. McLeod when the house was built, was it an oversite of the city or was it granted at the time. Mr. McLeod stated there was a discrepancy on the original permit. The building plans were done as a Master Plan which showed the cantilever happening. The plot plan that was submitted to the city for this property did not show the cantilever. Mr. Graef asked the petitioners to come forward to the podium. Jim Bishop, Father & Son Construction and Anthony Norwicki, homeowner came forward to the podium. Mr. Graef asked the Board for any questions. Being none, he asked for public participation. Being none, he asked the Board for any further comments, questions or a motion. Zoning Board of Appeals Regular Meeting of February 23, 2017 Page 2 Motion by Mr. Militello, supported by Mr. Deming, in the case of PZBA17-0001, Father and Son Construction, 38282 San Angelo, I move to APPROVE the requested variance of 3.67 feet into the required side yard setback for the proposed second story cantilevered addition as well as a variance of 1.37 feet in the required side yard setback for the existing first floor cantilevered portion of the residence, 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. This site condominium unit is unusually configured, abuts open space dedicated to the overall site condominium, the unit is located on a cul-de-sac adjacent at the terminus of San Angelo, in a development that was approved as part of a Conditional Rezoning Agreement. 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 side yard setback being impacted is immediately adjacent to open space/common area of the site condominium project and will not impact any other residences. b. The proposed addition, as well as the existing portion of the residence, is cantilevered and does not require a foundation or footings and does not contain a significant amount of building mass. c. The existing portion of the building which extends into the required side yard setback was constructed pursuant to permits issued by the City. This motion includes the following conditions: Mr. Graef asked for any discussion on the motion. Being none, he called for a roll call vote. Ayes: Militello, Deming, Ujkic, Graef, Jean Nays: None Absent: D’Angelo and Washburn Motion Carried PZBA17-0002 - Ziad Koza – 18-Dequindre Investments, LLC Requesting board approval for the following: 1) a variance to allow parking in the required front yard setbacks of 18 Mile Road and Dequindre Road, 2) a variance to allow a gas canopy within the required front yard setback, 3) to allow an existing gasoline service station to be reconstructed on a lot of less than 21,000 square feet, 4) a variance to allow a building within the required 35 foot rear setback, 5) a variance to reduce the total number of parking spaces provided for a gasoline service station – Southeast corner of 18 Mile Road and Dequindre in Section 18. Property address: 40980 Dequindre Road Mr. Graef stated a letter was submitted to request postponement to the March 23, 2017 meeting. Motion by Mr. Militello, supported by Mr. Ujkic, in the case of PZBA17-0002, Ziad Koza, 40980 Dequindre Road, I move to POSTPONE to the March 23, 2017 meeting. Ayes: Militello, Ujkic, Deming, Graef, Jean Nays: None Absent: D’Angelo and Washburn Motion Carried Mr. Graef stated for case of PZBA17-0002 there will not be another mailing of notification for the March 23rd meeting. Zoning Board of Appeals Regular Meeting of February 23, 2017 Page 3 APPROVAL OF MINUTES Motion by Mr. Militello, supported by Mr. Ujkic, to APPROVE minutes for the January 19, 2016 meeting. Ayes: Militello, Ujkic, Deming, Graef, Jean Nays: None Absent: D’Angelo and Washburn Abstained: None Motion Carried NEW BUSINESS Presentation - City of Sterling Heights Vision 2030, 2017 Master Land Use Plan, New Zoning Ordinance Requirements Mr. McLeod introduced the presenters stating the presentation is to further the understanding of the plans and changes for the city. Jeff Bahorski, Assistant City Manager, came forward to the podium. He stated he would like to provide the ZBA clarity of the 2030 Vision Plan. The two topics he presented were Vision Statement and Guiding Principles. Denise Gerstenberg, City Development Director, shared a presentation on Place Making Initiatives to build a strong community which included:  Recreating Recreation  Sterling Innovation District  “I Love My Park” – Neighborhood Park Place Making Initiative  Public Art Initiative  Corridor Improvement Authority  Reforestation  Anniversary Celebration  New Resident Forums  New Landscaping Ordinances  Sterling Shines - Sterling Pride and Shine Month  C.O.R.E. – Police Community Outreach & Engagement Program Mr. Graef asked if the Board had any questions for the presenters. There were none. OLD BUSINESS None PUBLIC PARTICIPATION None MOTION TO ADJOURN Motion by Mr. Militello, supported by Mr. Ujkic, to ADJOURN. Ayes: Militello, Ujkic, Deming, Graef, Jean Nays: None Absent: D’Angelo and Washburn Motion Carried Meeting adjourned at 7:37 p.m. Respectfully submitted David Graef, Chairman Zoning Board of Appeals Regular Meeting of February 23, 2017 Page 4 Zoning Board of Appeals