Zoning Board of Appeals

STERLING HEIGHTS ZONING BOARD OF APPEALS REGULAR MEETING CITY HALL April 27, 2017 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI SUBJECT: Minutes of the Regular Meeting of the Zoning Board of Appeals held April 27, 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, Pashko Ujkic, and Ray Washburn Members absent at roll call: Stefano Militello– Excused Also in attendance: Chris McLeod, City Planner Don DeNault, City Attorney APPROVAL OF AGENDA Motion by Mr. D’Angelo, supported by Mr. Ujkic, to APPROVE the Agenda. Ayes: D’Angelo, Ujkic, Deming, Graef, Jean, Washburn Nays: None Absent: Militello Motion carried. CORRESPONDENCE One item received; to be discussed with case PZBA17-0007. PZBA17-0007 - Luigi Bollini Requesting board approval of an eleven (11) foot variance to the minimum lot width requirement to create two separate parcels that are eighty nine (89) feet in width - North side of Nineteen Mile Road between Vintners Place Drive and Mound Road in Section 05. Property address: 5633 Nineteen 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 requesting approval of a variance to allow two individual single family lots to be created through the City’s land division process. He stated the driveway would have to be modified should the variance (and split) be granted. One driveway cannot service two residents. Each lot would have to provide its own driveway. Mr. Graef asked the petitioner to come forward to the podium. The petitioner came forward to the podium. He stated they are asking for the variance so his son can build his home on the property. Mr. Graef asked the Board for any questions. Mr. Washburn asked the petitioner if he had any problems with relocating the driveway. The petitioner stated he did not have a problem and it will all be in concrete. Mr. Graef asked the Board for any further questions. Being none, he asked for any public participation. Being none, he asked for a motion. Motion by Mr. Ujkic, supported by Mr. Deming, in the case of PZBA17-0007, Luigi Bollini, 5633 19 Mile Road, I move to APPROVE the requested variance of eleven (11) feet to the required lot width of one hundred (100) feet, which would allow the requested lot width of eighty nine (89) feet, for the following reasons: Zoning Board of Appeals Regular Meeting of April 27, 2017 Page 2 1. That the site fronts directly on 19 Mile Road which is designated as a major thoroughfare within the City’s Master Roadway Plan. 2. That the property on the south side of 19 Mile Road is zoned and developed pursuant to the City’s R-80 One Family Residential District which permits single family lots on smaller lots than those proposed by the applicant. 3. That the resultant lots will have excess lot depth, beyond that required by the R- 100 One Family Residential Zoning District. 4. That the resultant lots will have excess lot area, beyond that required by the R- 100 One Family Residential Zoning District. 5. That the property immediately to the west is approximately ninety two (92) feet in width, which is less than the required minimum lot width of one hundred (100) feet. 6. The property to the west of Vintners Place Dr. is approximately seventy three (73) feet in width, which is less than the required minimum lot width of one hundred (100) feet. 7. The property to the east of Rhineland Dr. is approximately eighty three (83) feet in width, which is less than the required minimum lot width of one hundred (100) feet. 8. A practical difficulty exists in carrying out the strict letter of the Zoning Ordinance, the practical difficulty is due to the unique circumstances of the lot and the lot’s proximity to 19 Mile Road and nearby Mound Road, and it 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. 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 variances. 2. Second, the petitioner must comply with the following conditions requested by the Office of Planning: a. The driveway which traverses to the two (2) proposed lots is modified to service only one (1) site and a separate new driveway be established for the additional lot. b. The applicant’s lot split application SPL-0811 must be finalized and any additional issues which arise due to its review must be resolved by the applicant. c. The variances shall expire, without the need for any action by this Board, if the appropriate approvals are not sought and obtained within one (1) year. d. The current variance application shall not be a rationale for any future variance requests. e. Any additional variance requests may be grounds for the revocation or revision of this variance. Zoning Board of Appeals Regular Meeting of April 27, 2017 Page 3 Mr. Graef asked for any discussion on the motion. Mr. D’Angelo asked if the applicant would be allowed to connect the two driveways at any time in the future. Mr. McLeod stated they possibly could, depending on how the grating and drainage in that area is configured. Mr. Graef asked for any further discussions. Being none, he called for a roll call vote. Ayes: Ujkic, Deming, Washburn, D’Angelo, Graef, Jean Nays: None Absent: Militello Motion carried. PZBA17-0008 – Jaafar Chehab Requesting board approval for the following: 1) a 10.75 foot variance to allow parking in the required front yard setback of Dequindre Road; 2) a 24.42 foot variance to the required rear yard building setback; 3) a 34.58 foot variance to the required side yard building setback; and 4) a variance to allow a district wall to be constructed not on the property line - East side of Dequindre Road between 14 and 15 Mile Road in Section 31. Property address: 33686 Dequindre 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 requesting approval of four variances to allow for the construction of a 7,020 square foot office building on the existing one acre site. The preliminary floor plans provided indicate the potential for up to four tenant spaces within the office complex. Mr. Graef asked the petitioner to come forward to the podium. Jaafar Chehab came forward to the podium. He stated they are asking for the variances because that is the only way the development can be built. Mr. Graef asked the Board for any questions. Mr. Ujkic asked the petitioner what kind of businesses will be in the building, if they would have any type of urgent care or 24 hour businesses, and if they have any perspective tenants. Mr. Chehab stated doctors, lawyers, etc.; 9 to 5 type businesses. He also stated they have not sought any tenants because they are waiting to see if the development gets approval by the ZBA to move forward. Mr. Deming asked the Board and Mr. McLeod if it is possible to let the petitioner remove an island in the parking area because of possible difficulty for snow removal. Mr. McLeod stated the petitioner would have to ask for another variance. Kevin Brandon came forward to the podium. He suggested they could eliminate a couple parking spaces to move the island to the east. This would give more maneuverability for things like snow removal. Mr. McLeod stated it could be discussed and looked at during the site plan review. Mr. Washburn asked if there was any discussion on relocating the building anywhere else on the property. Zoning Board of Appeals Regular Meeting of April 27, 2017 Page 4 Mr. Brandon stated they looked at different scenarios but they were trying to keep the building and the driveway further from the subdivision. Mr. Washburn asked about area they would be dumping the snow and if they planned on putting it near resident’s property. Mr. Brandon stated with the extra space they would have, they could create a snow pack area and would definitely not put over the wall by the residents. Mr. D’Angelo asked the petitioner how many extra spots they have on the plans for the property and why is the front setback needed. Mr. Brandon stated there would be nine extra spaces and that the variance for the front yard setback was somewhat of an oversight and could possibly be removed. Mr. D’Angelo stated he didn’t see a need for the front yard setback. He asked Mr. McLeod what the reason was for the wall to not be on the property line. Mr. McLeod explained the property line is very close to the right of way and that they would have room for additional landscaping to soften the look of the masonry wall. There was discussion regarding the maintenance of the landscaping and property on the resident’s side of the wall. Mr. Graef asked if there were any public participation. Being none, he asked the Board for any further comments, questions or a motion. Motion by Mr. D’Angelo, supported by Mr. Washburn, in the case of PZBA17-0008, Jaafar Chehab, 33686 Dequindre, I move to APPROVE the requested variance of 24.42 feet to the required rear yard setback to allow the building to be located 50.58 feet from the eastern property line, for the following reasons: 1. First, the site abuts the right of way for Rosewood Drive and the abutting open space area for the Oak Pointe Subdivision. 2. Second, a district wall is being provided along the eastern property line. 3. Third, the building as proposed ranges from twenty to twenty six (20-26) feet in height. 4. Fourth, the property in the area of the building has a depth of only one hundred and forty one (141) feet and is subject to a front yard setback and an increased setback from residential properties to the south and east. 5. Fifth, 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 lot because the property essentially has frontage on three (3) roadways, including Dequindre, Oak Pointe Drive, and Rosewood Drive. 6. Sixth, 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. 7. Lighting shall be shaded as to not directly reflect or shine on any residential properties 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 Zoning Board of Appeals Regular Meeting of April 27, 2017 Page 5 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 variances. 2. Second, the petitioner must comply with the following conditions requested by the Office of Planning: a. The applicant must work with the Office of Planning to provide additional trees and shrubs be provided along the eastern side of the district wall. b. That an appropriate maintenance and access agreement be provided for the long term maintenance of the required plantings. c. The variances shall expire, without the need for any action by this Board, if the appropriate approvals are not sought and obtained within one (1) year. d. The approval of this variance shall not be a rationale for any future variance requests. e. Any additional variance requests may be grounds for the revocation or revision of the current variance application. Mr. Graef asked for any discussion on the motion. Mr. Washburn suggested adding to the motion restrictions regarding lighting facing the residents. Motion by Mr. D’Angelo, supported by Mr. Washburn, to AMEND by adding #7. Mr. Graef asked for any further discussion on the motion. Being none, he called for a roll call vote. Ayes: D’Angelo, Washburn, Deming, Graef, Jean, Ujkic Nays: None Absent: Militello Motion carried. Motion by Mr. D’Angelo, supported by Mr. Ujkic, in the case of PZBA17-0008, Jaafar Chehab, 33686 Dequindre, I move to APPROVE the requested variance of 34.58 feet to the required side yard setback requirement to allow the building to be located 15.42 feet from the southern property line, for the following reasons: 1. First, the site abuts the right of way for Oak Pointe Drive and the abutting open space area for the Oak Pointe Subdivision. 2. Second, the right of way for Oak Pointe Drive is eighty six (86) feet and is constructed as a boulevard entry which provides greater separation to the properties further to the south. 3. Third, a district wall along with evergreen plantings are being provided along the southern property line. 4. Fourth, the building as proposed ranges from twenty to twenty six (20-26) feet in height. 5. Fifth, the property in the area of the building has a depth of only one hundred and forty one (141) feet and is subject to a front yard setback and an increased setback from residential properties to the south and east. 6. Sixth, the property to the south of Oak Pointe Drive is a storm water facility for the adjacent subdivision development. Zoning Board of Appeals Regular Meeting of April 27, 2017 Page 6 7. Seventh, 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 lot in that the property essentially has frontage on three (3) roadways, including Dequindre, Oak Pointe Drive, and Rosewood Drive. 8. Eighth, 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. 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 variances. 2. Second, the petitioner must comply with the following conditions requested by the Office of Planning: a. The applicant must work with the Office of Planning to provide additional trees and shrubs be provided along the southern property line along the proposed evergreen plantings and district wall. b. That an appropriate maintenance and access agreement be provided for the long term maintenance of the required plantings. c. The variances shall expire, without the need for any action by this Board, if the appropriate approvals are not sought and obtained within one (1) year. d. The approval of this variance shall not be a rationale for any future variance requests. e. Any additional variance requests may be grounds for the revocation or revision of the current variance application. f. The exterior of the building shall be of a neutral color as approved by the Planning Department. Mr. Graef asked for any discussion on the motion. Mr. Washburn asked if there should be anything added regarding landscaping. It was discussed and decided nothing needed to be added. He also asked about adding verbiage stating the building would have to be of a neutral color. Motion by Mr. D’Angelo, supported by Mr. Ujkic to AMEND by adding “f” under #2 of the conditions. Mr. Graef asked for any further discussion on the motion. Being none, he called for a roll call vote. Ayes: D’Angelo, Ujkic, Deming, Graef, Jean, Washburn Nays: None Absent: Militello Motion carried. Motion by Mr. D’Angelo, supported by Mr. Washburn, in the case of PZBA17-0008, Jaafar Chehab, 33686 Dequindre, I move to APPROVE the requested variance to not require the required zoning district boundary wall to be constructed on the property line, for the following reasons: Zoning Board of Appeals Regular Meeting of April 27, 2017 Page 7 1. First, the site abuts the right of way for Rosewood Drive in some areas and is in very close proximity to the road right of way/open space areas along Oak Pointe Drive and Rosewood Drive in others. 2. Second, the close proximity of the zoning district wall to the road rights of way along Oak Pointe Drive and Rosewood Drive is not desirable. 3. Third, the use of landscaping to the eastern/southern side of the boundary wall would provide a more desirable aesthetic and means of buffering to the abutting residential properties. 4. Fourth, 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 lot in that the property essentially has frontage on three (3) roadways, including Dequindre, Oak Pointe Drive, and Rosewood Drive. 5. Fifth, 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. 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 variances. 2. Second, the petitioner must comply with the following conditions requested by the Office of Planning: a. The applicant must work with the Office of Planning and the abutting residential subdivision to provide additional plantings on the south and east side of the proposed wall. b. That an appropriate maintenance and access agreement be provided for the long term maintenance of the required plantings. c. The variances shall expire, without the need for any action by this Board, if the appropriate approvals are not sought and obtained within one (1) year. d. The approval of this variance shall not be a rationale for any future variance requests. e. Any additional variance requests may be grounds for the revocation or revision of the current variance application. Mr. Graef asked for any discussion on the motion. Being none, he called for a roll call vote. Ayes: D’Angelo, Washburn, Deming, Graef, Jean, Ujkic Nays: None Absent: Militello Motion carried. Motion by Mr. Ujkic, supported by Mr. Deming, in the case of PZBA17-0008, Jaafar Chehab, 33686 Dequindre, I move to APPROVE the requested variance of 10.75 feet to allow parking within the required front yard setback, for the following reasons: Zoning Board of Appeals Regular Meeting of April 27, 2017 Page 8 1. First, the portion of the maneuvering lane that encroaches into the required front yard setback equates to approximately twenty one (21) percent of the overall site frontage. 2. Second, the proposed landscape plan provides frontage greenbelt trees, shrubs, and a perennial and wildflower bed in the area of the encroachment. 3. Third, 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 lot because the property essentially has frontage on three (3) roadways, including Dequindre, Oak Pointe Drive, and Rosewood Drive. 4. Fourth, 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. 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 variances. 2. Second, the petitioner must comply with the following conditions requested by the Office of Planning: a. The applicant must work with the Office of Planning to increase the number of tree and shrub plantings in this area to provide additional buffering of the parking encroachment. b. The variances shall expire, without the need for any action by this Board, if the appropriate approvals are not sought and obtained within one (1) year. c. The approval of this variance shall not be a rationale for any future variance requests. d. Any additional variance requests may be grounds for the revocation or revision of the current variance application. Mr. Graef asked for any discussion on the motion. Being none, he called for a roll call vote. Ayes: Ujkic, Deming, Washburn, Graef, Jean Nays: D’Angelo Absent: Militello Motion carried. APPROVAL OF MINUTES Motion by Mr. Ujkic, supported by Ms. Deming, to APPROVE minutes for the March 23, 2017 meeting. Ayes: Ujkic, Deming, D’Angelo, Jean, Nays: None Absent: Militello Abstained: Graef and Washburn Motion Carried NEW BUSINESS None Zoning Board of Appeals Regular Meeting of April 27, 2017 Page 9 OLD BUSINESS None PUBLIC PARTICIPATION None MOTION TO ADJOURN Motion by Mr. Ujkic, supported by Mr. Deming, to ADJOURN. Ayes: Ujkic, Deming, Washburn, D’Angelo, Graef, Jean Nays: None Absent: Militello Motion Carried Meeting adjourned at 8:08 p.m. Respectfully submitted, David Graef, Chairman Zoning Board of Appeals