Zoning Board of Appeals

STERLING HEIGHTS ZONING BOARD OF APPEALS REGULAR MEETING CITY HALL August 24, 2017 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI SUBJECT: Minutes of the Regular Meeting of the Zoning Board of Appeals held August 24, 2017. Mr. Graef called the meeting to order at 7:15 p.m. Members present at roll call: Derek D’Angelo, Dale Deming, David Graef, and Pashko Ujkic Members absent at roll call: Junina Jean, Stefano Militello, and Ray Washburn Also in attendance: Chris McLeod, City Planner Don DeNault, City Attorney APPROVAL OF AGENDA Motion by Mr. Deming, supported by Mr. Ujkic, to APPROVE the Agenda. Mr. Deming suggested moving case #2 to #1. Motion by Mr. Deming, supported by Mr. Ujkic, to AMEND the Agenda by putting case PZBA17-0015-Heritage Church of Macomb from #2 to #1. Ayes: Deming, Ujkic, D’Angelo, Graef Nays: None Absent: Jean, Militello, Washburn Motion carried. CORRESPONDENCE None PZBA17-0015 – Heritage Church of Macomb Requesting board approval to allow a modification to the existing use variance for a place of worship that if granted would allow a 7,875 square-foot office addition and auditorium renovation with increased seating. Current Zoning: C-2 Planned Comparison Business District Location: West side of Schoenherr Road and south of Hall Road in Section 02. Property address: 44625 Schoenherr Road Mr. Graef suggested to the petitioner they postpone the meeting until next month due to only four Board members being present. Chad Asman, architect and representative for Heritage Church, 44625 Schoenherr Road, came forward to the podium. He agreed to postpone until next ZBA meeting. Mr. Graef asked for any public participation. Being none, he asked the Board for any comments or questions. Motion by Mr. D’Angelo, supported Mr. Ujkic, in the case of PZBA17-0015, Heritage Church of Macomb, Chad Asman, 44625 Schoenherr Road, I move to POSTPONE the request for the modification to the existing use variance to the next regular scheduled meeting on September 28, 2017. Mr. Graef asked for a roll call vote. Ayes: D’Angelo, Ujkic, Deming, Graef Zoning Board of Appeals Regular Meeting of August 24, 2017 Page 2 Nays: None Absent: Jean, Militello, Washburn Motion carried. PZBA17-0014 – Basmit Building – Mike Razoky Requesting board approval for a variance that if granted would allow the applicant to not construct the required district boundary wall along a portion of the vacant property to the north. Current Zoning: O-1 Business and Professional Office District Location: East side of Dequindre Road between Fifteen Mile Road and Metropolitan Parkway in Section 30. Property address: 35614 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 request is to eliminate the required zoning district boundary wall essentially from the front building line towards the front property line at Dequindre Road. The request represents an elimination of approximately 40 feet of the zoning district boundary wall. The required wall would still be provided along those properties that are currently developed and occupied as single-family residences. Mr. Graef asked the petitioner to come forward to the podium. Mike Razoky, 1920 Bayou Dr., Bloomfield Hills, came forward to the podium. He stated since there is not a residential property developed abutting his property currently, he would like to put in greenery instead of a wall. Mr. D’Angelo asked why would the wall stop at the building cut off rather than where the two residents are and wouldn’t it be odd to have half a wall and half landscaping. Mr. McLeod stated he felt the applicant was trying to minimize his request as much as possible and if the property to the north was developed as non-residential, the parking lot would potentially extend north. Mr. D’Angelo stated concern if the property to the north eventually was developed as residential. Mr. McLeod explained the one of the suggested motions states if that property was developed as residential, the current variance would be revoked and the wall would have to go in. Mr. Deming asked the petition, for clarification, if he stated that he would put the wall in at a future date if the property was developed as residential and it was needed. He also asked Mr. DeNault if that would be binding, even if the he sold his property. Mr. Razoky stated he would put in a wall if needed at a later date. Mr. DeNault stated it would be binding if stated as a condition in the motion and it would be carried with the land if ever sold. Mr. Graef stated he is concerned the variance is asking for this change for aesthetic purposes. He stated when the other variances were approved, the public expressed concern and wanted a six-foot wall between the properties. It was decided in favor of the wall. He told the petitioner there are only four members present. It would need to be a unanimous vote. It was discussed among the Board if the wall should be put in now and possibly be torn down later if the property later became commercial. The petitioner has agreed to put up Zoning Board of Appeals Regular Meeting of August 24, 2017 Page 3 a wall if the adjacent property was developed as residential. For now, he has agreed to increase the landscaping to make it more aesthetically pleasing. Mr. Graef asked the Board for any other questions. Being none, he asked for public participation. Carl Woodard, attorney representing Robert and Carol Czerwienski, 2085 Maplecrest Rd, Sterling Heights, came to the podium. He stated they would like to see this variance request denied. He explained the current water issues and stated if the wall is not built they would have more run off problems from the parking lot. Mr. Graef asked the Board for any questions. Mr. D’Angelo asked Mr. McLeod if he knew how many storm drains are going to be on this property. Mr. McLeod showed the utility plan and explained the storm system seems to outline the parking lot. He stated all parking lots are required to be curbed. All the water in the parking lot should also be contained within the parking lot and go directly into the storm system. Mr. Graef asked the Board for any further questions. Mr. Razoky stated after working with the city’s engineers, the storm system that is in place will collect the water towards his property and drain to the city system. Mr. D’Angelo asked Mr. Razoky to confirm that his property is being developed lower than the adjacent properties so the water will come towards his property. He asked if the wall will make it worse for the water. Mr. Razoky stated the wall will not have anything to do with the water draining. It is just to separate commercial from residential. Mr. Deming stated he will support the residents and would vote for the wall to remain. Motion by Mr. D’Angelo, supported by Mr. Ujkic, in the case of PZBA17-0014, Basmit Office Building, Mike Razoky, 35614 Dequindre Road, I move to POSTPONE the request for the elimination of the required boundary district masonry wall to the next regular meeting, September 28, 2017, so that the petitioner may provide additional information to the Board. Mr. Graef asked for a roll call vote. Ayes: D’Angelo and Ujkic Nays: Deming and Graef Absent: Jean, Militello, Washburn Motion failed. Mr. Deming and Mr. Graef stated they could not support the motion because they felt it was up to the petitioner to state whether he wanted to postpone or not. Mr. Graef asked the petitioner if he would like to postpone. The petitioner stated he would like to postpone. Mr. D’Angelo asked Mr. McLeod if he could reach out to the two property owners to the north and discuss the request to see what they prefer. Mr. McLeod stated if it is a request of the Board, he would do so. Mr. Graef asked for any further questions from the Board or a motion. Zoning Board of Appeals Regular Meeting of August 24, 2017 Page 4 Motion by Mr. D’Angelo, supported by Mr. Ujkic, in the case of PZBA17-0014, Basmit Office Building, Mike Razoky, 35614 Dequindre Road, I move to POSTPONE the request for the elimination of the required boundary district masonry wall to the next regular meeting, September 28, 2017, so that the petitioner may provide additional information to the Board and the city may also reach out to the two northern property owners as requested by the Board. Mr. Graef asked for any discussion on the motion. Being none, he called for a roll call vote. Ayes: D’Angelo, Ujkic, Deming, Graef Nays: None Absent: Jean, Militello, Washburn Motion carried. APPROVAL OF MINUTES Motion by Mr. Ujkic, supported by Mr. Graef, to POSTPONE approval of the minutes for the July 20, 2017 meeting. Ayes: Ujkic, Graef, D’Angelo, Deming Nays: None Absent: Jean, Militello, Washburn Motion carried. NEW BUSINESS Notice of Election of Officers at September Meeting OLD BUSINESS None PUBLIC PARTICIPATION None MOTION TO ADJOURN Motion by Mr. Ujkic, supported by Mr. D’Angelo, to ADJOURN. Ayes: Ujkic, D’Angelo, Deming, Graef Nays: None Absent: Jean, Militello, Washburn Motion Carried Meeting adjourned at 8:09 p.m. Respectfully submitted, David Graef, Chairman Zoning Board of Appeals