Zoning Board of Appeals

STERLING HEIGHTS ZONING BOARD OF APPEALS REGULAR MEETING CITY HALL November 16, 2017 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI SUBJECT: Minutes of the Regular Meeting of the Zoning Board of Appeals held November 16, 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, Stefano Militello, and Pashko Ujkic Members absent at roll call: Junina Jean and Ray Washburn - Excused 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, D’Angelo, Deming, Graef Nays: None Absent: Jean and Washburn Motion carried. CORRESPONDENCE Email regarding PZBA17-0021. Letter from applicants, regarding PZBA17-0020, providing a description of the rationale for needed variances. Handwritten letter regarding PZBA17-0023. PZBA17-0023 – MGR Mold – Ronald A. Chiesa Requesting board approval for a variance to allow trucks to back in from a public street, with a right of way of eighty-six (86) feet or greater, for the purposes of loading and unloading. Current Zoning: M-1 Light Industrial District Location: East side of Merrill Rd. between Cotter Avenue and Burroughs Avenue in Section 4 Property address: 43282 Merrill 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 new 6,077 square foot industrial building that will have a loading dock that faces Merrill Road and will require trucks to back in from Merrill Road. Mr. Graef asked the petitioner to come forward to the podium. Ron Chiesa, architect from RA Chiesa, representing the owner of MGR Mold came to the podium. He gave an overview of the plan for loading and unloading the trucks to not interrupt traffic on Merrill Road. Mr. Graef asked for clarification, are they taking something that is potentially dangerous and improving the situation for the trucks. Mr. Chiesa stated yes. Mr. Graef asked the Board for any questions. Mr. D’Angelo asked for an estimate of how long it will take a truck to back into the truck well. He also asked if the truck would block both lanes or just one. Zoning Board of Appeals Regular Meeting of November 16, 2017 Page 2 Mr. Chiesa stated it would take about a minute or so to back in. He explained they made the truck well wider, at 16 feet, when a normal truck well is only 12 feet. This is to help the trucks maneuver quicker. He stated the trucks would only be blocking one lane while backing in. Mr. Deming stated concern regarding times when school buses may be running. Mr. D’Angelo asked Mr. Deming if he was aware of any bus stops on Merrill Rd. Mr. Deming was not aware of any. Mr. Graef asked for any further comments from the Board. Being none, he asked for public participation. Mr. Graef stated a letter was received from David Stutter, stating he is not opposed to the requested variance. Mr. Graef stated there is no public participation, he asked the Board for any further comments or a motion. Mr. Deming asked if the road could be monitored before any motion is made. Mr. McLeod stated the city is currently monitoring the traffic patterns of Merrill Road. Mr. Ujkic asked Mr. Chiesa questions regarding the different options for the trucks getting to the dock. He then purposed having a “flag man” to help direct the truck and any traffic to help any safety concerns. Mr. Deming stated he would accept having a “flag man” for his safety concerns. Mr. Graef asked Mr. Chiesa if there is a door near the loading dock. Mr. Chiesa stated yes. Motion by Mr. Militello, supported by Mr. Ujkic, in the case of PZBA17-0023, MGR Mold/RA Chiesa, 43282 Merrill Road, I move to APPROVE the requested use variance to allow for trucks to back into a loading and unloading dock from a road with a right of way of 86 feet or greater, for the following reasons: 1) The use as described within the application and by the applicant during the public hearing is for a use variance that does not significantly alter the use of the site, because the loading and unloading dock in the building to the north will be eliminated, and the change to the intensification to the use of the site will not be of a nature that will be a detriment to the abutting uses, but will actually create a safer situation by allowing the trucks within the loading and unloading dock to not be required to sit within the travel lanes of Merrill Road during loading/unloading procedures. 2) 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 without a viable truck dock alternative. 3) The plight is due to unique circumstances peculiar to the property and not to general neighborhood conditions because the property is located between two developed properties and is relatively small in size. 4) The use to be authorized by the variance will not alter the essential character of the area and locality. 5) The problem is not self-created. Zoning Board of Appeals Regular Meeting of November 16, 2017 Page 3 6) The spirit of the Zoning Ordinance will be observed, public safety and welfare secured, and substantial justice done. 7) There is compliance with the Zoning Ordinance standards for discretionary decisions. 8) The site does not immediately abut any residential uses which may be impacted by the proposed building and the site is and has been planned and zoned for industrial purposes. This motion includes the following conditions: 1) First, each of the three conditions set forth in the petitioner’s application shall be conditions of this approval, and failure to follow those conditions 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 modification to the use variance shall expire, without the need for any action by this Board, if the appropriate approvals are not sought and obtained within one (1) year. b) The approval of this use variance shall not be a rationale for any future variance requests. c) Any additional variance requests may be grounds for the revocation or revision of this use variance. d) Trucks shall not back into the site unless it is during the hours of 8:00 a.m. and 3:30 p.m. Ayes: Militello, Ujkic, D’Angelo, Deming, Graef Nays: None Absent: Jean and Washburn Motion carried. PZBA17-0021 – Jeffrey Schultz Requesting board approval for a use variance to permit additional traffic to come to a residence as part of a home occupation within a R-60 One Family Residential District. Current Zoning: R-60 One Family Residential District Location: Southwest side of Lesure Drive, south of 17 Mile Road, west of Dodge Park Road in Section 22 Property address: 11104 Lesure Drive Mr. Graef asked Mr. McLeod to give an overview of the case. Mr. McLeod gave an overview stating the applicant is requesting a use variance to allow for an accessory home occupation that will generate traffic. Home occupations are permissible in the City’s Residential Zoning Districts as a permissible use, however the zoning ordinance does not permit any traffic to be generated that is not typical for a single-family residence. In addition to the engineering consulting services, the applicant is also proposing to apply for a Federal Firearms License to be a dealer at this location. This license would allow for the sale of rifles, shotguns, pistols, revolvers, gunsmith activities, and National Firearms Act (NFA) weapons. Mr. Graef asked the petitioner to come forward to the podium. Jeffrey Shultz came to the podium. He explained there would be very low volume of traffic to the home office. Zoning Board of Appeals Regular Meeting of November 16, 2017 Page 4 Mr. Graef explained to Mr. Schultz there is not a full Board present. He asked Mr. Schultz is he would like to proceed or postpone until the next meeting. Mr. Shultz asked if he could postpone until the January meeting. Motion by Mr. Ujkic, supported by Mr. Militello, in the case of PZBA17-0021, Design Experts, LLC, Jeffrey Schultz, 11104 Lesure Drive, I move to POSTPONE the request for the use variance to the January 2018 ZBA meeting so the petitioner may provide additional information and possibly have a full Board present. Ayes: Ujkic, Militello, D’Angelo, Deming, Graef Nays: None Absent: Jean and Washburn Motion carried. ZBA17-0020 – Citgo Gas Station – Jeffrey Jonna (Postponed from October 26, 2017 meeting) Requesting board approval for two variances: 1) a variance that if granted would allow an 8.84 foot rear yard setback along the west property line; 2) a variance if granted would allow a reduction of 9 required parking spaces. Current Zoning: C-3 General Business District Location: West side of Van Dyke, south side of Fifteen Mile Road in Section 33 Property address: 34949 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 case is back in front of the Board to seek approval for two variances. As noted last month, the applicant could not obtain a cross parking agreement. As of yet, no remedy has been found for the lack of parking due to the increase in size of their building. He went over the city’s parking requirements. Mr. Graef asked the petitioner to come forward to the podium. Jeffrey Jonna, the general contractor, came to the podium. He explained the reason for the need of extra counter space/expansion. Mr. Graef asked Mr. Jonna how much more floor space would be added. Mr. Jonna stated there is only about 500 sq. feet of sales area being added. The main reason to expand if for the workers to have more room behind the counter. Mr. Graef asked the Board for any questions. Mr. D’Angelo stated in the previous meeting there was discussion about restricting only one entry/exit onto Van Dyke Ave. He asked Mr. Jonna to explain his thoughts regarding the entry/exit. Mr. Jonna described the site plan and explained because of where the bus stops, the north approach is the one used 80 percent of the time. The owner would like to keep that open. Mr. D’Angelo and Mr. Militello discussed the options for traffic maneuvering if there were only one approach versus two from Van Dyke Ave. Mr. Graef asked the Board for any other questions. Being none, he asked for public participation. Jim Houlihan, Corporate Counsel for Amerilodge Group, came to the podium. He stated they own approximately three-quarters of the property which surrounds the gas station. He stated if the applicant doesn’t have any intention on parking on their property, he has no objection to the variances. Zoning Board of Appeals Regular Meeting of November 16, 2017 Page 5 Mr. Jonna stated they have no intention to use the abutting property of the Amerilodge Group for parking. Mr. Graef asked the Board for any further comments or questions. Mr. D’Angelo suggested making the island a little bigger by making the north approach an entrance only and the south approach an exit only. Mr. Graef asked Mr. McLeod if this were to be implemented, would the applicant have to come back for another variance. Mr. McLeod stated it could be listed as a condition in the motion based on MDOT’s approval. There was much discussion regarding a directional entrance and exit. Mr. Graef asked the Board for any further questions or a motion. Motion by Mr. Militello, supported by Mr. D’Angelo, in the case of PZBA17-0020, Citgo Gas Station, Jeffrey Jonna, 34949 Van Dyke, I move to APPROVE the requested variance to allow a rear yard setback of 8.84 feet for the following reasons: 1) All of the 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) Decreasing the required rear yard setback in this particular application will not be contrary to the public health, safety, or welfare, or the spirit and intent of the Zoning Ordinance, because the rear yard setback is not necessary for code or fire safety reasons. 3) The decrease in the rear yard setback will not likely significantly depress the value of nearby properties. 4) No useful purpose would be served by strict application of this setback requirement in the Zoning Ordinance, because the neighboring property is a parking lot with significant separation between the buildings on the two lots. 5) The decrease in the required rear yard setback will not have an adverse impact on any adjoining property. 6) The proposed addition does not extend any further into the required setback than the current building. This motion includes the following conditions: 1) First, the Conditions of Approval, which were signed by the petitioner and submitted with the application, must be followed. 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 variance shall expire, without the need for any action by this Board, if the appropriate approvals are not sought and obtained within one (1) year. b) The approval of this variance shall not be a rationale for any future variance requests. c) Any additional variance requests may be grounds for the revocation or revision of the current variance application. Zoning Board of Appeals Regular Meeting of November 16, 2017 Page 6 d) A cross access easement shall be provided between the subject site and the site to the south. Such easement shall be in a form acceptable to the City of Sterling Heights. e) The landscaping along the road frontages shall be increased to include additional flowering plants to be consistent with the landscaping scheme within the Van Dyke boulevard. f) The hardscaped surface behind the building on the west side of the site shall be removed and landscaped in a manner approved by the Office of Planning. g) The columns of the canopy shall be faced with the same stone/brick material as the principal building. h) The guardrail around the perimeter of the site shall be eliminated. i) The redevelopment of the site shall include the installation of new parking lot lights. 3) Third, the northern most driveway on Van Dyke shall be an entrance only driveway subject to MDOT specifications and the southern most driveway on Van Dyke Ave shall be an exit only driveway subject to MDOT specifications. If MDOT does not approve, the condition is waived. a) That in the alternative, should MDOT disapprove of the one-way access/one-way exit proposal, to redesign both driveway spaces to allow for a larger greenbelt and island in between the north and south driveways. If MDOT does not approve, the condition is waived. Mr. Graef asked the Board for any discussion on the motion. Motion by Mr. Militello, supported by Mr. D’Angelo to AMEND motion by adding 3.a. to the conditions. Mr. Graef asked the Board for any further discussion on the motion. Being none, he called for a roll call vote. Ayes: Militello, D’Angelo, Deming, Graef Nays: Ujkic Absent: Jean and Washburn Motion carried. Motion by Mr. Militello, supported by Mr. D’Angelo, in the case of PZBA17-0020, Citgo Gas Station, Jeffrey Jonna, 34949 Van Dyke, I move to APPROVE the requested variance to allow a reduction in the total number of required parking spaces for the following reasons: 1) All of the 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) Decreasing the required number of parking spaces in this particular application will not be contrary to the public health, safety, or welfare, or the spirit and intent of the Zoning Ordinance, because the required number of parking spaces can be satisfied with the number of parking spaces at the gasoline pumps and also due to the large percentage of the building that is non-retail space. 3) The decrease in the required number of parking spaces will not likely significantly depress the value of nearby properties. 4) No useful purpose would be served by strict application of this parking requirement in the Zoning Ordinance. Zoning Board of Appeals Regular Meeting of November 16, 2017 Page 7 5) The decrease in the required number of parking spaces will not have an adverse impact on any adjoining property. 6) The site has eight (8) parking spaces being provided at the pumps which will accommodate many of the retail transactions at the site. 7) The increase in building size will not proportionately increase the amount of patrons who wish to visit the building for convenience items without purchasing gasoline. This motion includes the following conditions: 1) First, the Conditions of Approval, which were signed by the petitioner and submitted with the application, must be followed. 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 variance shall expire, without the need for any action by this Board, if the appropriate approvals are not sought and obtained within one (1) year. b) The approval of this variance shall not be a rationale for any future variance requests. c) Any additional variance requests may be grounds for the revocation or revision of the current variance application. d) A cross access easement shall be provided between the subject site and the site to the south. Such easement shall be in a form acceptable to the City of Sterling Heights. e) The landscaping along the road frontages shall be increased to include additional flowering plants to be consistent with the landscaping scheme within the Van Dyke boulevard. f) The hardscaped surface behind the building on the west side of the site shall be removed and landscaped in a manner approved by the Office of Planning. g) The columns of the canopy shall be faced with the same stone/brick material as the principal building. h) The guardrail around the perimeter of the site shall be eliminated. i) The redevelopment of the site shall include the installation of new parking lot lights. 3) Third, the northern most driveway on Van Dyke shall be an entrance only driveway subject to MDOT specifications and the southern most driveway on Van Dyke Ave shall be an exit only driveway subject to MDOT specifications. If MDOT does not approve, the condition is waived. a) That in the alternative, should MDOT disapprove of the one-way access/one-way exit proposal, to redesign both driveway spaces to allow for a larger greenbelt and island in between the north and south driveways. If MDOT does not approve, the condition is waived. Mr. Graef asked the Board for any discussion on the motion. Being none, he called for a roll call vote. Ayes: Militello, D’Angelo, Deming, Graef Zoning Board of Appeals Regular Meeting of November 16, 2017 Page 8 Nays: Ujkic Absent: Jean and Washburn Motion carried. APPROVAL OF MINUTES Motion by Mr. Militello, supported by Mr. Ujkic, to APPROVE approval of the minutes for the October 26, 2017 meeting. Ayes: Militello, Ujkic, D’Angelo, Deming, Graef Nays: None Absent: Jean and Washburn Abstained: None Motion carried. NEW BUSINESS Mr. McLeod stated, to the Board, at next months meeting they will be provided with iPads to utilize the e-packets. OLD BUSINESS None PUBLIC PARTICIPATION None MOTION TO ADJOURN Motion by Mr. Militello, supported by Mr. Ujkic, to ADJOURN . Ayes: Militello, Ujkic, D’Angelo, Deming, Graef, Nays: None Absent: Jean and Washburn Motion Carried Meeting adjourned at 9:02 p.m. Respectfully submitted, David Graef, Chairman Zoning Board of Appeals