3333STERLING HEIGHTS ZONING BOARD OF APPEALS REGULAR MEETING CITY HALL DECEMBER 22, 2016 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI SUBJECT: Minutes of the Regular Meeting of the Zoning Board of Appeals held December 22, 2016. Mr. D Angelo 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 Motion carried. CORRESPONDENCE None 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. D Angelo asked Mr. McLeod to give an overview of the case. Mr. McLeod gave an overview and displayed a sample drawing of the sign. The applicant is requesting three variance setbacks for the sign. The requests are: 1) to permit a freestanding sign to encroach 11 feet into the required 12 foot setback from the front property line, 2) to permit a freestanding sign to exceed the maximum height permitted by 11.5 feet, and 3) to permit a freestanding sign to exceed the maximum area permitted by 584 feet. Zak Essak came forward to the podium. He explained the sign will still be setback 12 feet at the base but the top of the sign would be at the one foot setback. He stated he wants the sign to represent something nice for Sterling Heights. Mr. D Angelo asked if there were any questions from the Board. Mr. Washburn stated the applicant needs to show something unique or special about the property. Mr. Essak talked about the building being grandiose and having many upgrades. Mr. Washburn asked Mr. Essak if he was aware of the sign height requirements before designing the sign. Mr. Essak stated yes.
Page 2 Mr. Washburn asked what the occupancy of the building will be. Mr. Essak stated based on city permits it is for 442. Mr. Washburn made comparisons to Penna s stating their sign is smaller with a larger capacity building. He doesn t see anything that would justify the variance for a large sign. Mr. Essak stated they are looking to do something different to represent the City of Sterling Heights. Mr. Washburn asked Mr. McLeod about the plans for the north end stretch of Van Dyke. Mr. McLeod stated the city is looking to upgrade the area to be more of a pedestrian environment instead of an auto environment. He also stated the area is looking to be a pedestrian amenity area with smaller signs, signs lower to the ground, and buildings that are closer to the road. He stated this request is counter to what is intended for this corridor. Mr. D Angelo explained to the petitioner where the regulations come from and there needs to be a hardship to grant variances that go beyond what is allowed. Mr. Essak stated they are trying to bring something unique to the city. Mr. Ujkic stated he is not comparing this property to any others and is concerned if this size of a sign is approved it will start a trend the city doesn t want. He asked Mr. Essak if he is open to reducing the size of the sign. Mr. Essak stated a past city official helped in guiding him to design the sign. Mr. Ujkic asked Mr. McLeod to state how many feet this sign is over the limit. Mr. McLeod stated the permitted allowance is 15 feet and the proposed sign is just over 26 feet. The overall square footage allowance is 120 square feet and the proposed is about 700 square feet. Mr. Ujkic asked again if the applicant is willing to change the size of the sign. Mr. Essak stated with the size of the building, he doesn t know how it would look to have a smaller size sign. Mr. Graef asked what is preventing the applicant to make a sign with in the allowable guidelines. Mr. Essak stated nothing, he just wanted it nicer. Mr. D Angelo again stated there are reasons for the ordinance and he doesn t see the hardship for granting the variances. There was much discussion about postponing for the applicant to bring back a new design. Mr. D Angelo asked for public participation. Louis Patterson, lives on Gage Crescent three houses from Van Dyke, has lived there since 1974. He is against the size of the sign because it will shine through his windows. James Patterson, lives on Gage Crescent. He is concerned regarding the lighting and the size of the sign. Mr. D Angelo asked for any other public participation. Being none, he asked the Board for any further questions or discussion. Mr. Washburn clarified with Mr. D Angelo that the Board cannot dismiss dead space of the sign on their own.
Page 3 Mr. D Angelo called for a motion. Motion by Mr. Militello, supported by Mr. Ujkic, in the case of PZBA16-0025, Grand Venezia Banquet Hall, 42300 Van Dyke, I move to POSTPONE the request to the January 19, 2017 meeting so that the applicant may provide additional information to the Board. Mr. D Angelo asked for any discussion on the motion. Mr. Ujkic asked if a request could be made to take off the area of the white box of the sign. He also wanted confirmation on what affect this will have on other residents in the area. Mr. D Angelo asked for any other discussion. Being none, he called for a roll call vote. Ayes: Militello, Ujkic, Washburn, D Angelo, Deming, Graef, Jean PZBA16-0027 Mark Drane BJ s Brewhouse Requesting Board for the following variances: 1) to permit a principal building to exceed the maximum height permitted by two (2) feet, 2) to permit the principal buildings to be constructed five (5) closer to one another than permitted by Ordinance, and 3) to permit additional wall signs, in the form of murals, in excess of that permitted - South side of Hall Road between Schoenherr Road and Hayes in Section 01. Property address: 14455 Lakeside Circle Mr. D Angelo asked Mr. McLeod to give an overview of the case. Mr. McLeod displayed site plans and gave an overview describing these variance requests: 1) to permit the building to exceed the maximum permitted height by 2 feet, 2) to permit the buildings to be constructed 5 feet closer to one another than permitted by Ordinance, and 3) to permit additional wall signs, in the form of 2 murals. Mr. D Angelo asked the petitioner to come forward. Mark Drane of Rogvoy Architects, 32500 Telegraph Rd., Suite 250, Bingham Farms, MI came forward to the podium. He is the master architect for BJ s Brewhouse. He gave an overview of the property and stated they are trying to make the building viable and lively with the surrounding area. Mr. D Angelo asked how many restaurants BJ s have. Tom Hundrieser, Director of Real Estate for BJ s restaurants came to the podium. He stated the company is based in Huntington Beach, California. They have 187 restaurants currently open. They have a nationwide footprint. There are none currently in Michigan. They currently have 10 restaurants in Ohio. He described the restaurant as a modern day tavern, family restaurant. There was discussion whether the murals are signs or artwork. Mr. Washburn stated he would look at the murals as artwork instead of a sign. Mr. D Angelo asked Mr. McLeod what is the reason the code is 30 feet between buildings. Mr. McLeod stated he checked with the Building Department and there are no issues with having 25 feet instead of 30 feet between the buildings.
Page 4 Mr. D Angelo asked for any other questions for the petitioner. Being none, he asked for public participation. There was no public participation. MOTION TO APPROVE (Building Height ): Motion by Mr. Ujkic, supported by Mr. Militello, in the case of PZBA16-0027, Mark Drane, 14455 Lakeside Circle, I move to APPROVE the requested 2 foot variance to the maximum building height 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 building is located along Hall Road and is not abutted by any residential properties. b) The building is located adjacent to Lakeside Mall which has buildings in excess of thirty (30) feet. c) The requested height variance is limited to a small portion of the front entrance of the building. 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 building and engineering 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. MOTION TO APPROVE (Building Separation ): Motion by Mr. Ujkic, supported by Mr. Militello, in the case of PZBA16-0027, Mark Drane, 14455 Lakeside Circle, I move to APPROVE the requested five (5) foot variance to the minimum separation between buildings required 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 developed is being proposed as one cohesive plan and is not imposing the reduced setback on a building on a separate parcel. b) The Building Department upon preliminary review did not have any objections to a reduced building separation requirement.
Page 5 c) The building heights in the area requested for the variance are approximately eighteen (18) feet and twenty five (25) feet, respectively, thereby reducing the impact of the building separation. This motion includes the same following conditions as above. MOTION TO APPROVE (Total Wall Sign Area ): Motion by Mr. Ujkic, supported by Mr. Militello, in the case of PZBA16-0027, Mark Drane, 14455 Lakeside Circle, I move to APPROVE the requested square foot variance to the maximum permissible wall signage permitted 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 additional wall signage is in the form of murals and not pure advertising in terms of works, letters, logos, products, etc. b) The murals are not truly visible to the general public from a public thoroughfare. c) The site in essence has three frontages, on Hall Road, Eastbrook Drive, and Lakeside Circle. d) The murals are a consistent part of the corporate theme. 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 building 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 additional square footage for signage shall be permitted and use only for the mural images submitted with the applicant s variance request. Mr. D Angelo asked for any discussion on the motion. Being none, he called for a roll call vote. Ayes: Ujkic, Militello, Washburn, D Angelo, Deming, Graef, Jean. PZBA16-0006 Reem Properties, LLC (Postponed from November 27th meeting)
Page 6 Requesting Board approval for a use variance to allow an "automobile repair garage" as defined within the City s Zoning Ordinance within a C-3 zoning district North side of Fifteen Mile Road, west side of Mound Road in Section 29. Property address: 5673 Fifteen Mile Road Mr. D Angelo asked Mr. McLeod to give an overview of the case. Mr. McLeod displayed site plans and gave an overview. He stated the applicant desires to utilize the property for heavy repair of and the ancillary storage of vehicles while those vehicles are awaiting repair. Mr. D Angelo asked the petitioner to come forward. Jeffrey Hicks, representing Reem Properties, came forward to the podium. He gave copies to the Board of a brief summary of additional conditions and restrictions for the proposal. He then explained the summary to the Board. Mr. D Angelo asked the Board for any question for the petitioner. Mr. Deming asked Mr. McLeod if the chain-link fence was allowed. Mr. McLeod stated that would not be allowed under the current ordinance. Mr. Washburn asked the petitioner what van customizing meant from the summary he provided. He also asked about other conditions, whether they should remain. Mr. Hicks stated the definition for van customizing was taken from the zoning ordinance for his summary. Mr. Washburn asked Mr. DeNault about waiver verbiage. Mr. Washburn asked Mr. Hicks how the noise will be controlled. Mr. Hicks stated there is currently a six foot masonry wall and pine trees present. The work will be done inside and the bay doors will remain closed. Mr. Ujkic asked the petitioner if the requested amount of cars, wanting to be stored, had been reduced since the last meeting. He also asked about the masonry wall versus a privacy fence. Mr. Hicks stated yes they are requesting fewer cars due to recommendations from members of the Board. He also said the masonry wall would be difficult to install due to installation of the footings and it would look unattractive. He felt a privacy fence would be a better option. Mr. D Angelo asked for any other question/comments from the Board. Being none, he asked for public participation. Being none, he asked for any further questions from the Board. Mr. Militello asked about the type of privacy fencing and could it be decided administratively. Mr. McLeod and Mr. DeNault addressed the question stating it could be done with the specific wording of the motion. Mr. D Angelo stated it seems they are trying to make many accommodations for this proposal to work and there with great difficulty because this site is not intended for the proposed use. He stated there is a reason there are restrictions. Motion by Mr. Militello, supported by Mr. Graef, in the case of PZBA16-0006, Jeffrey Hicks (Reem Properties), 5673 15 Mile Road, I move to APPROVE the requested use variance for the following reasons:
Page 7 1) The spirit of this ordinance will be observed, public safety and welfare secured, and substantial justice done. 2) The problem is not self-created. 3) The use to be authorized by the variance will not alter the essential character of the area and locality. 4) The plight is due to unique circumstances peculiar to the property and not to general neighborhood conditions. 5) 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. 6) The current City Master Plan designates this area as a transitional use which indicates the overall future land uses should be coordinated with the existing and planned uses in the immediate area which include a number of existing automobile related uses. 7) The site is currently buffered from the adjoining residential uses to the west by a six (6) foot tall masonry wall and existing vegetation. 8) The following additional facts have been established by the petitioner: a) The petitioner has submitted a revised proposal, brought into the record during meeting, which excludes certain uses that are otherwise defined in the 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 variance. 2) Second, the petitioner must comply with the following conditions requested by the Office of Planning: a) Appropriate building and use approvals must be sought and obtained prior to any construction and any additional site plan requirements that may arise as part of such a review must be implemented. b) All repairs are to be conducted within the building with the bay doors being closed at all times. c) All requirements of Section 19.06 of the City of Sterling Heights Zoning Ordinance must be met. d) All vehicles being worked on must be currently registered with the Michigan Department of State, display a valid and current license plate, and must be operational and roadworthy, with the exception of the work they are at the repair facility to receive. Unregistered and unplated vehicles may be towed away from the site by code enforcement. The keeping of individual vehicles shall not
Page 8 exceed fifteen (15) days. No additional outdoor storage of any materials is permitted. e) The landscaping along the front of the site must be brought into compliance with the City s current landscaping requirements. Further, all landscape areas shall be irrigated and maintained. f) All parking and storage of vehicles shall adhere to the parking spaces shown on the plan for such use. Improperly parked and stored vehicles may be towed away from the site by code enforcement. g) The petitioner shall maintain the site in compliance with the Zoning Ordinance requirements on a daily basis. h) Access to the designated area for the keeping of vehicles shall be provided in a manner satisfactory to the Fire Department for emergency access. i) The use variance shall only apply to those tenant spaces in the L-shaped building. j) The City may inspect the entire site for compliance with these conditions at any time during normal business hours. k) The area for the keeping of vehicles shall be limited to the area directly to the north of the L-shaped building and away from the western property line beyond the west edge of the building. Instead of a masonry wall, the applicant will be permitted to use a six (6) foot high privacy fence that is consistent and in accordance with city codes. The design element of the fence will be left to the discretion of the city planner to be in conformance with the current city code. Mr. D Angelo asked for any questions or comments on the motion. Mr. D Angelo stated concern regarding reasons numbers 2 and 5 of the motion. He stated he didn t see how this isn t self-created and asked for clarification on what type of uses the property could be used for as currently zoned. Mr. McLeod explained the different types of uses that would be under current zoning. Mr. D Angelo asked for any further discussion on the motion. Being none, he called for a roll call vote. Ayes: Militello, Graef, Deming, Jean Nays: D Angelo, Ujkic, Washburn. Motion Denied APPROVAL OF MINUTES Motion by Mr. Militello, supported by Mr. Deming, to APPROVE minutes for November 17, 2016 meeting. Ayes: Militello, Deming, Ujkic, Washburn, Jean Abstained: D Angelo, Graef
Page 9 NEW BUSINESS 1) Election of New Officers Nomination for Chairperson by Mr. Washburn, supported by Mr. D Angelo, to appoint Mr. Graef. Mr. Graef accepted the nomination. There were no other nominations for Chairperson. By acclamation, Mr. Graef was appointed as Chairperson. Nomination for Vice-Chairperson by Mr. Militello, supported by Mr. Graef, to appoint Mr. Ujkic. Mr. Ujkic accepted the nomination. There were no other nominations for Vice-Chairperson. By acclamation, Mr. Ujkic was appointed as Vice-Chairperson. Nomination for Secretary by Mr. Militello, supported by Mr. Washburn, to appoint Mr. Deming. Mr. Deming denied the nomination. Nomination for Secretary by Mr. Militello, supported by Mr. Washburn, to appoint Ms. Jean. Ms. Jean accepted the nomination. There were no other nominations for Secretary. By acclamation, Ms. Jean was appointed as Secretary. 2) 2017 Meeting Schedule Motion to by Mr. Washburn, supported by Mr. Militello, to ACCEPT the 2017 Meeting Schedule. Ayes: Washburn, Militello, D Angelo, Deming, Graef, Jean, Ujkic OLD BUSINESS None PUBLIC PARTICIPATION None MOTION TO ADJOURN Motion by Mr. Militello, supported by Mr. Washburn, to ADJOURN. Ayes: Militello, Washburn, Ujkic, D Angelo, Deming, Graef, Jean Meeting adjourned at 9:15 P.M. Respectfully submitted, David Graef, Chairman Zoning Board of Appeals