City of Dearborn Zoning Board of Appeals Thursday, April 26, 2018 Minutes

Transcription

1 Called to Order: 5:33 p.m. City of Dearborn Zoning Board of Appeals Thursday, April 26, 2018 Minutes Commissioners Present: Glen Green (Chair), Sam Baydoun (Vice Chair), Ken Gusfa (Secretary), Gerald Stockwell, Stephen Gedert. Commissioners Absent: Samera Ajami. Technical Advisors: David Breneau, Zoning Administrator; Bill DeBiasi, City Attorney. Approval of Minutes. Motion by Commissioner Baydoun, supported by Commissioner Stockwell that the minutes of the previous regular meeting of Thursday, March 22, 2018 are approved as recorded. Motion carried unanimously. Appeal # From Najim Saymuah, CDPA Architects, 6 Parkland Blvd Ste 676, Dearborn, MI requesting to amend the conditions of a previously granted parking variance for the expansion of a banquet hall. The property size being 360' x 125', in a Local Business (BA) zoning district at: 7258 Chase (Byblos Banquet Hall) Breneau summarized the Staff report dated April 12, Key facts: The applicant owns Byblos banquet hall and has acquired additional nearby property to accommodate expanding the hall. They presented plans that required 352 parking spaces. Last August the Board conditionally granted 5 variances approving plans for this expansion. Among the variances was a parking variance, which, in part, relied on the applicant obtaining easements to use nearby property for 40+ parking spaces. However, the applicant was unable to obtain these specific easements. The applicant wants to proceed with the same plans and is requesting that the easement requirement be modified and that the occupant load be lowered, lowering the parking requirement to compensate for the number of parking spaces lost. Staff notes that the Code requires substantially more parking for banquet halls than for other assembly uses; a theater or a mosque with the same occupant load as the applicant s proposed hall would only need 200 spaces instead of 352. With the new plans the applicant has more than 200 striped and on-street spaces available to them. This request is not for a variance per se but to amend its conditions by removing required parking easements. Staff does not believe it is necessary to reduce the occupant load. Staff recommends removing the condition requiring the easement to park at Warren (Golden Bakery) and 7230 Chase/14544 Warren. Applicant s attorney Tony Guerriero said that Breneau stated his concerns; applicant has met all the parking requirements except for the easements with Golden Bakery for 40+ spaces; he also has a request to lower the occupant load from 660 to 584 with valet parking; any events with more than 480 guests will need valet. He said he has one other

2 request: Condition 1 requires all of the properties to be under common ownership; the House of Condolences is a nonprofit and cannot mix assets with the banquet hall, which is for-profit, without the loss of the tax-exempt status for the House of Condolences. He said they submitted permanent recorded easements with the House of Condolences, which specifically state the hours of operation are nonconcurrent; the easements run with the land and they are not a lease; applicant is requesting to have easements as an option to common ownership; by reducing the occupant load to 584 with valet it would reduce the required parking by 40 parking spaces, resolving the issue of the easement with Golden Bakery. DeBiasi noted that by reducing the occupant load they are reducing the reliance on parking and valet. Gedert clarified that the number of striped parking spaces provided by the plan is the same as last year, but they are amending the conditions due to not being able to get the easement. DeBiasi said the occupant load of 660 was reliant on the parking easement with the bakery, but with the lower occupant load they do not need the easement with the bakery. Breneau clarified the requirement is 1 space per two guests plus staff. Breneau read the parking calculations in the report, which states they are providing 314 spaces through valet and on-street parking. Gedert clarified the request to amend the conditions, that Condition 1 is modified to say or permanent easement instead of and permanent easement, for Condition 3 keep only subsections a and b, and add Condition 10 to limit the occupant load. Breneau reads from the report that the request is to allow 458 guests without valet and up to 584 guests with valet. Najim asked the Board to lower the parking requirement as a condition. The Board said they do not have that authority. Gusfa clarified that they are asking to lower the occupant load by 80 guests. The applicant said 56. Najim clarified the occupant load without the valet and the occupant load with the valet. Gusfa asked how many spaces they are providing. Breneau read the parking calculations in the report, which states they are providing 314 spaces through valet and on-street, noting available parking at the applicant s nearby plaza. Breneau clarified that the 660 is based on the Building Official s assessment for the building itself and the requested numbers are based on parking and not the building. Green said we ve lost appr 40 spaces thus the occupant load is being lowered by 80 to 584, including staff. DeBiasi clarified that the new easement is necessary in lieu of common ownership because, while the nonprofit and the for-profit are owned by the same people, they cannot be part of the same entity for tax purposes. An easement runs with the land regardless of the nature of ownership or who owns it. A purchaser is bound by the easement, unlike with a lease, and an easement will satisfy the original conditions in this case.

3 External correspondence: None RESOLUTION. Motion by Commissioner Gedert, supported by Commissioner Gusfa, for the reasons and subject to the facts, representations and stipulations stated on the record during the public hearing, to APPROVE WITH CONDITIONS, the variances detailed below: 4.01(C9) On-site parking. Zoning requirement: 352 spaces. Plan to provide: 70 on-site plus 115 auxiliary spaces is APPROVED WITH AMENDED CONDITIONS. Approval of this appeal is CONDITIONED as follows: 1) Modification to Condition 1 of Appeal : all four properties, 7258, 7345, 7350, and 7408 Chase, shall remain under common ownership OR shall share permanent recorded parking easements. 2) Modification to Condition 3 is to keep only subsections a and b, which read: For all parking provided through easements, those easements shall be approved by the City Legal Department and recorded on the deed to these burdened properties prior to issuance of a building permit; The easement shall be maintained until parking requirements are satisfied by other means and changes to the easements shall be approved by the Zoning Board of Appeals. 3) Add Condition 10: The occupancy, including guests and staff, shall be limited to 480 without valet service and limited to 584 with valet service. This motion is conditioned on the petitioner's continuous compliance with all applicable ordinances, codes, laws and statutes; and, the petitioner must perform all work under plans, permits and final inspections approved by the City of Dearborn. Motion carried unanimously. Appeal # From Alan Harajli, Harajli Mobil Station, Ford, Dearborn, MI requesting to add drive-through food service to an existing gas station. The property size being 166' x 153', in a General Business (BC) zoning district at: Ford (Mobil Gas Station) Breneau summarized the Staff report dated April 12, Key facts: The applicant owns a gas station with a carry out restaurant on a 0.6 acre corner lot; The applicant is proposing to add drive-through service to the restaurant; The Planning Commission has conditionally approved the proposal; This proposal requires 7 variances, including two permitting the use at this location given site development standards; Many of the variances drive each other, such as the parking and the landscaping; A traffic study was conducted by Rowe Professional Services (attached). It states that the proposal will not

4 significantly increase traffic; The only recommendations from the traffic study are to create turn tapers in the street rights-of-way ; A similar proposal was rejected in 2015; There is no practical difficulty warranting these requests. Staff recommends, if the Board feels the variances are warranted, that approval be conditioned on adherence to the conditions of the Special Land Use permit. Green clarified that the tenant cannot be a major franchise such as McDonald s. The applicant said the tenant is Boardwalk. Green asked if it is carry-out only; applicant said yes, with a table for people waiting for their food. Green asked what the service turnaround time is; applicant said about 1½ minutes to make a hamburger, there s a 60-second timer, and they have 30 seconds to bag it. Baydoun asked about the hours of operation; applicant said Monday thru Friday, 11am to 11pm, Friday to 1am. Green asked how many drive-thru lanes; applicant said 1. Guido said two lanes would not fit with the business model. Gedert said there is a lot of traffic at the intersection, but mostly one way. The traffic study said to add turn tapers. Guido said that is to encourage traffic to go in one direction; he will have to submit drawings to them to seek State and County approvals. Baydoun said the most important factor for him is the traffic study. Gedert said the other restaurants are on the other side of Ford, which is a 7-lane road, so there will be little cross traffic. Guido said most customers will call ahead with their order, which will reduce on-site congestion. Baydoun asked how many parking spaces are acquired with the loss in landscaping. Guido said 4. Baydoun asked if they are reducing the landscaping by 2%; Guido said yes. Breneau said they have 2/3 of what they need. Gedert said it is an industrial area with some new retail nearby. There are no residential areas nearby. Green said the shortage in stacking will be self-limiting, people who cannot get in will simply drive on. Gusfa asked what comprises the parking. Guido said the striped parking plus the pump stations, pursuant to the Code. Baydoun said the parking requirement for gas stations is too high. Gedert said variances run with the land, so we need to be careful in wording the

5 conditions. Gusfa spelled out the conditions: no indoor dining, tapers as required by MDOT, Planning Commission reserves the right to review for revocation. Gedert asked about the accessory food sales. Breneau clarified the provision for accessory food sales and the drive thru is clearly not accessory. Gedert mentioned he will need Wayne County health approval. Breneau said he will need a new certificate of occupancy, which will trigger an alert to the County. Gusfa said it is not unusual to see food service at a gas station. External correspondence: None RESOLUTION. Motion by Commissioner Gusfa, supported by Commissioner Stockwell, for the reasons and subject to the facts, representations and stipulations stated on the record during the public hearing, to APPROVE WITH CONDITIONS, the variances detailed below: 4.01(C9) Drive-through food service stacking. Zoning requirement: 12 spaces. Plan to provide: 10 spaces is APPROVED WITH CONDITIONS (DZO 32.05, F.1. J). 4.01(C9) On-site parking. Zoning requirement: 30. Plan to provide: 23 is APPROVED WITH CONDITIONS (DZO 32.05, F.1. K). 5.02(B1) Greenbelt width. Zoning requirement: 10ft. Plan to provide: 0ft is APPROVED WITH CONDITIONS (DZO 32.05, F.1. J). 5.03(A1) Landscape cover. Zoning requirement: 6%. Plan to provide: 4% is APPROVED WITH CONDITIONS (DZO 32.05, F.1. J). 7.02(B10) Non-accessory food sales or service at gas station. Zoning requirement: Not allowed. Plan to provide: Drive-through food service is APPROVED WITH CONDITIONS (DZO 32.05, F.1. N). 7.02(E2) Distance between fast-food driveways. Zoning requirement: 65ft. Plan to provide: 51ft is APPROVED WITH CONDITIONS (DZO 32.05, F.1. K).

6 7.02(E6) Distance between fast-food establishments. Zoning requirement: 700ft. Plan to provide: 400ft is APPROVED WITH CONDITIONS (DZO 32.05, F.1. K). Approval of this appeal is CONDITIONED as follows: 1) Traffic turn tapers shall be provided as required by Michigan Department of Transportation and the Wayne County Road Commission. 2) There shall be no indoor dining. 3) The site and all businesses thereon shall comply with the requirements of the Planning Commission. This motion is conditioned on the petitioner's continuous compliance with all applicable ordinances, codes, laws and statutes; and, the petitioner must perform all work under plans, permits and final inspections approved by the City of Dearborn. Motion carried unanimously. Meeting adjourned 6:55p.m.