STERLING HEIGHTS ZONING BOARD OF APPEALS REGULAR MEETING CITY HALL AUGUST 27, 2015 LOCATION: SUBJECT: City Council Chambers, 40555 Utica Road, Sterling Heights, MI Minutes of the Regular Meeting of the Zoning Board of Appeals held August 27, 2015. Mr. D Angelo called the meeting to order at 7:00 p.m. Members present at roll call: Derek D Angelo, David Graef, Stefano Militello, Nick Najjar, Pashko Ujkic, Aaron Wawrzyniak Members absent at roll call: Ray Washburn, Excused. Also in attendance: Donald Mende, City Planner Don DeNault, City Attorney APPROVAL OF AGENDA Moved by Militello, supported by Graef, to approve the agenda. Ayes: Militello, Graef, Najjar, Ujkic, Wawrzyniak, D Angelo Nays: None Motion carried. CORRESPONDENCE Mr. Mende stated there is an amended staff report for Case # PZBA15-0019 with additional conditions and findings of fact. PZBA15-0018 JOHN HADDAD Requesting a variance to permit a third wall sign of 9.62 square feet. Southeast corner of Van Dyke and Crestview Drive in Section 34. Property Address: 33900 Van Dyke. Mr. D Angelo asked if the petitioner is present. Petitioner stated he was present but his partner was not present yet and if possible, to move the case to the end of the agenda. Motion by Militello, supported by Najjar, to move Case PZBA15-0018 to the end of the agenda. Ayes: Militello, Najjar, Ujkic, Wawrzyniak, D Angelo, Graef Nays: None Motion Carried. PZBA15-0019 HOLY MARTYRS CHALDEAN CATHOLIC PARISH Requesting Board approval for a Use Variance to permit an RM-3 (Multiple Family Mid and High Rise) use in an M-1 (Light Industrial) zone. East side of Merrill Road between 19 Mile and 19 ½ Mile Roads in Section 4. Property Address: 43700 Merrill Road. Mr. D Angelo asked if the petitioner(s) were present. Mr. D Angelo asked Mr. Mende to provide background on the case.
Page 2 Mr. Mende stated this property is located on the east side of Merrill Road and the surrounding properties, including the Petitioner s are zoned M-1 (Light Industrial). This property is developed and has been used as Holy Martyrs Chaldean Catholic Church. The church has been on the property for a number of years and there have been subsequent improvements to the property over the years. The church is a non-conforming use and the Petitioner is looking to expand the non-conforming use by adding a 96 unit senior citizen apartment complex consisting of 84 one-bedroom units and 12 two-bedroom units. All units exceed minimum requirements of RM-3 zoning district and the development is planned for the vacant land south of the existing church and parking area. Mr. D Angelo stated to the Petitioner that since this is a Use Variance request, five affirmative votes will be needed to pass and the Board is short one commissioner and if the Petitioner would like to proceed. Mr. Abdelnour, GAV Associates and Architect, present and representing the Parish, stated they will proceed. Mr. Abdelnour presented a drawing of the proposed construction stating this building would be for the elderly and the parking requirements, according to zoning, would require 64 spaces for this building and the total number for parking would be 274 spaces, which they do have. Father Boji stated they do have an elderly community who would prefer to be walking distance of the church and they currently have another project in Southfield and would like to duplicate that establishment on this property. Mr. D Angelo asked for any questions from the Board. Mr. Graef asked Mr. Mende if there is anything in the City of Sterling Heights or any of the surrounding area that this unique proposal can be referred to. Mr. Mende stated that this would be the first senior Complex in the City of Sterling Heights affiliated with a church. Mr. DeNault stated that St. Athanasius at 13 Mile Road and Gratiot has a living facility attached or on the same property. He asked if any of the Board knows if this is part of the church property. Mr. D Angelo stated that he is not but St. Matthias on 19 Mile Road looks as they may have the same type of living facility as well. Mr. Mende stated that at St. Matthias, it is not for senior living but actually for a home for young women. Mr. Najjar stated there is a similar project in Southfield; The Mother of God Church is similar to the proposal. Mr. Ujkic asked the petitioner if the parking lot is the same for the church and the senior living. Mr. Abdelnour stated it would be combined; however, 64 parking spaces are reserved for the building. Mr. D Angelo asked Mr. Mende about the rear of the property is there any talk about further development or does this create a problem with property becoming landlocked. Mr. Mende stated that the rear portion of the property is owned by the church. It is just vacant land that is not being used at this time. Both of the properties are owned by the church. There
Page 3 would not be a land lock situation. Also, at this time, he is not aware of any future plans to develop the rear portion. Mr. D Angelo asked the Petitioner if they had any plans in mind for this portion of the property. Father Boji stated not at this time. Mr. Wawrzyniak asked Mr. Mende if this use variance is approved and successful, would it over to the additional vacant property as well. Mr. Mende stated that the Petitioner would need to come back before the Board for an additional Use Variance for any additional expansion. The Use Variance presented tonight is specifically for what is being proposed at this time. Mr. D Angelo asked the Petitioner if this development would only be utilized by seniors. Father Boji stated its strictly for the seniors but if an emergency situation did arise, this would be separate issue that would be addressed but it s strictly for 55 years of age and older. Mr. D Angelo asked the Petitioner if the requirement would be 55 years of age and older. Father Boji stated that is correct. Mr. D Angelo stated that there is a lot of industrial to the north and the south of this facility and he feels this is good for the church. Mr. D Angelo asked Mr. Mende, since placing a residential complex in the middle of a heavy industrial area, if there are any concern from the City s prospective on this development. Mr. Mende stated there is no concern from the City s prospective in regards to location. Mr. D Angelo asked for any other questions from the Board. Being none, asked for any public participation on this case. Ms. O Malley, 6171 Goff, has concerns with parking and provided photos of church goers parking on the nearby streets and she also has concerns with the excess of traffic this will impose. Opposed. Mr. Michael Davidson, 43515 Merrill, indicated a concern with the location and height of the development. Opposed. Mr. D Angelo closed public participation and brought the matter back to the Board for discussion. Mr. D Angelo asked Mr. Mende that if the church were to sell this piece of property to an industrial business, what would be the height requirement for an industrial building. He also asked what the height of the proposed senior complex was. Mr. Mende stated 35 feet for industrial and in some instances, higher if the setbacks are increased. Mr. Abdelnour stated that to the top of the peak, it is 50 feet and roughly 40 feet to the midpoint of the roof for the senior building. He also addressed the parking concerns and stated that after working with the city and the engineers, two entrances have been now opened and made a circulation drive to work within the building. In addition, they added extra parking for the church. Mr. Mende stated that residential homes are 30 feet to the midpoint of the roof.
Page 4 Mr. D Angelo asked the Petitioner if any parking spaces were removed for putting the development in and approximately how many were or would be removed, if any. Mr. Abdelnour stated yes, but the additional parking was added to the front while pushing the development to the back. There are 257 existing parking spaces and 274 are proposed with actually 117 on this parcel but only 64 of those parking spaces are required the building. Mr. D Angelo asked Mr. Mende if there has been any complaints to the city regarding any parking issues and if he had anything further to add regarding the public participation. Mr. Mende stated that there are no issues that he is aware of but those complaints would go to the traffic division of the Police Department. Mr. D Angelo asked for any further discussion/questions from the Board. Being none, called for a motion. Motion by Militello, supported by Najjar, in the Case of PZBA15-0019, Holy Martyrs Chaldean Catholic Church, 43482-43700 Merrill Road, move to approve a Use Variance, with the following conditions: 1. That the decision of the Board will remain valid and in force as long as the facts and information presented to the Board during the Public Hearing are found to be correct, and that the conditions upon which the motion is based are forever maintained as presented to the Board. The petitioner agrees to abide by and comply will all the ordinances of the City of Sterling Heights and the regulations of every lawful agency or governing authority now or hereafter in force; 2. Notice of the approval of the variance shall be delivered to the City Clerk s office within 60 days after the approval date of the applicable meeting minutes for recording with the Macomb County Register of Deeds. Failure to file this notice shall serve as grounds to revoke the variance; 3. A Hold Harmless Agreement, in favor of the City of Sterling Heights, shall be delivered to the City Clerk s office within 60 days after the approval date of the applicable meeting minutes for recording with the Macomb County Register of Deeds. Failure to follow this agreement shall serve as grounds to revoke the variance; 4. That the petitioner shall develop, maintain and operate in compliance with all pertinent codes, ordinances, and standards of the City of Sterling Heights, County of Macomb and the State of Michigan; 5. The facility will be used and operated solely for the housing of senior citizens ages 55 years and older and their spouses; The following Findings of Fact are noted: 1. The location meets all Special Land Use requirements for a senior citizen development; 2. The residential use is a logical extension of the church; 3. The use is less intensive than the surrounding industrial developments and will not impact negatively on adjoining properties; 4. There is a demand for senior citizen housing within the city.
Page 5 Mr. D Angelo asked for any discussion on the motion. Being none, he asked the petitioners if on a particular Sunday are their parking lots full and if so, do people attending church park on the street. Father Boji stated the parking lot is not full on Sundays with having four full services in the morning and one in the evening. The more extensive parking would be more or less on holidays. He also mentioned to the public that he was unaware of the parking issues and does apologize for that inconvenience. He will ask his volunteers and council members to address this issue. Mr. Ujkic asked how many members the church currently has. Father Boji stated that within the Chaldean community there are three churches plus others nearby, the members go to all of the churches so at morning mass at 9:00 am, there are roughly 300 400 people attending. Mr. D Angelo asked if any further discussion on the motion. None Ayes: Militello, Najjar, Ujkic, Graef Nays: Wawrzyniak, D Angelo Motion Failed. Petitioners asked what they are able to do as of now in terms of resubmittal. Mr. D Angelo stated that they are able to resubmit and request as a new case number with any changes and suggests working with Mr. Mende again on the process. PZBA15-0020 RICK POTTS Requesting Board approval: 1) for a 4,000 square foot variance to the minimum shopping center size; 2) to waive the requirement for on-site prepared food service; 3) to permit 18 additional amusement devices. North side of Lakeside Circle between Westbrook Drive and Woodridge Drive in Section 1. Property Address: 13923 Lakeside Circle. Mr. D Angelo asked for Mr. Mende to provide background on the case. Mr. Mende stated this property is zoned C-2 (Planned Comparison Business) located on Lakeside Circle in the Lakeside Mall area. The petitioner is proposing an amusement device center in a 16,000 square feet building. The Amusement Device ordinance was written several years ago to address the traditional arcades such as Chuck E Cheese being one of the more prominent ones in the city. The ordinance has a requirement of a minimum of 20,000 square feet of a shopping center and in addition, the ordinance states that there must be on-site prepared food service available and one device for every 50 square feet of floor area. This variance request is different being that the use is not actually an amusement device center in the traditional sense with games of chance targeted toward children but rather it caters to customer over 18 years of age. As it relates to the food service, the petitioner has indicated that the use is not intended to be on the order of a Dave & Busters or Chuck E. Cheese, for example, and on-site food service is not needed. Further, this building and surrounding area has several food establishments that can serve the needs of the patrons. The petitioner is also looking for an additional 18 amusement devices and the ordinance limits it to one device for every 50 square feet. Mr. Mende added that during the review for building permits, that may even drop depending on the occupancy load and how the floor plan is laid out. Mr. D Angelo asked for the petitioner to present his case.
Page 6 Rick Potts, petitioner, Georgia, stated he is requesting a Variance for the building they are trying to lease. They do have several up and running in Michigan and the average space need per device is 18 square feet and this use intends to occupy an 1100 square feet tenant space and even though they would like to have on-site food establishment, the area is just not big enough. Mr. D Angelo asked for any questions from the Board. Mr. D Angelo asked Mr. Mende if any of these types of establishments that have been approved are still up and running within the city. Mr. Mende stated the Board has approved two and one has since closed and the other is still open and operating. Mr. Wawrzyniak asked the petitioner the hours of operation. Mr. Potts stated the anticipated hours would be Monday through Thursday, 10:00 am 10:00 pm, and on Friday and Saturday until midnight. Mr. D Angelo asked Mr. Mende if these hours fall within the requirements for these facilities. Mr. Mende stated there are no restrictions on the hours of operation. Mr. D Angelo asked Mr. Mende if there are any parking concerns. Mr. Mende stated the shopping center itself does meet all the parking requirements, including for this use. Mr. Ernie Diasenzo, Farmington Hills, landlord, stated the reason for this particular tenant is to bring a different mix into the area and the traffic pattern with this particular center is also different from the restaurants. Mr. D Angelo asked Mr. Mende to explain why the requirement is 20,000 square feet for this type of facility and how the ratio for amusement devices works. Mr. Mende stated these standards were instituted with the traditional arcade in mind. The petitioner will be required to secure amusement device licenses through the City Clerk s office, and complete the plan review process with the Building Department and Fire Marshall for the floor plan layout and occupancy load. Mr. Wawrzyniak asked the Petitioner asked if they will be obtaining a liquor license. Mr. Potts stated they will not. Mr. Wawrzyniak asked Mr. Mende with the additional 18 devices, this would be 18 more patrons. Does this still fall within the requirements for parking? Mr. Mende stated that it does. Mr. D Angelo asked the Petitioner if his other establishments all share the same name and if so, what the name is. Mr. Potts stated yes they do and the name is Jackpots. Mr. Wawrzyniak asked what the square footage is of the other establishments. Mr. Potts stated 16,000 and 24,000 square feet.
Page 7 Mr. D Angelo asked for any further questions. Being none, asked for any public participation. Seeing none, call for motion. Motion by Najjar, supported by Militello, in the case of PZBA15-0020, Rick Potts, 13923 Lakeside Circle, move to approve the following variances to permit an amusement device center; 1) A 4000 square foot variance to the minimum shopping center size; 2) To waive the requirement for on-site prepared food service; 3) To permit 18 additional amusement devices, with the following conditions: 1. That the decision of the Board will remain valid and in force as long as the facts and information presented to the Board during the Public Hearing are found to be correct, and that the conditions upon which the motion is based are forever maintained as presented to the Board. The petitioner agrees to abide by and comply with all the ordinances of the City of Sterling Heights and the regulations of every lawful agency or governing authority now or hereafter in force; 2. Notice of the approval of the variance shall be delivered to the City Clerk s office within 60 days after the approval date of the applicable meeting minutes for recording with the Macomb County Register of Deeds. Failure to file this notice shall serve as grounds to revoke the variance; 3. A Hold Harmless Agreement, in favor of the City of Sterling Heights, shall be delivered to the City Clerk s office within 60 days after the approval date of the applicable meeting minutes for recording with the Macomb County Register of Deeds. Failure to follow this agreement shall serve as grounds to revoke the variance. The following Findings of Fact are noted: 1. The use caters to customers over 18 years of age, and is not an arcade in the traditional sense; 2. The tenant space is relatively small, totaling 1100 square feet; 3. There are three existing food service tenants in the shopping center to adequately provide food service; 4. The Building and Fire Departments will review the floor plan for layout and occupancy loads. Mr. D Angelo asked for any discussion on the motion. None. Ayes: Najjar, Militello, Ujkic, Wawrzyniak, D Angelo, Graef Nays: None Motion Carried. PZBA15-0021 PROFILE CONSTRUCTION Requesting a 9 rear yard setback variance. West side of Dodge Park Road between Warsaw and Brougham Drives is Section 27. Property Address: 35665 & 35691 Dodge Park Road. Mr. D Angelo asked Mr. Mende to provide background on the case.
Page 8 Mr. Mende stated this property is located on the west side of Dodge Park just north of 15 Mile Road and was formerly zoned O-1 (Business and Professional Office). In January 2015, the City Council rezoned the property back to R-60 (One Family Residential) at the request of the petitioner. The proposal consists of two lots and they both have approximately 76 of frontage on Dodge Park Road and 110 of depth. Many lots in this subdivision, including this property, were platted 90 years ago at 100 depths. An abandoned alley was later added to these lots which added 10 additional feet to the depths. The current ordinance requires lots to have 10 in depth. The petitioner intends to construct two ranch style homes of approximately 1725 square feet which is compatible and comparable with the existing single family homes just located to the west. Mr. Edward Kopp, petitioner, 42339 Tessmer Drive, stated the intent is to build 2 ranch style homes similar and consistent with a number of the homes in the area. He presented his diagram, which was also provided to the Board, and stated the homes would be constructed with a brick front, brick half walls on the side and vinyl siding on the rear of the home with a two-car attached garage. Mr. D Angelo asked for any questions from the Board. Mr. D Angelo asked what the square footage is on the homes. Mr. Kopp stated approximately 1749 square feet. Mr. D Angelo asked Mr. Mende if he could confirm that the size of these homes are harmonious with the surrounding homes in the area. Mr. Mende stated that they are compatible and comparable with the other ranch homes. Mr. Wawrzyniak asked Mr. Mende with the size of the setbacks that are left over, would they be able to build decks and patios. Mr. Mende stated that they can and the ordinance does permit a 10 foot encroachment for a deck off the back of the residence. There is no concern or requirement for patios. Mr. D Angelo asked for any further questions from the Board. Being none, opened for Public Participation. Seeing none, call for a motion. Motion by Militello, supported by, in the Case of PZBA15-0021, Profile Construction, 35665-35691 Dodge Park Road, move to approve the requested variance subject to the following conditions: 1. That the decision of the Board will remain valid and in force as long as the facts and information presented to the Board during the Public Hearing are found to be correct, and that the conditions upon which the motion is based are forever maintained as presented to the Board. The petitioner agrees to abide by and comply with all the ordinances of the City of Sterling Heights and the regulations of every lawful agency or governing authority now or hereafter in force; 2. Notice of the approval of the variance shall be delivered to the City Clerk s office within 60 days after the approval date of the applicable meeting minutes for recording with the Macomb County Register of Deeds. Failure to file this notice shall serve as grounds to revoke the variance; 3. A Hold Harmless Agreement, in favor of the City of Sterling Heights, shall be delivered to the City Clerk s office within 60 days after the approval date of the applicable meeting minutes for recording with the Macomb County Register of Deeds. Failure to follow this agreement shall serve as grounds to revoke the variance.
Page 9 The following Findings of Fact are noted: 1. The parcel is an unusually shaped lot; 2. The parcel was subdivided 90 years ago and does not meet the city s current minimum lot depth standards; 3. The proposed construction will be compatible with adjacent ranch style homes. Mr. D Angelo asked if any discussion on the motion. None Ayes: Militello, Graef, Najjar, Ujkic, Wawrzyniak, D Angelo Nays: None Motion Carried. PZBA15-0018 JOHN HADDAD Requesting a variance to permit a third wall sign of 9.62 square feet. Southwest corner of Van Dyke and Crest View in Section 34. Property Address: 33900 Van Dyke. Mr. D Angelo asked for Mr. Mende to provide background on the case. Mr. Mende stated property is zoned C-3 (General Business). Popeye s Louisiana Kitchen has renovated and reopened this former Arby s on Van Dyke north of Fourteen Mile Road. The petitioner is requesting a third wall sign of 9.62 square feet, to be placed on the north elevation, visible to southbound Van Dyke traffic. The ordinance permits this location to have two wall signs, due to the fact that the property is a corner lot. Popeye s has erected those two signs, one approximately 55 square feet and one 9.62 square feet. Petitioners, Mr. John Haddad, Beacon Sign Company, 3755 E. Outer Drive, and Mr. Nelson of 30035 Wildbrook Drive, Southfield, both present. Mr. Haddad stated that they are asking for an additional logo sign. The main reason is that it is their corporate sign policy to have the front sign and then the two logo signs. Mr. Nelson, who is also on the Board of Directors for Popeye s Chicken, stated that this is part of the new Louisiana Chicken reimage and they are asking for this variance so they can follow and be in suite with the franchise requirements. Mr. D Angelo asked for any questions from the Board. Mr. Wawrzyniak asked if the sign does not get approved, could they get penalized from corporate office. Mr. Nelson stated they could go into default and the Popeye construction manager could come out and take pictures. He stated they had already submitted pictures and questions have been raised. Mr. Nelson stated that the corporate office is aware that for the municipality that they are in, based on the code, only two signs are permitted. Mr. Ujkic asked if this request is just to comply with the franchise rule or also to better the business. Mr. Nelson stated the request is to comply with the franchise. Mr. D Angelo asked if they were certain that they are the only one not in compliance. He has seen images of other Popeye s that do not necessarily have three signs.
Page 10 Mr. Haddad stated that is correct for this square footage and this footprint. Mr. D Angelo asked Mr. Mende how common it is for communities to have requirements for only two signs. Mr. Mende stated that the majority of ordinances only permit one identification sign and feels that Sterling Heights ordinance is somewhat liberal in that it does allow certain marquee signs and certain logos so they can get additional signage. If Popeye s wanted to reduce this logo to six square feet, it could be approved administratively. Mr. Wawrzyniak asked Mr. Mende if they were not on a corner lot would they only be permitted one frontage sign. Mr. Mende stated that if they were not a corner lot, they would be allowed their one main identification sign which is 10% of their façade up to 200 square feet plus they would be allowed one six square foot logo sign to put anywhere on the building. Mr. D Angelo asked if there is anything obstructing the signs that are currently there. Mr. Haddad said a very slight obstruction but that is not why they are asking the approval. Mr. D Angelo asked Mr. Mende that when the construction on Van Dyke north of 14 Mile Road is completed, is there going to be a boulevard there. Mr. Mende stated there will not be. Mr. Wawrzyniak asked the petitioners if the corporate office would go smaller on the size, therefore not needing the approval from the Board but administratively. Mr. Nelson stated that he is not sure and would need to check on that. Mr. Haddad stated it is a standard size but would like to confirm with the Board that if the sign was six square feet, it could possibly be approved administratively. Mr. D Angelo stated yes, but no larger than six square feet. Mr. Graef just wants to clarify with the petitioners that these signs are basically the new corporate image for what Popeye s requires for the building for the footprint size and style and Popeye s wants them to have two signs on the side and then the front sign. This would make your contractual agreement comply. Mr. Haddad and Mr. Nelson stated this is correct. Mr. D Angelo asked for any further questions from the Board. Being none, opened up for Public Participation. Ms. Glory Jean Supple, stated she received a postcard and is concerned with the maintenance and landscaping of the building. There are several trees that need to be cut. Mr. D Angelo asked for any other Public Participation. Being none, asked Mr. Mende to address the concerns. Mr. Mende stated that he can get with the Code Enforcement Office and have them inspect the site and area on the north side of the building. Ms. Supple is referring to the trees that border Crestview Drive.
Page 11 Mr. D Angelo asked for any further questions from the Board. Being none, called for a motion. Motion by Graef, supported by Ujkic, in the case of PZBA15-0018, John Haddad, 33900 Van Dyke, move to approve the variance for the following reasons: 1. That the decision of the Board will remain valid and in force as long as the facts and information presented to the Board during the Public Hearing are found to be correct, and that the conditions upon which the motion is based are forever maintained as presented to the Board. The petitioner agrees to abide by and comply with all the ordinances of the City of Sterling Heights and the regulations of every lawful agency or governing authority now or hereafter in force; 2. Notice of the approval of the variance shall be delivered to the City Clerk s office within 60 days after the approval date of the applicable meeting minutes for recording with the Macomb County Register of Deeds. Failure to file this notice shall serve as grounds to revoke the variance; 3. A Hold Harmless Agreement, in favor of the City of Sterling Heights, shall be delivered to the City Clerk s office within 60 days after the approval date of the applicable meeting minutes for recording with the Macomb County Register of Deeds. Failure to follow this agreement shall serve as grounds to revoke the variance. The following Findings of Fact are noted: 1. The total square footage of all wall signs does not exceed the maximum allowed; 2. The sign, at 9.62 square feet, is only 3.62 feet larger than the 6 square feet allowed for a logo sign. Mr. D Angelo asked for any discussion on the motion. None. Ayes: Graef, Ujkic, Wawrzyniak, Militello, Najjar Nays: D Angelo Motion Carried. APPROVAL OF MINUTES: Motion by Militello, supported by Najjar, to approve the minutes of the July 16, 2015. Ayes: Militello, Najjar, Ujkic, Wawrzyniak, D Angelo, Graef Nays: None Motion Carried. NEW BUSINESS None OLD BUSINESS None PUBLIC PARTICIPATION None
Page 12 MOTION TO ADJOURN Motion by Militello, supported by Wawrzyniak, to adjourn. Ayes: Militello, Wawrzyniak, D Angelo, Graef, Najjar, Ujkic Nays: None Motion Carried. The meeting adjourned at 8:28 P.M. Respectfully submitted, Derek B. D Angelo, Vice Chairman Zoning Board of Appeals