city of madison heights

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CITY OF MADISON HEIGHTS

ZONING BOARD OF APPEALS AGENDA October 07, 2021, 7:30 P.M. Council Chambers – City Hall

300 W. 13 Mile, Madison Heights, MI 48071

Notice is hereby a Meeting of the Madison Heights Zoning Board of Appeals will be held in the City Council Chambers of the Municipal Building at 300 W. 13 Mile Road, Madison Heights, Oakland County, Michigan 48071 on October 07, 2021 at 7:30 p.m. to consider the following requests: 1. Call to Order

2. Roll Call

3. Approval of the Agenda (Additions & Deletions)

4. Approval of Minutes:

a. August 05, 2021; Zoning Board of Appeals Meeting

5. New Business:

a. Case #21-0009: 29600 Stephenson Highway REQUEST: A request for a variance for exceeding the maximum square footage for wall signage listed in section 10.511.4(b). A maximum sign area of 100 square footage is permitted that includes all wall signage. A total of 160 square feet is proposed including a 60 square feet existing sign. The applicant is requesting a variance for an additional 60 square feet of signage. The property is zoned M-1, light industrial district. The property is located on the east side of Stephenson Highway north of Twelve Mile Road at 29600 Stephenson Highway. The applicant is Nathan Podrid of GS Ashley LLC and is an LLC member of the property ownership entity listed as IIP-MI 7 LLC.

6. Public Comment: For items not listed on the agenda

7. Adjournment

If you are unable to attend the meeting, you can send your comments via email at: [email protected] and your comment will be read at the meeting. Written comments may also be mailed prior to the meeting to 300 West Thirteen Mile Road, Madison Heights, Michigan, 48071. All comments will be heard at the meeting.

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Zoning Board of Appeals Regular Meeting Madison Heights, Michigan August 5, 2021 A Regular Meeting of the Madison Heights Zoning Board of Appeals was called to order by Chairman Kimble on August 5, 2021 at 7:30 p.m. in the Municipal Building at 300 West Thirteen Mile Road, Madison Heights, Michigan. Present: Chair Kimble and members: L. Corbett, R. Corbett, Holder, Kirchoff (arrived @ 7:45

p.m.), Marentette, Oglesby and Thompson Absent: Kehoe Also Present: City Attorney Burns, Senior Planner Komaragiri, and Clerk of the Board Boucher. All votes taken at today’s meeting are roll call votes.

21- 21. Additions and Deletions to the Agenda. Motion by Vice-Chair Oglesby, seconded by Ms. Thompson, to approve the following amendments to the agenda: Case #21-03: Stephenson Self Storage has been withdrawn from the agenda. And, Case #21-08: 30031 Dequindre Road has been changed from 600 square foot to 266 square foot. Yeas: L. Corbett, R. Corbett, Holder, Marentette, Oglesby, Thompson and Kimble Nays: None Absent: Kehoe and Kirchoff Motion Carried. 21- 22. Minutes Motion by Ms. Holder, seconded by Ms. L. Corbett, to adopt the minutes of the Regular Meeting held on June 3, 2021 as printed. Yeas: R. Corbett, Holder, Marentette, Oglesby, Thompson, L. Corbett and Kimble Nays: None Absent: Kehoe and Kirchoff Motion Carried. 21- 23. Case #21-06: 30704 Winthrop Drive The applicant is requesting a dimensional variance for the reduction of the front yard building setback by six feet to enclose their existing porch area. Per section 10.401., a minimum of 25 feet of front building setback is required and a minimum of 19.1 feet is proposed. The property is located at 30704 Winthrop Drive. The property is zoned R-1, a one-family residential district. The applicant is the property owner. The applicants are Vince and Jean Minish. Applicant Vince Minish talked about enclosing their front porch to keep the bugs and mosquitos out. It will not be a living space but a room for their convenience. Chair Kimble opened the public hearing at 7:36 p.m. to hear comments on application #21-06. There being no comments on application #21-06, Chair Kimble closed the public hearing at 7:37 p.m.

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Chair Kimble read the following property owner emails in support of case #21-06 into record: 1) Resident at 30624 Winthrop Drive 2) Ralph and Suzanne Rubin at 30624 Winthrop Drive 3) Kory and Lori Musket at 30466 Winthrop Drive

Mr. Minish responded to Ms. Marentette’s question that the photos provided are of the front porch with awning and the back porch is enclosed. He responded to Chair Kimble’s question that he will be using contractor Martino Construction. Chair Kimble responded to Ms. Marentette’s question that once the front porch is enclosed it is not considered a living space unless it is included in the heating and cooling of the home. City Attorney J. Sherman responded to Ms. Thompson’s question that the home already has an existing porch, it could be considered a practical difficulty and each case is unique. He suggests that if approved, it is subject to the following conditions that it must remain a porch and cannot be converted. Vice-chair Oglesby shared the sentiments of the neighbors that the home is beautifully kept. Councilman R. Corbett stated the board encourages community growth and neighborhood enhancement.

REQUEST The applicant is requesting a dimensional variance for the reduction of the front yard building setback by six feet to enclose their existing porch area. The applicant is the property owner. The applicants are Vince and Jean Minish.

SITE PLAN COMMITTEE ACTION The site plan review committee considered the proposed request at their June 23, 2021 meeting and July 14, 2021 meeting. The committee is currently not recommending approval as the proposed enclosure/expansion is not compatible with surrounding setbacks in the neighborhood. Motion by Councilman R. Corbett , Seconded by Vice-Chair Oglesby, to approve a dimensional variance for the reduction of the front yard building setback by six feet to enclose their existing porch area. The property compliments the neighborhood; it does not have a negative impact and enhances the property involved. Approval is subject to two conditions: that it remains a porch as defined by the City of Madison Heights and that it does not create precedence on behalf of the Zoning Board of Appeals who will review each request individually. Yeas: Holder, Marentette, Oglesby, Thompson, L. Corbett, R. Corbett and Kimble Nays: None Absent: Kehoe and Kirchoff Motion Carried. 21- 24. Excuse Member(s). Motion by Vice-Chair Oglesby, seconded by Ms. Holder, to excuse Ms. Martha Kehoe and Ms. Frances Kirchoff from tonight’s meeting. Yeas: Marentette, Oglesby, Thompson, L. Corbett, R. Corbett, Holder and Kimble Nays: None Absent: Kehoe and Kirchoff Motion Carried. 21- 25. Case #21-07: 1190 E. 12 Mile Road

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A Temporary Use Permit in the O-1 Office Building District is requested under Sections 10.804(3)(b) and 10.804(3)(c) which permits a temporary use for periods not to exceed two years. The request includes using the existing parking lot for mobile MRI use for a maximum of one day per week from 8:30 am to 5:30 pm. The drop-off will not be earlier than 7:30 a.m. and pick up not later than 6:30 p.m. The applicant is proposing to park a mobile MRI Trailer Unit in the parking lot to the east of the building. The property is located at 1190 E 12 Mile Road. The applicant is Mirna Fayad/Gravity Imaging and the property owner is Tim Miller/Matias Energy, LLC. Mr. Joel Karboske, representing Mr. Tim Miller at 1190 E. 12 Mile Road, updated that the MRI Trailer Unit will be moved to the parking lot east of the building and to provide additional parking spaces to the residents. Chair Kimble opened the public hearing at 7:48 pm to hear comments on application #21-07. Mr. Terence McKinney at 1288 Ronald Avenue is grateful to have the MRI Trailer Unit moved to the parking lot east of the building. In the future, he hopes the board takes careful consideration for the residents to avoid any turmoil. There being no comments on application #21-07, Chair Kimble closed the public hearing at 7:50 p.m. City Attorney J. Sherman, in response to Mr. McKinney’s inquiry to enforce the drop-off and pickup hours, if Code Enforcement is contacted they will issue a warning notice to the business and if the violation continues the business will receive a misdemeanor citation. This may require the business owner to appear before the 43rd District Court. He suggests creating a committee with residents and interested parties. City Attorney J. Sherman reiterated the hours of operation, drop-off hours and pick up hours. He recommends reinstating the permit not to exceed 6 weeks and for a use of a maximum of one day per week from 8:30 am to 5:30 pm. The drop-off will not be earlier than 7:30 a.m. and pick up not later than 6:30 p.m. Chair Kimble reminded everyone that the maximum use was two days per week than decreased to one day per week and the MRI Trailer Unit is to move to the parking lot to the east of the building. Ms. Moira McKinney at 1288 Ronald Avenue thanked CED Director Giles Tucker and city Attorney J. Sherman for listening to the resident’s complaint. She recognized Councilor Emily Rohrbach for knocking on resident’s doors to ask about their concerns. Ms. McKinney acknowledged Councilman R. Corbett for confirming the noise concern. Mr. Joel Karboske, in response to Ms. McKinney’s inquiry about the time frame to move the MRI Trailer Unit, stated that the business submits a request through DTE Energy which may take 4-6 weeks for them to respond. He will consider using extension cords for the time being as suggested by Chair Kimble. Mr. Joel Karboske, in response to Senior Planner Komaragiri confirmed the mobile MRI will be in use on Fridays. Senior Planner Komaragiri explained that the permit is a temporary use for periods not to exceed two years based on the plans and applications provided. The ZBA has the opportunity to set certain conditions and restrictions.

REQUEST A Temporary Use Permit in the O-1 Office Building District is requested under Sections 10.804(3)(b) and 10.804(3)(c) which permits a temporary use for periods not to exceed two years. The request includes using the existing parking lot for mobile MRI use for a maximum of one day per week from 8:30 am to 5:30 pm. The drop-off will not be earlier than 7:30 a.m. and pick up not later than 6:30 p.m. The applicant is proposing to park a mobile MRI Trailer Unit in the parking lot to the east of the

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building. The property is located at 1190 E 12 Mile Road. The applicant is Mirna Fayad/Gravity Imaging, and the property owner is 1190 Twelve Mile LLC.

SITE PLAN COMMITTEE ACTION The proposed use is not an identified use in the Zoning Ordinance for O-1 zoning. The applicant is requesting a temporary use permit. The site plan review committee considered the proposed request at their July 14, 2021 meeting and recommends approval as the applicant has provided a revised plan that addresses all staff concerns and residents’ concerns (see an attached email from one of the resident’s representatives). In the past, the city received a couple of complaints from the neighboring residents about the applicant bringing in the mobile MRI unit on days not approved and before approved hours (6 am) while running the generator. Should there be a motion to approve the request, staff recommends the ZBA include in the motion the consequences of the use being conducted outside of the hours specified in the approval. If the ZBA finds that operating the use outside of the approved hours is detrimental to the adjacent neighbors, the ZBA may specify that the approval will be revoked. Motion by Councilman R. Corbett, Seconded by Vice-Chair Oglesby, to approve a temporary use permit for periods not to exceed two years. The request includes using the existing parking lot for mobile MRI use for a maximum of one day per week from 8:30 am to 5:30 pm. The drop-off will not be earlier than 7:30 a.m. and pick up not later than 6:30 p.m. With the mobile MRI Trailer Unit along the back side wall for a period not to exceed 6 weeks after which the mobile MRI Trailer Unit is parked on the eastern side of the property as shown on the most recent diagram. Yeas: Oglesby, Thompson, L. Corbett, R. Corbett, Holder, Kirchoff, Marentette and Kimble Nays: None Absent: Kehoe Motion Carried. 21- 26. Case #21-08: 30031 Dequindre Road A request for a variance for exceeding the maximum height and maximum square footage for temporary signage under sections 10.511.c.1.(c) and 10.511.c.1.(d). The request includes installation of temporary signage for a period not to exceed one year. The total combined area of all temporary signs shall not exceed 16 square feet per address. No sign shall be greater in height than four feet above the ground. A total combined area of 266 square feet and the maximum height of the sign is 5 ½ feet is proposed. The applicant is proposing a fence wrap that includes 24 sign panels. The property is located at 30031 Dequindre Road, The Reserve at Red Run, a new senior living facility. The applicant is The Reserve at Red Run LLC and the property owner is Madison Hudson LLC. Jeff Buck, a Project Manager from Cypress Partners, LLC at 280 W. Maple Road, Birmingham explained that the temporary sign will be located on Dequindre Road to advertise the new senior living facility. Due to the high traffic volume and the restricted construction site, this sign will provide interested parties visible information for the new facility without having to pull over, using the center lane or a side street. Chair Kimble opened the public hearing at 8:10 p.m. to hear comments on application #21-08. There being no comments on application #21-08, Chair Kimble closed the public hearing at 8:12 p.m. Chair Kimble reconfirmed the total combined area changed from 605 square feet to 266 square feet. He commented that it’s a good idea to have signage that identifies the contact information for individuals that are interested in the new facility.

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City Attorney J. Sherman talked about a temporary signage for a period not to exceed one year and will serve as a dual purpose as a construction site and advertisement sign. The request was reduced from 605 square feet to 266 square feet and it is subject to the Building Officials review. Senior Planner Komaragiri confirmed the temporary sign will serve as a dual purpose as a construction site and advertisement sign, the maximum height of the sign is 5 ½ feet and the total combined area of all temporary signs shall not exceed 16 square feet per address.

REQUEST A request for a variance for exceeding the maximum height and maximum square footage for temporary signage under sections 10.511.c.1.(c) and 10.511.c.1.(d). The request includes installation of temporary signage for a period not to exceed one year. The total combined area of all temporary signs shall not exceed 16 square feet per address. No sign shall be greater in height than four feet above the ground. A total combined area of 266.34 square feet and the maximum height of the sign is 5 ½ feet is proposed. The applicant is proposing a fence wrap that includes 24 sign panels. The property is located at 30031 Dequindre Road, The Reserve at Red Run, a new senior living facility. The applicant is The Reserve at Red Run LLC and the property owner is Madison Hudson LLC.

SITE PLAN COMMITTEE ACTION The site plan review committee considered the proposed site plan at their June 23, 2021 meeting and recommended denial and requested the applicant to explore other options that would require a lesser deviation. The committee recommended the applicant to consider reducing the sign area and consider less distractive colors. Motion by Vice-Chair Oglesby, Seconded by Ms. Holder, to approve a temporary sign variance of total combined area of 266.34 square feet, the maximum height of the sign is 5 ½ feet and a fence wrap that includes 24 sign panels. The temporary signage is for a period not to exceed one year and is subject to the Building Officials review. Yeas: Thompson, L. Corbett, R. Corbett, Holder, Kirchoff, Marentette, Oglesby and Kimble Nays: None Absent: Kehoe Motion Carried. 21- 27. Public Comment: For items not listed on the agenda Seeing no one wished to comment, Chair Kimble opened and closed the public comment at 8:16 p.m. 21- 28. Adjournment. Motion by Ms. Holder, seconded by Vice-Chair Oglesby, to adjourn the meeting. Yeas: L. Corbett, R. Corbett, Holder, Kirchoff, Marentette, Oglesby, Thompson and Kimble Nays: None Absent: Kehoe Motion Carried.

There being no further business, Chair Kimble, adjourned the meeting at 8:19 pm.

Phommady A. Boucher Clerk of the Board

MEMORANDUM

To: Zoning Board of Appeals From: Sri Ravali Komaragiri, AICP, Senior Planner, Giffels Webster Date: September 29, 2021 Subject: Dimensional Variance: PZBA 21‐0009, 29600 Stephenson Highway REQUEST

A request for a variance for exceeding the maximum square footage for wall signage is listed in section 10.511.4(b). A maximum sign area of 100 square footage is permitted that includes all wall signage. The applicant is requesting a variance for an additional 60 square feet of signage. The property is zoned M‐1, a light industrial district. The property is located on the east side of Stephenson Highway north of Twelve Mile Road at 29600 Stephenson Highway. The applicant is Nathan Podrid of GS Ashley LLC and is an LLC member of the property ownership entity listed as IIP‐MI 7 LLC. PROPOSED SIGNAGE

Area of existing sign (West): 60 square feet (front façade facing 11 Mile Road)

Area of proposed sign (East facing I‐75): 100 square feet, 200” x 14” (facing I‐75 service drive) Total sign area for the subject property: 160 square feet Total sign area permitted: 100 square feet. (all signs on all facades)

The variance requested: 60 square feet

Code Reference (Section 10.511(IV)(C)(4)(b)). The total sign area of any wall sign in this district shall not exceed 1½ square feet for each lineal foot of building frontage, not to exceed a total sign area of 100 square feet. The 100 square foot maximum area shall include all wall signs on all sides of a building or structure. No wall sign shall protrude more than 12 inches from the wall on which it is mounted. SITE PLAN COMMITTEE ACTION

The site plan review committee considered the proposed request at their September 15, 2021 meeting. The committee provided the following notes for the zoning board of appeals consideration while reviewing the request. 1. The committee agrees with the applicant’s note that the applicant does not have the authority

to clear existing vegetation that could potentially limit the sign visibility. 2. The city community development department is considering a potential amendment addressing

signage along I‐75, details are yet to be finalized. A maximum of 100 square feet of wall sign for properties along I‐75 is consistent with the initial discussion.

PZBA 21‐0009, 29600 Stephenson Highway

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CODE REFERENCES

Sec. 10.804. ‐ Power of zoning board of appeals. (2) Variance. To authorize upon an appeal, a variance from the strict applications of the provisions of this Ordinance where by reason of exceptional narrowness, shallowness, shape or area of a specific piece of property at the time of enactment of this Ordinance or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to, or exceptional undue hardship upon the owner of such property, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of this Ordinance. In granting a variance the board may attach thereto such conditions regarding the location, character and other features of the proposed uses as it may deem reasonable in furtherance of the purpose of this Ordinance. In granting a variance, the board shall state the grounds upon which it justifies the granting of a variance. Sec. 10.805. ‐ Standards. Each case before the city council, zoning board of appeals or plan commission shall be considered as an individual case and shall conform to the detailed application of the following standards in a manner appropriate to the particular circumstances of such case. All uses as listed in any district requiring approval for a permit shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts. Consideration shall be given to the following:

(1) The location and size of the use. (2) The nature and intensity of the operations involved in or conducted in connection with it. (See

section 10‐319(4).) (3) Its size, layout and its relation to pedestrian and vehicular traffic to and from the use. (4) The assembly of persons in connection with it will not be hazardous to the neighborhood or be

incongruous therewith or conflict with normal traffic of the neighborhood. (5) Taking into account, among other things, convenient routes of pedestrian traffic, particularly of

children. (6) Vehicular turning movements in relation to routes of traffic flow, relation to street intersections, site

distance and the general character and intensity of development of the neighborhood. (7) The location and height of buildings, the location, the nature and height of walls, fences and the

nature and extent of landscaping of the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.

(8) The nature, location, size and site layout of the uses shall be such that it will be a harmonious part of the district in which it is situated taking into account, among other things, prevailing shopping habits, convenience of access by prospective patrons, the physical and economic relationship of one type of use to another and related characteristics.

(9) The location, size, intensity and site layout of the use shall be such that its operations will not be objectionable to nearby dwellings, by reason of noise, fumes or flash of lights to a greater degree than is normal with respect to the proximity of commercial to residential uses, not interfere with an adequate supply of light and air, not increase the danger of fire or otherwise endanger the public safety.

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NOTICE OF PUBLIC HEARING

Notice is hereby a Meeting of the Madison Heights Zoning Board of Appeals will be held in the City Council Chambers of the Municipal Building at 300 W. 13 Mile Road, Madison Heights, Oakland County, Michigan 48071 on October 07, 2021, at 7:30 p.m. to consider the following requests:

1. Case #21-0009: 29600 Stephenson Highway

REQUEST: A request for a variance for exceeding the maximum square footage for wall signage listed in section 10.511.4(b). A maximum sign area of 100 square footage is permitted that includes all wall signage. A total of 160 square feet is proposed including 60 square feet existing sign. The applicant is requesting a variance for an additional 60 square feet of signage. The property is zoned M-1, light industrial district. The property is located on the east side of Stephenson Highway north of Twelve Mile Road at 29600 Stephenson Highway. The applicant is Nathan Podrid of GS Ashley LLC and is a LLC member of the property ownership entity listed as IIP-MI 7 LLC.

The application, and any supporting documents, can be viewed during regular business hours at the Community Development Department. In addition, the agenda item can be viewed online at www.madison-heights.org in the Agenda Center after 4:00 p.m. on Friday before the meeting. If you are unable to attend the meeting, you can send your comments via email at: [email protected] and your comment will be read at the meeting. Written comments may also be mailed prior to the meeting to 300 West Thirteen Mile Road, Madison Heights, Michigan, 48071. All comments will be heard at the meeting.

CITY CLERK’S OFFICE (248) 583-0826

Rev. 02/23/2021

City of Madison Heights Community Development Department

300 W. Thirteen Mile Road Madison Heights, MI 48170

(248) 583-0831

ZONING BOARD OF APPEALS CHECKLIST The following checklist outlines the ZBA application process. Please use this checklist as your guide to applying for a variance or other request permitted by the Zoning Ordinance. I. APPLICATION *****ALL APPLICATIONS MUST BE TYPED***** ____ Complete Sections 1, 2, 3, 4 & 5 of the application.

Item 1: Enter the name of the person requesting the variance. This could be the owner, renter, lessee or buyer.

Item 2: Enter the interest of the applicant, i.e. owner, renter, lessee, buyer. Item 3: List the owner of the property. Item 4: The information requested in item 4 can be obtained from your tax bill or in person or on the phone

from the Community Development Department (CDD) at (248) 583-0831. Item 5: Enter the current zoning classification and the current use i.e. residential, commercial. Contact

CDD if you are not sure of the zoning district. ____ Complete Section 6. First check the box for the type of action you are requesting as follows. Please read

all the choices before you select: Appeal of an Administrative Decision: Select this box if you are appealing an administrative decision.

This applies when you disagree with the Zoning Official’s interpretation of the ordinance. On a separate sheet fully explain the nature of the problem, your request, and your desired remedy.

Variance: Select this box if you are requesting a variance from a provision of the ordinance. This includes

setbacks, lot coverage, number of parking spaces etc. Check the box indicating what type of use or action is taking place and briefly describe the request. (Example: For a porch in the front setback you would check the box for ‘erect’ and fill in the line with ‘a front porch encroaching into the front setback’.) Fill in the ordinance sections that you are requesting the variance from. Again, if you are not sure contact CDD. On a separate sheet of paper answer the six items ( A. through F.) being sure to fully and completely describe your request and why it is contrary to what the ordinance normally permits in Item A.

Temporary permit: Select this box if you are applying for a temporary use or structure. Interpretation of Ordinance Language: Select this box if you are requesting the ZBA to interpret or

clarify ordinance language. Attach a detailed request including the affected section and why you are requesting the interpretation.

Public Utility Building: Select this box if you are a public utility constructing a building which requires

ZBA approval. Other Action: Select this box if your request does not fit any of the above categories and attach a full

explanation of your request

____ Complete Item 7. Indicate whether you have been denied a building permit or if you have applied for a previous ZBA action on this parcel.

____ Sign the Application: If you are not the owner you must have the owner sign the application or provide a

notarized letter or power of attorney authorizing you to act on his behalf. You must submit two (2) original signed copies of the application. Indicate who the notices are to be sent to.

CONTINUED ON REVERSE SIDE

Rev. 02/23/2021

____ Attach all the Required Documentation and the Fee: Attach all the applicable items from the checklist

on the application (1 – 6). Site plans and building elevations should be drawn to scale and be neat and readable. Four copies are required of all items.

II. THE PUBLIC MEETING ____ Meeting Notice: The person indicated on the application will receive a notice of the public meeting in the

mail. Notices are also sent to all property owners within 500 feet of the subject property. If you do not receive your notice 10 days before the proposed meeting contact the Clerk’s Office at (248) 583-0286.

____ Attend the Meeting: The applicant, or a designated representative should attend the meeting. You will be

asked to briefly explain your request and may be asked questions by the Board members. The Board will also hold a public hearing at which anyone may speak for or against your request. Speakers are limited to 3 minutes each. After everyone wishing to speak has done so, the hearing will be closed and the Board will act on the request. The request may be tabled to the next meeting if you or your representative do not attend.

____ Obtain any Required Permits: If your request is approved you may apply for any required permits the

next day. Additional Information: ZBA meeting dates. The ZBA normally meets at 7:30 p.m., the first Thursday of each month in Council Chambers at City Hall, 300 W. Thirteen Mile Road, Madison Heights, MI. Application deadlines. Application deadlines are normally three weeks and three days prior to the meeting. Application forms are available at the Community Development Department or online at www.madison-heights.org under the Online Forms tab on the home page. Questions? Contact the Community Development Department at (248) 583-0831.

http://www.madison-heights.org/

Rev. 02/23/2021

Application No.: Date Filed:

CITY OF MADISON HEIGHTS ZONING BOARD OF APPEALS APPLICATION

(This application must be typed) SUBMIT TWO ORIGINAL COPIES

1. Petitioner: Name:__________________________________________

Address:________________________________________

City:____________________ State:______ Zip:________

Telephone:____________________ Fax:______________

Email: __________________________________________

2. Petitioner’s Interest in Property:________________________________________ 3. Property Owner: (Attach list if more than one owner) Name:__________________________________________

Address (Street):__________________________________

City:____________________ State:_____ Zip:_________

Telephone:_______________________________________

Email: __________________________________________ 4. Property Description: Address:________________________________________

Tax Parcel #: 44 - - - - .

Legal Description - Attach if metes and bounds description.

If in a subdivision: Lot #:___________________________

Subdivision name:_________________________________

Lot size:_________________________________________

Size of proposed building or addition: _________________

5. Present Zoning of Property: __________ Present Use: _________________________ 6. Action Requested: (Check the appropriate section and attach response on separate sheets)

APPEAL OF AN ADMINISTRATIVE DECISION (Administrative Review) The applicant requests the Board of Appeals to reverse/modify the _____________________

decision/interpretation of Article ____ , Section___________. The decision should be reversed/modified because: (On a separate sheet describe in detail the nature of the problem, the reason for the request and the desired remedy)

Rev. 02/23/2021

PAGE 2 ZONING BOARD OF APPEALS APPLICATION

6. Action Requested: (Continued) (Check the appropriate section and attach response on separate

sheets) VARIANCE Request is hereby made for permission to erect alter convert or use a

______________________________________________________________________________

Contrary to the requirements of Section(s) _____________ of the Zoning Ordinance

_____________ of the Zoning Ordinance

_____________ of the Zoning Ordinance

The following questions must be answered fully on a separate sheet of paper:

A. Clearly explain the variance desired and how the proposed building and/or use is contrary to the Zoning Ordinance.

B. Explain the special conditions and circumstances that exist which are peculiar to the land, structure

or building involved and which are not applicable to other lands, structures or buildings in the same district. (Note: Your district includes all areas of the City sharing a zoning designation with your property. If your zoning classification were B-1 (Local Business) your district would include all City lands zoned B-1.)

C. Explain why the literal interpretation of the provisions of this ordinance deprives you of rights

commonly enjoyed by others in the same zoning district. D. Did the special conditions and/or circumstances result from your actions? E. Can you use the property in a manner permitted by the Ordinance if a variance is not granted? Is

this the minimum variance you need to use the property in the way you want? F. Will granting the variance change the essential character of the area? TEMPORARY PERMIT Applicant is requesting a Temporary Use and/or a Temporary Structure Describe in detail the proposed use or structure and the length of time requested. INTERPRETATION OF ORDINANCE LANGUAGE IN SECTION ________________ Describe in detail the nature of the requested interpretation. PUBLIC UTILITY BUILDING Describe in detail the proposed use or structure.

OTHER ACTION Describe in detail action requested.

7. CASE HISTORY Have you been denied a permit for a building, sign or use on this property? Yes No Has there been any previous appeal involving these premises? Yes No (If yes, provide character and disposition of previous appeals.)

Rev. 02/23/2021

PAGE 3 ZONING BOARD OF APPEALS APPLICATION

Applicant(s) and property owner(s) hereby consent to city staff, board and commission members, and contractors to access the property for purposes of evaluating the site for the requested action(s). FOR THE OWNER: FOR THE APPLICANT IF NOT THE

OWNER: Signature _____________________________ Signature _____________________________

Printed Name _________________________ Printed Name __________________________

Date _____________________ Date _______________________

Note: A notarized letter of authority or a power of attorney may be substituted for the original signature of the owner. Notices are to be sent to the Applicant Owner ATTACHED HERETO, AND MADE PART OF THIS APPLICATION, ARE THE FOLLOWING: (All required items must be submitted with this application)

1. Two copies of drawings of Site Plan (no larger than 11”x 17”) drawn to scale and containing all necessary dimensions and all features involved in this appeal, including measurements showing open space on abutting properties.

2. Dimensioned elevations of all buildings involved in the requested variance. 3. All required responses to above items. 4. Building permit application if applicable. 5. Letter of authority if applicable

6. Applicable fees: A. Variance Review (Single Family) $300.00 B. Variance Review (Dimensional) $400.00 plus $300 per variance C. Use Variance Review $1,000.00

OFFICE USE ONLY APPROVALS

Approved for hearing by City Attorney _______________________

Approved for hearing by C.D.D. _______________________

Reviewed by Site Plan Committee _______________________

INTER-DEPARTMENTAL NOTIFICATION

Community Development Department _______________________

Fire Department _______________________

Department of Public Services _______________________

ZONING BOARD OF APPEALS FEE: $________________

APPROVED: __________________ PAID: _________________

DENIED: __________________ RECEIPT NO. __________

Application No.: ______________

DesignTeam Plus, LLC 975 East Maple Rd., Suite 210, Birmingham, Michigan 48009 248.559.1000 www.designteamplus.com [email protected]

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City of Madison Heights Community Development Department 300 W. Thirteen Mile Road Madison Heights, MI 48170 September 9, 2021 Project: Holistic Industries Liberty Cannabis 29600 Stephenson Highway Madison Heights, MI 48071 Permit PB 20-0108 Dear Members of the Board of Zoning Appeals, I respectfully request that the Board of Zoning Appeals grant the requested variance based on the following items as outlined in the City of Madison Heights Zoning Board of Appeals Application. Background:

The parcel is situated on the east side of Stephenson Highway between Twelve- and Thirteen-Mile Roads. DesignTeam Plus, LLC was commissioned to design and prepare contract documents for a vertically integrated 64,000 square foot provisioning, cannabis cultivation and processing center to replace the vacant and dilapidated bowling alley. Due to conditions out of our control, the signage area permitted by the ordinance does not permit enough visibility due to our unique site location. We feel the information provided below substantiates the approval of the variance request.

A. Clearly explain the variance desired and how the proposed building and/or use is contrary to

the zoning ordinance.

The variance requested is to allow a 100 square foot sign on the East building elevation along the Interstate-75 corridor in conjunction with the existing building sign on the West building façade along Stephenson Highway. The total building signage proposed is 160 sq. ft. for both the existing West (Stephenson) and East (Interstate-75) facades. The total building wall signage permitted under the current zoning ordinance is 100 sq. ft total. Less than 100 sq. ft. building signage is not conducive to the position of the building on the property and the speed of travel along Interstate-75.

B. Explain the special conditions and circumstances that exist which are peculiar to the land,

structure of building involved and which are not applicable to other lands, structures, or

buildings in the same district. (Note: Your district includes all areas of the City sharing a zoning

designation with your property. If your zoning classification were B-1 (Local Business) you

district would include all City lands zoned B-1).


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The parcel is addressed to Stephenson Highway, a major thoroughfare, and the means by which the public will access the provisioning center. Unlike the majority of retail properties within the M-1 district of the City, Interstate-75 runs parallel with the East property line, creating a secondary publicly visible façade. Additionally, the western right-of-way line of Interstate-75 falls within the jurisdiction of MDOT. This right-of-way contains brush and trees that the building owner has no authority to trim or remove. The height of brush and trees currently obscures the building from view of Interstate-75 (see figure 1 below).

Figure 1: View West on I-75 toward subject parcel. (Image taken from GoogleEarth)

C. Explain why the literal interpretation of the provisions of this ordinance deprives you of rights

commonly enjoyed by others in the same zoning district.

For businesses having two opposing street-front facades, both travelled at 40 mph and 70 mph, respectively, a maximum permitted building wall signage of 100 sq. ft. creates an issue with public wayfinding along the Interstate 75 corridor due to the posted speed limit. Enlarging the East façade building signage to 100 sq. ft., will allow drivers traveling the posted speed limit to easily identify the location of Liberty Cannabis without posing additional distractions to the motorist while eliminating possible traffic accidents.

D. Did the special conditions and/or circumstances result from your actions?

The special condition was a result of the construction of the Interstate Highway.


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E. Can you use the property in a manner permitted by the Ordinance if a variance is not granted?

Is this the minimum variance you need to use the property in the way you want?

Without granting a signage variance, the property will be usable; however, it will have the possibility of creating unsafe conditions along Interstate-75 by drivers slowing down searching for Liberty Cannabis

due to limited visibility imposed by the existing tree coverage and allowable maximum size of building signage. Our research has determined that an additional 60 sq. ft. would be the minimum additional area required for safe viewing while traveling 70 mph.

F. Will granting the variance change the essential character of the area?

Granting the variance will not detract from or change the essential character of the area. We feel the granted variance will be in keeping with other properties along Interstate-75 which have received variance for increase size of signage. (See Figure 2 below)

I appreciate your consideration in granting this request for variance and look forward to discussing it with you in further detail at the upcoming Board of Zoning Appeals meeting. Sincerely,

Harold J. Remlinger, AIA, LEED AP, NCARB Principal Architect

Figure 2: Costco Wholesale Two wall signs on East facade facing I-75 (Image taken from GoogleEarth)


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Legal Description

Project: Holistic Industries Liberty Cannabis 29600 Stephenson Highway Madison Heights, MI 48071 Permit PB 20-0108

Land situated in the City of Madison Heights, County of Oakland, State of Michigan is described as follows: Parcel A: Part of the Southwest 1/4 of Section 11, Town 1 North, Range 11 East, City of Madison Heights, Oakland County, Michigan, described as: Beginning at a point on the North and South 1/4 Section line said point being South 470.14 feet from the center of Section 11 and proceeding thence along said North and South 1/4 line of Section 11, 335.80 feet; thence West 637.40 feet to the Easterly line of Stephenson Highway; thence Northwesterly along said Easterly line a distance of 335.98 feet; thence East 660.40 feet to the point of beginning. Parcel B: Part of the Southeast 1/4 of Section 11, Town 1 North, Range 11 East, City of Madison Heights, Oakland County, Michigan, described as: Beginning at a point on the North-South 1/4 line of Section 11 that is South 470.14 feet from the center of Section 11; thence South 335.80 feet along said North and South 1/4 line; thence East 40.00 feet to the West right of way line of I-75 expressway; thence North 00 degrees 40 minutes 56 seconds West, 335.82 feet along said right of way line; thence West 36.00 feet to the point of beginning. Re: 29600 Stephenson Highway Tax Parcel No. 25-11-377-004 Based on a field survey all of the above being described as: Part of the Southeast 1/4 and Southwest 1/4 of Section 11, Town 1 North, Range 11 East, City of Madison Heights, Oakland County, Michigan, described as: Commencing at the center of said Section 11; thence along the North and South 1/4 line of said Section 11 Due South 470.14 feet to the point of beginning; thence Due East 36.00 feet to a point on the Westerly Right-of-Way line of I-75 Expressway (width varies); thence along said Westerly Right-of-Way line South 00 degrees 40 minutes 56 seconds East 335.82 feet; thence Due West 669.71 feet to a point on the Easterly Right-of-Way line of Stephenson Highway (204' wide); thence along said Easterly Right-of-Way line 336.51 feet along an arc of a curve to the left, radius of 38299 feet, central angle of 00 degrees 30 minutes 12 seconds, chord bearing North 03 degrees 43 minutes 12 seconds West 336.51 feet; thence Due East 651.54 feet to the point of beginning.

975 E. Maple Road, Suite 210Birmingham, Michigan 48009

P: 248. 559. 1000

[email protected]

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