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March 9, 2020 | City Council Minutes

CITY OF GROSSE POINTE FARMS CITY COUNCIL
REGULAR MEETING MINUTES


A regularly scheduled meeting of the City Council for the City of Grosse Pointe Farms was called to order at 7:00 p.m. on Monday, March 9, 2020, by Mayor Louis Theros, at 90 Kerby Road, Grosse Pointe Farms, Michigan.
Present: Mayor Louis Theros, Mayor Pro Tem Joe Ricci, Councilmembers John J. Gillooly, James C. Farquhar, Beth Konrad-Wilberding, Neil Sroka and Lev Wood.
Absent: None.
Also Present: Derrick Kozicki, Assistant City Manager & City Clerk ; Debra Peck-Lichtenberg, City Controller & Treasurer; Daniel Jensen, Director of Public Safety; John Hutchins, Deputy Director of Public Safety; Matthew Baka, Director of Public Service; and William T. Burgess, City Attorney.
Mayor Theros led the Pledge of Allegiance.
Council considered the Minutes of the Regular City Council Meeting held on February 10, 2020.
Mayor Theros motioned to approve the Minutes of the Regular City Council Meeting held on February 10, 2020. Motion carried.
Farquhar motioned, Gillooly seconded to adjourn the Regular City Council Meeting and reconvene as the Board of Zoning Appeals. Motion carried unanimously.

The Board of Zoning Appeals held a Public Hearing to consider a use variance for the occupancy, of the structure at 383 Kercheval Avenue (former Jerry’s Club Party Store) as an establishment for the preparation and sale of food for off-site consumption. The Public Hearing was postponed to March 9, 2020 during the previous Board of Zoning Appeals Meeting held on February 10, 2020.

Annie Moreland of Pointe Pantry, applicant, gave an updated brief presentation regarding her request for use variance at 383 Kercheval Avenue.

President Theros asked what vehicle would be used for deliveries.

The applicant stated initially a Ford Expedition would be used then a delivery van would be used in the future.

President Theros asked where customer parking would be located.

The applicant stated that customer parking would be located on Kercheval Avenue in front of the building.

City Attorney Burgess informed Council that while most variances are dimensional, this request is a use variance which would fall under Section 15.02, Sub Section 5 of the Zoning Ordinance.

Sroka asked the City Attorney what other businesses could be located at the property.

City Attorney Burgess stated the business would have the same characteristics of the existing non- conforming use.

Ricci asked the applicant if she had a lease with the property owner.

The applicant stated she had a five year lease with an option to extend it. Konrad-Wilberding asked the applicant if the business would prepare smoothies. The applicant stated she would be making raw juices for delivery.
Farquhar asked the applicant if the County would conduct a health inspection before the business opened.

The applicant stated a health inspection would be required. Sroka asked if the applicant would need approval for a dumpster.
City Attorney Burgess stated that condition could be placed in the ZBA’s motion to approve the variance.

Sroka asked the applicant if they would consider being only delivery without pickup. The applicant stated they would be willing to be only delivery.
Farquhar asked the applicant had a formal parking agreement for the property.

The applicant stated they did not have a formal parking agreement for the property.

Gillooly asked the applicant if they would limit the amount of employees in the business at any time to three.

The applicant stated they would not have more than three employees in the business at any time. Gillooly asked the applicant if the business hours would be 7 a.m. to 10 p.m.
The applicant stated that they would be agreeable to those hours.

Gillooly asked the applicant if they would agree not to use delivery trucks. The applicant stated they would agree not to use delivery trucks.
President Theros opened public comment at 7:30 p.m.

Jerry and Molly Wagner, 350 Mary Street, spoke against granting the use variance due to traffic and parking concerns.

Patricia Bologna, 370 Country Club Lane, spoke against granting the use variance due to concerns about parking and traffic safety.

Richard Smith, 164 Lakeview, stated he did not want the business to use a dumpster. Mark Higbie, 208 Country Club Lane, spoke in favor of granting the use variance.
John Murphy, 187 Country Club Drive spoke against granting the use variance.

Vanessa Young, 160 Lakeview Street, spoke against granting the use variance due to concerns about parking, traffic, noise, odors and rodents.

Lev motioned, Farquhar seconded that the appeal of Annie Moreland on behalf of Jodi Spitz, the owner of the building at 383 Kercheval Avenue for a use variance to allow a commercial use in the R-1 Single Family Residential Zoning District be granted thereby authorizing issuance of a building permit to construct a neighborhood-scale food preparation and delivery establishment called Pointes Pantry.

The Board grants this variance after reviewing petitioner’s Zoning Board of Appeals Application dated January 8, 2020 which contains an undated floor plan for the new establishment, a memo from Matt Baka to Derrick Kozicki dated January 30, 2020, an undated letter and attachments from the applicant containing information regarding proposed new food preparation equipment and a memo from McKenna dated February 3, 2020.

The Board hereby granting a variance pursuant to Section 1502 subsection 5 of the City Zoning Ordinance.

The variance is granted on the basis that the use variance, for this particular described land use, is in the interest of the community in that this is a very low impact use and is an excellent example of an adaptive reuse of a vacant property.

The variance is granted with the following conditions:

1. The use variance is for this described use only.
2. Signage as proposed by the applicant will conform to the materials provided to the Board.
3. City administration will review all new improvements including the proposed new HVAC, exhaust system, doors and windows, if any, for Ordinance compliance. Ventilation systems must be approved by the fire code official.
4. Customer seating is not allowed in the establishment.
5. No dumpsters will be allowed and trash receptacles will be adequate for the expected business purpose. Trash will remain inside the building until a reasonable time prior to pick- up, and then will be placed in the alley behind the building.
6. Food pick-up times will not be offered between 3:30 PM and 5:00 PM, Monday through Friday.
7. Only three employees will be allowed on site at any one time.
8. Operating hours will be 8:00AM to 8:00PM, Monday through Sunday.
9. Applicant agrees to negotiate a written agreement with Jerry’s party store for placement of trash cans and access to parking at the rear of the building.

10. No expansion of the building is allowed under this variance.
11. No “grab and go” food pickup services will be allowed.
12. No pre-packaged drinks will be allowed.
13. Delivery service shall occur only on Mondays and Wednesdays.
14. The applicant’s business operations must comply with all applicable state and federal regulations.

VOTE: YES: Theros, Farquhar, Gillooly, Ricci and Wood. NO: Konrad-Wilberding and Sroka. ABSENT: None. Motion carried.

Gillooly motioned, Farquhar seconded to adjourn the Zoning Board of Appeals and reconvene as the City Council. Motion carried.

Council considered the following items on the Consent Agenda.
a. Consideration of a request from the Finance Director to approve February 2020 invoices.
b. Approval of payment for legal services.

Farquhar motioned, Gillooly seconded to approve the Consent Agenda. Motion carried.
Council received the February 2020 Public Safety Report. Council heard Public Comment from the audience.
Ricci motioned, Wood seconded to enter Closed Session to discuss pending litigation. Motion carried.
Mayor Theros adjourned the regular meeting at 8:45 p.m.

Derrick Kozicki, City Clerk Louis Theros, Mayor

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