Petitioner Frustrated with Zoning Requests

The Zoning Board of Appeals voted to table a few issues at their meeting Tuesday night, including a variance for additional signage at Simsbury Plaza and a variety of variances in the construction of a large multi-unit retail development. 

Tabled again was a petition by Kas Dalaly, who has brought his proposal to build a retail development in the subdivision, which is zoned both business and residential. Dalaly has come before the ZBA multiple times but has failed each time to proceed to the Planning Commission.

In 2008, Dalaly appealed the township’s decision to deny him commercial building rights on that property and the Oakland County Circuit Court granted him permission to build a 3,352 square foot commercial unit. Still, board members insist Dalaly must continue with the same planning process of everyone else. Previously Dalaly has petititioned many ZBA meeting recently with the proposed project for lots 9-16, on the east side of Green Lake Road and north of Pontiac Trail.

Residents have made their opinions felt during the public comments portion of meetings previous that they fear the development will add increased traffic to a quiet, neighborhood subdivision.

Dalaly wasn’t pleased when he was told once again at Tuesday’s meeting that a more definitive plan was needed before moving onto the next phase of the planning process.

“Every time (we come here) it’s different,” Dalaly said. “Please tell us what you’re looking for.”

ZBA chairman David Ray Robertson was equally frustrated stating that he thought the petitioner and the board were on the same page after last meeting, only to see the same problems in this proposed plan as in the last meeting.

“If you didn’t understand it, you should have asked then,” Robertson said.

The big holdup Tuesday was the definition of a mezzanine and confusion of how that area is proposed to be used. The petitioner noted that it would be used for mechanical equipment, storage and perhaps whatever else the future retail tenants may need in the space. Robertson explained that what Dalaly presented at the meeting was merely a second floor, which did not fit the international building code’s definition of a mezzanine.

Alan Hords, one of Dalaly's representatives who has been working on the project, pleaded with the board to give the nod of approval, stating that Dalaly and the Planning Director could work out the debate of the mezzanine administratively. Hords assured the board that Tom Ryan, the architect, could tear down a wall or shape it into a mezzanine, but Robertson and the other members stated they wanted to see the changes first.

Dalaly is due to return with to the ZBA on Feb. 7.

Addition of two signs at Simsbury Plaza

Kelly Freiss who works at Simsbury Plaza was present Tuesday night, trying to obtain a variance to allow the placement of two directional signs in Simsbury Plaza. Her argument was that some customers are unaware of the other businesses within the plaza because those traveling along 14 Mile Road cannot see past .

“It’s challenging for consumers to find these tenants,” Freiss said. “We thought these directional signs would help.

Freiss described the signs as most likely being 10 foot poles with the names of businesses in the complex coming off of the pole, with the statement ‘Shops around the corner’ at the very top. Concerns about whether or not the signs would cause accidents was discussed, as was the possibility of making the signs reflective. Board members noted that safety was even more imperative in that particular plaza because of the neighboring roundabout.

Though many of the ZBA members were fine with the concept, they were not prepared to vote in favor of the sign variance because they did not have the exact sign design or dimension in front of them. The petitioner will return to the ZBA at a later date, once an exact design has been developed.