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HomeMy WebLinkAboutZBA MEETING 2015-02-17 ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF SPECIAL MEETING HELD FEBRUARY 17, 2015 A Special Meeting of the Zoning Board of Appeals of the City of Livonia was held in the Auditorium of the Livonia City Hall on Tuesday, February 17, 2015. MEMBERS PRESENT: Matthew Henzi, Chairman Sam Caramagno, Secretary Robert Sills Robert Bowling Craig Pastor Benjamin Schepis Gregory Coppola MEMBERS ABSENT: None OTHERS PRESENT: Mike Fisher, City Attorney Dennis DeMeyer, City Inspector Patricia C. Burklow, CER-8225 The meeting was called to order at 7:00 p.m. Chairman Henzi then explained the Rules of Procedure to those interested parties. Each petitioner must give their name and address and declare hardship for appeal. Appeals of the Zoning Board's decisions are made to the Wayne County Circuit Court. The Chairman advised the audience that appeals can be filed within 21 days of the date tonight’s minutes are approved. The decision of the Zoning Board shall become final within five (5) calendar days following the hearing and the applicant shall be mailed a copy of the decision. There are four decisions the Board can make: to deny, to grant, to grant as modified by the Board, or to table for further information. Each petitioner may ask to be heard by a full seven (7) member Board. Seven (7) members were present this evening. The Secretary then read the Agenda and Legal Notice to each appeal, and each petitioner indicated their presence. Appeals came up for hearing after due legal notice was given to all interested parties within 300 feet, petitioners and City Departments. There were 8 people present in the audience. (7:05) City of Livonia, Zoning Board of Appeals Page 1 of 13 February 17, 2015 APPEAL CASE 2015-02-06: An Appeal has been made to the Zoning Board of Appeals Noris Favot, 37577 St. Martins, Livonia, MI 48154, by seeking to construct a detached garage while maintaining an attached garage, resulting in excess number of garages and garage area. Number of Garages: Number of Garages: Allowed: 1 Allowed: 720 sq. ft. Proposed: 2 Proposed: 1189 sq. ft. Excess: 1 (484 sq. ft. proposed) Excess: 469 sq. ft. The property is located on the south side of St. Martins (37577), between Newburgh and West End, Lot No. 024-99-0056-000, RUF-C Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 543, Section 2.10 95) “Garage, Private: and 18.24 “Residential Accessory Building.” Henzi: Mr. DeMeyer anything to add to this case? DeMeyer: Not at this time, Mr. Chair. Henzi: Any questions for the Inspection Department? I have one. Dennis, I am looking at the Inspection Department printout. Does this mean that all violations that we talked about at the last meeting with Mr. Favot have been resolved? DeMeyer: Are you looking at the building violations thing? Henzi: Yeah. DeMeyer: At the top? Henzi: That top entry that means it is the most recent? DeMeyer: The top entry of--as of 2-3-2015 that’s correct, that is the most recent. And yes everything was taken care. Henzi: Okay. Thank you. DeMeyer: Mm-hmm. Henzi: Any other questions? Hearing none, will the petitioner please come to the podium? Favot: Good evening, my name is Noris Favot, 37577 St. Martin Street. Henzi: Mr. Favot, you were here once before for an oversized shed. Now, you’ve redesigned your plans so if you could take us through that please? Favot: Yes, I redesigned the plans. The size is exactly the same, 22 by 22. I made drawings of the--of the new proposal of the foundation, the slab, concrete, showing the exterior siding, showing the trim on it. A 36 inch man door on the side and an eight foot door also in the drawing. Showing also electrical. City of Livonia, Zoning Board of Appeals Page 2 of 13 February 17, 2015 Henzi: Can you tell us a little bit more about the building materials? Favot: Well the building material is going to be framed in with two by four construction, OSB, seven-sixteenths wood on the two by fours and the Tyvek wrap. And then a wood siding and a cedar trim. And all the exterior is going to be all stained to match the color of the house and with a dimensional shingle that also matches the existing shingle on the house. Henzi: The location is different from what-- Favot: Yes, I did move the location like we talked about last time to accommodate my neighbor moving it away, moving it more westward about 45 feet now from the lot line. So it is not twenty feet from the lot line where it was at the beginning of the--of the shed. Henzi: Do you propose a hard surface back to the second garage? I’m talking about beyond the apron. Are you going to have a driveway? Favot: No driveway, no--I mean some sort of a roadway back there, no. Henzi: Okay. Favot: No, I plan to keep all my grass and everything the way it is--keep my yard the way it is, yeah. Henzi: So you would just have footings and an apron? Favot: Yep. Henzi: Okay. Favot: Absolutely. Henzi: Any other questions? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: I see on the plans you have an electrical panel in this garage. How big is this panel? Favot: The panel is just for 110, it’s just-- Pastor: How many amp panel is it going to be? Favot: It will probably be--you know--maybe a 50 amp panel, just to accommodate some outlets and a light. Pastor: Okay, thank you. Favot: Mm-hmm. I also have these Zoning Board letters that were dropped off today in my mailbox. And also I did bring--I know this has nothing to do with this today but regarding the vehicles that were on my property, I do have receipts here from Mother Waddles that they did come pick up both cars. So I’m going to put those on the record also. Henzi: Thank you. City of Livonia, Zoning Board of Appeals Page 3 of 13 February 17, 2015 Favot: You’re welcome. Henzi: Any other questions? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: The shed--the existing shed I can see it is still there. Favot: Correct. Caramagno: So since you moved this, that existing shed will be tore down, what are you thinking when? Favot: As soon as the weather breaks here or I can get in there. And I’m going to use some of the panels and use then on top of my new foundation. Caramagno: Some of the panels? I don’t understand what you mean there? Favot: Well, I’m going to disassemble that shed, that’s exactly going to be--22 by 22 is going to be the new one. And whatever I can use from that will be put on my foundation and slab on my new--you know--the new shed--the new building. Caramagno: The old shed if I remember right, you built this-- Favot: Around the existing-- Caramagno: --this illegal structure-- Favot: --that’s all--that’s all going to be demoed, yep. Caramagno: There’s no concrete-- Favot: That will be gone. Caramagno: There’s no concrete floor there? Favot: Correct. Caramagno: There’s nothing, right? There is just dirt, gravel? Favot: It’s a wood floor on the old shed. Caramagno: And that all--what do you do with the old one? Favot: That will be gone. That’s going to be-- Caramagno: That’s tore down then, okay. Favot: Yep, that is going to be completely disassembled. That one is like about--probably fifteen--that one is about twenty feet from the lot line, the existing shed that was built 1990. That is all coming down, that is going to be demoed, yep. Caramagno: Thank you. Favot: You’re welcome. Henzi: Any other questions? City of Livonia, Zoning Board of Appeals Page 4 of 13 February 17, 2015 Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Remind us again why you are building this second garage? What are you putting in it? Favot: I’m just going to be storing all my garden equiment in there. I’m going to be putting my lawn furniture in there. All the stuff that was outside, there’s not going to be anything out there, I’d like to keep everything nice and neat and put inside there. Snow blowers, all my equipment. Pastor: You’re not talking about your building equipment? Favot: No--no--no, I--my building equipment--I have a building in South Lyon that I--all my equipment is over there. Pastor: Okay, thank you. Henzi: Dennis, I have another question for you if you don’t mind. When Mr. Favot first applied it was the same size structure but we called it an oversized accessory building and now we are calling it a second garage. Do you know if that was something he made that change or did your office make that change? DeMeyer: I don’t know, but I would probably assume it was our office if he is going to put a second garage on it, it would fall under a different ordinance. Henzi: Okay, but in terms of inspecting and all that stuff you would treat it the same right? DeMeyer: That’s correct. Henzi: He’s got to the get the same permits, etcetera? DeMeyer: That’s correct. Henzi: Okay. Any other questions? Anything else Mr. Favot? Favot: That’s--that’s it. Henzi: For now, okay. Favot: Yep. Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: I have another question. Outdoor lighting on the garage, any plans for outdoor lighting on the garage? Next to the doors, a big flood light on the garage? Favot: I wasn’t planning on any outdoor lighting on the garage no. I had just the lights showing inside the garage. Caramagno: Okay. I thought you had some lighting you were talking about outside the doors for access at night, but nothing--no big floor lights on this garage? City of Livonia, Zoning Board of Appeals Page 5 of 13 February 17, 2015 Favot: No, if I do put a light--if it is required by code I might just put one right by the man door--the 36 inch door just a light right there by the door, that’s it. Caramagno: Thank you. Henzi: Is there anyone in the audience that wants to speak for or against the project? If so, come on up to the podium. Good evening. Vinciguerra: Good evening, David Vinciguerra, 37571 St. Martin Street, to the east of Mr. Favot. I would voice an opposition with some questions that maybe you can answer to help me understand. But I guess my initial reaction to it is that instead of now in violation of two codes or ordinances whatever they are called, there are now two listed on the document. And I guess that concerns me. I don’t know if that should, if that is kind of an usual type of thing when someone does this kind of thing. But it seems like before we were talking about something that violated one issue and now we are talking about something that violates two. And again, I don’t know if that is a founded concern. You would know better than me about that. So that is the question I would have about that. I think I have some understanding as to why it’s now a garage and not an accessory building. I don’t know if there is any more information that you can share concerning that. I do have a concern that some of the cleanup has been moved to a different part of the lot and is not gone from the premise. There’s a flatbed trailer which is stacked with stuff on the side lot of the house in between our houses. You can’t see it directly from my house because there is a cedar run of trees there. But it is still there and it was stuff that was I think was in back of the existing thing that was started. So my concern is whether there will some way to make sure that is no longer there--you know--if this should go through because my concern is there’s been some other things we’ve asked to be done as neighbors and those have not been followed through on. Or violated again. So I have concern about that. Henzi: Okay. Vinciguerra: The finish on the structure, you have the plan and I haven’t seen them so I don’t know--siding--are we talking wood siding, metal siding because there’s not much siding on the house. It is basically a brick house and I know the concern voiced here was the existing shed from back in the 90’s was just wood no siding but a wood structure with just stain on it. So I’m wondering if this would be any different than that. Fisher: See the wood siding? Vinciguerra: Okay. Fisher: And he indicated cedar trim but I don’t see that written anywhere on here. Vinciguerra: Okay. So those would be my initial questions. And the one remaining question would be--and I’ve heard that twice here and I don’t know the legalese for it or the exact definition but each time it’s been mentioned that these are granted for a hardship. And at least I’m not hearing a whole lot of something that determines--in my definition as a hardship is something that would need to be done in order to take care of a situation. It’s more of a choice or a personal desire as opposed to a hardship. So again, I might not be familiar with the language and what that means. City of Livonia, Zoning Board of Appeals Page 6 of 13 February 17, 2015 Henzi: Anything else? Vinciguerra: No. Henzi: I think I can answer your first concern. Is this typical, yes. Vinciguerra: Okay. Henzi: To your second question about the ordinance. Dennis, accessory buildings is a different section within the ordinance so if it is classified as a second garage then there are other things that the building department has to look at in granting permits, is that fair to say? DeMeyer: That is fair to say. And it is basically based on square footage. Henzi: Okay. Vinciguerra: Okay. Henzi: And then the last one as to the hardship. I think you answered your own question that is really the same definition we have. Vinciguerra: Okay. Henzi: Anything else? Vinciguerra: No. Henzi: Thank you. Vinciguerra: Thank you. Henzi: Is there anyone else who wants to speak for or against? Santo: Good evening. Henzi: Good evening. Santo: My name is Lou Santo, 37600 St. Martins. I live across the street from Noris. I’ve been in the neighborhood fifteen--almost twenty years now. I’m in favor of whatever he wants to do. He’s a good neighbor. We are rural urban farm. That is partly what attracted me to that corner of Livonia. I know there are at least a half dozen--I don’t know what you want to qualify them--quantify them as but there are barns, sheds, and extra garages on at least six properties in our corner of the world there. So a garage or a utility building or whatever you want to label it, it’s no big deal. Its part of the character of our ditches and no street lights and part of the ambience of the area. And most of us like that and so this isn’t a big deal to me and I’m in support of my neighbor. Henzi: Thank you. Santo: If you have any questions for me? Henzi: Any questions? Pastor: No. Henzi: No, thank you. City of Livonia, Zoning Board of Appeals Page 7 of 13 February 17, 2015 Santo: All right, thank you. Henzi: Anybody else? I see no one else coming forward, can you read the letters? Caramagno: We have a letters of approval from Dennis Neidy, 37565 St. Martins (letter read) and Patrick Ambroziak, 37502 St. Martins (letter read). Henzi: Mr. Favot, is there anything you would like to say in closing? Favot: Well, the only thing I would like to say is that I apologize for doing this project without a permit. I want to clarify everything right now and start fresh and that’s what I want to do, make it right. And that’s the last thing I want to say. Henzi: Thank you. Favot: You’re welcome. Caramagno: Mr. Chair, I’ve got a question. Henzi: Mr. Caramagno. Caramagno: How did you come to the size of 22 by 22? How did you come to that size? Favot: No particular reason. I just kind of laid out some of the stuff I have and kind of worked with that size and things could kind of fit in there the way I like them. That’s about the only reason. I don’t have a particular reason why I came up with that size. Caramagno: The other question I had for you was the approach on the front of the building, the apron on the front to go in. How large of an apron are you talking about putting on that building? Favot: Probably about six feet. Caramagno: Six feet out? Favot: Yeah, just six feet out just so you can drive the lawn mower and the--all the equipment right up there nice and easy so you don’t have that step on the edge of the driveway--of the garage. And also, I want to bring up about the trailer. That trailer will be removed, it’s just on the side of my house right now because there is about a foot and a half of snow in front of it and I just can’t get to it. But everything is in the trailer and it’s ready to move out. Caramagno: Is your--is your access to the backyard on the--I believe it is on the east side? Favot: Correct. Caramagno: And your garage is on the east side of your home as well? Favot: Yep, exactly, east side. Caramagno: Did you ever consider adding onto your garage attached to your home? Was that ever a consideration of yours? City of Livonia, Zoning Board of Appeals Page 8 of 13 February 17, 2015 Favot: No--no I don’t think I have enough room to add to the side of the garage. I would probably be right on the lot line if I did that. I only have maybe fifteen--twenty feet right there on the side of my existing garage. Caramagno: And that’s your access to your backyard now right? Favot: That’s the way I go back and forth yep. Caramagno: Thank you. Favot: Okay. Henzi: Anything else? Caramagno: No, that would be it. Henzi: Okay, thank you. I’ll close the public portion of the case and begin the Board’s comments with Mr. Sills. Sills: Well I--I certainly commend the petitioner for all the violations that he has taken care of. I don’t understand how a building could--a building of this nature could add to the value of the property. The property is very nice without an additional building and the building that is being proposed is oversized to begin with. Now should we change the ordinance now or should we accept this just the way it is because there are other buildings in the subdivision that are large. And we don’t know how long those buildings have been in existence. Maybe they fall under the Homeowner’s Act or something like that. This is a new ordinance and if we come up with an ordinance next week to say that we will go on green light and stop on a--stop on a green light and go on a red light and you do just the opposite you’re going to get a ticket. So I don’t think I can support this. I think the building is too large for what the petitioner is asking for and I don’t know why he can’t put all his equipment into a standard size garage. So I don’t think I will be in support. Henzi: Mr. Coppola. Coppola: I have no comments at this time. Henzi: Mr. Caramagno. Caramagno: I--the work you’ve done since your last appearance here is welcome, I will tell you that. The issue I had last time was the nature in which you were trying to build this building and it didn’t seem well planned out. It didn’t seem--it certainly wasn’t within our guidelines here at the City. The--it was close to the other property, adding on to really what was a junk shed--was what it was. I like this plan. This looks a lot better to me. You’ve got close to three quarter of an acre lot, you’ve moved the location to help what your neighbor had as a complaint. I think that is a noble thing to do as well. I would like to see the other shed knocked down of course. And there are other buildings on the street, very much the same of what you are asking for. So I will be in support. Henzi: Mr. Pastor. Pastor: I agree, I can be in support of this. It’s not unusual for a lot this size to have a second garage. He has moved it over to almost to the center of the lot for his neighbor so his neighbor didn’t--wasn’t able to see it as clearly. Although I am going to recommend City of Livonia, Zoning Board of Appeals Page 9 of 13 February 17, 2015 and I think the petitioner agreed last time--I’m looking for it--that we double his permit fees due to the fact that he never pulled a permit in the first place. So I will be in support. Henzi: Mr. Schepis. Schepis: I agree it’s--a lot of these have been touched on already but we’ve made a number of changes since last time that it was before us. I think this makes it a lot more acceptable. The violations have been cleaned up, you’ve moved your shed to accommodate your neighbor. And the updated drawings are--I think are going to have a much better looking end result. And the other thing I noticed is that the balance of your neighbor’s views on this have shifted from the last meeting and that’s important. And finally I think this kind of keeping with the nature of your neighborhood. So I would support this. Henzi: Mr. Bowling. Bowling: I’d agree. I think it’s a fine number of changes that you’ve made. What you have done looks great, it is in keeping with the neighborhood. And it will be I think similar in size and probably smaller than some of the sheds that I saw or some of the garages I saw. What you’ve done, if you’ve built as is I think it’s a great improvement to the neighborhood and it will be a benefit to the neighbors that all those things are not stored outside and making a mess. So, I’m in support. Henzi: I too will support the request. In my opinion this is very typical of the types of requests that we see for a second garage on streets like this that are rural urban farm. I think that one of the reasons why these are frequently--I shouldn’t say frequently but often granted is that it’s easy to demonstrate a hardship. And that hardship is you’ve got a huge lot with lots to take care of and the need for storage. I think this is a much nicer structure than what was originally constructed. I think you’ve considered all of the Board’s comments and I appreciate that. And for me this is kind of a no brainer because we’ve granted very similar requests on streets like this. There is a shed or a barn I should say at the end of that street that is probably--I don’t know 30 by 40. And so--and is in plain sight and no way blocked like this one will be. So for me I’m all in favor and I’d like to see several conditions most of which were talked about including removing the trailer, no outside storage, only minimal outdoor lighting as required by the Building Department. And to use best efforts to clean up the property in accordance with what the neighbor said. And with a six foot apron. So the floor is open for a motion. Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Upon Motion by Caramagno supported by Pastor, it was: RESOLVED, APPEAL CASE 2015-02-06: An Appeal has been made to the Zoning Noris Favot, 37577 St. Martins, Livonia, MI 48154, Board of Appeals by seeking to City of Livonia, Zoning Board of Appeals Page 10 of 13 February 17, 2015 construct a detached garage while maintaining an attached garage, resulting in excess number of garages and garage area. Number of Garages: Number of Garages: Allowed: 1 Allowed: 720 sq. ft. Proposed: 2 Proposed: 1189 sq. ft. Excess: 1 (484 sq. ft. proposed) Excess: 469 sq. ft. The property is located on the south side of St. Martins (37577), between Newburgh and West End, Lot No. 024-99-0056-000, RUF-C Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 543, Section 2.10 95) “Garage, be granted for the following Private: and 18.24 “Residential Accessory Building,” reasons and finding of fact: 1. The uniqueness requirement is met because the petitioner requires additional storage space for the lawn and snow equipment necessary to maintain the large lot. 2 Denial of the variance would have severe consequences for the Petitioner because his current garage is too small to store the lawn and snow equipment necessary to maintain his property. 3 The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because the neighbors have similar garages and the new garage will replace the old shed currently on the property. 4 The Board received two letters of approval and no objection letters from neighboring property owners. 5 The property is classified as “low density residential” in the Master Plan and the proposed variance is not inconsistent with that classification. FURTHER, This variance is granted with the following conditions: 1. That the project be constructed as proposed both verbally and in writing. 2. That the petitioner remove the shed that is currently on the property. City of Livonia, Zoning Board of Appeals Page 11 of 13 February 17, 2015 3. That the petitioner pay double permit fees to the City of Livonia for failure to pull proper construction permits. 4. That the petitioner remove the trailer from the property. 5. That there is to be no outside storage on the property. 6. That the petitioner install a six (6) foot cement apron. 7. That the electrical service be limited to a 110 volt standard electrical panel. 8. That any outside lighting be limited to what is required by code. ROLL CALL VOTE: AYES: Caramagno, Pastor, Bowling, Schepis, Coppola, Henzi NAYS: Sills ABSENT: None Henzi: The variance is granted. Let me read those conditions one more time. You’ve got to build it as presented. You’ve got to remove the old shed. You’ve got to pay the double permit fee which is something that we brought up the last time you were here. And if you’ve already paid it than it is taken care of. You’ve got to remove the trailer as you indicated tonight. Minimal outdoor storage. One hundred ten or standard watt electrical. A six foot concrete approach on the door and outdoor light to code. Thank you very much. Favot: You’re welcome. Thank you. Henzi: Thank you. City of Livonia, Zoning Board of Appeals Page 12 of 13 February 17, 2015 Henzi: There’s no minutes. Pastor: I make a motion to adjourn. Henzi: Is there support? Bowling: Support. Henzi: All in favor say aye. Board Members: Aye. Henzi: We’re adjourned. There being no further business to come before the Board, the meeting was adjourned at 7:30 p.m. _______________________________ Matthew Henzi, Chairman ______________________________ Sam Caramagno, Secretary /pcb City of Livonia, Zoning Board of Appeals Page 13 of 13 February 17, 2015