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HomeMy WebLinkAboutZBA MEETING 2015-05-12 ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF REGULAR MEETING HELD MAY 12, 2015 A Regular Meeting of the Zoning Board of Appeals of the City of Livonia was held in the Auditorium of the Livonia City Hall on Tuesday, May 12, 2015. MEMBERS PRESENT: Matt Henzi, Chairman Sam Caramagno, Secretary Craig Pastor Robert Sills Gregory Coppola Ben Schepis MEMBERS ABSENT: Robert Bowling OTHERS PRESENT: Eric Goldstein, City Attorney Steve Banko, City Inspector Craig Hanosh, City Inspector Bonnie J. Murphy, CER-2300 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. Six (6) 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 14 people present in the audience. City of Livonia, Zoning Board of Appeals Page 1 of 44 May 12, 2015 APPEAL CASE NO. 2015-05-17: An appeal has been made to the Zoning Board of Appeals by Thomas Trudgeon, 14478 Merriman, Livonia, MI 48154, seeking to install a six foot tall vinyl privacy fence upon a corner lot, resulting in excess fence height, also, fence extends into the side yard, which is not allowed. Fence Height: Allowed: 5 ft. Proposed: 6 ft. Excess: 1 ft. The property is located on the east side of Merriman (14478), between Lyndon and Perth, Lot. No. 091-06-0177-000, R-1B Zoning District. Rejected by the Inspection Department under City of Livonia Fence Ordinance, Section 15.44.090,B, and Section 15.544.090,A,4(bii), “Residential District Regulations.” Henzi: Mr. Banko, anything to add to that case? Banko: I have nothing to add at this time, sir. Henzi: Any questions for Mr. Banko? Hearing none, will the Petitioner please come to the table. Good evening. Trudgeon: Good evening. My name is Tom Trudgeon, address is 14478 Merriman Road. Henzi: Mr. Trudgeon, go ahead and tell us why you want to construct a privacy fence. Trudgeon: I’d like to install a privacy fence. A year ago I installed a below ground pool and just last year my neighbor instructed me I had some children in my backyard about to take a swim in my pool without me being there or just children I do not know. Currently I have a 4-foot fence, they basically hop my fence and I don’t want them in my pool when I’m gone, so I’d like to install a 6-foot privacy fence. Obviously kids will still get in my backyard but I’d like to try and deter from anybody trying to trespass in my backyard. And Lyndon Road is a very busy street so it would be nice when you swim in the backyard to have a little more privacy. But the main reason is to try and prevent people from jumping over my fence. Henzi: Can you describe the type of fence you want to install. Trudgeon: A white PVC fence from Menard’s. I think the make was – this here, a very common white privacy fence in PVC. Henzi: And then tell us about why you want to erect it in the path that you’ve got it, we’ve got a diagram that shows how you want to construct it. Trudgeon: On the back of the fence is already 6-foot, so I figure that’s more than adequate to keep someone from climbing over but on the pink section is a standard chain City of Livonia, Zoning Board of Appeals Page 2 of 44 May 12, 2015 link 4-foot fence, so I would like to add it to the east side of the chain link fence there to bring it to 6-foot. And I am also seeking another variance, I was told that I have to have another variance for the privacy fence would have to stop right where my house starts and I would just like to put a privacy fence in where my current fence is installed. There’s a second variance that I have on there for the 20-foot there on the side of the house. Henzi: So it’s going to start closer to the middle of the house, is that what you mean? Trudgeon: Right. I was told normally a full privacy fence would have to start where your house starts from. Henzi: On the diagram I’m looking at it looks like you are starting from the rear. Trudgeon: It’s going to start from the rear of that fence going up the west side of Lyndon Street there is the first portion of the house, which looks like it was an add-on sometime later. That’s why I have to get a variance for that because normally this part of the fence will start right where your house starts. Henzi: So it looks like you want to bring it closer to Merriman than the rear of the house then? Trudgeon: I would like to put my privacy fence there because that’s where my current fence starts and I didn’t want to cut off any of my backyard. I’m so used to having that little space back there. Henzi: Thank you. Any questions for the Petitioner? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Currently how far is your fence from the sidewalk? Trudgeon: About one foot. Pastor: And that’s where you propose putting it now, the new fence? Trudgeon: Yes, I would take it down, this chain link fence, and put the privacy fence in its spot. Pastor: So you’d still be one foot from the sidewalk? Trudgeon: Correct. Henzi: Any other questions? Sills: Mr. Chair. Henzi: Mr. Sills. Sills: How far will the fence go on the back end of your property? Trudgeon: From I think about 70-foot from – Sills: It goes the full 70 foot? Trudgeon: Yes, from start to finish. City of Livonia, Zoning Board of Appeals Page 3 of 44 May 12, 2015 Sills: Is that 6-foot high? Trudgeon: I’d like to have it 6-foot high. Sills: And the fence is going to go west all the way to the existing house then that was built, but then there was an add-on put on and your fence shouldn’t go any further than the add-on? Trudgeon: Right and that’s what I’m getting to, trying to get for that second variance. Sills: All right. You are going to remove that entire chain link fence? Trudgeon: Yes, required by ordinance if I’m allowed to install a privacy fence. Sills: Right. And then you’ll put your vinyl fence to replace the chain link? Trudgeon: Right. It wouldn’t look exactly pretty if I left that chain link fence in that spot. Sills: Is that trailer that I’ve seen in there, is that always in the yard? Trudgeon: By the side of the pool, yeah. It’s just a small little utility trailer. Sills: And are you going to have gates in the fence like the chain link fence in the back? Trudgeon: Yes. The gate will be placed on the west side of the fence there close by the house. Sills: I’m a little confused on the second variance we’re speaking of. Coppola: It falls partially into the side yard, this corner right here. Sills: So you need another variance for that? Okay, I see it, thank you. Henzi: Any other questions? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: Sir, on the east side of your fence, the rear south portion, eastern most part of the property, are you going all the way back to the trees, you’re not going all the way across that? Trudgeon: No. Caramagno: How far, are you going to go - to the bush and the trees, whatever that is? Trudgeon: I’m just going 8-foot because on the back there where it comes around the corner it goes down 8 foot and then goes back up to twenty. The little portion of 8-foot fence I’m going to put here, it’s only an 8-foot section. If I put a 6-foot fence there, it wouldn’t make sense to continue around the corner for that 8-foot. Caramagno: When you’re talking you want privacy and you want people to stay out, you’ve got natural privacy with that growth there, as a matter of fact if you took that fence down to those trees. Trudgeon: Well, there is landscaping that does well in summer so it’s not an issue. City of Livonia, Zoning Board of Appeals Page 4 of 44 May 12, 2015 Caramagno: So you’re saying one panel? Trudgeon: Right, one panel. Caramagno: All right. Henzi: Anything else? Hearing none, is there anyone in the audience that wants to speak for or against the project? If so, come on up to the table. Seeing no one coming forward, are there letters on this case? Caramagno: No letters. Henzi: Mr. Trudgeon, anything you want to say in closing? Trudgeon: There should be one letter in there from my neighbor who is for the privacy fence. Henzi: Was it handed in with your packet? Trudgeon: No, it was mailed to my neighbor because he was wondering about it, wondering what I was doing, and he was actually for it. Henzi: Do you have one? Caramagno: Nothing. Henzi: Do you want to expand on that at all, as your closing? Trudgeon: No. I mean if it’s not in there, it’s not in there. I know he did but there’s nothing I can do. Henzi: Do you want to say his address? Trudgeon: I don’t know his address. Henzi: All right. Thank you. I’ll close the public portion of the case and begin the Board’s comments with Mr. Sills. Sills: I think that this what he’s asking for is something reasonable here, the foot traffic pattern is a pretty heavy one along that area and I can understand his concern about children jumping over a 4-foot fence, so I think I could approve this petition just the way it is. I don’t think he’s asking for anything ridiculous here. Henzi: Mr. Coppola? Coppola: I don’t think that this is an outlandish request, it seems to me it’s probably more for their privacy along Lyndon than it is keeping kids out, a chain link fence is pretty easy to climb and you have retained that chain link fence along the back and I’m not even sure what size the fence is on the other side neighbor but I don’t think this is an unreasonable request. There are lots of corner homes similarly situated that have 6-foot privacy fences, the majority are wood, this will look a little bit better so I’d be in support of this. Henzi: Mr. Caramagno. City of Livonia, Zoning Board of Appeals Page 5 of 44 May 12, 2015 Caramagno: I feel the Petitioner made a good case, corner lot, and not a typical corner lot either, it’s a corner lot that’s very busy. The vinyl fence is nice and this certainly is not going to hurt the area. Henzi: Mr. Pastor. Pastor: Yes. The Petitioner lives on Merriman and Lyndon, both very busy roads, backs up to a park of sorts, I can support this. Henzi: Mr. Schepis. Schepis: I agree. I mean, this is a busy intersection and I can see a need for both privacy and wanting to keep kids out, especially with a pool so I would support it. Henzi: I too, will support it. I agree with all the statements made, I’ll just add I was pleased to see Sergeant Boitos agree with that plan at the side and layout of the side. The floor is open for a motion. Sills: Mr. Chair. Henzi: Mr. Sills. On a motion by Sills, supported by Caramagno, it was: RESOLVED, APPEAL CASE NO. 2015-05-17: Thomas Trudgeon, 14478 Merriman, Livonia, MI 48154, seeking to install a six foot tall vinyl privacy fence upon a corner lot, resulting in excess fence height, also, fence extends into the side yard, which is not allowed. Fence Height: Allowed: 5 ft. Proposed: 6 ft. Excess: 1 ft. The property is located on the east side of Merriman (14478), between Lyndon and Perth, Lot. No. 091-06-0177-000, R-1B Zoning District. Rejected by the Inspection Department under City of Livonia Fence Ordinance, Section 15.44.090,B, and Section be granted for the following 15.544.090,A,4(bii), “Residential District Regulations,” reasons and finding of fact: 1. The uniqueness requirement is met because it is on a busy corner lot and the 4- foot chain link fence that is currently there provides no privacy or protection. 2. Denial of the variance would have severe consequences for the Petitioner because it renders his property vulnerable to kids climbing over the fence and using the pool and poses a safety hazard. City of Livonia, Zoning Board of Appeals Page 6 of 44 May 12, 2015 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because what the Petitioner is asking for is reasonable in terms of privacy and protection. 4. The Board received no letters of approval or objection from neighboring property owners. 5. The granting of this variance will not adversely affect the purpose or objective of the Master Plan because this property is classified “Low Density Residential” under 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 fence must be built as presented to the Board. 2. That the chain link fence must be removed. 3. That the fence must be one (1) foot from the sidewalk. 4. That there is to be one (1) gate on the west side. 5. That the new fence must align with the chain link fence on the side. ROLL CALL VOTE: AYES:Sills, Caramagno, Pastor, Schepis, Coppola, Henzi : NAYS None. ABSENT: Bowling Henzi: The variance is granted, I’ll read the conditions one more time. You’ve got to remove the chain link fence, you’ve got to build the fence as presented, you’ve got to do it within three months, the fence must be one foot from the property line, there will be one gate on the west side and the new fence must align with the chain link fence as it exists on the side yard. Got it? Trudgeon: Yes. Henzi: Good luck to you. Trudgeon: Thank you. City of Livonia, Zoning Board of Appeals Page 7 of 44 May 12, 2015 APPEAL CASE NO. 2015-05-18: An appeal has been made to the Zoning Board of Appeals by Sharon Engel, 31789 Norfolk, Livonia, MI 48152, seeking to construct an addition to an attached garage, resulting in deficient west side yard and combined side yard setbacks. West Side Setback: Combined Side Yard Setbacks: Required: 8.0 ft. Required: 18 ft. Proposed: 4.5 ft. Proposed: 15 ft. Deficient: 3.5 ft. Deficient: 3 ft. The property is located on the south side of Norfolk (31789), between Parker and Osmus, Lot. No. 009-99-0058-001, R-3A Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 4.06, “Minimum Side Yard Requirements in R-1 through R-5 Districts.” Henzi: Mr. Banko, do you have anything to add to this case? Banko: I have nothing to add at this time, sir. Henzi: Any questions for the Inspection Department? Hearing none, will the Petitioner please come to the table. Good evening. S. Molinaro: Ms. Sharon Engel is now Mrs. Sharon Molinaro, I just got married on the nd 22. Henzi: Congratulations. S. Molinaro: 31789 Norfolk. Henzi: Please spell your last name. S. Molinaro: M-o-l-i-n-a-r-o. E-n-g-e-l was my previous name. Henzi: Mrs. Molinaro, go ahead and tell us about the proposed addition. S. Molinaro: Well, due to the fact that Giovanni and I just recently got married and we are middle aged and we’ve acquired many things between the two of us and the two car garage was built for the cars but not necessarily for the things that we have between the two of us, snowblowers, lawnmowers, everything you can imagine, and now more tools and things of that nature because he’s a guy and he’s got plenty of that kind of stuff. And we were considering a shed, you know, kind of doing a shed in the backyard. Personally, no offense to anybody, but I don’t care for the appearance of a shed and he and I went back and forth about it and he brought up the idea of possibly extending the two-car garage to a three-car. And I think you’ve got drawings and things there that give you an City of Livonia, Zoning Board of Appeals Page 8 of 44 May 12, 2015 idea of what it would look like, the elevation we’re speaking of is the same type that we’ve got going on right now so the front of it will be brick and have the vinyl siding and have a garage door on the front of it. It would be attractive, I wouldn’t have it any other way. And I guess that’s all I have to say about that. Henzi: All building materials to match the existing? S. Molinaro: Yes, absolutely. Brick, white vinyl, side door, we wouldn’t do anything to take away from the looks of the house. Since we’ve moved in we’ve done nothing but enhance that house. Henzi: Do you know whether there are any three-car garages on Norfolk or anywhere else? S. Molinaro: You know, Giovanni and I were kind of checking that out as we’re driving through, we’re new to Livonia, and in that immediate area I did see one that is like maybe three blocks from where we’re at now off of Norfolk. It’s not a real common thing but I have seen them. Henzi: Okay, thank you. Any questions for the Petitioner? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: You said the side door, your plans do not call for a side door. S. Molinaro: Oh, sorry, in the back. We’ve been back and forth with so many things, I apologize. Pastor: That’s okay. So what are you storing, you said snowblowers and lawnmowers, but this is a fairly large structure for just snowblowers and lawnmowers. S. Molinaro: No, it’s going to be --- that’s about how much space you need for that kind of stuff, you know. It certainly doesn’t fit with our two cars. Pastor: What is the inside width of this garage, I see it’s 7 by 7 on the outside but I don’t see any inside width, oh, I’m sorry, I do, 10 foot, I apologize. What kind of power do you plan on putting in this garage? S. Molinaro: I’m sorry, what was that? Pastor: What kind of power do you plan on putting in this garage? City of Livonia, Zoning Board of Appeals Page 9 of 44 May 12, 2015 S. Molinaro: What kind of power are we going to have in our garage? Electric, we’re going to have an electrical garage door and the lighting. Henzi: Do you want to just invite him to the table? It might be easier. S. Molinaro: Giovanni, come on up. He has a very heavy accent so he kind of wanted me to do the speaking for us. Henzi: Can you say your name and address for us? G. Molinaro: Giovanni Molinaro, 31789 Norfolk. Pastor: The reason behind my question, do you plan on putting any heavy power in here to operate machinery of any kind? G. Molinaro: No. S. Molinaro: Our trailer will be back on that. G. Molinaro: Just a couple lines, that’s all, 120. Pastor: So, no equipment? G. Molinaro: No, no, I don’t use equipment, 110, that’s it. Pastor: Okay. That’s all I have for now. Henzi: Are there any other questions? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: Where is your plan for a driveway approach to this garage? I see you have cars obviously in the garage now, are you going to expand the driveway? G. Molinaro: Yes. Caramagno: All the way or just the approach? G. Molinaro: No, I’d like it all the way. Caramagno: All the way? Very good, thank you. Henzi: Any other questions? City of Livonia, Zoning Board of Appeals Page 10 of 44 May 12, 2015 Sills: Is there a reason for two 7 by 7 overhead doors? There’s a door in the front and a door in the back. G. Molinaro: No, just the one in the front. S. Molinaro: But I think the drawings show the one in the back, we talked about that. Sills: The drawings show a 7 by 7 overhead door in the front and a door in the back. G. Molinaro: No, the door in the back we’re not going to do. S. Molinaro: The drawings show one in the back. Sills: The drawings show two 7 by 7 overhead doors. S. Molinaro: Front and back. G. Molinaro: We’ll change that. Sills: You’re not going to have one in the back? G. Molinaro: No. Henzi: Anything else? Banko: Can I make one comment, Mr. Chair? Henzi: Sure, Mr. Banko. Banko: What about getting your lawn equipment out and stuff to take care of your rear yard? You won’t really have the accessibility on the one side anymore. S. Molinaro: There’s a ton of space on the other side. Henzi: Does the house have a basement? S. Molinaro: Yes, the house has a basement. Henzi: Okay. Any other questions? Hearing none, is there anyone in the audience who wants to speak for or against the project? If so, come on up to the table. T. Funchar: My mom actually owns the house next door, I’m her son; last name is Funchar, 31817. City of Livonia, Zoning Board of Appeals Page 11 of 44 May 12, 2015 Henzi: What’s your first name? T. Funchar: My first name is Tim. Henzi: It’s just for our minutes, that’s all. Go ahead. T. Funchar: My mom is totally against the project because it’s going to bring it closer to her bedroom window and there’s not a lot of space between the new addition that will be built and her bedroom window, not a lot of space. It’s also rejected by the Inspection Department under Zoning Ordinance 543, Section 4.06, minimum side requirements under Classification R-3 it’s 8 foot, combined both is 18 foot, but it’s just against the ordinance, so I don’t understand why it’s an issue, you know, not to mention there’s going to be noise closer to her window. R. Funchar: Can I speak? H. Molinaro: Here, you can come up right here if you’d like. R. Funchar: I’ve been living on Norfolk for 35 years. And then when I had my willow trees, eight trees, they were all against my trees, they wanted to cut my trees out. Now it’s something else come up here. And what they want to do is closer to my house, you know, and they’re going to be parking cars and they’re going to be parking in the driveway all the time, and they’re going to extend their garage, make it a three-car garage, that’s going to be very close to my house. And I am 91 years old and I don’t want it to be close to my house. T. Funchar: I thought that’s why we had ordinances, to control, I mean if I wanted to I could make my garage 10-foot longer on that side, I mean where does it stop? Henzi: Can you say your name please, ma’am? R. Funchar: My name is Rita Funchar. I’m the owner of the home. Henzi: Okay, anything else? Thank you, very much. Is there anybody else who wants to speak for or against the project? S. Molinaro: May I say something? Am I all done? Henzi: No, I’ll come back. No one else coming forward, can you read the letters? Caramagno: We have an approval from Norma Kriegler, 20123 Osmus Street, and we have an objection letter from John Skowroner at 31810 Norfolk (letter read). City of Livonia, Zoning Board of Appeals Page 12 of 44 May 12, 2015 Henzi: Okay. Mrs. Molinaro, what would you like to say? S. Molinaro: No, I was just going to make the comment that I know that you mentioned the cars in the driveway and that sort of thing, that would alleviate cars from being in the driveway because we would have that additional space for storage. So that’s all I wanted to mention. Henzi: Okay. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: How many cars do you have? S. Molinaro: We have two vehicles and a trailer and some equipment we would like to store in the additional space. Pastor: So if you get this garage, you will put the trailer in the addition and your two cars in the garage which you’re saying you cannot fit in the garage, can you put either one of your cars in the garage now? S. Molinaro: No. We’ve got the trailer --- well, you know, we just moved in so once we condense some things we are going to be able to get both cars in the garage and use that third area for storage. And the plan is to actually a lot of it will go inside the trailer in that space. Pastor: What kind of trailer is this? S. Molinaro: It’s a – what’s the square footage on that trailer. G. Molinaro: 14 by 7. S. Molinaro: 14 by 7. Pastor: You only have a 7-foot door on the garage, how are you going to get a 7- foot trailer in a 7-foot door? G. Molinaro: It’s an 8-foot door, right? Pastor: No, you’ve got 7-foot on here. That’s what you have drawn, this is the drawing you guys supplied to us. On your plan it calls for two 7 by 7 doors. S. Molinaro: And we’re not going to have two, that’s definitely been determined but it was discussed so I’m sure that’s why the architect designed it that way. The garage doors City of Livonia, Zoning Board of Appeals Page 13 of 44 May 12, 2015 are available in I think 6-foot, 7-foot, 8-foot. We were going back and forth between it being a 10 or 12-foot garage space, it ended up with a 10-foot. So the garage door itself is going to have to be an 8-foot if we’re going to do this. Pastor: It’s going to be very tight to get an 8-foot door in there. Thank you. Henzi: Anything else, Mrs. Molinaro? S. Molinaro: No. Pastor: Excuse me, one more. Henzi: Mr. Pastor. Pastor: That’s going to be 8 by 7, right? G. Molinaro: Yes. Pastor: Okay. Henzi: All right. I’ll close the public portion of the case and begin the Board’s comments with Mr. Coppola. Coppola: I’m struggling with this one. This home was already built with a variance with setback issues and this really, really encroaches on the property line. If the neighbor to the west had approved it rather than objected to it, I probably would have thought about it but from what I’m looking at, what I’ve seen, what I’ve heard, this is not something I can support. Henzi: Mr. Caramagno. Caramagno: The three and a half foot deficiency is pretty small. I realize that the neighbors don’t want anything – that the west side neighbors don’t want anything closer to their home, yet three and a half feet is pretty small from me sitting here. When I think about the options the Molinaros have, they could potentially put a concrete slab next to that garage and leave that trailer outside next to your home. S. Molinaro: Wouldn’t that be lovely. Caramagno: And I wouldn’t, myself, I’d rather see something kept indoors than on a concrete slab right next to your bedroom window, but I believe that option, there’s a potential for that. I don’t see where there’s a lot of room to shrink this garage and reduce that three and a half feet, of course that option is still available to you. I personally think this is an improvement to the neighborhood, if you’re going to put your things in a garage, so at this point I’m going to be in support. City of Livonia, Zoning Board of Appeals Page 14 of 44 May 12, 2015 Henzi: Mr. Pastor. Pastor: Well, I happen to live in this neighborhood, I live right around the corner from this house. I know for a fact there’s at least another two houses down the street going west that have three car garages. One was built similar to this that they used to keep a truck in, much higher. Then there’s a house on the north side that has a three-car garage. I don’t think this is a big variance so I really think I could support this. I think the noise level would actually be cut down instead of increased only because now they’re putting things in the garage where instead of being on the side of the garage or outside where they’re playing with them, working on them, whatever, so I think I can support this. Schepis: I agree with Mr. Coppola, this is a little bit of a struggle. On the one hand I see the benefit and concerns of your neighbor, you know, of it kind of encroaching on her bedroom. At the same time it is a rather small deficiency and I also noticed a couple of three-car garages when passing through the neighborhood. I can understand the need that you have for the extra space but I would be inclined to support it. Henzi: Mr. Sills. Sills: I think the side yard is a little too close, I think the home is, I think with the addition that is being proposed, will detract from the appearance of the house. I think the house is beautiful the way it is and it’s been standing for many, many years and I think it’s unfair to the neighbor to suddenly have a structure right next to her that she hasn’t had for a number of years and I don’t think I can support this. Henzi: I agree, I can’t support it either. In 1998 before any of us were on the Board, the Zoning Board of Appeals approved the home that exists and it was non-unanimous and there was a lot of struggle over the setbacks but they approved this house, not a three-car garage, they approved this house. And I think that they had good reasons for doing what they did. This was originally a lot split, two homes were built on 75-foot lots when there was originally a 150-foot lot. I agree that there are three-car garages, I think that this changes the neighborhood, but chiefly it’s because I can’t upset what’s already been decided. In my opinion they approved this house, not the one that’s being presented tonight. One of the conditions was in 1998 that the home be built as to the front and side yard setbacks and lot coverage as presented to the Board. I think that if you had presented a three-car garage based on the way I read the minutes, it never would have been approved and so I can’t approve it tonight. The floor is open for a motion. On a motion by Pastor, seconded by Coppola, it was: RESOLVED, APPEAL CASE NO. 2015-05-18: Sharon Engel, 31789 Norfolk, Livonia, MI 48152, seeking to construct an addition to an attached garage, resulting in deficient west side yard and combined side yard setbacks. City of Livonia, Zoning Board of Appeals Page 15 of 44 May 12, 2015 West Side Setback: Combined Side Yard Setbacks: Required: 8.0 ft. Required: 18 ft. Proposed: 4.5 ft. Proposed: 15 ft. Deficient: 3.5 ft. Deficient: 3 ft. The property is located on the south side of Norfolk (31789), between Parker and Osmus, Lot. No. 009-99-0058-001, R-3A Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 4.06, “Minimum Side Yard Requirements in R-1 be tabled so the Petitioner has the opportunity to consider the through R-5 Districts,” Board’s comments, meet with the neighbors and provide a revised plan to the Board within 45 days. ROLL CALL VOTE: S: AYEPastor, Coppola, Caramagno, Schepis, Henzi, Sills NAYS: None ABSENT: Bowling Henzi: We voted to table this because it’s three to three, that was a favor to you so that you don’t have to pay to come back. S. Molinaro: Oh, okay. Henzi: We’ve got six of seven so there is a tie breaker out there so it’s in your best interest to call the Zoning Board, it has to be rescheduled, the motion says that you’ve got to contact the ZBA within 45 days and come back, but if you couldn’t get on the th schedule within that time, that would be okay. The next available meeting is June 9 but thth if you want the 9 you’ve got to call up the ZBA office by this Friday, the 15. Otherwise th you’re looking at June 30. S. Molinaro: You know, I don’t think we’ll be doing it but thank you for your time and consideration, truly. And I wished we would have just talked, I don’t want to have rifts with my neighbors or anything else. Henzi: Okay. S. Molinaro: We’re good. Thank you, very much, I appreciate it. Henzi: Good luck. (7:41) APPEAL CASE NO. 2015-05-20: An appeal has been made to the Zoning Board of Appeals by John Gauci, 20500 Milburn, Livonia, MI 48152, seeking to construct a detached garage while maintaining an attached garage, resulting in excess number of garages and garage area. City of Livonia, Zoning Board of Appeals Page 16 of 44 May 12, 2015 Number of Garages: Garage Area: llowed: One Allowed: 720 sq. ft. Proposed: Two Proposed: 1425 sq. ft. Excess: One Existing: 561 sq. ft. Excess: 705 sq. ft. The property is located on the east side of Milburn (20500), between Eight Mile and Fargo, Lot. No. 006-99-0076-004, RUF-A Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 18.24, “Residential Accessory Building,” and Section 2.10(5), “Definition of Miscellaneous Terms; Garage, Private.” Henzi: Mr. Banko, anything to add to this case? Banko: I have nothing to add at this time, sir. Henzi: Any questions for the Inspection Department? Hearing none, will the Petitioner please come to the table. Good evening. J. Gauci: Good evening. Henzi: Could you tell us your names and addresses? J. Gauci: John Gauci, 20500 Milburn Street, Livonia. D. Gauci: Deborah Gauci, 20500 Milburn Street, Livonia, Michigan. Henzi: Go ahead and tell us about the garage that you want to build. J. Gauci: Well, first of all I have a lot of lawn equipment, I’ve got a tractor, a weed blower, a hedger, a weed whacker, a log splitter, I can’t even park in the garage now. D. Gauci: Let me back up a little bit. The area where we’re at in Livonia, there are very large lots, our lot is approximately 90 by 300, 300 feet. John does take very good care of our lawn, along with some of the neighbors. So, coupled with all of the equipment, all of our – we’ve enjoyed the large lot, that’s why we moved here to begin with with all of the wildlife, we also have a lot of patio furniture. So currently – we’re there what, twenty years last month, for all these years we’ve carried this stuff down the basement and the last couple years we’ve been just covering it up. We can’t do that any longer. We have nowhere to put the patio furniture, the animals are getting into things if it is left out. It’s unsightly for the neighbors, for one, who have to look over and see things covered up with tarp. In addition, we like to boat in the summer, we’re from Michigan, so we have a pontoon boat, so again we store it in our yard on a trailer, so that would be another item that we could put into the storage shed that we’re requesting. And again, the yards are very large, we have no fence in between us, so it’s beautiful, it’s almost like a park back City of Livonia, Zoning Board of Appeals Page 17 of 44 May 12, 2015 there. So to our neighbors’ advantage, you know, they won’t be looking at the boat in the summer and different things like that. J. Gauci: I also have two pictures here with two houses that have two two-car garages right around the block. Henzi: Do you know what street or streets they’re on? J. Gauci: One is on Sunset and I believe one is off of Merriman. Henzi: Can you talk about the building materials? J. Gauci: Yes. It’s going to be just like our front of the house, it’s going to be sided. Are you talking about the garage? Henzi: Yes. J. Gauci: Yes, it will be completely sided with tan siding and dark brown trim just like our house that we have now, no different. Henzi: Any questions? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: How big is your pontoon? J. Gauci: It’s a 25-foot pontoon and with the trailer it’s 32 feet. Pastor: What kind of power do you plan on putting in this garage? J. Gauci: I don’t want any power in there, it’s going to be for storage. Pastor: How are you going to get back to this garage? J. Gauci: From the side of my house, I drive there all the time. That’s where I store my pontoon boat, I drive right next to my house on the south side of my house. D. Gauci: The lot is 90 wide so there’s plenty of space where our home is and our neighbor’s property line. Pastor: So you drive on your neighbor’s lawn to get into it? City of Livonia, Zoning Board of Appeals Page 18 of 44 May 12, 2015 J. Gauci: No, I drive on my own, I have 12-foot there between my neighbor and my property line. Pastor: Yes, but if you’re taking an 8 ½ foot boat back there, that’s 12-foot, it’s not a lot of room to get it back. D. Gauci: No, the tires aren’t that wide. J. Gauci: The trailer, the tires are inside the pontoon boat, I do it all the time. That’s where I park it, is in the back. Pastor: That’s all I have for right now. Henzi: What about concrete and apron, for example. J. Gauci: I was going to put, yes, I was just going to put the garage, I’m not sure what the rat wall has to be, 24 or 48, I’m not sure, I think, I believe it was 24 when I did talk to them. Henzi: Okay. Any other questions? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Why so large? I mean, I understand the pontoon and some lawn equipment, this is almost 100 percent larger than what we allow. J. Gauci: I understand what you’re saying, but my pontoon boat is stored in the backyard, I have to tarp it, the animals are just tearing it all up. Then that way I can put my lawn equipment inside there and actually park our vehicles in our front garage. We can’t park in the front garage right now. D. Gauci: We’ve had to pay several times to have the boat seats repaired, the cover from them chewing on it, the squirrels nest there and it’s caused a lot of damage throughout the years. Pastor: Okay, thank you. Henzi: Can you say again the size of the trailer and pontoon? J. Gauci: It’s a 25-foot pontoon boat with a 32-foot trailer, that’s how long it is. D. Gauci: So from the tongue where it connects to the truck to the very end, it would be 34. City of Livonia, Zoning Board of Appeals Page 19 of 44 May 12, 2015 Henzi: Thank you. Pastor: Excuse me. Explain that again. He said 32, you said 34. J. Gauci: Well, the trailer is 32 but when you put the pontoon on the trailer, the motor sticks out in the back, so it’s an additional 2-feet. So totally it’s 34, I apologize. Pastor: And that’s 8.5 foot wide, I assume? J. Gauci: Yes. Pastor: Thank you. Henzi: Anything else? Any other questions? Hearing none, is there anyone who wants to speak for or against the project that’s in the audience? Seeing no one coming forward, can you read the letters? Caramagno: We have an objection from Buck Blanchard at 20529 Milburn, (letter read). We have a letter from Michael Stadler, 20495 Milburn, sends an approval. 20470 Milburn sends an approval. 20490 Milburn, Paul Wrosch, (letter read), approval. 20515 Milburn writes an approval (letter read). Jeff Bohr, 20525 Milburn, sends an approval. Cathy Bohr, same address, sends an approval. 20469 Milburn, Charles Leporowski, sends an approval. Phyllis Washburn, 20505 Milburn, (letter read), approval. Henzi: Mr. and Mrs. Gauci, anything you want to say in closing? D. Gauci: I just want you to keep in mind the lot, we have 300-feet, we have all woods behind us, we have commercial to the other side of us, it’s not really visible from the street, Mr. Wrosch said, he wrote his letter, and he would be the person that would see this out of anybody really. We plan to make it, as it’s been explained, to look like our home, and we want it to be attractive to the neighborhood and enhance the neighborhood. Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: I don’t recall your north property line in great detail, I think it’s a concrete wall between you and the commercial building is to the north? J. Gauci: That’s correct. Caramagno: Is it concrete for the whole length of your property or is there any ability to come into your backyard? City of Livonia, Zoning Board of Appeals Page 20 of 44 May 12, 2015 J. Gauci: No. Caramagno: None? J. Gauci: It’s a solid wall all the way to the back of the property. And even in front of the house, the property, the wall goes like an L, and that’s commercial. Caramagno: The reason I ask that question is if there was an opportunity to come through that wall or the gate to give you good access to your backyard, good and proper access but apparently not. J. Gauci: Well, there is a --- there’s not a gate, there’s a chain link fence laying by the commercial property dumpster. D. Gauci: But you can’t go through there? J. Gauci: No, I can’t go through there. D. Gauci: That’s what he’s talking about to pull into the backyard. J. Gauci: No, no. Henzi: Thank you. I’ll close the public portion of the case and begin the Board’s comments with Mr. Caramagno. Caramagno: I understand you’ve got a lot of things and you’ve got somewhere between a three and a half and three quarter acre property to take care of. The garage is very large in relationship to the property, a 1,425 square foot garage, it’s big, it’s big in the City of Livonia. It’s big for less than a three quarter acre lot. The pontoon seems to be the issue driving the size of this garage, I think if it weren’t for the pontoon, you wouldn’t need nowhere near that size of a garage. I’m curious to hear the thoughts of the others, so I’ll just sit on it for a minute. Henzi: Mr. Pastor. Pastor: I somewhat agree with Sam, although I think what we’re looking at is the combined garage capacity. This garage as I calculate it is 864 square feet, it’s still a substantial garage. I’m having troubles with this one because a lot of people want a second garage. I have a lot very similar to yours. I don’t know that I’d want to build this big of a garage on my lot, so I’m struggling. I don’t think I’m in favor of this as we speak. Henzi: Mr. Schepis. Schepis: I mean, this is a really big garage. At the same time you have sort of the perfect set up for potential approval of this. I guess I’ll speak for myself, but when you’ve City of Livonia, Zoning Board of Appeals Page 21 of 44 May 12, 2015 got commercial area on one side, heavily wooded, it’s really not that visible, I mean I’d like to hear what other people think, too, but if there ever was a situation where I could approve something this large, I guess this would probably be it. Henzi: Mr. Sills. Sills: I agree with my colleagues that the structure is rather large but then on the other hand I’m looking at the lots around it, they are large also. And the lot is large enough to support a garage of this size. He certainly has the support of his neighbors so you must not be too bad a guy. J. Gauci: I try not to, I help everybody out. Sills: If this home were in the middle of the block I would probably say no. But being that you’re so close to the commercial area and being the first house on the street and you keep your property well maintained and your neighbors have no objection, your neighbor to the south has absolutely no objection, I think I can support this. Henzi: Mr. Coppola. Coppola: I’ll tell you when I first saw this thing, the size of that garage, it’s more like a barn but I think you’ve got a unique lot location in that you only have one neighbor. You’ve got commercial to the north side, you’ve got commercial to the east, I probably would have put the garage closer to the corner of the two commercial lots than to my neighbor’s side, but generally, you know, if it wasn’t for where your lot was I would be a definite no. But based on where the lot is and the support you have from your neighbors I would – the best way to say is reluctantly support it. Henzi: I have no problem with a second garage. I have no problem with the excess garage area. This is a very difficult case, though. The two garages, I mean that’s on the far outer limits I think of what we approve. Ordinarily we’d probably horse trade and give you a 24 by 32 and you’d be on your way but that’s not an option here because you’ve got the pontoon which is really driving this issue. You’ve got a lot of support. I think some of the nicest letters I’ve ever seen written about a neighbor, quite frankly, it goes beyond support. I mean you’re really doing something nice for what sounds like some senior citizen neighbors and I thank you for that, that’s very nice. J. Gauci: You’re welcome. D. Gauci: We have two widowed elderly ladies across from us, next door they’re disabled. In the winter he’s out there first thing in the morning blowing all the snow for six houses and they’re not small drives either. City of Livonia, Zoning Board of Appeals Page 22 of 44 May 12, 2015 Henzi: And that did resonate with me so when I look at the neighborhood in general I have to agree with Mr. Coppola, that based on where the lot is I’m willing to give it to you so I would support it as presented. The floor is open for a motion. On a motion by Coppola, supported by Sills, it was: RESOLVED, APPEAL CASE NO. 2015-05-20: John Gauci, 20500 Milburn, Livonia, MI 48152, seeking to construct a detached garage while maintaining an attached garage, resulting in excess number of garages and garage area. Number of Garages: Garage Area: Allowed: One Allowed: 720 sq. ft. Proposed: Two Proposed: 1425 sq. ft. Excess: One Existing: 561 sq. ft. Excess: 705 sq. ft. The property is located on the east side of Milburn (20500), between Eight Mile and Fargo, Lot. No. 006-99-0076-004, RUF-A Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 18.24, “Residential Accessory Building,” and be granted for the Section 2.10(5), “Definition of Miscellaneous Terms; Garage, Private,” following reasons and finding of fact: 1. The uniqueness requirement is met because of the location and size of lot with a minimum amount of neighbors and backing to commercial property. 2. Denial of the variance would have severe consequences for the Petitioner because it would force them to store expensive recreational vehicles outside. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because of the size of the lot and its location next to a commercial property and has the overwhelming support of his neighbors. 4. The Board received eight (8) letters of approval and one (1) letter of objection from neighboring property owners. 5. The granting of this variance will not adversely affect the purpose or objective of the Master Plan because this property is classified “Low Density Residential” under the Master Plan, and the proposed variance is not inconsistent with that classification. FURTHER, this variance is granted with the following conditions: City of Livonia, Zoning Board of Appeals Page 23 of 44 May 12, 2015 1. That the garage must be built as presented to the Board. 2. That materials must match existing structure. 3. That the power must be limited to 110. 4. That the garage must be built within six (6) months. 5. That there will be no other outbuildings allowed. Henzi: The variance is granted with the following five conditions, that it must be built with plans as presented to the Board and with materials that match the existing structure, that if there is power put it in it will be limited to 110 volt, that the garage must be built within six months, and that there will be no other outbuildings allowed on the property such as sheds. Good luck to you. J. Gauci: Thank you. D. Gauci: Thank you. APPEAL CASE NO. 2015-05-22: An appeal has been made to the Zoning Board of Appeals by Mike and Michelle Campbell, 16143 Southampton, Livonia, MI 48154, seeking to replace a detached carport with a detached garage, located in the front yard, which is not allowed. The property is located on the west side of Southampton (16143), between Oakdale and Southampton Court, Lot. No. 061-01-0006-000, R-3B Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 18.24, “Residential Accessory Building,” and Section 18.29, “Yards; Use.” Henzi: Mr. Banko, anything to add to this case? Banko: I have nothing to add at this time. Coppola: May I ask him a question? Henzi: Sure, Mr. Coppola. Coppola: Is the carport as it’s currently there to Code, in other words does it follow the zoning, what is there? I didn’t see any previous variances listed there. If someone were to put one in today like that, is that to Code? Banko: I would say no. City of Livonia, Zoning Board of Appeals Page 24 of 44 May 12, 2015 Henzi: So, if you wanted to add a carport, you mean, could you do it in the front? Pastor: It probably predates the ordinance maybe? Coppola: But if he did one today, he’d have the same problem, right, because you would count that as building in the front yard. Banko: It would be against the ordinance. The front yard is supposed to be open and unobstructed other than landscaping. Coppola: And if that carport or garage were to abut or be attached to the building, is that considered then part of the building and not in the front yard? Banko: If it was an attached garage, I guess it would be part of the structure. Sills: But those lots on Southampton are quite shallow and they drop off rather quickly in the back. Henzi: Did that answer your question? Coppola: It did, thank you. Henzi: Anything else? Hearing none, will the Petitioners please come to the table. Good evening. Michelle Campbell: Michelle Campbell, 16143 Southampton. Michael Campbell: Michael Campbell, 16143 Southampton. Henzi: Go ahead and tell us about the garage you want to build. Michelle Campbell: I’ll pass these down, this is a picture of the current carport. We had purchased the house and moved in in January. And as you can tell, the house is still in its 1962 condition with a carport. My understanding is that there were five houses that were built like this in the 1960s, the other four homes like that have all enclosed their garages or built garages. There is a house which we also put a picture in three doors down from us which is exactly what we want to do, is tear that structure down and build a garage in its place. The slab is obviously there, everything, the footings are there for us to build a garage. All of our neighbors support this, obviously it would be less of an eyesore than it is right now and enclose all of our contents. Henzi: So when you say that there are four houses, this model was built on four lots in Coventry Gardens, you mean? City of Livonia, Zoning Board of Appeals Page 25 of 44 May 12, 2015 Michael Campbell: Not the exact same house but there were five, I think there’s five carports. Of the five, three of them have been enclosed, and there’s one that they tore it down and built a garage and then ours. Henzi: Can you tell us about the building materials that you propose. Michael Campbell: We are going to vinyl side it, it is not going to match the existing structure because we’re going to change the existing structure, we’re going to re-side that and put new shingles on, hopefully this year. Henzi: So will the new match the new garage? Michael Campbell: Eventually, yes. Michelle Campbell: Nothing has been updated on this house probably for thirty years, so we’ve been pretty much gutting it since we got there as far as painting and pulling wallpaper down and such, so we’ll have to re-side it so it won’t match initially. Henzi: I think my last question is do you agree with what Mr. Sills said about this was probably placed in the front because the lot drops down? Michelle Campbell: Absolutely. You couldn’t put it anywhere else. We actually back up to Bell Creek and when we walk out our door, we slope right down so we go right down. Henzi: Yes, because of the nature of your lot, it’s uniquely shaped, right? Michelle Campbell: And you can tell from the picture that I just passed around it’s not actually in front of the house, it’s actually towards the side. Henzi: I mean because of the unique shape of the lot you can’t go to either side? Michelle Campbell: Correct. Henzi: All right. Any questions for the Petitioners? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: What makes you think there’s a footing underneath this structure? Michael Campbell: Well, I’ve dug down in three different places, went down to two feet. Pastor: Why wouldn’t you go back, you know, if you would have gone back maybe six feet, maybe a little bit further and attached the house, you wouldn’t even have to be here. City of Livonia, Zoning Board of Appeals Page 26 of 44 May 12, 2015 Michael Campbell: I still would need, I still don’t have – they told me I would have to get a variance for the side because I’ve only got six feet. Michelle Campbell: Right. We still don’t have the variance on the side and we couldn’t go back six feet, but where that is at we actually only have maybe what, two feet from where that existing is. Pastor: If you would have gone back four feet, you wouldn’t – Michael Campbell: Yeah, we talked about that but then there’s no access from the back from the side door to go up to the front of the house you’d have to go through the garage. Pastor: Well, you could have a side door on your garage. Michael Campbell: Also then I’d have to put a – I have a really sloped roof and my father in law is actually a roofer. – Michelle Campbell: Remember he explained about ice damage, if you tried to butt the or something about trying to avoid that. Michael Campbell: And I think whether I attached it or detached it from the street it’s going to look exactly the same. Michelle Campbell: And again, there was a picture in there from the house three doors down, that is exactly that, and whether it’s two feet back or two feet forward, it will look exactly like it does whether we put it two feet backward or two feet forward, that’s exactly what it will look like. Pastor: So you’re just making this a one-car garage then? Michelle Campbell: This is what it will look like. Michael Campbell: We want to make it look nice, there’s another house around the corner if you’ve seen it, it looks real sharp. Pastor: To me it looks like another house on the property which is not allowed. Michelle Campbell: Oh, no, there’s actually a house right on the corner of Southampton and Norfolk that has it. Pastor: I’m just - - that’s what it looks like to me. Michelle Campbell: We just thought that that was attractive looking, because of the way that they had their garage, and then it had a cute little door and window right there. We just thought it was cute looking the way that it kind of – all the houses in Coventry are City of Livonia, Zoning Board of Appeals Page 27 of 44 May 12, 2015 kind of that – I don’t know – eclectic kind of look to it. We just thought that that was kind of cool looking. Pastor: So you only plan – Michelle Campbell: No one will be living there in other words. Pastor: But you only plan on putting one car in here? Michael Campbell: Correct. Pastor: What are you going to do with the rest of the space? Michael Campbell: Lawnmower. Michelle Campbell: Snowblower, tools, a lot of stuff. A lot of hunting, fishing. Actually, the majority of that stuff right now is over in a storage unit. Pastor: We don’t want to put the storage people out of business. Thank you. Henzi: Any other questions? Sills: Mr. Chair. Henzi: Mr. Sills. Sills: How long has this carport been up, do you have any idea? Michael Campbell: I think since the house was built, I don’t have any idea, we just bought it, but it looks like I think it was the original. Sills: Well, God bless you for buying the house. Michael Campbell: Let me tell you when we bought that house before we even walked in, we both said that’s got to go. Sills: I agree with you. Henzi: Any other questions? Sills: There are two more houses, not too far from you, one at 16111 and one at 16119 Southampton that have a similar situation, but here again it’s because of the shallow lot and the drop in the back, so I can understand. Thank you. Michael Campbell: Thank you. City of Livonia, Zoning Board of Appeals Page 28 of 44 May 12, 2015 Henzi: Any other questions? Seeing no one in the audience who wants to speak for or against, can you read the letters? Caramagno: Brian McVeigh, 16160 Southampton, sends an approval (letter read). Timothy Dowl, 16135 Southampton Court, approval (letter read). Tracy & Jim Favaro at 16148 Southampton, approval, (letter read). Kristen Spencer, 16108 Southampton sends an approval. Thomas Hoyer at 16151 Southampton sends an approval (letter read). Sally Cunningham, 16111 Southampton, approval (letter read). Alan Brooks, 16184 Southampton, sends approval. Patricia Byers, 34100 Oakdale, approval (letter read). Henzi: Mr. & Mrs. Campbell, is there anything you want to say in closing? Michelle Campbell: No Henzi: I’ll close the public portion of the case and begin the Board’s comments with Mr. Pastor. Pastor: Well, you have a lot of support from your neighbors. Originally when I looked at this and I went wow, I was stunned that the carport was in the front of your yard. But I actually think this is a fairly decent plan, everybody deserves a garage. If it was me, I’d be asking for a bigger one but I’ll be in support. Henzi: Mr. Schepis. Schepis: I agree. I think one of your neighbors begged us to allow this. It’s sort of a strange set up but I can see the need for that carport to be replaced and I will support this. Henzi: Mr. Sills. Sills: Well, I guess you know I’m going to approve this. I appreciate the support of your neighbors and I appreciate you wanting to beautify the neighborhood. It is a very nice neighborhood in one of the more beautiful sections of Livonia that most people don’t see. But getting back to Southampton is a chore, coming down Farmington Road, you can get lost quite a bit. I will certainly be in support. Henzi: Mr. Coppola. Coppola: I’m in support of this. I don’t know who would think a carport in Michigan is a good idea but I guess back then lots of things were good ideas that aren’t good ideas anymore. I did have a little bit of concern in the design, I thought it looks like you have a guest house instead of a garage, I would have been more comfortable with a full garage but I’m willing to support it as it’s presented if the rest of the Board is willing to do so. City of Livonia, Zoning Board of Appeals Page 29 of 44 May 12, 2015 Henzi: Mr. Caramagno. Caramagno: This is a great improvement to the neighborhood, there’s three carports left and this makes good sense to keep your things and items safe. The neighborhood has a lot of character, this is a big piece of it and you’re taking it out and I think that’s a good thing so good luck. Henzi: I too will support. I think you definitely demonstrated a hardship, every house should have a garage. I would approve it as presented. The floor is open for a motion. On a motion by Schepis, supported by Pastor, it was: RESOLVED, APPEAL CASE NO. 2015-05-22: Mike and Michelle Campbell, 16143 Southampton, Livonia, MI 48154, seeking to replace a detached carport with a detached garage, located in the front yard, which is not allowed. The property is located on the west side of Southampton (16143), between Oakdale and Southampton Court, Lot. No. 061-01-0006-000, R-3B Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 18.24, “Residential be granted for the following Accessory Building,” and Section 18.29, “Yards; Use, ” reasons and finding of fact: 1. The uniqueness requirement is met because of the unique shape of the lot and the house has a carport that is in disrepair and Petitioner is in need of a garage to protect property. 2. Denial of the variance would have severe consequences for the Petitioner because they would not be able to store their vehicles in a safe and secure way. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because it is consistent with other homes in the neighborhood and has a lot of support from neighboring properties. 4. The Board received eight (8) letters of approval and no letters of objection from neighboring property owners. 5. The granting of this variance will not adversely affect the purpose or objective of the Master Plan because this property is classified “Low Density Residential” under the Master Plan, and the proposed variance is not inconsistent with that classification. FURTHER, this variance is granted with the following conditions: City of Livonia, Zoning Board of Appeals Page 30 of 44 May 12, 2015 1. That the garage must be built as presented with materials and plans as discussed with the Board. 2. That the house will ultimately match the siding of the garage. 3. That the power must be limited to 110. 4. That the garage must be started within six (6) months. 5. That the structure be placed in the same footprint as the existing carport. 6. That the pad be up to Code. ROLL CALL VOTE: AYES: Schepis, Pastor, Coppola, Sills, Caramagno, Henzi NAYS: . None Henzi: The variance is granted with six conditions, you’ve got to build it as presented, both in materials and plans; the siding must ultimately match the rest of the house; you’ve got to start it within six months, you can have the standard 110 volt service, you’ve got to construct it in the same footprint as the carport, and the concrete pad must comply with building code. Good luck to you. Michelle Campbell: Thank you. APPEAL CASE NO. 2015-05-23: An appeal has been made to the Zoning Board of Appeals by Livcom, LLC, 9986 Manchester, St. Louis, MO 63122, on behalf of Lessee Party City, seeking to erect a wall sign, resulting in excess wall sign area. Wall Sign Area : Allowed: 103 sq. ft. Proposed: 188 sq. ft. Excess: 85 sq. ft. The property is located on the west side of Middlebelt (13477), between Schoolcraft and Industrial, Lot. No. 101-99-0004-002, C-2 Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 18.50H(b)2, “Sign Regulations in C-1, C-2, C-3 and C-4 Districts.” City of Livonia, Zoning Board of Appeals Page 31 of 44 May 12, 2015 Henzi: Mr. Banko, anything to add to this case? Banko: I have nothing to add other than the information I provided you with. Coppola: Mr. Chair. Henzi: Mr. Coppola. Coppola: I’m not sure, do you have this information, there’s been two other, well, there’s three occupants of this strip, but the two other large occupants, Dick’s and Joanne’s, were there variances provided to those? Henzi: Yes, we’ve got some materials, I asked Mr. Banko to pull the variances for neighboring tenants so Mr. Caramagno has those in his hand, he can hand those over. Good evening. Stieber: Good evening. Patrick Stieber, 33650 Giftos Drive, Clinton Township, Michigan. Giummo: Kara Giummo, 35901 Veronica, Livonia, Michigan. Henzi: Mr. Stieber, go ahead and tell us about the sign proposed. Stieber: Sure. Well, as you see here, there’s a Party City has decided to go into this new development here at Middlebelt and Schoolcraft. You guys are all familiar with this location. We’re proposing to go into to the space to the left of Joanne’s, we’re going to be doing a build-out there, so we’re proposing to do one wall sign on the front elevation above the main entrance and you know what we’re proposing here is larger than what obviouosly the Code allows. We feel like there is a lack of identification due to the setback of the building, the traffic flows on Middlebelt, along with the fact where this space is located, the outbuilding is also going to give them some visibility issues with their space. The sign really isnt’ excessive in size, it does fit well within the sign band area. They have this tag line as part of their logo that you see here and getting the size up on those letters for readability is very important. So that’s really the gist of why we’re here, we’re here to get your feedback on the proposal and see what your thoughts are on it and if you have any questions. Henzi: Is the “Nobody has more party for less” a tagline that is on every Party City sign? Stieber: Part of their new logo is incorporating these tag lines, they’re the newest thing they’re doing. This same verbiage is not at every other location, in fact the verbiage is a little bit different, they have different tag lines, she can tell you more about that. City of Livonia, Zoning Board of Appeals Page 32 of 44 May 12, 2015 Giummo: Our current location on Plymouth and Middlebelt has the Discount Price Superstore, we’re shying away from that and the word discount, and we’re going more towards the “Nobody has more party for less”. Henzi: What percentage of the sign area does that comprise, anyway? Stieber: The bottom part? Henzi: Yes. Stieber: That copy on there if you just box out that, it’s approximately 30.24 square feet. Henzi: Okay. What about illuminating the sign, can you tell us the specifications? Stieber: Yes, it’s going to the standard LED lighting that you’re seeing now on all these type channel letters so the illumination is definitely going to be LED illuminated for both sets of letters, the bottom tagline and the top. The top set is going to have the face lit cable lighting effect to it as well, the Party City portion of it, so you’re going to see that soft back lighting behind the sign as well. Henzi: Okay. Any questions for the Petitioner’s representatives? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: This Party City portion of the sign, do you know how this sizes up compared to the other stores in size? I can’t remember how tall those other letters were. I’m talking about the center here. Did you take a look at the center before you came? Stieber: Yes. Yes, as far as the height of these letters, they’re not as tall as Dick’s. Pastor; What about the other? Stieber: When we did the Joanne’s that was a 50-inch letter set, so the height is definitely of the letters is in proportion with what’s out there, but obviously Joanne’s has less letters and Dick’s has less letters so from a readability standpoint with the traffic flow and the setback having the letters set at this height will improve the readability and it will match up with what they have. But obviously, you know, we’re at the disadvantage of our name being longer. Pastor: So, yeah, buy you’re also proposing this being about four more inches taller than Joanne’s, you said that was 50 inches. Stieber: I’m sorry, I want to say it’s 5, 5-foot letters. City of Livonia, Zoning Board of Appeals Page 33 of 44 May 12, 2015 Pastor: 60 inches. Stieber: Yes, 60 inches. Pastor: Thank you. Henzi: Any other questions? Pastor: Yes, Mr. Chair? Henzi: Mr. Pastor. Pastor: You don’t have any plans of asking for a sign around the other corner, do you? Giummo: No, we do not. Pastor: Okay, thank you. Giummo: I do want to add though, we’ve been at that location since 1997 and we have a coporate office in Livonia as well on the off of Levan behind Plymouth, so we do love Livonia and we plan on staying in the area and we would appreciate the variance. Henzi: Were you going to tell us the size of the current Party city store sign? Giummo: I believe the current sign is a 48-inch sign but because of the height of the façade, we do have a side sign at that location, too. So I believe the overall square footage of the signage at that location will be less at this location. Henzi: Anything else? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: Do you folks have visibility on the monument sign out front on Middlebelt Road? Giummo: We will. Caramagno: You’ll have two monument signs as well? Giummo: We’ll have one on Middlebelt and one on Schoolcraft. Caramagno: Okay, thank you. Henzi: Anything else? Anybody want to speak for or against? Seeing no one coming forward, are there letters? City of Livonia, Zoning Board of Appeals Page 34 of 44 May 12, 2015 Caramagno: No. Henzi: Anything you want to say in closing? Okay. I’ll close the public portion of the case and begin the Board’s comments with Mr. Schepis. Schepis: From my untrained eye, this looks pretty consistent with what we’ve seen at this location but I guess I would like to hear what the rest of the Board thinks. Henzi: Mr. Sills. Sills: Well, to begin with I rode around ten minutes looking for your building. All I saw was a brick wall. So from that standpoint it’s very difficult for me to picture what your sign would look like and what the entrance of your building and things like that would be, but I do understand the location that you’re in, you’re back offset off of Middlebelt, and it is very difficult to see where you’re at and I think your signage is needed as you’re asking for. So I think I could go along with your petition. Henzi: Mr. Coppola. Coppola: Generally I would say that some level of excess to code probably is appropriate for the façade otherwise it would look kind of ridiculous, I think a little sign on a big façade as shown. I’m struggling a little bit with the level of excess, especially when you’ve got two ground signs, too. So from my perspective I’m supportive of an excess, I don’t think I’m supportive of an 82 ½ percent excess, I would probably would feel more comfortable with 50 percent excess. Henzi: Mr. Caramagno: Caramagno: 400 feet off of Middlebelt Road stands for something, means something. You’ve a long way back and when I drove down Middlebelt Road, you can barely see your building with the outbuilding that’s out front. You’ve got no opposition here. From what I can tell in your drawing and through your comments here today about the height and the letters, I feel it’s going to be similar to the other signs that are on the building and look appropriate for the size of that building, therefore I’ll be in support. Henzi: Mr. Pastor. Pastor: I agree with Sam, I am probably one of the hardest people on overages of square footage and signs but this particular project being so far back I can see where the excess amount of signage is needed. Also with the tag line being approximately 32 square feet, it’s taking up pretty much half of what their excess is, so I think I can support this. City of Livonia, Zoning Board of Appeals Page 35 of 44 May 12, 2015 Henzi: I, too, will support it. The fact that you’ve got an outbuilding in front shows a hardship, it’s Schoolcraft and Middlebelt, this is a densely developed area. There’s no doubt that there’s a need for overage on sign. I don’t know, I could go along with something smaller but I could along with what’s been proposed, either. So the floor is open for a motion. On a motion by Caramagno, supported by Pastor, it was: : RESOLVED, APPEAL CASE NO. 2015-05-23 Livcom, LLC, 9986 Manchester, St. Louis, MO 63122, on behalf of Lessee Party City, seeking to erect a wall sign, resulting in excess wall sign area. Wall Sign Area : Allowed: 103 sq. ft. Proposed: 188 sq. ft. Excess: 85 sq. ft. The property is located on the west side of Middlebelt (13477), between Schoolcraft and Industrial, Lot. No. 101-99-0004-002, C-2 Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 18.50H(b)2, “Sign Regulations in C-1, be granted for the following reasons and finding of fact: C-2, C-3 and C-4 Districts,” 1. The uniqueness requirement is met because of the way the building is set back off of Middlebelt and the outlot building causing a visual blockage. 2. Denial of the variance would have severe consequences for the Petitioner because it wouldn’t allow visualization of the signage from the road. The variance is fair in light of its effect on neighboring properties and in the spirit 3. of the Zoning Ordinance because other tenants in the building have been granted variances for signage. 4. The Board received no letters of approval or objection from neighboring property owners. 5. The granting of this variance will not adversely affect the purpose or objective of the Master Plan because this property is classified “General Commercial” under the Master Plan, and the proposed variance is not inconsistent with that classification. City of Livonia, Zoning Board of Appeals Page 36 of 44 May 12, 2015 FURTHER, this variance is granted with the following conditions: 1. That the sign be built and lit according to plans presented to the Board. 2. That no sign will be allowed on side of building. ROLL CALL VOTE: AYES: Caramagno, Pastor, Sills, Schepis, Coppola, Henzi NAYS: None Henzi: This variance is granted with those two conditions. Good luck. Giummo: Thank you. Stieber: Thanks for your time. APPEAL CASE NO. 2015-05-24: An appeal has been made to the Zoning Board of Appeals by Martin Plaza Group, 1715 Middlebelt, Garden City, MI 48135, on behalf of Lessee Nails by Janan, seeking to erect a new tenant identification wall sign, resulting in excess sign area. Wall Sign Area : Allowed: 21.5 sq. ft. Proposed: 34.0 sq. ft. Excess: 12.5 sq. ft. The property is located on the east side of Middlebelt (19580), between St. Martins and Vassar, Lot. No. 003-01-0426-005, C-1 Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 18.50H(b)2, “Sign Regulations in C-1, C-2, C-3 and C-4 Districts.” Henzi: Mr. Banko, anything to add to this case? Banko: I have nothing to add at this time. Pastor: Mr. Chair. City of Livonia, Zoning Board of Appeals Page 37 of 44 May 12, 2015 Henzi: Mr. Pastor. Pastor: Steve, these other signs that are on this building, are they approximately going to be about the same size of this sign. Banko: Well, there are different frontage space of signs on that building so depending on how many linear foot of frontage there are, would calculate the amount of signage that you can have there. And the other signs that are on that building, basically there were permits issued for two adjacent businesses there which meet the lineal square footage requirements. Pastor: Okay, thank you. Coppola: Mr. Chair. Henzi: Mr. Coppola. Coppola: Is the oval counted in the square footage that’s on this? I see this oval that’s to the back, is that part of the square footage? Henzi: Yes. Coppola: Okay, thank you. Henzi: Anything else? Oh, there were some permits just like Steve was talking about. Caramagno: There’s two 22’s and a 32, it looks like they got approved, square feet. Henzi: And Greg, that’s kind of a common thing where a petitioner will say if we square off the sign, there’s a lot of dead space so that’s how they do it. Coppola: Okay. Henzi: Anything else? Good evening. Could you tell us your name and address, please? Kaoud: Yes. My name is Janan Kaoud, the address is 19580 Middlebelt Road. Henzi: Tell us about that sign that you want to put up. Kaoud: The sign is not exactly picked out yet, we’re not sure, but my worry is next to the street they have they have the box out there where my sign would be very close to the ground and it’s about this big, it’s very small, so I’m worried about how people will see me, that’s one reason. There’s a great new building south of me, it’s pushed up, so it City of Livonia, Zoning Board of Appeals Page 38 of 44 May 12, 2015 blocks me, that’s another. And looking at Wild Bill’s, when we look at his sign, we’re just basically wanting the same coverage, really, that’s all it is. I just want an opportunity to be able to make a go on the business in the area there. Henzi: Do you have any idea the last time that a tenant occupied this space? Or what it used for before? Kaoud: We had to gut it and really put more than we ever expected, I’m not real sure. I believe that A & A Driving School had the full space, simply because they had the same tile and they did not need the square footage, so the landlord agreed to put a dividing wall and so it became available space to me, so I’ve had to do a ton of electrical, a ton of HVAC or whatever you call it, concrete, just you name it, it’s become a nightmare. So I just want a good chance that I can survive this. Henzi: Okay. Any questions for the Petitioner? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Steve, can you support that comment that she made about A & A or wouldn’t you know? Banko: I do not know, sir. I did look up this address in the history file and basically I really couldn’t find any other occupancy in this suite. Pastor: Okay. So you say you haven’t picked out your colors yet? Kaoud: You know, this is what the sign gentleman wants me to do because he wants us to stand out but I feel there’s H & R Block or something that has the same or a might be a little bit more classier and I guess that’s what we’re trying to attract is a nicer look, a classier look. Pastor: So how did you come across your 34 square feet? Kaoud: Well, we just went up on a ladder and kind of measured out the windows over at the smoke shop, we have the same amount of windows as he does and the same size door and everything else so we match and we just were hoping that we’d get the same allowance at least. Pastor: But you’re asking for more, I believe. I think theirs is 32 square feet. Kaoud: Yeah, I’m not so good with the square footage thing. But if you can see the building covering us coming towards the north south of us, you’re going to see it’s going City of Livonia, Zoning Board of Appeals Page 39 of 44 May 12, 2015 to be a hard time for us, we’re going to lose that traffic going that way and being able to see us. And then if you look at the board that’s in front of the Middlebelt, you know, the shopping plaza, it’s really, really small and I’m at the ground level, like it’s not even worth for me to put a sign in there because you’re really not going to see it. So I really can’t count on that helping me much. You know when you look at the two different sizes, it’s just a tiny bit bigger in visibility, like you can see a little bit of a difference from the first page to the second page, it’s just a little helpful is what it is. Pastor: Thank you. Henzi: Is this a new business? Kaoud: I’ve been doing it for a long time, so, and I live on the east side so it’s a long distance but nevertheless I’m coming back to the place I grew up in. Henzi: Mr. Pastor. Pastor: I think he was asking you is this a new business in this plaza? Kaoud: Oh, yes. I’m sorry. Henzi: And you’re not moving from Seven and Farmington to Seven and Middlebelt, right? Kaoud: No. Pastor: Are you moving from anywhere? Kaoud: No. Pastor: So this is your first business venture. Thank you. Henzi: Any other questions? Seeing no one in the audience, are there letters? Caramagno: We have an approval, at 19586 Middlebelt, that’s it. Henzi: Ms. Kaoud, anything you want to say in closing? Kaoud: No. Henzi: I’ll close the public portion of the case and begin the Board’s comments with Mr. Sills. Sills: Well, the only thing I could say right now is that you’re a very brave person taking this particular spot because it’s not a very envious place for a business and that’s City of Livonia, Zoning Board of Appeals Page 40 of 44 May 12, 2015 strictly my opinion. I wish you well, I don’t think that your request is unusual, I think your sign will match everything that’s in that mini mall and God bless you, I hope your business turns out well. Henzi: Mr. Coppola. Coppola: I’d like to have seen the final kind of proof of the sign before approving it, if we’re going to approve an excess, I just want to make sure that it’s an excess, you know, it looks a little overdone. Just generally I have no issues with approving it, it’s not I’ll say out sized compared to the signs next to you. The one thing I’d like to see is like if this is actually the power cord coming out of the – just make sure the power cord runs behind the sign, not along the whole front of the wall like your neighbor. But generally I can support this and hopefully when I drive by there that you pick something that’s appropriate based on the excess that we’ve permitted. Henzi: Mr. Caramagno. Caramagno: I find the size of the sign to be not overwhelming and good, and I don’t even mind the flowers, so good luck. Henzi: Mr. Pastor. Pastor: I wish you wouldn’t have gone to the extreme of the bigger signs, I wish you would have but it back a little bit, it’s over 50 percent larger than what’s allowed and that’s pushing the envelope a little bit. I also would have liked to have seen the actual sign package in the colors it’s supposed to be presented. I mean the last case we had they presented their sign package in their colors, so I’m having a little bit of heartburn approving something I don’t know what I’m approving. I would almost think about tabling this until we had a better picture of what you plan on doing because it doesn’t sound like you know what you want to do yet. Kaoud: No, no, no. It will look like this, except for the green may turn into purple or something a little bit calmer to the eye. Or it may be white block letters and then serenity may be purple. Pastor: That’s my point, it’s maybe, maybe, maybe, we don’t know so that’s where I’m at right now. But good luck with your business either way. Henzi: Mr. Schepis. Schepis: As far as the size of the sign goes, it lines up I think with the rest of what’s in that building. Also, I think you’ve made a fair point about this building to the, I guess south of you, you know, blocking some of the visibility of your sign. I’m not sure, I came City of Livonia, Zoning Board of Appeals Page 41 of 44 May 12, 2015 from the other direction when I looked, so I’m not sure I noticed it myself but I guess that’s something that would make sense to me. I would agree it would be nice to have a better sense of exactly what it is that we’re approving but I mean you described it in a fair amount of detail and set forth the kind of parameters of what might change and what won’t. So I could support this. Henzi: I, too, will support it for a couple of reasons. I drive past that area quite a bit to go to work and I can’t underscore the fact that that Livonia Pavilion has where if you’re traveling northbound, I mean that’s a big deal. I can’t remember the last time I even noticed this particular unit in the strip center. So I think that there’s a hardship that’s been demonstrated. Also, I think the sign blends in with what exists, not in this plaza but in the ones on the north across St. Martens and so I think it’s good sign and I wish you lots of success. I’m comfortable with approving it as presented or if some people have some trouble with the colors, you know, make a condition on what the Petitioner has said tonight and limit it to those kind of colors and those scenarios, something like that, I’m comfortable with that. So the floor is open for a motion. On a motion by Carmagno, supported by Sills, it was: RESOLVED, APPEAL CASE NO. 2015-05-24: Martin Plaza Group, LLC, 1715 Middlebelt, Garden City, MI 48135, on behalf of Lessee Nails by Janan, seeking to erect a new tenant identification wall sign, resulting in excess sign area. Wall Sign Area : Allowed: 21.5 sq. ft. Proposed: 34.0 sq. ft. Excess: 12.5 sq. ft. The property is located on the east side of Middlebelt (19580), between St. Martins and Vassar, Lot. No. 003-01-0426-005, C-1 Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 18.50H(b)2, “Sign Regulations in C-1, be granted for the following reasons and finding of fact: C-2, C-3 and C-4 Districts,” 1. The uniqueness requirement is met because the high rise building to the south causes visual impairment of Petitioner’s building. 2. Denial of the variance would have severe consequences for the Petitioner because it wouldn’t allow visualization of the signage from the road. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because other tenants in the building have signs of a similar size. City of Livonia, Zoning Board of Appeals Page 42 of 44 May 12, 2015 4. The Board received one (1) letter of approval and no letters of objection from neighboring property owners. 5. The granting of this variance will not adversely affect the purpose or objective of the Master Plan because this property is classified “General Commercial” under 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 sign be built according to plans presented to the Board with the colors as discussed or described. ROLL CALL VOTE: AYES: Caramagno, Sills, Schepis, Coppola, Henzi NAYS: Pastor Motion carried. Henzi: It passes and there’s two conditions, you’ve got to build it as presented and as to the colors, they’ve got to be similar to what you’ve described. Kaoud: Similar colors as described? Henzi: Yes, so as presented in terms of the sign package, everything you presented and then the second condition was the colors, it’s got to be the same or similar to what you described tonight. Kaoud: Thank you. th Henzi: Good luck. Is there a motion for minutes? April 14? th Pastor: I’d make a motion to approve the minutes of April 14. Coppola: Second. Pastor: I’d make a motion to adjourn Coppola: Second. City of Livonia, Zoning Board of Appeals Page 43 of 44 May 12, 2015 There being no further business to come before the Board, the meeting was adjourned at 9:00 p.m. _______________________________ Matt Henzi, Chairman ______________________________ Sam Caramagno, Secretary /bjm City of Livonia, Zoning Board of Appeals Page 44 of 44 May 12, 2015