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Home My WebLink AboutZBA MEETING 2015-06-30 ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF SPECIAL MEETING HELD JUNE 30, 2015 A Special Meeting of the Zoning Board of Appeals of the City of Livonia was held in the Gallery of the Livonia City Hall on Tuesday, June 30, 2015. MEMBERS PRESENT: Matthew Henzi, Chairman Sam Caramagno, Secretary Craig Pastor Robert Sills Gregory Coppola Ben Schepis MEMBERS ABSENT: Robert Bowling OTHERS PRESENT: Mike Fisher, City Attorney Craig Hanosh, 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. Six (6) members were present this evening. The Chairman asked if anyone wishedto be heard by a full Board and no one wished to do so. 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 24 people present in the audience. (7:05) City of Livonia, Zoning Board of Appeals Page 1 of 53 June 30, 2015 APPEAL CASE NO. 2015-04-12: An appeal has been made to the Zoning Board of Appeals by Derek Robbins, 30451 Puritan, Livonia, MI 48154, seeking to construct an addition, to include attached garage, resulting in deficient front yard setback. Front Yard Setback: Required: 50 ft. Proposed 36 ft. Deficient: 14 ft. The property is located on the south side of Puritan (30451), between Merriman and Henry Ruff, Lot. No. 055-01-0083-000, RUF Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 5.05, “Front Yard.” Pastor: Mr. Chair, I move that we remove this from the table. Caramagno: Support. Henzi: Moved and supported, all in favor say aye. Board Members: Aye. Henzi: This is removed, thank you. Mr. Hanosh, do you have anything to add? Hanosh: Not at this time. Henzi: Any questions for the Inspection Department? Hearing none, will the petitioner please come to the table? Good evening. Schouman: Good evening once again everyone. I am Daniel Schouman. I am the attorney for the petitioner and for the recorder I have a card. Recorder: Thank you. Schouman: Thank you. The uniqueness of the circumstances here is this house was built in 1954. Being back in the 50’s--and it has no garage at this point in time. Being back in the 50’s there wasn’t the 50 foot setback requirement. Additionally my client suffers from a condition. He attached these documents from his doctor called multifocal motor neuropathy. He actually goes through certain chemotherapy treatments that he is doing inside his home because of this condition. It is also known as cold paralysis. His hands actually when they get cold lock on him and don’t work very well. It has been recommended by his doctor that he seek--or that he builds an attached garage because of the nature of having to go outside and scraping cars and what not here in Michigan as we all know. I don’t believe that this variance would change the character of this neighborhood, in fact I think it is fairly consistent with the character of the neighborhood. City of Livonia, Zoning Board of Appeals Page 2 of 53 June 30, 2015 The packet that my client presented to you has all--has multiples lots listed with numbers on it. What those are is the actual setback that we are looking at for these houses. And we’ve counted out between Middlebelt and Merriman on Puritan Avenue at least 27 homes that are equal or less than what my client is proposing to do here. Certainly some of these homes were built prior to the 50 foot setback but variances have also been granted on Puritan for very similar circumstances. I’ve got copies of those if the Board would like to see. We had an appeal in a 2005 case where the required 50 feet was proposed to 39 and that was approved. And again in 2002 where there was a required 50 feet was proposed 38 and that was granted as well. Henzi: Could you call out those addresses? Schouman: Certainly. It is--I can submit a packet--I’ve got the actual opinions if you would like too? Henzi: No, I’m just going to mark-- Schouman: The addresses are 30410 Puritan and 30128 Puritan on the 2002 case is the 30128. Obviously what my client is planning on doing will add to the taxable value to the neighborhood. It certainly looks like a very attractive addition. This home was twice foreclosed. My client has put an awful lot of money into and plans to continue to put more money into to improve the neighborhood. So it’s seems a win--win. I know that certain neighbors have objected. I’ve read the objections, I certainly understand their position. Nonetheless this individual needs to have an attached garage because of a medical condition. He’s going to improve the value of the property. There really is no other good position to place this on the property. The sides of his home are 24 feet, that would only allow him 10 feet to--excuse me 14 feet to build out on either side. To move around and go into the back of his house he could put a detached garage but that defeats a substantial amount of the purpose of relieving his--the effects of the cold. He’s truly looking for an attached garage. So we believe this is consistent with the character of the neighborhood. We believe there is unique circumstances. We don’t believe that this variance will do anything but improve this neighborhood. Thank you. Henzi: I have a couple of questions for you maybe for Mr. Robbins. Can you tell us your name and address? Robbins: Derek Robbins, 30451 Puritan. Henzi: How long have you lived there? Robbins: One year. Henzi: And I want to ask you a question about the two houses that border Henry Ruff closer to your house that would be to the east. Robbins: Okay. Henzi: Have those houses been renovated or changed in any way in the last year? Robbins: Not that I have seen. City of Livonia, Zoning Board of Appeals Page 3 of 53 June 30, 2015 Henzi: Okay. I wanted to ask you next a question or two about the placement because that’s one of your main arguments that this is really the only place you can put it. And we talked a little bit about that last time about why you couldn’t put it to the west--or the northwest. You stated that there are power lines for one and then--so I’m going to ask you this and I apologize if we talked about it last time but why couldn’t you connect to that one area of the house in the northwest side that kind of juts out to the north? Robbins: That’s where the L shape is on my house? Henzi: Yes. Robbins: Behind that I don’t have enough space because of the power lines there’s only 18 feet that I’ll be allowed to build. And to the west of that there’s a property line that is 24 feet away so I’m only allowed to build 14 on that side. Henzi: Okay, that’s what I was getting at. So even if you wanted to attach the garage to that little area on the side you couldn’t--you couldn’t build a garage? Robbins: No there’s not enough space. Henzi: Okay. It would have to be maybe single car if that at all? Robbins: Right. Henzi: Okay. Sills: Mr. Chairs. Henzi: Mr. Sills. Sills: May I? Did the petitioner ever consider going to a one car garage rather than a two car garage? If he did he would increase his setback--the front setback to a more reasonable--a more reasonable idea than it is right now. It seems like most of the neighbors are objecting to the--to the front yard setback being too far forward. Schouman: The problem and again I’ll certainly state whatever you would like to state as well, but what he’s told me about the one because I asked him the same question. When you are putting that type of money into a house you’re not doing yourself a favor by building a one car garage. For any type of resale value what people are looking for is a two car garage. The type of vehicles he drives being in the trades business as well are very large. They are wide and long pickup trucks. So that has something to do with the design and why he is requesting a two car. One because of value to the property itself, he’s putting an awful lot of money into this he’s not going to necessarily get that all out of it but certainly a two car is more attractive for somebody looking in the future to purchase a home. And the other one is the size of his own vehicles. Sills: Are we looking at the question of dollars here or are we looking at that question of a need? Robbins: The other comment I have on that is that I do own two vehicles that I switch between. So that is also a reason for having a two car garage. Sills: But you can only drive one vehicle at a time. City of Livonia, Zoning Board of Appeals Page 4 of 53 June 30, 2015 Robbins: But I still have to-- Sills: Your medical condition says that--the doctor says that he would like you to have a garage to keep your car in. Robbins: Yes. Sills: The car you are driving could be kept in a one car garage, could it not? Robbins: That defeats the purpose because the other vehicle will be parked in the yard and I still have to get in that to pull it in the garage if I were to swap them with the one--to take them in and out of the garage I would still have to bear the cold to scrape off the car and drive it into the garage. Sills: Do you live by yourself? Robbins: No, I live with my fiancée. Sills: Does she drive? Robbins: She does. Sills: Is there some reason she couldn’t move the other vehicle? Robbins: That’s--I can’t rely on having somebody in my life--for the rest of my life, you never know what may happen. Schouman: I don’t know if his relationship would continue to last if she was always scraping his vehicle in the morning and moving it around. I mean you’re absolutely making very valid points here. Is it possible that he could survive without this, clearly? But with that being said it does appear to be consistent with the character of the neighborhood and he does have more consequences than I certainly would have or most of us would have going outside and scraping a car. So cutting it down to a one car garage isn’t really anything that he’s wanted to do. Forgetting the economic standpoint it certainly appears to be a nicer house with a two car garage. And he does have two vehicles that he would like to park inside. Sills: Well I can appreciate the fact that he has a medical condition and I sympathize with him for that. How long has he--how long ago did he buy this house? Robbins: One year. Sills: Did he know what the ordinances were in that one year? Schouman: Did you know what the setback requirements were when you purchased the home? Robbins: No, I did not. Sills: Because looking at all the letters from the neighbors they are very negative as far as the front yard setback. Schouman: They certainly are and the only response I have outside of I certainly understand their positions what I disagree with is that this would be contrary of the character of this neighborhood because within the one mile stretch between Middlebelt City of Livonia, Zoning Board of Appeals Page 5 of 53 June 30, 2015 and Merriman there are 27 homes that are as close as he is proposing or closer. This-- they are very nice lots. This isn’t going to push it way up to the street obviously. So I think it is consistent with what this Board has done in the past to grant a variance like this and I think it is consistent with the character of the neighborhood. Sills: I don’t have any more, Mr. Chair. Henzi: Thanks. Any questions. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: You’re showing us a picture here of 30415 are you telling us that your garage or your addition would be either equal to or less than what that house is set at? Schouman: It’s actually 6 feet less. Robbins: Correct. Schouman: His proposal would keep it 6 feet less than the house two doors down from him. Pastor: Okay. Schouman: And I may add one other comment on that. I--my client hired an architect to do these designs. That architect is Rob Olkers (sic) and from what my client represents this where Rob Olkers (sic) said was the best spot to put this. Pastor: Now your variance proposal before was deficient 20 feet. So since that time you actually pushed this back six more feet? Robbins: Correct. Pastor: Okay, I appreciate that. Thank you. Excuse me, did you--did you say you have a basement or not? Robbins: No, I’m on a crawl space. Pastor: On a crawl space. And why such a large garage? It is even for a garage it’s an- -and I drive a large truck so I understand what you are saying, but that’s a large still? Robbins: The reason for that is in the winter when I travel I use a trailer on my truck and loading and unloading outside is going to cause more problems than it’s--than I can handle. Pastor: What do you do for a living? Robbins: I’m in information technology, I’m an executive at Ford. Pastor: I thought I heard you say earlier that you were in the trades? Robbins: No, that misconception-- Schouman: I misspoke, he has family in the trades and I think he works sometimes with his family. City of Livonia, Zoning Board of Appeals Page 6 of 53 June 30, 2015 Pastor: Thank you. Henzi: Any other questions? I had a couple-- Caramagno: Mr. Chair. Henzi: Oh, go ahead. Caramagno: To go off of some of Craig’s questioning, you reduced this variance by six feet where did that--where did you take that out of? Robbins: It came out of the mud room and the storage room. Caramagno: Mud room meaning the utility room and the storage room? Robbins: Yes. Caramagno: When you looked at this knowing that you were still going to require a variance did you look for any other areas you could shape this a little differently maybe a little deeper therefore, not as close to the street? Robbins: Bigger depth would cause me to cover up the front window in my living room in my home. Caramagno: How about--is there no other area that that man door can be so you can bring this closer to your house? Robbins: I actually to put the door on the front of the home which I don’t think would be aesthetically pleasing as much. Caramagno: Okay, that’s all I’ve got for right now. Thank you. Henzi: Any other questions? I had a couple. Mr. Robbins you attached some architectural renderings, and I thank you for that they are very nice. Is this what the architect proposes this is going to look like? Is this exactly what you propose? Robbins: Yes. Henzi: And then when you were here last time we talked about the building materials quite a bit. Can you remind me about the shingles? Is it going to be the same color as the existing? Robbins: Yes. Henzi: Is it going to be a different material? Robbins: It will be a different material until I redo the home and the following up later on. Henzi: And why is that because you can’t match the existing material? Robbins: You can match the existing material but the roof that I am proposing will never have to be redone it will last a life time of the home. And it actually significantly more-- better roof than shingles are. Henzi: Okay. And then on your plans you’ve got a side entry garage with two little storage areas. One is for medical storage that is for your equipment that you need? City of Livonia, Zoning Board of Appeals Page 7 of 53 June 30, 2015 Robbins: Correct. Henzi: And then there will be a wall separating that and the utility room? Robbins: Correct. Henzi: What’s the utility room? Robbins: The utility room is where I am going relocate my furnace and water heater, that type of materials. Henzi: Got it. Okay. Any other questions? Coppola: Mr. Chair. Henzi: Mr. Coppola. Coppola: Just real quick, so what is the roofing material going to be? Robbins: It will be a steel roof. There’s quite a few in Livonia actually around. They are spread out but-- Coppola: So you’re going to--are you going to do the whole structure with a steel roof? Robbins: At this time no it will be just the garage. It will be the same color so you are not going to notice unless you are looking very closely at the home. But I will redo the roof at the--later on in the near future. Coppola: What are your plans to do with the shed in the back? Robbins: The shed will be removed. Coppola: That’s all I have. Henzi: Any other questions? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: The proposed addition on the south east side that doesn’t exist now? Robbins: Correct. Caramagno: What’s that--what is that going to be? Robbins: That will be a living room, I’ll be adding on to the existing living room there and making part of that a kitchen as well for an open concept home. Caramagno: You’re going back--how does that tie in with the back of the home? Robbins: It’s going to match the back of that existing addition that is there. Caramagno: When you say existing addition, are you talking about the L that piece here? Robbins: Yes. So just go farther across the home. Caramagno: And that will line up here all the way across? City of Livonia, Zoning Board of Appeals Page 8 of 53 June 30, 2015 Robbins: Not all the way across, it will go just about halfway the distance between the two. Caramagno: So they’ll be like two legs coming off the back here? Robbins: I’m redoing the entire roof line so it will be one big--it’s going to look the same as this it will just be wider--the roof line will. Caramagno: And when do you propose doing that? What’s your timeframe? Robbins: That will probably be next summer. Caramagno: The total width of the garage is 25 feet? Robbins: Yes. Caramagno: And the depth 33.6? Robbins: Yes. Caramagno: 33 and a half? Tell me again why so deep? You have a trailer you said? Robbins: Yeah, in the winter when I travel I need something inside the garage so that I can load and unload the trailer without having to be outside for my luggage. Caramagno: Okay, thank you. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Let’s go back to this trailer. You work for Ford right? Robbins: Yes. Pastor: Do they require you to have a trailer? Robbins: No. When I travel for my own pleasure for vacations and what not. Pastor: And you have a truck? Robbins: Yes. Pastor: Okay, I’m a little confused. Can’t you put the stuff in your truck? Robbins: It doesn’t always store enough. Pastor: Okay, let’s go back to your roof. You are planning on doing the garage addition in the metal roof next to a shingle roof and then propose next year to build another addition. What kind of roof are you putting on that? Robbins: When I do that addition next summer the entire house will be done in steel roof to match. Pastor: You can’t do the steel roof now on the rest of the house? Robbins: If that was the difference between the variance yes I can do it right now. Pastor: Okay, thank you. City of Livonia, Zoning Board of Appeals Page 9 of 53 June 30, 2015 Henzi: Any other questions? You talked about if approved that your garage will still be six feet farther from the property line than the neighbor two doors down, 30415. What about your next door neighbor at 30431? Robbins: I will be-- Henzi: If approved? Robbins: I will be fourteen feet in front of her home if that’s approved. Her garage is currently on that side and it sticks out that same fourteen feet in front of her home and then I will be in front of that. Henzi: Thank you. Any other questions? Hearing none, is there anyone who wants to speak for or against the project? If so, come on up to the table. Good evening. Knapp: Good evening. My name is Lesley Knapp, I’m attorney here to represent Angela Hancotte. Miss Hancotte has a brain injury so she has a written objection but also asked me to speak on her behalf if you have no objections. And I have some handouts here to just kind of help the Board see exactly what she is talking about. Henzi: Before you start Miss Knapp, I just want to make one thing clear. We will read the letter to ourselves-- Knapp: Absolutely. Henzi: --but we don’t read it out loud when someone is going to speak personally. Knapp: Absolutely. Henzi: So go ahead and take it away. Knapp: Okay. The first thing I would like to point to is the photograph that is of the first half dozen houses or so as you look up the picture that is Puritan. The affected house is the third one up. That’s Henry Ruff crossing from left to right. The third house up is Mr. Robbins’ home, the second house up from Henry Ruff is Miss Hancotte’s home. The prior homes that Mr. Robbins’ attorney addressed, the 27 homes that come out farther are virtually all east of Henry Ruff. As I’m sure everyone here is familiar, Puritan does have a difference in character between Middlebelt and Henry Ruff and between Merriman and Henry Ruff. If you look at this photograph you can see even as Puritan makes a slight curve to the right, other words to the north as you are heading west, those houses all still stay back. The only one that is up a little farther is the one on the corner to which you referred to earlier, that’s 30415. That home is one of the oldest in the neighborhood. It was actually built in 1951. Every other house is farther back within the setbacks. So obviously one of the concerns here for the--as many of the neighbors noted in their objections and specifically from Miss Hancotte, are the character of the neighborhood. I’m sure everybody knows there’s deer, there’s beautiful foliage there, and people enjoy that. Angela in particular who lives in the house immediately east to Mr. Robbins’ not only would be pretty much boxed in because of the house to her east and this proposed addition, her view and indeed the view of Mr. and Mrs. Smart who live in that corner home at 30415, her view would be destroyed out of both her living room and her family room. All she would see is the back of this garage. The Smarts likewise from their living room, City of Livonia, Zoning Board of Appeals Page 10 of 53 June 30, 2015 from their front porch, from their downstairs’ bathroom, from their kitchen and we all know how much everybody spends in a kitchen, their view would be of now the back of a garage. I do see that there are other options there and that is why we would refer you to the single picture which is of the northwest side of Mr. Robbins’ home. If you look, and it is a little cutoff, but there is a small window right in front there, at the time he bought this house that was in fact a door wall. The reason it was a door wall is because that was originally a one car garage. The prior owners converted it to a bedroom and put a door wall in. He then changed it to a smaller window. But you will note that there is still a driveway there. And there is still quite a large piece of asphalt. If you then look at the bottom picture on the final page that is a farther view of that and you can that the neighbor immediately to the west of Mr. Robbins would be minimally impacted by putting a garage in there. Not only is he fairly set off from the property line, but there is already a pretty significant tree line right there between the two homes. So we think that given that there was already a garage there, the minimal impact on the west side neighbor, and the fact that it is already asphalted makes that a much more logical place to have a garage. Or the home was originally platted by a previous owner at some point, it is on City records, as having a proposed attached garage in back with a breezeway. I will note if you look at my final picture which is the top picture on that page, there is a shed there that could easily be removed. But one thing that I would point out to you is that Mr. Robbins has already blocked up two windows on the back of his house. The one facing east from this white addition on the back of the house was a large window. In fact, it was a door wall when he bought it. So within the past year he has completely blocked that in. He has also blocked out a very large window, it was a three paned window in between the other two facing south. So he seems to be blocking out windows or minimizing them willy nilly and I think that he concern about blocking any of his front room window is somewhat over stated. I also think that there is absolutely no reason why he could not do a breezeway to the house if in fact he can’t manage a one car garage or reconverting the original garage and adding on to that to make it a two car garage. I would also note that his father is a contractor. I would suggest that if Mr. Robbins didn’t know what the setback ordinances were he should have known. I mean we all check these things before we buy a home especially in a home like that. And especially with the kind of health problems that he has. If he needed a garage and he was buying a house that didn’t have a garage one would think he would have checked on this before buying the house. Finally I would note that the drawings don’t really add up. The footage as set forth in the architectural drawing is actually larger by two and a half inches than the--I’m sorry two feet one and a half inches than what he is asking for. So we’re very--very concerned about this and we would ask that this Board deny the requested variance. Thank you. Hancotte: Do they have any questions? Knapp: Unless you have questions. Henzi: I want to ask you because I’m not clear. You’re stating that there was once a single car garage? Knapp: There was. Henzi: With a door that faced Puritan? City of Livonia, Zoning Board of Appeals Page 11 of 53 June 30, 2015 Knapp: Yes. Henzi: And it’s been removed and the access from the home to that garage was once a door wall that is now a window. Is that what you are telling me? Knapp: Correct, it was a door wall-- Hancotte: I’m sorry. Knapp: It was converted from a garage door to a door wall, they turned the garage into a bedroom. Hancotte: And additional living area. Knapp: And additional living area, we believe a bedroom. Hancotte: And we think there’s-- Henzi: So this little white structure at the rear of the home was once a garage? Knapp: No--no--no, the front, the north-- Henzi: Got it. Knapp: --west corner. Henzi: I see. Knapp: Okay, you came up the driveway and you went into the garage. Henzi: Got it. Knapp: They inserted an interior door there, I think, because it comes right off the living room. It may have already been there from the garage. But what they did was they basically turned it into additional living space. They turned the garage door into a door wall. Mr. Robbins removed the door wall and put in that small window. Henzi: Got it. Knapp: Okay, so what we are suggesting is that can be reconverted and extended to the west and it makes a lot more sense actually to do it that way. Henzi: Thank you. Knapp: Yeah, the reference--I’m sorry the east side is where we believe it is mismeasured. Hancotte: Of the addition. Knapp: Of the addition. Henzi: Okay. Thank you. Knapp: Okay, thank you. Henzi: Anybody else? Seeing no one coming forward, can you read the letters? Caramagno: Letters of approval from Andrew Fedor, 30485 Puritan (letter read), Ed Lamb, 30511 Puritan (letter read), Suzanne Shatter, 30510 Puritan (letter read). Letters City of Livonia, Zoning Board of Appeals Page 12 of 53 June 30, 2015 of objection from Therese Richard, 30425 Greenland (letter read), Carol Bonamici, 30511 Greenland (letter read), D. L. Zdeb, 30550 Wentworth (letter read), Sandra Benavides, 30414 Wentworth, (letter read), Karin Baugher, 30450 Wentworth (letter read), Doris Lohman, 30450 Wentworth (letter read), William McPherson, 30266 Puritan (letter read), Cheryl Matuscak, 30480 Puritan (letter read), Marlene Dickson, 30551 Puritan (letter read), Sharon Duncan, 15785 Doris (letter read), Drummond Williams, 15919 Doris (letter read), Mike Miller, 15981 Doris (letter read), Rosemary Pietka, 15905 Doris (letter read), Walter Salczynski, 30450 Puritan (letter read), Greg Wellarz, 30470 Wentworth (letter read), and James and Denise Smartt, 30415 Puritan (letter read). Henzi: Is that it? Mr. Robbins, Mr. Schouman, you have the opportunity for a closing statement. Robbins: Thank you. Schouman: Once again, I respectfully disagree with the fact that this proposal is really going to change the dynamics of this neighborhood. He is building fourteen feet in front of his one neighbor’s house on that one side. I don’t believe there are any other areas that are feasible for him to do this as stated by my client from the architect picking this area. The other side to the east of his has all the underground utilities for his water and his gas. This house was built prior to 1954, I believe that does raise the uniqueness of the situation. It has no garage, when my client bought the house it did not have a garage. All the changes that were suggested were simply window changes not that he actually got rid of a garage. Variances like this have been granted on this same street in the past. Two doors down, I believe the Smartt’s letter was read, that house is 6 feet in front of his neighbor’s house. They have that view because technically they are not conforming with the current regulations. But with that being said, my client has a condition. The architect has come out and taken a look at the property and determined this is the spot for it. He sought other locations for it. It appears that it is not feasible for one reason or the other that we have already presented here. I don’t believe this is going to change the neighborhood in any way shape or form. And I ask that you grant him the variance. Henzi: Thank you. I’ll close the public portion of the case and begin the Board’s comments with Mr. Sills. Sills: Well you obviously do not have the support of the neighborhood. You are like swimming up Niagara Falls. I don’t know how long your client has had his condition--his medical condition, could you tell me that? Schouman: I don’t specifically know myself. Robbins: About four years. Sills: About four years, and he has bought the house a year ago. So he knew at the time of buying the house that he had the condition and what was required with that condition. So based on--based on these facts I would either propose to table this petition again and have you look at it and see if you could downsize the garage or make some other proposal. But other than that I would have to deny it. I cannot support this petition. Henzi: Mr. Coppola. City of Livonia, Zoning Board of Appeals Page 13 of 53 June 30, 2015 Coppola: I kind of echo Mr. Sills’ comments. Again, I’m sympathetic to your condition however it appears that you did have the condition when you bought a house without a garage. Obviously would have had plans to something if that was a need and probably should have done a better job on your homework beforehand. With the level of objections from the neighborhood whether you deem them to be appropriate or not, based on what the zoning is the requirements and the objections, I have a hard time approving this variance. Henzi: Mr. Caramagno. Caramagno: Can you skip me, Mr. Chair. Henzi: Sure. Mr. Pastor. Pastor: I think I take the other side here. I think this is not a bad proposal. I think it will look great. It will improve the neighborhood. It sounds to me that this is more of a neighbor war than an issue about where this is being placed. The neighbors still have their backyards to look at. You don’t always get a chance to look all the way down the street when you build a house. There are many subdivisions in our City that have different setbacks in it, houses are different setbacks from others. I think I can support this variance. Henzi: Mr. Schepis. Schepis: Mr. Robbins, I agree that you have a need for this. You have a--the condition that you described as well as the fact that you don’t have a garage or a useable basement. At the same time, I mean--you know-- the level of objection from your neighbors would make it really hard--I would have a really hard time saying yes to this. Although as Mr. Sills said maybe this is something that needs to be looked at a little bit further to see if there’s something that can change whether it’s the utility room or something moving somewhere else and bringing it--the rest of the garage a little closer to the street. I don’t know but those are my thoughts. Henzi: Mr. Caramagno. Caramagno: I was sorting out obviously when you are reading you can’t make heads or tails for the most part. Other than I had to say the word objection a whole lot. And most of the objections that I was able to track here are the homes that immediately surround you with the exception of one. I asked you a question of where you got that six feet from when you remodeled this thing for round two here today. You said you pushed it back. And then I leaned in with the question of the man door there where I feel that maybe there’s an opportunity to get more floor space if you look at it again and bring this thing in. If you tightened up that variance a little I would be likely to support this thing with the steel roof. I think you’ve got to go a little further with this kind of opposition. You’ve got these people in an uproar--somebody has them in an uproar about something and it’s their neighborhood. Rightfully so more than not and I think you’ve some opportunity here to adjust it. Henzi: I agree in large part with Mr. Caramagno. I’m not convinced that there is anything more than mere inconvenience. I’m not convinced that this garage can’t go on the City of Livonia, Zoning Board of Appeals Page 14 of 53 June 30, 2015 eastside and I’m not convinced that the garage has to be as deep as it is. I would request a tabling resolution, ask the petitioner to come back. This does change the character of the neighborhood. You’ve got folks who are looking out their window at green grass and if we approve this they are going to be looking at the back of a garage. That changes their lives. And to me quite frankly it was very critical that I learned what we all thought which was why is there no garage on the side of the driveway. That makes perfect sense, you drive up and down Puritan and everyone’s got the side garage. There was a garage there. I don’t know why if we’re going put a lot of money into this house why we don’t make it look like it probably was imagined to look like a long time ago. Instead we are being told this is my plan, this is what the architect says, like it or lump it. I think we can do better. I won’t approve it, I’ll ask for a tabling resolution. Sills: Mr. Chair. Henzi: Mr. Sills. Upon Motion by Sills supported by Pastor, it was: RESOLVED: APPEAL CASE NO. 2015-04-12: An appeal has been made to the Zoning Board of Appeals by Derek Robbins, 30451 Puritan, Livonia, MI 48154, seeking to construct an addition, to include attached garage, resulting in deficient front yard setback. Front Yard Setback: Required: 50 ft. Proposed 36 ft. Deficient: 14 ft. The property is located on the south side of Puritan (30451), between Merriman and Henry Ruff, Lot. No. 055-01-0083-000, RUF Zoning District. Rejected by the Inspection be tabled to allow Department under Zoning Ordinance 543, Section 5.05, “Front Yard,” the petitioner an opportunity to consider the Board’s comments and provide a revised plan that will be more acceptable to the neighboring homeowners. ROLL CALL VOTE: AYES: Sills, Pastor, Schepis, Coppola, Caramagno, Henzi NAYS: None City of Livonia, Zoning Board of Appeals Page 15 of 53 June 30, 2015 ABSENT: Bowling th Henzi: The variance--the request was tabled. The next available meeting is July 28 but you have to have your paperwork in by--City Hall is closed on Friday so by Thursday. th Otherwise the next available meeting is August 11. I will tell you what I tell every petitioner in a tabled case. You don’t have to make any changes if you don’t want, you can make radical changes, you can make compromised changes, but what I do suggest is just take what you heard around the table, consider that for when you come back. So then you don’t have to pay the fee to be rescheduled, you just call and talk to Marilyn in the ZBA office and she will give you a new date Schouman: Thank you very much. City of Livonia, Zoning Board of Appeals Page 16 of 53 June 30, 2015 APPEAL CASE NO. . 2015-06-32: An appeal has been made to the Zoning Board of Appeals by Edward Collins, 9659 Wayne, Livonia, MI 48150, seeking to maintain a “non- home occupation” which involves the processing and retail sales of firewood, which is prohibited on residentially zoned property. The property is located on the west side of Wayne (9659), between West Chicago and Parkdale, Lot. No. 130-02-0012-002, RUF Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 3.08, “District Regulations”, and Section 4.02,(3), “Permitted Uses.” Henzi: Mr. Fisher, can you explain to us what a non--what the phrase non-home occupation means? Fisher: Well in your zoning book if you have one, you have in section 4.02 a discussion of--actually this is 4.02 (g)(3), you have a discussion of home occupations. And it says-- it lays out the criteria for home occupations. One is that the activity is conducted entirely in a completely enclosed dwelling unit. It entails neither the use of more than 20 percent of the usable floor area of that dwelling nor any garage detached or attached. Well already this is outside that parameter because this business is basically conducted outside. And the inventory is stored outside. Henzi: Okay, thank you. Mr. Hanosh, anything to add to this case? Hanosh: Nothing at this time, Mr. Chair. Henzi: Any questions for Mr. Hanosh? I have one, do you know how this case came to your department’s attention? Hanosh: It came in through a complaint that was brought on by the ordinance department st and that was on May 21. Henzi: And then you issued a violation and then he must have very timely applied for a variance? Hanosh: Yes. Henzi: Okay, thank you. Will the petitioner please come to the table? Good evening. Collins: Good evening, Board. Henzi: Can you tell us your name and address? Collins: Edward Collins, 9659 Wayne Road. Henzi: Okay, Mr. Collins, go ahead and tell us why you want to keep the firewood business. Collins: Well I live on 2.2 acres in Livonia and I have actually been selling firewood for three years. Working closely with one of the code enforcement officers, Mr. Scott Kearfott who has actually Scott has my cell phone number so if he has any concerns he can reach me directly. And over the about the three year period he has had a couple concerns City of Livonia, Zoning Board of Appeals Page 17 of 53 June 30, 2015 which he has brought to me and I’ve addressed immediately. And I’ve been selling the wood with the full knowledge of the building department of the City of Livonia. I was kind of flabbergasted when all of a sudden I got a phone call from Scott saying that they had received a few complaints and that it was the same individual and they were not leaving their name or their address so they would not act on those complaints as the building department. Approximately four weeks later I got--received a call from him saying that the complaints are rolling in now to directly quote him. And that I needed to stop selling wood. And I asked him at that point in time well are they leaving their name and their address? And there was a pause and he said well it doesn’t matter my boss drove by and said “no way.” And he then asked what I was going to do. And I said well I guess I’m going to wait for your violation. And I received a cease and desist letter shortly thereafter which I complied with. I was given six days to comply with that which was a massive undertaking but I did comply with it. And I’m just kind of flabbergasted as to why after three years working closely with Livonia’s Building Department all of a sudden we reached a critical mass. So I--I’m trying to follow the normal procedure here. I actually was going to apply for a zoning change but was recommended by a gentleman at the planning commission to start here. So here I am. Henzi: Is this a part-time business? Collins: It is. It’s something I do to support my family so that my wife can stay home and raise my children. Henzi: Do you work full-time? Collins: I do work full-time. Henzi: All right, just tell us what the business consists of. Obviously we know you are splitting wood but-- Collins: Yeah, but no-- Henzi: --tells us the kind of machinery, noise, the hours? Collins: I try to keep it real with the noise. We typically try not to start doing anything before nine. We try to knock it off in the evening before--you know--it’s going to bother anybody. We do use a log splitter. We do use chain saws. I’m on like I said 2.2 acres. The side of my property that I do this on I have a lot of woods that border my neighbor on that side and then the neighbors on West Chicago are approximately--I don’t know my lot is 300 feet wide so they are quite a ways a way. And I’m right on Wayne Road which is incredibly noisy to begin with. So we use a quad runner with a trailer, a chain saw and a log splitter. I get the wood from a Livonia tree service. It would typically go to a landfill or I guess there is a place in Livonia where they take the wood and they use it to generate electricity. So instead of that being dropped off there where he pays to drop it off and it gets trucked over to Genesee somewhere where they use it to generate electricity, I turn it into firewood and sell it to typically Livonia residents many of which live directly behind me who are now very upset that I can no longer sell them wood. I still have people stopping at my house on a very regular basis almost daily asking me what happened. City of Livonia, Zoning Board of Appeals Page 18 of 53 June 30, 2015 Henzi: Are all of your customers folks that drive up and just get a cord of wood, a basket, anything? Collins: I was selling anything from a 16 face cord up to a full face cord. And I have--I put a driveway alarm on a tree that rings in the house if someone shows up so I know someone is there. They show up, we have a friendly conversation, they tell me what they want to get, they back up, they load up their wood and away they go. Henzi: Okay, any questions? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: You said you start at nine in the morning but you did not say what time you stopped at night. Collins: Typically we try to stop by eight at the latest and I’m open to having--if it is a concern of the Board’s that more reasonable hours are kept, I’m more than happy to accommodate that. Or any of my neighbors. Actually my neighbors before you guys if they have a concern with it. Pastor: How did you cease and desist? I saw a large amount of wood still there. I saw a log splitter still there. Collins: Mm-hmm. I have--I have--I burn wood for heat as well. Pastor: So you’re going to splitting wood there even if you are not selling it there? Collins: That is correct. Pastor: I saw a very large amount of wood there. Collins: Probably close to a 130 face cords. Pastor: How much do you burn a year? Collins: I probably burn--last year that I counted I burned 30 face cords. Pastor: So basically enough for three plus years? Collins: Right. Pastor: Okay, that’s all for right now. Henzi: Any other questions? Sills: Mr. Chair. Henzi: Mr. Sills. Sills: To the petitioner, how long would you say that you would store the wood on your property? Collins: Could you be more specific, sir? Sills: Yes. As Craig mentioned there is an awful lot of wood on your property right now. So it depends on how fast you can sell it and if you keep the wood there for any length of City of Livonia, Zoning Board of Appeals Page 19 of 53 June 30, 2015 time it would only attract rabbits and rats and whatever else--some other vermin would get into that wood. Collins: Well I store the wood according to what Mr. Kearfott told me I needed to do. He said it needed to be 12 inches off the ground and behind the rear plane of my house. And I’ve complied with that. As far as animals, I’ve got just about everyone you can find in Livonia and I don’t really think it has anything to do with the wood. I’ve had deer. I have coyotes. I have raccoons. I have rabbits. I have a deer living in my woods right now and a fawn. I personally don’t believe it has anything to do with the wood but that was something that was addressed very early on with Mr. Kearfott. Apparently some of my racks were in front of the rear plane, he asked me to move them. I immediately emptied those racks and moved them behind the rear plane of the house. I store the wood on cinder blocks which are eight inches and pallets which are four inches off they are 12 inches off the ground. And I do--and I’ll be completely frank with you I have saw a rat or two as well as several of my neighbors. And a lot of that issue was a couple of neighbors were feeding the birds with bird seed. We put out some poison, they stopped feeding the birds. I used to actually--I have a big garden I used to have a lot of berries, we got rid of the berries and I haven’t seen a rat since. But I think a lot of people in Livonia have rat problems. Sills: The other question I had would--you say you’re working with an agreement with the City with this? Collins: Well, I don’t have a formal agreement, sir. Every time--as I said Mr. Kearfott apparently is assigned to my neck of the woods so I gave him my cell phone number and I said--we were on a first name basis and I said Scott if you ever have any problems, if you ever need me to do anything, give me a call and let me know. Originally I had a sign that I made that stuck in the ground so it could it be seen by traffic going down Wayne Road from either direction, he told me it was too obvious. So I removed it. I actually wanted to have the same type of sign that someone right down the road from me has. There’s a gentleman just the other side of Ten Yen that has a tax business that he runs out of a house in a residential lot. And all he did was put a sign that says Tax Time on his mail box post. And I asked if I could do that, he didn’t want me to have a sign that close to the road even though he acknowledged that that sign was against the zoning ordinance. Sills: What did the sign say? Collins: It said Tax Time. So I said can I just put one that says firewood for sale. I’ll put it right on my mailbox post. He told me no even though he acknowledged that that violated the sign ordinance in the City, he told me he didn’t want me to do that, he wanted me to have something farther back from the road. Which I did, I put a firewood for sale sign on one of my racks that faced my neighbors across Wayne Road. It wasn’t advantageous for me because it was harder for anybody to see but I did it to satisfy him. Sills: Did you have anything in writing from the City or any City official saying that you could sell this wood? Collins: No, I’m a handshake. City of Livonia, Zoning Board of Appeals Page 20 of 53 June 30, 2015 Sills: In the event that you have a neighbor that would challenge you that you could show them-- Collins: Of course not, sir. I’m a hand shake kind of guy. Mr. Kearfott expressed concerns and I addressed them and for three years everything was fine. Sills: Okay. I don’t have anymore, Mr. Chair. Henzi: Any more questions? Fisher: Mr. Chair, can I ask a couple? Henzi: Mr. Fisher. Fisher: You said you were initially starting a rezoning, what district were you going to rezone it to? Collins: I was going to apply for AG because my understanding of AG is that it is--is that it is approved to be able to process and sell forestry products. Fisher: Okay. Second question, when you called to complain to me about an inspector coming on your property, what inspector was that? Was that Mr. Kearfott? Collins: I didn’t say it was an inspector, I said someone was on my property shooting video. My wife called me while I was at work and said something about somebody being on my property taking pictures or making notes or shooting video. And I actually took your advice sir. After I removed the racks I put a no trespassing private property sign on my tree so that I wouldn’t have to have that concern anymore. Fisher: Okay, thank you. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: You gave us a little sketch here of your operation. Collins: Mm-hmm. Pastor: And you are saying you have racks fairly close to the road, sales racks. Collins: I don’t anymore sir. I did. Pastor: Okay. Collins: At this point I have nothing near the road. Everything is behind the rear plane of my house. Pastor: No, I don’t know if I agree with that. When I went there this afternoon it looked like you had some of your log splitting equipment in front of the house, on the side. Collins: Where they dump the wood? Pastor: Mm-hmm. Collins: Absolutely, I won’t argue that point with you at all. Where I store the wood is behind the rear plane of the house which is all Mr. Kearfott ever asked me to do. He City of Livonia, Zoning Board of Appeals Page 21 of 53 June 30, 2015 asked me to have my firewood racks for storing the firewood behind the rear plane and that is what I did. I’m not going to--I’m not here to shuck and jive anybody. They--DNR brings the wood in, they dump it where you saw it and I have the log splitter set up there and we process it and immediately put it in the racks in the rear plane of the house as fast as we can. Pastor: How often are you processing this wood? Collins: It is kind of a continual process. At--I don’t get it--sometimes I can go a week-- ten days--two weeks, DNR doesn’t drop everything, they only drop hardwoods for me. Customers don’t want pine and soft woods so they may go a week or two weeks where they’re cutting down a bunch of pine trees or cotton woods or things like that and I don’t get any wood. Then there may be--they might drop at my house three days in a row. So it is sporadic. Pastor: Okay, let me go here. How many days a week are you processing wood. I don’t care how often they drop it off, because right now you have some very large logs that take a lot of time to process. So how many days a week are you processing logs? Collins: Are you asking me for--well I don’t know how to address that unless you are asking me to guess at an average? Because I just stated it sporadic. Right now, none. But if I had to say what the average would be I would probably guess three days a week. Pastor: So you are processing wood only three days a week? Collins: On average that would be what I would guess because of its sporadic nature. Pastor: On the heavy times are you seven days a week? Collins: No, I’ve never been seven days a week. As a matter of fact I’ve actually had one of my neighbors came up and asked me--they were having some kind of party, the neighbor behind me and they asked me not to process on Sunday, just a specific Sunday. And I actually thought about it and I talked it over with my wife and I said you know what we probably shouldn’t process on any Sunday just to be respectful. So we decided not to do that. One of the concerns that Mr. Kearfott had was that we be able to contain it, not have it spread out so much, and try to keep it cleaned up. So when it get drops-- when it gets dropped we try to jump on it and get it processed. I have a couple of Livonia high school kids that help me out and when we--I actually just had them start for me. And when they drop it we try to jump on it, get it contained, get it shrunk down, get it put on the racks and clean up. So that is what we try to do. Pastor: So are you processing more during the week or more during the weekend? Collins: More during the week. Pastor: So your nine o’clock in the morning would not be happening because I assume you are at work at nine o’clock in the morning. Collins: Those two young bucks are out of school for the summer. Pastor: So you’re-- City of Livonia, Zoning Board of Appeals Page 22 of 53 June 30, 2015 Collins: I’m getting a little long in the tooth to be out there processing firewood all the time so. Pastor: So you’ve got some high school kids unsupervised with chain saws, log splitters- - Collins: Actually I do all the cutting. Pastor: That will be it for right now. Coppola: Mr. Chair. Henzi: Mr. Coppola. Coppola: Just a couple small questions. When did you purchase the property? Collins: Five--six years ago. To be frank I don’t know the exact date, five or six years ago. Coppola: But you’ve owned it longer than you’ve been processing wood? Collins: Yes. Coppola: Okay. In the scenario that you were approved for a variance what type of signage would you be suggesting that you would be using to advertise your business? Collins: I’d be more than open--actually it’s gotten to the point now that I don’t know if I would even need signage because basically all these people that have been showing up in my house asking why I don’t have firewood any more I just told if you see the racks back up stop on in. I would--ideally I would be more than happy to have the same thing the Tax Time guy has, just a little sign attached to my mail box that says firewood for sale. But I’m more than open for discussion on that. Coppola: Okay. Last question, is your business insured? Collins: I have homeowners insurance. Coppola: You don’t have any liability insurance, worker’s comp insurance for the people working for you? Collins: Not per se no. Coppola: Okay, that’s all I have. Schepis: Mr. Chair. Henzi: Mr. Schepis. Schepis: I’m going to follow up on what Mr. Pastor asked about how often you are doing this. So if DNR tree service drops off you know a truck load of wood, how long does it take you to process that? Collins: Typically if its--if it was a single--they use dump trucks. Schepis: Mm-hmm. Collins: So if it is a single dump truck I would say about three days. City of Livonia, Zoning Board of Appeals Page 23 of 53 June 30, 2015 Schepis: And do you ever get more than one delivery in a week? Collins: Mm-hmm. Schepis: Okay. Collins: Like I said it is sporadic. They could come three days in a row. Schepis: Okay. So I guess here is what my question is. Is this something where this goes on every day for six days or for two weeks, every day from nine to five, six, seven o’clock whatever it is for a week, two weeks, three weeks in a row and then it paused for a while because you haven’t got a delivery, so there is not work going on for a couple of weeks or a week whatever it is? Collins: It actually recently it hasn’t been--I haven’t really had many people processing wood at all. I’ve been between people helping me out so I haven’t had people really processing too much at all. But I would be remiss if I said there weren’t periods where it probably went on for at least several days out of a week for more--on a regular basis two- -three weeks at a time, sure. Schepis: Is it more or less year round or is it kind of off in the winter? Collins: No it is year round. I mean basically if they’re cutting trees and I’m getting wood that is when it is happening. Schepis: Okay, thank you. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Let’s go back to DNR again. Collins: Mm-hmm. Pastor: They are a large company. I actually have a hard time believing they won’t dump some hardwoods there for weeks on time. And I also can believe they can dump three or four trucks a day there. I am kind of thinking you may be cutting a little bit more than you are representing. I don’t know I am just putting that out there. Collins: I’ve actually had to contact the gentleman that owns DNR a few times in the last week to tell him I am ready for wood because he hasn’t been dumping any wood. DNR is a relatively good size company but a lot of the work they do though is for the City of Detroit where they trim power lines and I typically don’t’ get any of that wood. He--I’ve gotten texts many times saying hey I need some wood and he texts back saying hey we’re doing pine trees right now I don’t have anything for you. So I understand your skepticism but I hope I am not representing myself like I am evading any honest answers here because I haven’t had a drop from DNR I don’t know--I think I have had one in the last two weeks because he just hasn’t had any hardwoods. Pastor: Yeah, but you said you ceased and desists, how long ago did you do that? Collins: Well I am still processing wood for myself. Pastor: So you haven’t really ceased and desist? You just-- City of Livonia, Zoning Board of Appeals Page 24 of 53 June 30, 2015 Collins: I didn’t say that-- Pastor: --not selling it. Collins: Right, that was the cease and desist. Pastor: You are still cutting it, you are still stock piling it? Collins: Right, and that’s going to happen regardless whether I am selling it or not. Pastor: Well I don’t think it is going to happen to the extent of sales. Collins: Okay. I would have to agree with that. Obviously if I am selling wood I’m going to process more of it without a doubt. Pastor: So--okay, that’s it for right now. Henzi: I’ve got a few questions. What season are you busiest? Collins: Summer for the people who burn outdoors, bonfires and things of that nature. And then we get really busy in the fall, people stocking up for winter. And then it kind of tapers off and kind of steadies out people that are burning--the holidays I get spikes around the holidays, Christmas people want a fire, you know wood in the fireplace, that kind of thing. But the summer--the summer is very steadily busy. I get a spike in the fall people preparing for winter and then I get busy around the holidays. Henzi: Is that true for sales and processing what you just described? Collins: No--no. Henzi: Okay, what’s your busy season for processing? Collins: Summer, because that is when they are out cutting the most trees. Henzi: Okay. When somebody comes by to get various sizes, cords of wood, how do you get it into a truck? Do you have a bobcat something like that? Collins: No, they load the wood into their own vehicle. They back right up to the racks and load it into their own vehicles. Henzi: Do you or somebody on your behalf deliver wood to folks that want you to sell it to them? Collins: No, I was more than happy to just have people come pick it up. Henzi: What are the two high school kids during the course of the summer while you are at work? Collins: I just actually got two kids. My daughter’s softball coach his kids got out of high school and were looking for something to do. So I am going to cut up the wood because neither I nor the coach are comfortable with their kids running a chain saw. So I’m going to cut up the wood and they’re going to operating the ATV and the trailer, split the wood and put it in the storage racks where it can season. That’s their responsibilities as well as clean up. City of Livonia, Zoning Board of Appeals Page 25 of 53 June 30, 2015 Henzi: Do you know how important it is to get insurance? You realize you are asking this Board to have a couple of teenagers out there with ATV’s hauling wood-- Collins: I’ll get insurance if you want insurance. Henzi: Okay. Collins: I’d be--are you asking for liability straight up or like an umbrella policy on my property? Henzi: It’s incredibly dangerous for you but now that you have come before a City sponsored Board I can’t approve this unless you’ve got insurance so I am happy to hear that you would be willing to get it if we approved it. Collins: Absolutely Henzi: How did this come about? Was it because you’ve got a wood burning stove and figured hey I’ve got the equipment I might as well sell it? Collins: Kind of. When we bought the property, the property is very large, I could have a cow. So I was kind of looking to--we were looking for ways to make some extra income so my wife could stay at home with my kids. It’s important to both of us that she stay at home for the kinds--you know that we are there for them and that we raise them right. It’s just a belief that we have that it is good to have a parent home and available in case of emergencies and things like that. So I--we were looking for a way. We thought about the--honestly the RUF because my property is kind of weird. Like half of it is R1, half of it is RUF. So we thought about doing the greenhouse thing, and all that, setting up a fruit stand out front and all that. But we just because--basically it is because what you said because we already processed wood for our own use it seemed like a natural progression. Henzi: Did you use the same equipment or did you have to upgrade for more commercial size? Collins: No, I have a very small quad runner. I--to be perfectly frank, I did buy a better chain saw. I bought a farm and ranch saw as opposed to a homeowners saw. I didn’t buy a commercial logging saw just because you wear them out quick when you process that much wood. But I have a Honda 250 ATV which is not a big ATV by any means. An old trailer that is probably from the ‘50s and a log splitter I went to Lowes and bought. Henzi: Would you--would you say the equipment that you have is appropriate if you were only using it for your personal use and equally appropriate if you sell the firewood? Collins: I would yeah because my original saw that I had I basically wore it out. So using wood for heat I would have bought a better saw this time which is what I did. I actually downgraded my ATV I used to have a 400cc Artic Cat, I now have a 250cc Honda. So I actually downgraded that because I didn’t need such a big quad. And the log splitter is a log splitter--the size of the log splitter is a log splitter I would bought either way. Henzi: Last question. If the Board is interested in approving this would you be open to conditions of time that you process wood, stuff like that? Collins: Absolutely. City of Livonia, Zoning Board of Appeals Page 26 of 53 June 30, 2015 Henzi: You know whatever we come up with? Collins: No, I would be absolutely open to that discussion. Henzi: Okay. Collins: If what I am doing is upsetting my neighbors and I need to stick to certain hours I would be more than happy to try and accommodate that. Henzi: I don’t know if we are headed that way but I just figured I would ask before--okay. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Mr. Fisher, would RUF allow him to do this? Fisher: No that’s--I think that is what his zoning is anyhow but that--no this is not an office- -no this is not RUF. Collins: I think half is. Fisher: I would have said it is not permitted under RUF either. The theory that he offered was that AG would permit it but I am not a hundred percent sure about that but I don’t think we have any AG zoned property left in the City except certain buffer areas. We don’t have any actual AG--AG in other words. Pastor: So RUF does not lend him to do anything like this? Fisher: No this is clearly a violation. Pastor: Okay, thank you. Henzi: Mr. Fisher to follow up on that. So this is a use variance so he needs five votes? Fisher: Yep. Henzi: Any other questions? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: Just so I can get a little clearer picture. You have a full time job and that is what? Collins: I am a maintenance supervisor for a town house cooperative. Caramagno: Okay, that keeps you busy? Collins: Approximately 45 hours a week. Caramagno: Your kids’ age? Collins: Eleven and fifteen. Caramagno: So you got coming up on--a teenager and coming up. The wood processing and selling did you do that prior to moving in this house? City of Livonia, Zoning Board of Appeals Page 27 of 53 June 30, 2015 Collins: No, I kind of had it in the back of my mind when we bought this particular property. We used to live on Orangelawn not far at all right across Wayne Road. So we did burn wood there as well but I kind of had the thought in the back of my head I didn’t know--I knew the property was RUF I guess I like the last case should have done my homework. I figured RUF selling firewood wouldn’t be a big deal but apparently it is. Caramagno: If you were not approved tonight would you continue this business somewhere else? Collins: I don’t know where else I would continue it. I would have to try to secure--my understanding is you guys would probably know this better than me I would have to have commercial property if it is not approved for RUF. My next stop would be what my initial stop was going to be until I was given different advice, I would probably go for a zoning change. Not that I am completely hopeful about that happening but I’m trying to play the tape through. Caramagno: So no zoning--if you didn’t get this, if you didn’t get your zoning change, would you expand that on a commercial piece of property? The operation? Collins: I would have to examine the cost of that. I mean that’s just being honest. I don’t know what that would cost. I mean commercial property in Livonia I would imagine is pretty expensive. I don’t know that I can afford that. My wife doesn’t work, and I’m doing what I’m doing to try to allow her to not work. I don’t know that I have the money to do that sir. Caramagno: My other questions have been asked. Thank you. Henzi: 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. Collins: I go now? Henzi: Yes. Good evening. Bidwell: Good evening. My name is Karen Bidwell. I live at 9958 Wayne Road. I am kind of kiddy corner across the street at the corner of Pine Tree and Wayne Road. When he started his quote on quote business on his property three years ago, everyone in the neighborhood was under the impression that he had been laid off, out of work and was doing this to help you know make ends meet not as a permanent job. And they had been cutting up until recently from eight--nine in the morning until way after dark at night especially during the winter it could go past ten o’clock at night. I’m across the street and it gets hot on the second floor even in the winter and I open up a window I can hear it. Over the TV I can hear him buzzing and buzzing and it is nonstop. It has been nonstop except when he had to ceases and dismiss (sic). And we thought that it was until he could go back to work. We didn’t realize that he was employed and hiring people to do the buzzing for him. We are tired of the noise, we are tired of the smell. We don’t want the neighborhood to get rat infested. And if he wants it as a commercial property well gee could I start a business in my home or in my garage without telling the City? Or getting any zoning for it? This is residential. We are all RUF in that area and we want to stay residential and RUF. If he wants a business he can get a commercial property and City of Livonia, Zoning Board of Appeals Page 28 of 53 June 30, 2015 handle his business like everybody else. Just because you are on a big piece of property- -as a matter of fact the woods he talks about he has gutted that. He has it on the border but he has gutted the center of it cutting it down and selling it. So no, we are not in favor of his little business of buzz sawing wood for 12 hours a day. Thank you. Henzi: Thank you. Pastor: Excuse me, Miss. Bidwell: Yes. Pastor: If he was laid off and unemployed would have supported him then? Bidwell: Well not at this point, I mean it is getting to the point that this is just plain ridiculous. But in the beginning-- Pastor: Well you did support him when you thought that? Bidwell: In the beginning that is what we thought that he-- William Bidwell: I wouldn’t say that we support it. You like to cut your neighbors some slack and be a little bit understanding but this has been going on for three years now and it is at this it is too much. Henzi: Your name sir? William Bidwell: William Bidwell, I live with--we’re married. Henzi: Same address? William Bidwell: Yeah. And as far as the noise, we are on the other side of Wayne Road a couple of properties north and it is very annoying to us. I can’t imagine what it is like to be living behind him or closer like some of these other people that have to put up with it. Pastor: Thank you. Karen Bidwell: Thank you. Henzi: Thanks. Anybody else? Good evening. Groves: Good evening. I would-- Henzi: Your name and address, please? Groves: My name is John Groves. I live at 100--my wife and I live at 10053 Wayne Road. That is directly to the north of Mr. Collins’ property. We share a common border from the back fence all the way to Wayne Road. I am his closest neighbor per se. I am retired-- my wife and I are both retired. I have been a resident of Livonia for 40 years and I am a United States Army veteran. Initially when Mr. Collins wanted to cut wood I thought it was for his own use. And I want to be a good neighbor, I want to get along with everybody. And then I noticed that he had a for sale sign for wood. And then I didn’t think a great deal of that, I didn’t think it would go very far and I’m not against somebody trying to make some money but as it progressed his enterprise picked up. Now when he says he cuts from nine in the morning until eight at night well if you add up the hours that’s eleven hours out of a day that you are listening to chain saw. My window is 50 yards from where City of Livonia, Zoning Board of Appeals Page 29 of 53 June 30, 2015 he cuts his wood. I have to wake up in the morning to that stuff. And to the evening quite often. Now, the noise is unbelievable. I do know that there are safety procedures that you are supposed to follow. You are supposed to cut this stuff with headphones, I mean to cover your hearing because the decibel level is usually over a 100 decibels on these chain saws. And you are supposed to wear protective equipment. The other thing is the environmental issue is that the byproduct of his operation is sawdust, chips, and bark. Well what he has been doing, he has been doing a lot of burning. And the burning and fumes, I have to close my windows and it still gets into my house. You know, you are not allowed to bring wood from areas and take them up north because of these bugs that inhabit the wood, any I have had a bunch of these emerald bugs you know every fall they migrate. And they are a problem up north as invasive species. I try to be a good neighbor as long as I could and I just respectfully disagree about having him with a business enterprise there. He has expanded far too far already. He has affected the peace and tranquility of our neighborhood. I don’t know about you guys, how would you like to hear a chain saw buzzing at nine o’clock in the morning you know Sunday morning or you know any morning if you are trying to sleep in? I don’t think you would like it. And like I said, I tried to be a good neighbor about this and I’ve virtually--I’ve been kind of waiting for the City to do something about it. I don’t want to be confrontational but I do remember the times when I moved in. I bought my house and it said country living in the City. And I do have a lot of wild animals. I haven’t been able to work on my yard because I have a doe and a young fawn running around in the back of my house. And I love wildlife. But this cutting and burning is just too much, it is over the top. Henzi: Mr. Groves, how often does the burning occur? Groves: A number of times a week and a lot of times it is in the dark hours. Henzi: For how long? Groves: It has been going on for a couple of years. Henzi: What I mean was let’s say he does it three nights a week, for how many hours is he burning? Groves: Well I wouldn’t say he burns it for maybe three or four hours. Henzi: Okay. Groves: And I do know that they have burning in trash barrels which I have seen, the burning in trash barrels. And the byproduct of this operation is oil tainted saw dust chips and bark. And it becomes quite smoky. And a lot of times you shut the windows all you want but it still permeates into your house and your dwelling. Henzi: Okay, thank you. Any other questions? Groves: Any other questions? Thank you very much for your time. Henzi: Thank you. Anybody else? Nedam: Hi, I’m Khris Nedam. I live at 9936 Hambleton so our property backs up to the property we are talking about. And I have my letter I didn’t get it sent in so I brought it with me. I don’t know if I need to hand it in. Our biggest concern is that we back up to City of Livonia, Zoning Board of Appeals Page 30 of 53 June 30, 2015 the property so we hear the chain saw. I work full-time, I’m a single parent so I have my two kids at home and I work two jobs. So coming home in evening and hearing the chain saws at night. We use our backyard especially in the summer time to eat out and grill and there has been many times that we’ve moved indoors because we can’t sit outside and talk and have a nice evening. The Saturdays and Sundays when we are home and want to be in our backyard we’ve had to move inside several times because of the noise. We can’t enjoy our backyard like we like to so that has been a real issue for us. We are also concerned if it gets rezoned and something else moves in there we want to keep it residential. We’ve been there for 18 years and that is why we like the area, we like the residential. Henzi: Thank you. Is there anyone else that wants to speak for or against the project? Seeing no one-- Lech: I do. Henzi: Come on up. Lech: I already sent my letter. My name is Janice Lech, 34964 West Chicago. I’m not home much but when I am I do hear the buzzing. And I try to be quiet about because I always assumed he was just doing it for personal use. Selling what he could just the excess. But he seems to be hiring people more and more. This is becoming a full fledge business in a residential area. I just see it is getting worse. And property values are just going to drop if I go to sell it and the people see what is going on because it is right in the back yard. So I’m not too thrilled so I basically just want it to stop. Henzi: Thank you. Lech: Okay. Henzi: Anybody else? Hearing none, can you read the letters? Caramagno: We have an approval from Mary Quinn, 9970 Hambleton (letter read), Thomas Berry, 9971 Hambleton (letter read), Todd Erickson and Karen Rea, 35105 West Chicago (letter read), Michaelene Tuttle, 34922 West Chicago (letter read), Floyd Conley, 9676 Wayne (letter read), Lisa LaBerge, 35148 Richland (letter read) and letters of objection from William Bidwell, 9958 Wayne (letter read), Dorothy Hoskins, 10221 Wayne (letter read), John Kalajian, 34950 West Chicago (letter read), Kevin Shellenbarger, 34980 West Chicago (letter read), John Stahey, 35150 West Chicago (letter read), William Partykula, Jr., 9916 Wayne (letter read), Sam Geng, 34950 West Chicago (letter read), John Groves, 10053 Wayne (letter not read, writer spoke), Janice Lech, 34964 West Chicago (letter read), and Eunice Free, 35151 Richland (letter read). Henzi: A couple of you who spoke also sent in letters which we read to ourselves. We don’t read them out loud. Mr. Collins, you have to opportunity for a closing statement. Collins: Wayne Road is an incredibly busy road. I wish--many times would rather hear a chain saw then all the rap music blasting out of the cars going down Wayne Road. That is why I take all the concerns of my neighbors seriously. If anyone was seeking peace and tranquility anywhere along Wayne Road is not the place to look for it. It is incredibly loud. The burning issue was an issue addressed some time ago Mr. Kearfott. At that City of Livonia, Zoning Board of Appeals Page 31 of 53 June 30, 2015 point I stopped burning debris. We actually dump the debris in our woods. I do have bonfires. I have a fire pit, I do not have a trash barrel. I don’t know who thinks they saw one. But I do have a four foot fire ring that’s this tall. So I don’t know where anyone thinks they saw a trash barrel on my property, there isn’t one. But we have cut way back on that due--well we have fires ourselves now--bonfires. We have a seating area around the fire pit where we sit and have fires. It’s not used to dispose of debris. We use it to fill in low spots and we dump it in our woods to keep the weeds and the undergrowth down and the ivy and things like that. Again, all I can say is that I’m willing to address any of these issues as far as the hours, the days the processing is. And I have a five wide driveway and I really don’t think there is an issue as far as traffic jams or safety issues regarding people pulling in occasionally to buy some firewood. I’ve got plenty of room for them to park and turn around and load. I mean I had the school bus rear ended in front of my house and that had nothing to do with me selling firewood. So I don’t think I create any traffic hazards. I’m open to discussing the insurance issue and like I said I don’t want to cheese off my neighbors if my neighbors have problems with the noise hour wise and day wise, I’ll be happy to address it. Henzi: Thank you. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Mr. Fisher, are we allowed to have open burning in the city? Fisher: There’s very limited open burning allowed. The Fire Department is actually the appropriate authority to consult about that. If neighbors are concerned about that that is who they should go to. Pastor: Mr. Collins. Collins: Yes, sir. Pastor: You hear all your neighbors talk about how often and loud your chains saw are? Collins: Mm-hmm. Pastor: How would you propose to satisfy your neighbors? Collins: I guess the most logical way to satisfy that would be to assume the normally working hours of maybe keeping the actual chain saw use between nine and five, Monday through Friday which I could accommodate. And since you--and since you asked me a question I’d also like to note that many--many of my neighbors have fire pits of their own. Pastor: But you did hear one neighbor say he doesn’t want to hear a chain saw all day for eight hours a day every day. How would you propose to-- Collins: I--I to be perfectly frank off the top of my head I don’t know who I would do that. I mean I could say like Monday, Wednesday, Friday something like that. You kind of got me over a barrel right here. Pastor: I’m not--I’m not-- City of Livonia, Zoning Board of Appeals Page 32 of 53 June 30, 2015 Collins: No I understand, I understand you’re asking legitimate questions, but I mean I’m- -he’s going to hear--anybody is going to hear a chain saw from me regardless of whether I’m selling wood or not. Pastor: That may be true but it won’t be as often. Collins: I could not dispute that fact in all honesty sir. Pastor: Thank you. Henzi: Anything else Mr. Collins? Collins: No, sir. Henzi: Okay, thank you. Collins: Thank you for your consideration. Henzi: I’ll close the public portion of the case and begin the Board’s comments with Mr. Coppola. Coppola: Mr. Collins, I applaud you on your entrepreneurship. It’s also interesting to find ways that people can figure out how to make money. That’s great. However, if you recall at the beginning of the meeting, Mr. Henzi, stated the conditions on which the variance can be approved. One of those conditions, actually all of those conditions have to be met for us to have what they say the authority or power to approve the zoning variance. The one that comes to--that I think is appropriate here is and I’ll read it. That the hardship is something more serious than inconvenience or desire to earn more money. I don’t-- unfortunately I don’t think you’ve convinced at least me that this request is--meets that requirement. So from that perspective I would not support your request. Henzi: Mr. Caramagno. Caramagno: I agree with Mr. Coppola. You’ve got a great entrepreneurship spirit and that spirit and a good idea with this wood--wood processing. It’s--well it was a probably a great service to the neighbors. It sounds like maybe at one point it was more for your personal need and then it became a business opportunity which then goes into the financial hardship or non-financial hardship I guess. It is a shame--I would hate to see you stop doing what you are doing. You’ve got a nice running business here, but problem is I don’t think it is the right location. I know it’s not the right location. You outgrew that location and that’s why I asked if you would continue in a properly zoned location. It sounds like you’ve got a good think going here. I thought about it in regard to yes you live here, your wife is there raising a couple of children that are preteen and teen, I’ve got a large lot in the City too and I live on a main road. But if I started a business like this, chopping--you’re cutting up firewood and stacking it on pallets, I don’t think my neighbors would be happy about it. They would hang me for that. So again I hope you continue but I can’t support it at this location. Henzi: Mr. Pastor. Pastor: Unfortunately you do not have a lot of support from the neighbors. I can--I can definitely understand how your neighbors could be upset with you. Chainsaws are loud City of Livonia, Zoning Board of Appeals Page 33 of 53 June 30, 2015 even when I use them myself they are loud. I wish--I wish there was a way I could see myself allowing this to happen but I just--I don’t think I can agree with you on this. But if you are looking for some property I have a large piece that is zoned properly. Collins: You are supposed to say a large piece cheap. Pastor: Well, you can rent. Henzi: Mr. Schepis. Pastor: Well-- Henzi: I’m sorry. Pastor: That’s okay, thank you. Henzi: Mr. Schepis. Schepis: I agree. I think Mr. Caramagno said it well when he said you have a great entrepreneur spirit, you have a great idea, you’ve just got the wrong location. And I can’t support it for that reason. I look at your neighbors and there were a couple that were okay with it but the ones that were closest to you--almost all of them object to it. And so I hope that--I hope that you can find somewhere that accommodates this. But I would have to say no. Henzi: Mr. Sills. Sills: Well at the start--at the start of the petition, the petitioner mentioned he was doing this wood selling as a part-time thing and--to make ends meet I guess. But after hearing all the neighbors coming up and saying part-time--I work part-time too but I only work 25 hours a week. But your neighbors all mentioned that you work 10--11 hours a day, six days a week running a chain saw and burning. So based on these things I don’t think I can support your petition. Henzi: And neither can I. I think a lot of the other Board members made some great points. For me I thought the speakers were compelling as I was trying to put myself in and imagine what it was like. You know I have neighbors that mow their lawns and they are done in the--if I’m in the backyard they are done in 30 minutes. This is like listening to somebody’s lawnmower or maybe even more for 8 hours. That’s not acceptable. It’s just not fair to everybody. One of the most common home businesses that we see has a special ordinance and it’s for home day cares. And there are very specific rules about what’s allowed and what’s not allowed. And we really--we don’t get too many complaints about the noise its other complaints. But to me I think that every person that has ever walked in here and objected to a home daycare would resoundly object to this because of the noise that is constant. I mean you are asking for an opportunity to operate power equipment for 40 hours a week and that is just not fair. So for me I vote no. The floor is open for a motion. Coppola: Mr. Chair. Henzi: Mr. Coppola. City of Livonia, Zoning Board of Appeals Page 34 of 53 June 30, 2015 Upon Motion by Coppola supported by Pastor, it was: RESOLVED: APPEAL CASE NO. . 2015-06-32: An appeal has been made to the Zoning Board of Appeals by Edward Collins, 9659 Wayne, Livonia, MI 48150, seeking to maintain a “non-home occupation” which involves the processing and retail sales of firewood, which is prohibited on residentially zoned property. The property is located on the west side of Wayne (9659), between West Chicago and Parkdale, Lot. No. 130-02-0012-002, RUF Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 3.08, “District Regulations”, and be denied for the following reasons and finding of Section 4.02,(3), “Permitted Uses,” fact: 1. The petitioner has not demonstrated a practical difficulty. 2. The primary “hardship” alleged is not more serious than inconvenience or inability to earn a higher financial return. The proposed variance is not consistent with the City’s Master Plan, Charter, and ordinances. 3. Denial of this variance is in the best interests of the City. 4. That there was strong opposition from the neighboring homeowners. ROLL CALL VOTE: AYES: Coppola, Pastor, Sills, Schepis, Caramagno, Henzi NAYS: None ABSENT: Bowling Henzi: The variance is denied. Thank you for your candor. Collins: All right. City of Livonia, Zoning Board of Appeals Page 35 of 53 June 30, 2015 APPEAL CASE NO. 2015-06-33: An appeal has been made to the Zoning Board of Appeals by Septimiu and Maria Puscas, 20121 Merriman, Livonia, MI 48152, seeking to erect a detached garage while maintaining and attached garage, resulting in excess number of garages, garage area and excess height of the detached garage. Number of Garages: Garage Area: Detached Garage Height: Allowed: One Allowed:720 sq. ft. Allowed: 16 ft. 0 in. Proposed: Two Proposed: 1571 sq. ft. Proposed: 18 ft. 7 in. Excess: One Existing: 851 sq. ft. Excess: 2 ft. 7 in Excess: 851 sq. ft. The property is located on the west side of Merriman (20121), between Norfolk and Fairfax, Lot. No. 009-99-0017-000, RUF-A Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 2.10(5), “Definition of Miscellaneous Terms; Garage Private”, and Section 18.24, “Residential Accessory Building.” Henzi: Mr. Hanosh, anything to add to this case? Hanosh: Not at this time, Mr. Chair. Henzi: I have one question. You might not know the answer, I’m kind of springing it on you. Do you have any idea if there other variances for excess garage size on Norfolk? Hanosh: I wouldn’t have specific information like that at this time. Henzi: I know we approved one on Merriman to the north, but it doesn’t ring a bell for you? Hanosh: No, not at this time. Henzi: All right. Any questions for Craig? Coppola: Yes. Henzi: Mr. Coppola. Coppola: Thank you Mr. Chair. How do you define garage comparative to a shed. Is it just purely size or is it-- Hanosh: It would be--under our ordinance it would be size. Sheds are only allowed to be up to 200 square feet. Anything above that would classify it as a garage. Coppola: Okay, thanks. Hanosh: And also the front door--sheds can only have a six foot door width maximum, this one--I can’t really see how big this one is. Coppola: Okay, thank you. Henzi: Any other questions? Hearing none, will the petitioner please come to the table? Good evening. City of Livonia, Zoning Board of Appeals Page 36 of 53 June 30, 2015 Puscas: Good evening. Septimu Puscas, our address is 20121 Merriman Road, Livonia, Michigan. I also brought we me our--I mean the sales engineer with Tuff Sheds, the company-- Apel: Bill Apel is my name, I am the area sales manager for Tuff Shed. We have our location, our factory right up here on Schoolcraft, 34425. We have been doing quite a bit of business in the Livonia area since 2006 when we came into the market. Henzi: Thanks. Have a seat. Puscas: Thank you. Henzi: Go ahead, Mr. Puscas, tell us why you want to construct the new garage. Puscas: We filled out the application for this variance because we are in need of another garage. We built this house on Merriman Road, we moved in it two years ago. We have three children, two of them are driving so we are four drivers. Even though we do have a garage attached to the house, we end up in the winter parking them outside due to all the lawn mowers, tractors, cars, everything I need to maintain the lawn and also the snow removal equipment. So on the end of it because we are located on 2.3 acres lot, I talked to my wife and said it would be a good idea to have a garage somewhere in the back so we can actually move all this stuff in the back and be able to park in the garage. And the same way for the children to be able to park in the garage. I did not know about the need for a variance, so I contacted Tuff Shed and I asked them for a plan for a garage. And actually I asked Mr. Bill to come and apply for a permit on our behalf since they are the professional people in this business. When he came to apply for the permit he actually found out that we actually have to apply for a variance. Doing so we are actually following the rules. We are applying for this second garage. Since we are building a second garage and we do have a 2.3 acre lot we wanted to make it big enough so I can fit everything I need to fit in it and also we are planning on doing gardening in the back. And we also are planning on raising some bees. I actually grew up in a house--my mom used to raise bees and I know everything about it, I never had the time. Raising bees requires you to have a special--a separate room so you can actually harvest the honey so that is our goal too. So if you are able to read our request here, actually we specified that in the request. Along with our application we filed pictures with garages similar sizes of what we are asking for. One of them is right next to us on the north side of us, right next to us. And one of it is on the backside, actually our backyards are kind of communicating (sic) but the picture you can see with the red barn or red shed it is actually seen from the Norfolk Street. We actually--we also marked on a site plan where this shed is going to be built. It is actually in the middle of our property right in the middle of the woods there. Probably a hundred percent you will be very hard to be seen from the main road. So it’s for the purpose of actually using it for our livelihood everything we want to do to make sure we can store everything we need to store in it and to be able to enjoy the property. I really believe by doing this and doing it with Tuff Shed Company, they are doing professional work as you can see the drawings. We are actually using this company out of Livonia. We are supporting the business in Livonia. And I think we are bringing an increase in value in our neighborhood. So we kindly ask you to considerate and approving it. City of Livonia, Zoning Board of Appeals Page 37 of 53 June 30, 2015 Henzi: Maybe it would be best to describe what you want to store there and why you came up with this model and the size? Puscas: First I started with the garage but looking at the garage I have right now, the inside of it I have a tractor, I have a lawn mower, I have two snow blowers, I have three blowers, I have a cart. I have five bicycles. I have some cabinets for tools. So practically I have no room to park any of the cars in the garage. So I started to look at the garage and I started to see what kind of size I need at the end of it I actually took the brochure from--I went to Home Depot because I like to do business here local to support our community and I got their brochure and I looked at the sizes and I said you know the maximum size it does not bring any value to me. It will be too small to actually fit all this equipment in it. And then I was able through Home Depot, I was able to contact Bill and to see if we can do a customized garage so I can actually if I do build something like I built the house. I wanted to build it the right way big enough so I don’t have to come back and change things and add things later. And that’s how we came up with this design. On the end of it, since we are making it--or we wanted to make it if we are approved the size we ask for, I did not know, I just saw that they actually have this design that you can have the second floor. And that is the floor that I am actually thinking to use as a separate room harvesting the honey and all that stuff and keeping all that gardening and raising this stuff in it. Henzi: This is probably my last question. Do you know how big that barn for lack of a better word on Norfolk is? Puscas: No. Henzi: Either height or size? Puscas: No, I did not go to measure but from a distance and you can see the pictures, the--I took a picture of the one on Norfolk with another shed on the front of it. You can see that actually--it is pretty large. To me it is a nice barn, but since we move there I’ve never seen anything going in it or out of it. So I can’t say that those people are actually using it. I don’t even know why it is even there. It is a nice red barn. I didn’t measure the size of it, I did not want to get anybody upset to go and measure it to think I’m doing something to their barn. You can also see the picture right next to us. Our neighbor actually has a pretty nice size garage with two industrial doors on it. So I think height wise I might be closer to the height of this garage. Henzi: Is that your neighbor to the north? Puscas: This is right next to us to the north. Henzi: Okay. Any other questions? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: As I recall we had your case here before on other issues. You already have a four car--a very large four car garage. And now you’re saying you can’t put four cars in it? City of Livonia, Zoning Board of Appeals Page 38 of 53 June 30, 2015 Puscas: That is correct. Pastor: This is a large garage. I go by your house every day, I live right down the street from you. Puscas: Thank you. I am on the main road so I cannot hide it. Pastor: Yeah. So I guess my concern is now you want to build another large garage. Puscas: Yes, let me explain to you why. When we built the four car garage, it was exactly for that purpose not to have a shed or anything in the back. After we moved in and you all know how you collect things and stuff in life. With three kids, everybody with their stuff now I have two acres to maintain to cut the lawn. I have two acres to keep it clean. I have to make sure I remove the snow all the time from the sidewalk, from all the drives and everything else. I did not think I was going to collect so much equipment. And since I like to do it and I like to have my kids help me we have all this stuff sitting in the garage right now. And honestly if I open both doors of the garage you are going to find spot for one car. You cannot even turn to park it because I have all this stuff. So out of four car garage you can only park one. And I am trying to park that for my wife but a lot of times something is in the way in the winter and it does not get parked. So I have to go outside and scrape the snow and ice off of four different cars. I am trying to get rid of it to make sure--knowing that I have a large property, I am trying to make it to look nice, to maintain it. So I want to just use everything in a proper way. It is true it is a big garage but I cannot use it unfortunately. It is not that I want to-- Pastor: I’ll use it for you. Puscas: I want to be able to use it. I mean I looked at it and it is nice and tall but as it is set, I cannot use it. Believe me I don’t want to invest more in the back side of it, but I am at the point that if I don’t do it--you all know if you don’t do it when you can, when you have the possibility of doing it, later will be too late to do it. You cannot reverse it. Pastor: I don’t have your name, I’m sorry. Apel: Bill--Bill Apel, yes. Pastor: I didn’t realize that you guys built such large buildings. Are you planning on putting this on something like a pier or something like that? Apel: Concrete, we are planning on putting footings down and a concrete slab. Pastor: What is this auger anchor detail? Apel: The auger anchor detail is how we would drill and anchor the walls into the concrete foundation. We do this all the time with garages. We first put a sill plate down, we go around the perimeter of the pad with sill plates. We set the walls down on top of that. And we drill and anchor throughout so that we can warranty up to 85 miles an hour winds. Pastor: You don’t put this in concrete before you pour the concrete? Apel: No, we can’t do that because we have found with buildings this big that the pins that previous concrete contractors have put in they don’t hold as well. That’s why so many of the garages from the past 20 years you will see they are warped, some of the City of Livonia, Zoning Board of Appeals Page 39 of 53 June 30, 2015 walls are bent and so forth. We find that it is much--much better that we come in and we drill an anchor afterwards. It’s a better way for us to warranty also. Pastor: What are these optional leveling blocks then for? Apel: Optional leveling blocks? Pastor: Leveling blocks. Face detail, number two. Puscas: Well, we should already have the leveling blocks-- Apel: No, that-- Puscas; This drawing was created per request when I filed the application because what we had it was just a generic drawing and Randy asked me--I need a drawing to see how this thing is going to look like. I said I thought we had to have to apply I mean bring that in when we apply for the permits. No--no I want to see it now. So we are not going to have any leveling blocks on it. This is going to be a foundation and a slab of cement so it is going to be anchored direct to the foundation. But probably the drawing we were in a hurry to produce--to be able to file for this date, maybe has the leveling blocks in it but we are not going to use them. Pastor: Is this a-- Apel: May I add to that also? Pastor: Sure. Apel: Okay, there are cities and townships, Waterford, White Lake, and so forth that under 200 square feet we can build barns with our flooring system. That’s what these leveling blocks are all about. So sometimes they do get involved in drawings that are generic. We would certainly come up with an actual drawing. Our engineering department in Denver, Colorado would come up with the actual drawing that we are proposing. Puscas: And it will be filed with the application for the permit. Pastor: What type of exterior finishes does this have? Apel: Excuse me? Pastor: Exterior finishes? Apel: Louisiana Pacific smart side. It is an advance generation of T111. Louisiana Pacific will take particle board and in their plants it will go along conveyor belts. It is shot with two water resistant chemicals called melaminium borat. Melaminium you’ll find on the backs of laminate floors. Borat is even a higher water resistor than the melamine, it’s more expensive. But--so those are shot into the board--halfway through the board. Then it goes through a series of ovens and it is baked on. Once it gets to the last oven--no the last oven but a primer is applied to it, then that’s when we get the board. Pastor: So it’s a half inch T111? Apel: It’s a--it’s a--well we use 3/8’s and 5/8’s. City of Livonia, Zoning Board of Appeals Page 40 of 53 June 30, 2015 Pastor: So no real grooves other than pressed in grooves? Apel: There are--it is grooved outside, it’s waffled I should say--it is waffled to make it look like a siding. Home Depot carries the product in the lumber department. Pastor: I know what it looks like. Apel: Okay. Pastor: What kind of roofing are you planning on putting on here? Apel: We are planning on putting up a 7/16’s of an inch board. We would certainly as we do with all our buildings put a moisture barrier, number 15 tar paper up first, then we would shingle. As far as our standard shingle it is an Owens Corning Old American Lumber Company, 25 year warranty but we also offer which I believe Mr. Puscas wants the dimension shingle which is a life time warranty shingle. That’s what would go up on this barn. Pastor: Mister--excuse me I am going to butcher your name, Mr. Puscas. Puscas: Puscas. Pastor: Puscas. What do you do for a living? Puscas: I own my own engineering company here on Industrial Road. I actually have my business here. We are a supplier of cooling packages, aluminum cooling packages but I am actually a distributor of a company out of Europe. Pastor: You don’t plan on putting any of the product in there do you? Puscas: Oh, no. We own a building here on Industrial Road. We just love Livonia so we want to invest in it as much as we can. Pastor: Thank you. Henzi: Any other questions? Fisher: Mr. Chair. Henzi: Mr. Fisher. Fisher: Just for the record because I heard the topic raised earlier, bees are prohibited in Livonia. I checked that actually with Animal Control when I reviewed the file ahead of time. Puscas: They are prohibited? Fisher: Yes. And that is not something ZBA can grant a variance from. Puscas: I thought I’m doing a favor to our neighbor, he’s got a nice orchard about 50 trees there. Fisher: Well, no it’s not a favor. Puscas: Well that’s good to know before I go too far, I guess. Fisher: Yes. City of Livonia, Zoning Board of Appeals Page 41 of 53 June 30, 2015 Henzi: What color is this going to be? Puscas: Right now we are thinking about red just like the barn on Norfolk with probably some gray or greenish--dark green roof or so. It depends what colors are going to be available. And some like white trim, corners and around the doors and stuff. Henzi: Then maybe this is for Mr. Apel. Are these prefab--and I’ll tell you where I am going. One of my big concerns is the height. It’s two feet seven inches taller than what we require and can--is there any wiggle room in the height or does this only come in the proposed-- Apel: This is--this is-- Henzi: --specifications? Apel: --pretty much the way that that second floor is as far as the 18 feet--18 feet 7 inches I believe it is, is to the peak yes. That’s as far as being able to walk around up on that second floor. To answer your first question, yes it is prefab. We build them in sections in our Livonia plant so that when we come out everything--when we come out of course everything is stacked up on a flatbed trailer. We drive the flatbed trailer back and we assemble out on the property. We’re built like a house. We use 2 by 4’s, this is--the wall joists are 16 on center, the roof joists would be--trusses are 24 on center and as I say the siding--I guess I already explained. Henzi: And then are you just going to have an apron to the slab? Apel: Yeah, I believe so. Puscas: Yes. Henzi: No hard surface leading from the house all the way back? Puscas: We’re thinking to actually pour a concrete driveway to the garage so I can actually be able to go there. It is getting pretty wet when we have all this rain in the back there. So I am trying to elevate a little bit the ground because there is a drain going right to our property. The drain does not help because we have this low area or so. What we are thinking to do since we--if we get approved, all the soil we are going to take out of the path of the driveway to actually use it to build up our ground so all the water will actually come to the drain. So actually it is going to help the neighborhood. Right now we have like a dead lake I can say and a farm of mosquitos. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Bill, didn’t we say this was a customized shed? Apel: Yes. Puscas: Yes. Pastor: So you could adjust the height of the upstairs? Apel: Yes, we could, yes. I mean-- City of Livonia, Zoning Board of Appeals Page 42 of 53 June 30, 2015 Puscas: We look at the--we looked at that option but all of us are tall even my kids are over six feet tall. So if I adjust that I’m going to end up not being able to use it. Pastor: Well you don’t have bees anymore so why do you need it? Puscas: Well that is a shock to me. I don’t know how I can break this to my wife. Pastor: A little shock to me too so. Puscas: I was a hundred percent sure that I should be able based on the size of the lot. Maybe we will do gardening. I was pretty sure we could have bees too. Pastor: Well let’s go back to the question. You can no longer have bees why do you need the upstairs? Puscas: I still like to use it even for--well that was my main purpose. And to have it for the bee room to harvest the honey. But even if I don’t have the bees I still have to have like I said in the beginning, when I build something I like to build it right the first time. Later I will be sorry I do not have the second floor. Maybe my kids will like to go there in the summer time. Maybe I will enjoy going there in the summer time and stay in between the woods. It is right in between the woods so you have shade all year long. I think it is going to be a very nice--almost like camping up north but why have to go up north when I can probably be in my apartment. Pastor: What kind of power do you plan on putting--how many amps of power do you plan on putting in? Puscas: I do not plan to run any power to it yet. Pastor: That wasn’t my question-- Puscas: It is not going to have-- Pastor: How much are you planning on putting in there whether it is yet or tomorrow, how much? Puscas: Not much, I don’t need more than just to charge a batteries on the equipment-- the snow equipment and the lawn mowers have batteries, some of them have electric starters. And if I do have probably a couple lights, so I don’t think I need more than 40 amps--50 amps. Pastor: Two or three circuits is what you are saying? Puscas: Yeah--yeah--yeah. Pastor: Thank you. Puscas: It doesn’t have a garage door so I don’t need to open it, it is going to be like a bi-fold door. Pastor: Okay, thank you. Puscas: Thank you. City of Livonia, Zoning Board of Appeals Page 43 of 53 June 30, 2015 Henzi: 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. I see no one coming forward, we will read the letters. Caramagno: Letters of approved from John Maykovich, 20100 Osmus (letter read) and Diane Arpino, 20135 Merriman (letter read). Puscas: And that is correct, there is no business. Caramagno: And I’ve got a question, Mr. Chair. Henzi: Mr. Caramagno. Caramagno: How do you get along with your neighbors now? Puscas: Very good. Caramagno: You didn’t at one time. Puscas: Much better than the beginning. Caramagno: Yes. Henzi: I remember that, Sam. Caramagno: Really it was nice to see a letter of approval instead of a war. Puscas: Yeah, I was expecting to see a no honestly. I know Mr. Arpino, we’re friends but it seems to me first answer is no and then later after talk and negotiate and stuff like that. Caramagno: Wait until he finds out you can’t take care of his bees. Henzi: Anything else you want to say in closing? Puscas: No, I really appreciate your time and your effort on taking care of all the good things in Livonia. Henzi: Thank you. Puscas: I know it is an extra effort for you guys. Henzi: I’ll close the public portion of the case and begin the Board’s comments with Mr. Caramagno. Caramagno: Speaking of good things in Livonia, that house you built is beautiful. Puscas: Thank you. Caramagno: It is a very large piece of property. I think about your 1500--1600 square feet of barn there, I don’t think it is overwhelming for that size of property. Especially since it is not going to be seen, it is going to be in the back. There are other similar garages, Arpino’s got one next door and behind you has one. The fact that you are planning to put a road a concrete road down to the bottom is really a positive for me. It sounds like you need the storage and I will be in support. Puscas: Thank you. City of Livonia, Zoning Board of Appeals Page 44 of 53 June 30, 2015 Henzi: Mr. Pastor. Pastor: At first light I looked at this plan and I said I don’t think I can support it because he already has a four car garage--a large four car garage asking for a large shed. Listening to you tell me the reasons why, looking that it is 382 feet from the setback, and your side yard setback from your one neighbor is 72 feet, I have a hard time finding a reason to deny it. I suppose I can support it. Puscas: Thank you, I appreciate it. Henzi: Mr. Schepis. Schepis: I agree. This is a big piece of property and you’ve described your need for this and I think what you have shown tonight, I think it will look good. There’s other large garages or storage sheds in the neighborhood. So I would support it too. Puscas: Thank you. Henzi: Mr. Sills. Sills: There’s no question in my mind, I pass your house many times and I admire it quite a bit-- Puscas: Thank you, sir. Sills: --and it is very well maintained and there is no reason for me to deny you. Puscas: Thank you, I appreciate it. Henzi: Mr. Coppola. Coppola: What I could do with a four car garage. I do a lot of scraping in the winter. I think this proposal is not out of line with the size of the property and the plans. I support it. Puscas: Thank you. Henzi: I too will support it for all the reasons I think the other Board members have said it perfectly. There is nothing for me to add. Puscas: Thank you, sir. Henzi: So the floor is open for a motion. Schepis: Mr. Chair. Henzi: Mr. Schepis. Upon Motion made by Schepis, seconded by Caramagno, RESOLVED, APPEAL CASE NO. 2015-06-33: An appeal has been made to the Zoning Board of Appeals by Septimiu and Maria Puscas, 20121 Merriman, Livonia, MI 48152, seeking to erect a detached garage while maintaining and attached garage, resulting in excess number of garages, garage area and excess height of the detached garage. Number of Garages: Garage Area: Detached Garage Height: City of Livonia, Zoning Board of Appeals Page 45 of 53 June 30, 2015 Allowed: One Allowed:720 sq. ft. Allowed: 16 ft. 0 in. Proposed: Two Proposed: 1571 sq. ft. Proposed: 18 ft. 7 in. Excess: One Existing: 851 sq. ft. Excess: 2 ft. 7 in Excess: 851 sq. ft. The property is located on the west side of Merriman (20121), between Norfolk and Fairfax, Lot. No. 009-99-0017-000, RUF-A Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 2.10(5), “Definition of Miscellaneous be granted Terms; Garage Private”, and Section 18.24, “Residential Accessory Building,” for the following reasons and findings of fact: 1. The uniqueness requirement is met because this is a large lot on a main street and Petitioner needs additional storage room for multiple cars and lawn and snow equipment necessary to maintain his property. 2. Denial of the variance would have severe consequences for the Petitioner because of the lack of storage space for his vehicles and lawn and snow equipment. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because the neighboring property owners are in support and neighbors have similar out buildings. 4. The Board received two letters of approval and no objection letters from neighboring property owners. 5. The property is classified as “RUF” 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 garage be constructed as presented both in writing and orally to the Zoning Board of Appeals including placement and materials. 2. That Petitioner must commence building within six (6) months of approval of this petition. 3. That Petitioner must enclose the building within ninety (90) days of commencing construction of the garage and complete construction within twelve (12) months. 4. That Petitioner will install standard electrical service. City of Livonia, Zoning Board of Appeals Page 46 of 53 June 30, 2015 ROLL CALL VOTE: AYES: Schepis, Caramagno, Coppola, Sills, Pastor, Henzi NAYS: None ABSENT: Bowling Henzi: Your variance is granted with those four conditions. I’ll read them one more time. Again, build it as presented, that’s as to the building materials and placement as described orally tonight. You’ve got to complete it within 12 months, enclose it within 90 days after you start and then you are to have the standard electrical as you described tonight. Puscas: Okay. Henzi: Good luck. Apel: Thank you. Puscas: Thank you very much. City of Livonia, Zoning Board of Appeals Page 47 of 53 June 30, 2015 APPEAL CASE NO. 2015-06-35: An appeal has been made to the Zoning Board of Appeals by Christopher Arcand, 14450 Auburndale, Livonia, MI 48154, seeking to erect a six (6) foot tall privacy fence at the rear of a double frontage lot, resulting in deficient rear yard setback. Rear Yard Setback: Required: 25 ft. Proposed: 0 ft. Excess: 25 ft. The property is located on the north side of Auburndale (14450), between Lyndon and Berwick, Lot. No. 088-09-0346-000, R-1B Zoning District. Rejected by the Inspection Department under City of Livonia Fence Ordinance, Section 15.44.090A,(3), “Residential District Regulations.” Henzi: Mr. Hanosh, anything to add to this case? Hanosh: Not at this time, Mr. Chair. Henzi: Any questions? Will the petitioner come to the table and tell us your name and address? Arcand: Christopher Arcand, at 14450 Auburndale Court, Livonia. Henzi: Just think two cases that were ahead of you canceled. Arcand: I learned a lot tonight and-- Henzi: So you are going to get us back on track here. So go ahead and tell us about the fence you want to construct. Arcand: Well we moved in in December. I came from a house in Westland that had a privacy fence. I’ve been married eight years, picked up two dogs along the way and one is a boxer, and one is a pit bull. They are nice when you know them. They have never bit anybody, they are just--I’ve learned now they are very protective. They run up and down the fence like maniacs, we’ve got a school two house down. I mean people start walking by about 6:30--6:45 in the morning, you know there’s obviously school events going on. The high school is right down the street. And basically I just want to put it up to make sure--well to keep them from being annoying to everybody walking by. I don’t want any of those kids sticking their fingers through the fence or anything to happen there. I’ve got a one year old and a six year old myself and its--we can’t play outside with them just because I get annoyed by every 20 minutes I’ve to put them inside because somebody is walking by. Livonia is very active city. I was in a small cul-de-sac in Westland where I maybe saw one walker a week. Its--I’ve got them every 20 minutes coming by walking their dogs, kids. My neighbor is afraid of dogs, he wants to--he is fully supportive of putting the fence down his side too. And it is basically it. It looks well, the top of it is going to have the--what is it called--the lattice so it is not a complete six foot non-transparency. It’s the vinyl fence so there is minimal maintenance. And I’m not very good with maintenance that’s why I want to spend the extra couple grand. What I notice City of Livonia, Zoning Board of Appeals Page 48 of 53 June 30, 2015 up and down the street is a lot of privacy fences but with the wood ones a lot of non- upkeep. Nobody lives on Lyndon do they? I don’t want to be talking about your fence. There’s a--they replace a few boards here and there, I can see the reason for needing to be approved. One of the questions that was on there why don’t you fight to change the law and I had to think about that for a while. It is kind of a hard question to fill out real quick to get your paperwork in by Friday. It makes sense to have to be approved by the type of material, what you are going to do with it. You stick somebody else who moves in with a wood fence you don’t know how good they are, that’s going to fall apart make the City look bad just driving through. I feel like I’m going to put the money into making it a nice fence to protect the kids, keep my dogs in, I don’t have to get rid of the dogs. I think I would have to go before she will get rid of the dogs. But all around it is going to improve the house itself. I think it looks way better than chain link fence. It’s not eight foot tall and keep out of my house type of fence. It kind of serves the purpose so that is really all I have to say on it. Henzi: All right. You’ve got a photo of a white vinyl fence, five foot with lattice. That’s what you wanted, correct? Arcand: It’s going to be tan, not white. They didn’t have a product model of the-- Henzi: But the same style? Arcand: Same style yes. Henzi: You are going to remove the chain link and replace it with the tan? Arcand: Yeah. Henzi: Okay. Arcand: The picture of the wood fence is what my neighbor wants on his side so I am just going to paint it the back of it tan to match my fence on the inside. And his violates- -it’s running perpendicular to the street so it’s not much that you can really--you will only be able visibly see that fence from the road but it still falls within the 50 feet. So it is considered on the frontage. Henzi: Okay, any questions? Pastor: Just one. Henzi: Mr. Pastor. Pastor: You are going to paint a vinyl fence? Arcand: No--no his wood fence that is in between our yards. I’m going to paint that tan, the wood one. Pastor: Okay. Okay, that is it. Henzi: Anything else? Can you read the letters? Caramagno: Letters of approval from Catherine Niland, 14454 Auburndale (letter read), Lawrence Applin, 14435 Auburndale (letter read), Larry Carignan, 14448 Auburndale Court (letter read), and Mary Gionas, 14518 Berwick (letter read). City of Livonia, Zoning Board of Appeals Page 49 of 53 June 30, 2015 Henzi: Mr. Arcand, anything you want to say in closing? Arcand: No. Henzi: I’ll close the public portion of the case and begin the Board’s comments with Mr. Pastor. Pastor: I have no problems with this. I reviewed it this evening. I’m actually surprised this house doesn’t have a privacy fence before this time. So good luck. Arcand: I had already cut down all those weeds once and then I found out I needed approval so now they have all grown back. Henzi: Mr. Schepis. Schepis: I agree I like the look of the vinyl fence. I think you are right there rather than wood. And I think you have a need for it, Lyndon is a busy street. And I support it. Arcand: Thanks. Henzi: Mr. Sills. Sills: I am in complete support. I am glad that you are going vinyl fence. Wooden fences are terrible after the first year so I am pleased that you are going vinyl fence and I have no objections. I will approve it all the way. Arcand: Thank you. Henzi: Mr. Coppola. Coppola: I support this. Henzi: Mr. Caramagno. Caramagno: You have a good case as to why you need it so I am in support as well. Arcand: Thank you. Henzi: I too will support it. I think there is good reason. You’ve demonstrated a hardship so I will also vote yes. The floor is open for a motion. Bob do you want to take the honors? Pastor: Since this is your last meeting? Sills: This is my last meeting I could probably take it. Upon Motion by Sills supported by Caramagno, it was: RESOLVED: APPEAL CASE NO. 2015-06-35: An appeal has been made to the Zoning Board of Appeals by Christopher Arcand, 14450 Auburndale, Livonia, MI 48154, seeking to erect a six (6) foot tall privacy fence at the rear of a double frontage lot, resulting in deficient rear yard setback. Rear Yard Setback: Required: 25 ft. Proposed: 0 ft. City of Livonia, Zoning Board of Appeals Page 50 of 53 June 30, 2015 Excess: 25 ft. The property is located on the north side of Auburndale (14450), between Lyndon and Berwick, Lot. No. 088-09-0346-000, R-1B Zoning District. Rejected by the Inspection Department under City of Livonia Fence Ordinance, Section 15.44.090A,(3), “Residential be granted for the following reasons and findings of fact: District Regulations,” 1. The uniqueness requirement is met because the Petitioner owns two dogs and foot traffic is heavy in this neighborhood and the fence is necessary for privacy and to protect passersby from his dogs. 2. Denial of the variance would have severe consequences for the Petitioner because of the lack of privacy and protection of his dogs. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because the neighboring property owners are in support and the fence is consistent with other homes in the neighborhood. 4. The Board received four 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 fence be installed as presented to the Zoning Board of Appeals. ROLL CALL VOTE: AYES: Sills, Caramagno, Coppola, Schepis, Pastor, Henzi NAYS: None ABSENT: Bowling Henzi: The variance is granted. You just have to build it as you presented as you told us and as you shown us. Arcand: Thank you. City of Livonia, Zoning Board of Appeals Page 51 of 53 June 30, 2015 Henzi: Thanks, good luck to you. City of Livonia, Zoning Board of Appeals Page 52 of 53 June 30, 2015 Pastor: Mr. Chair, I think we have some minutes. th Henzi: April 28. th Pastor: I make a motion to approve the April 28 minutes. Reporter: I’m sorry, which? th Pastor: April 28. Caramagno: Support. Henzi: All in favor say aye. Board Members: Aye. Pastor: I make a motion to adjourn. Coppola: Support. Henzi: All in favor say aye. Board Members: Aye. Henzi: We are adjourned. There being no further business to come before the Board, the meeting was adjourned at 9:40 p.m. _______________________________ Matthew Henzi, Chairman ______________________________ Sam Caramagno, Secretary /pcb City of Livonia, Zoning Board of Appeals Page 53 of 53 June 30, 2015