HomeMy WebLinkAboutZBA MEETING 2015-07-28
ZONING BOARD OF APPEALS
CITY OF LIVONIA
MINUTES OF SPECIAL MEETING HELD JULY 28, 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, July 28, 2015.
MEMBERS PRESENT: Matthew Henzi, Chairman
Sam Caramagno, Secretary
Craig Pastor
Gregory Coppola
Robert Bowling
Ben Schepis
Jim Baringhaus
MEMBERS ABSENT: None
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. Seven (7) members were present this evening. The Secretary then read the
Agenda and Legal Notice to each appeal, and each petitioner indicated their presence.
Appeals came up for hearing after due legal notice was given to all interested parties
within 300 feet, petitioners and City Departments. There were 7 people present in the
audience.
(7:05)
City of Livonia, Zoning Board of Appeals Page 1 of 15 July 28, 2015
APPEAL CASE NO. 2015-06-31 (Rescheduled from June 30, 2015): An appeal has
been made to the Zoning Board of Appeals by TSFR Del Retail Center, LLC, 17800 N.
Laurel Park Drive, Suite 200C, Livonia, MI 48152, on behalf of Lessee TSFR Pizza, LLC
(MOD Pizza), 13229 Middlebelt, Livonia, MI 48150, seeking to erect three (3) wall signs,
resulting in excess number of wall signs and wall sign area.
Number of Wall Signs: Wall Sign Area:
Allowed: One Allowed: 33 sq. ft.
Proposed: Three Proposed: 72.5 sq. ft.
Excess: Two (2 signs at 29 sq. ft. ea. and 1 sign at 14.5 sq. ft.)
Excess: 39.5 sq. ft.
The property is located on the west side of Middlebelt (13229), between Industrial and
CSX Railroad, Lot. No. 101-99-0008-011, C-2 Zoning District. Rejected by the Inspection
Department under Zoning Ordinance 543, Section 18.50H,(a),2, “Sign Regulations in C-
1, C-2, C-3 and C-4 Districts.”
Henzi: Mr. Hench, anything to add to this case?
Hench: Not at this time, Mr. Chair.
Henzi: Any questions for the Inspection Department? Hearing none, will the petitioner’s
representatives come to the table? Good evening.
Schostak: Good evening.
Henzi: Go ahead and tell us your names and address.
Schostak: My name is Jake Schostak. I’m coming from Team Schostak Family
Restaurants. We’re located at 17800 Laurel Park Drive North, Suite 200-C.
Jones: I’m Ryan Jones, same address.
Henzi: Thanks. Go ahead and tell us about the sign package.
Schostak: Well, first of all thank you very much for having us here. It’s exciting for me to
be here because I’m starting my very first business in Livonia just a month ago when we
opened up MOD Pizza. Team Schostak Family Restaurants has been doing business in
Livonia for 34 years but the Schostak Family has been doing business in Livonia for about
over 50. It started back with my great-grandfather and my grandfather developed
Wonderland Mall together. And more recently my father and my uncles were able to
redevelop it into the center that we all see today. And you know we continue just as
history shows, continue a very--very strong participation in Livonia that we are really
proud to be a part of. You know, just recently when we opened up MOD we decided that
we wanted to partner with Livonia Public Schools Education Foundation and do a pay
what you want fundraiser where the community came out and we were able to raise
City of Livonia, Zoning Board of Appeals Page 2 of 15 July 28, 2015
$6,700.00 for the foundation. And that’s just--you know--the beginning of our relationship
with the community with MOD. You know, MOD is designed to be a community
restaurant and we really want to have the kind of exposure that will allow us to do that.
There’s no radio, there’s no TV. It’s the only one in the state and we signed on to do 25
of these locations it was very clear to us that we wanted to open up our first one where
we have been doing business for so long and where our offices are headquartered in
Livonia. So all the exposure the City can give us to be able to build our business and
build our brand and build something very special that we believe that we have is very
opportunistic and we’re excited to share with you our plan.
Henzi: Go ahead and tell us the particulars of the sign.
Jones: I’ll dive into that. The application says we are requesting three wall signs.
Currently we have one existing so we’re only asking for two additional tonight just to clarify
that which I’m sure you guys understand. We have a front sign that is existing that meets
ordinance. Its 32 square foot based on our lineal frontage of the building. And I do have
a photo here of the center. We have our Del Taco Restaurant here, MOD Pizza here, it’s
an endcap and we have a center vacant space currently unoccupied. It sits next to an
Applebee’s Restaurant. And currently we do have this MOD Pizza, it says super-fast
underneath it. And our application tonight we are actually asking for two additional signs
that are identical to the proposed sign that is currently there. We’re asking one to be on
the side of the building, we’re asking for one to be on the rear of the building. So I’ll go
into those additional signs. Here’s the rendering that you guys all have in your package.
This is the side of the building, we’re showing the same 32 square foot sign on the front
side of the building. And our main purpose for that sign we--we were actually just out
there and we walked the site again. This site was designed or really influenced when we
went through Planning Commission and City Council that Industrial Drive and Middlebelt
has a traffic light. It’s the only traffic light in this area. When we designed this the City
really pushed all of our traffic to come down here so we can utilize that traffic light. So
most of our traffic is utilizing that light which means all of our business enters from this
rear. So we almost consider this rear as a frontage as well because all of our entrances
and exit points are to that rear and we do not have a direct access anywhere on this site.
We do have a small one way in only down here which is a drive to Menards. So that
being the fact we decided when we built this MOD Pizza it would really help customers if
we created a rear customer entrance door. We put a lot of money into that entrance. The
City Planning Commission and Council wanted solar powered pedestrian lights that are
actually motion activated so when families are walking across this--it’s actually a drive-
thru lane here. We installed these very expensive state of the art flashing signs as people
walk in or out of the building these signs flash. They are very nice. So we have those
installed there now. We’ve added some landscape back there. We spent some money
on adding some awnings at the rear, some lighting. So we really feel that that rear sign
is very important to business as it’s one of our main entrance points and like I said we
really it almost could be considered frontage as all of our business comes from the rear.
On the sign on the side you know we were asking ourselves do we really need it, is it
really visible. And we really feel that it helps and the reason is when you are sitting here
at the main intersection and you are turning down here, you really can’t see that front sign
City of Livonia, Zoning Board of Appeals Page 3 of 15 July 28, 2015
at all. You see it but you don’t really know what it says or what it states. And if we were
able to get a sign on the side of the building when you are sitting at this intersection you
really pick that up off the angle of this intersection. And we also know several businesses
in the area have multiple signs especially end caps. Del Taco being one of them. They
have--actually they have four wall signs. Applebee’s has many wall signs. Jimmy Johns
has three wall signs, Aspen Dental has two wall signs, the Rally House has two wall signs,
all those are being end caps. So we feel that we are asking to be fair with the surrounding
business. Starbucks I know is going to be asking for more signage and they’re right next
to us. They have a huge monument sign. This thing is like 200 square foot it’s connected
to Menards. So we don’t feel like we are asking for more than other businesses. We feel
it’s fair. And like I said our site line from this intersection is very important, that’s why we
are pursuing this side sign as well as the rear sign. So if you guys have any other
questions on that I’d be more than happy to answer them. Unless Jake do you have more
for them or no?
Schostak: No-no, well presented.
Henzi: There’s a monument sign with a temporary MOD Pizza, are you going to have
permanent signage on that monument sign?
Schostak: Currently there’s permanent signage for MOD Pizza on there. The temporary
piece that you are talking of right now will be removed.
Henzi: Okay. And then if this is granted will you get rid of--I don’t know--six to ten
temporary signs along the front boulevard about parking?
Schostak: Absolutely.
Henzi: Okay.
Jones: Oh, yeah additional parking signs.
Henzi: They say additional parking but you’ve got the LED reader boards both have that
message.
Jones: Yeah, we just--actually we were just able to--Kroger milk factory sits behind us,
we actually just struck a deal with them where they’re allowing us to use a vacant piece
of parcel there that was already concrete, they’re allowing us to use that for employees.
So we ran that through the City Engineering Department and got permits for that so that
is open now so we have about fifty additional parking spaces behind us that is actually on
the Kroger property. So that is something that just opened. We are in the process of
installing light fixtures in that area right now.
Henzi: Okay, I appreciate it.
Jones: Yeah.
Henzi: I know parking is very difficult but the signs it doesn’t look good.
Schostak: Yeah, we can remove those. It’s really people were having a hard time being
directed to the back with the closing of Industrial Drive right now. Particularly with the
direction the traffic is going nobody could pull into our parking lot off of Industrial.
City of Livonia, Zoning Board of Appeals Page 4 of 15 July 28, 2015
I know that traffic is getting to switch this week. And so we can--we can then remove
those signs once traffic starts going in our direction.
Jones: Yeah, we’ve had a big issue with people actually coming into the one--or leaving-
-going into the one way. A lot of people are using that as two way and it’s just become a
cluster so we’re trying to direct--
Henzi: They’re going in and turning left?
Jones: No, people are actually leaving it as well. So it’s--we actually contacted the City,
they said they’ll be watching that because it’s just a mess out there with this road
completely closed for us because that’s our main access point. So a lot of people don’t
know what to do so they are using this one-way as two-way movement and it’s becoming
a big head ache. So we’re trying to--we’re trying to help customers realize the parking
situation so that’s why those are up there right now.
Henzi: Okay. Any other questions?
Baringhaus: Mr. Chairman.
Henzi: Mr. Baringhaus.
Baringhaus: Following your question about the temporary signage like on the monument
sign. I also noticed you had some banners stating MOD Pizza hanging from awnings
things like that, is it your plan to remove those as well?
Schostak: Yes, you know it was just a now open sign for our first month of business which
we are approaching right now, so we will be ready to be taking them down at the end of
the week.
Baringhaus: Thank you.
Schostak: Absolutely.
Henzi: Anything else? I think there’s nobody in the audience. Anybody want to speak
on behalf or against this project. Did I embarrass you now?
Bowling: That’s my son, we can have some fun with him.
Henzi: You get two minutes, you can talk about anything. Can you read the letters?
Caramagno: We have a letter of objection from Mary Jane Elliott, 28517 Schoolcraft
(letter read).
Henzi: Gentlemen, anything you want to say in closing?
Jones: Well, if I could respond to that letter. I think that letter is for the Wing Stop and
they are nowhere near Middlebelt Road so I’m not sure exactly what they are trying to
state in that letter. That’s it.
Henzi: Oh, do you think that’s from the owner of Wing Stop?
Jones: Yeah, I looked it up, it definitely is. Their center sits way back off Middlebelt so
to me that doesn’t mean much.
City of Livonia, Zoning Board of Appeals Page 5 of 15 July 28, 2015
Henzi: Okay, do you have anything else? Then I’ll close the public portion of the case
and begin the Board’s comments with Mr. Bowling.
Bowling: I like the sign package I think it’s probably a little excessive. I don’t think that in
the past we’ve granted three times the allotted square footage. I know when we’ve done
these signs in the past typically the rule if I recall is about fifty percent on the other signs.
So I think I’d be in support but perhaps in something a little smaller.
Henzi: Mr. Schepis.
Schepis: I agree. I think you said that well. I think that’s what we have done in the past
when there’s been a sign on the back. I was trying to remember what it was for but in
general I like this, I think it looks good. And I would support and I would be interested if
anyone had a modification to make it a little smaller. But beside that--
Henzi: Mr. Caramagno.
Caramagno: Well yeah we have--we have knocked down the side signs on a couple of
these to half the size of what was presented. I think when--the point you made about
your rear sign being a major entrance for that area seems to make sense to me especially
in light of all the construction that’s going on there. And if there’s consensus we could
reduce the side sign, that’s all I have.
Henzi: Mr. Coppola.
Coppola: I’m in agreement with my other Board Members. The sign package looks really
nice. I would be a little more supportive if the--I don’t have as much issue for the side
sign as I do with the rear signage. It’s just rather large. If it was something that fit over
the door or something, just looked a little nicer, a little less out of place I’d be more
supportive. Because the excess that you are asking for is pretty significant and setting
precedent on that is--I just don’t want to open the door to a whole bunch of signs
everywhere else.
Henzi: Mr. Baringhaus.
Baringhaus: Thank you. I think my colleagues pretty much stated it. I to be honest with
you I did have some--a little bit of a struggle with the side sign. It was generally
determined in the area with those businesses not to have that signage when you have
two adjacent buildings and like a road or drive-thru area through it. I do see the argument
for the back--the rear sign. I agree with my colleagues on the Board and would be
supportive if those two signs were smaller in size.
Henzi: And I too would vote to approve. I’m all for actually the rear sign. I think that’s
necessary absolutely. And I also think it will frame that façade very well. I drove by
tonight and the place is packed by the way which is very good. The side sign you know
when I drove by I thought what in the world do they need this for. And I’m convinced I
actually think you need more for an architectural or aesthetic standpoint because it is
mirror image and a lot of the other tenants around in this new area have it and I think it
would look more out of place if you didn’t. So you’ve convinced me that for those folks
on Industrial Drive you’d require it. If there’s consensus and we want to horse trade about
a reduction, I have no problem with that. Let me now ask you is that even possible?
City of Livonia, Zoning Board of Appeals Page 6 of 15 July 28, 2015
Schostak: Yeah.
Jones: Yeah, we’re under the impression some of the local other business they got sixty
percent of the square footage of the front sign for their side sign. It might be fifty but we
thought it was sixty. We would be more than willing to drop that to sixty, that’s what we
had anticipated actually coming in here and we would actually probably change that sign
up a little bit. They have like--I’ll let Jake explain that. They have a logo they are trying
to push.
Schostak: Sure, so I know some recognizable faces and we had you in there for the
department head meeting just last week so if you’ve become familiar with MOD our logo
is this badge with two different shades of red and it says MOD inside. It’s really sharp
looking. And we’re looking to start branding that more as we grow. And we feel like that
would be a good opportunity for us to be able to put the MOD logo onto the side of the
building and it would be fifty--sixty percent of the square foot of the front sign. And it is
really a neat looking sign, it gets illuminated at night. And you know its gives us an
opportunity to start branding ourselves a little bit more as well as still getting the idea that
there is an open restaurant right there.
Henzi: Here’s my next question if we are talking about a modification. What’s the existing
sign--because back to my comment I don’t know if I would like to see the one that you
want to put on the side mismatch. So what’s the existing--is the existing that’s the 29
square feet?
Jones: The existing is 32 square feet, it says MOD Pizza, superfast under it. They really-
-corporate--this being our first one, they really were pushing this badge logo on us but as
it was our first one and nobody really knew what MOD meant in the area we really wanted
that pizza on our signs. So that was what we were pushing for initially. But now that the
brand is out there a little bit more that logo badge is really becoming more recognizable
and that’s kind of what we are pushing for. If we did do sixty percent reduction or even
fifty we still think we could get a good sized logo on the side of that building. Actually
Jimmy Johns right next to us, they have Jimmy Johns on the front of the building and they
have a round logo on the side just like we’re speaking of. It’s a round circle with a J and
a J that’s their logo. So other businesses have done that Matt so I don’t think it’s a big
ask for us if we were to modify to something like that and shrink the square footage down.
Henzi: Any comments from the Board?
Bowling: Mr. Chair.
Henzi: Mr. Bowling.
Bowling: Would we need to--I guess we would probably need to see a new sign package
then to be to try to make sense of that and move forward. It is kind of hard to approve a
variance if we don’t know what it is going to look like.
Fisher: Do you have a picture of what you are talking about?
Bowling: Do you have something?
City of Livonia, Zoning Board of Appeals Page 7 of 15 July 28, 2015
Jones: I think we were looking at something earlier. I guess my question is, so you guys
approve exactly what you see or are you approving additional signage quantity and
square foot? I guess that’s my question. I thought--I thought really we’re just in for
additional quantity and square foot that we are not actually approving what’s true--like
hard on that paper. I’m not saying we’re going--trying to switch it all up, that’s just a
question I had that I don’t know if you strictly approve the proposed package or if you’re
just approving--
Henzi: No it sounds like they were just talking about so you want 29 per reducing that to-
-
Jones: Well it’s 32--
Henzi: All right so sixty percent of the overage, I mean that was the comment.
Jones: Yeah, that would put us at 19.2 square foot if we reduce it to sixty.
Henzi: So that was my very first question was is it doable because sometimes vendors
come in and say hey this is stock sign, I can’t do it in another size.
Jones: No we can definitely make the badge work. It would be--you would calculate it as
a square box. It’s a--it’s a shield--we’ve got to have a picture--
Schostak: I’m actually--I’m having it down load on my phone.
Henzi: Let me--let me ask you this. What’s preferable? Would you rather have the
mirror image MOD superfast pizza or one--for the existing front and the badge on the
side?
Jones: Well I think if we go with the MOD Pizza and we shrink that down I don’t know if
that--I don’t how readable that would be if we shrunk that sign.
Schostak: That would be my concern it just wouldn’t be legible.
Henzi: And then it doesn’t match--
Jones: Right and it wouldn’t match and it might not be readable because of the shrinkage.
So the badge is more a branding thing we’re trying to get out there. I mean if you go in
the restaurant that badge is everywhere. We’re going to start pushing that at all of our
other openings throughout the state as well.
Schostak: Absolutely. And it’s got--so it’s a--I’m pulling up the image right now actually.
I can pass around my phone if you’d like to take a look at it. But it’s a MOD--it’s a red
badge then its MOD white letters and so the contrast works really well where it could be
legible if it were smaller. We really feel like the color of the EIFS right now on the building
by putting white letters on there and shrinking the font down half the size that it would
really--you know--not get the message across how we would like or how we could with
the same size if we chose a different image.
Henzi: What if you just reduce the sign on the back end? Could you do that? Or is that
a problem?
Jones: We feel that sign--
City of Livonia, Zoning Board of Appeals Page 8 of 15 July 28, 2015
Schostak: I would prefer not to reduce the size in the back. As you know Ryan mentioned
before it’s--it’s--we consider it frontage. You know just having all the traffic you know
being pushed to Industrial and even with Menards and Kroger in the back, it’s--you know-
-highly visible and we prefer to have a full size sign over there.
Jones: We could--we could show you this badge--
Schostak: Right, and I could walk through and show everybody--
Jones: I apologize for not having one printed.
Henzi: No problem.
Fisher: Oh, that’s cool, that’s what you were talking about.
Schostak: Right, and this is what it would look like at night.
Fisher: Oh, okay.
Bowling: So that is very similar to what Jimmy Johns’ does with their little logo, the smaller
rounder size.
Schostak: Exactly.
Bowling: That’s a good looking sign.
Schostak: The bottom image is a rendering of what it would look like at night, the white
letters are illuminated and there’s a red outline along the badge.
Caramagno: And you can see this red during the day?
Schostak: Correct.
Caramagno: And just this--
Schostak: That’s correct.
Caramagno: Very slick.
Schostak: It’s very slick, we’re proud of it so if we could get it up there we would be very
happy.
Jones: If we did go that option we feel it’s actually more visible because we could pull it
closer to the front instead of that MOD Pizza being so spread out. We feel that--people
would see that actually better than a whole MOD Pizza.
Henzi: So do that one on the side?
Jones: Yes.
Henzi: I’m not trying to pressure you, is that your preference?
Schostak: Yes, if we--if we were able to get it on the side we would be able to push it to
the--you know--closer to the edge of the building where it would be more visible from
Industrial--from the Industrial Road traffic light when MOD Pizza would go farther wide
out. And I can see where--you know--there would be a good argument where the site line
with Applebee’s might block that.
City of Livonia, Zoning Board of Appeals Page 9 of 15 July 28, 2015
Henzi: Is everybody in agreement with that? Instead of the mirror image MOD Pizza
superfast on the side of the building they would have the badge.
Coppola: Of what size?
Jones: It would have to meet whatever you guys give us in square footage reduction if
that is how you guys are leaning.
Bowling: I think the Jimmy John’s was about fifty percent if I recall the little circle on it--
Caramagno: Probably.
Bowling: And that is a good looking sign.
Henzi: Is it fifty, I thought you said sixty?
Schostak: We thought it--we thought it was sixty I don’t have any proof or any documents
showing that but it could be fifty.
Bowling: Craig, I know you sat this one out, do you have any recollection--fifty percent?
Pastor: I don’t remember.
Bowling: All right. It seems like that is what we usually--
Hanosh: I think that’s the way we write them up.
Fisher: Yes, it comes from the ordinance actually.
Henzi: So I don’t want to have a motion made and then you’re unhappy with it. I mean
is that acceptable?
Schostak: Yes, absolutely.
Henzi: Okay.
Bowling: So that would be on the side then? All right, so what are we talking about on
the rear? Are we talking about the logo or the whole MOD Pizza?
Schostak: The whole MOD Pizza as drawn up in the color elevations that you have.
Bowling: Okay.
Coppola: So the full 32 feet--square feet is what you are asking?
Schostak: Yes.
Fisher: Its actually 29 but yes.
Coppola: Is it 29?
Fisher: According to--
Coppola: According to this it says 29 I thought you said 32?
Schostak: Oh, okay.
Jones: We’ll take the 29.
City of Livonia, Zoning Board of Appeals Page 10 of 15 July 28, 2015
Fisher: Mr. Chair, I just wanted--is it possible for you guys to provide us a picture of what
you’ve shown us on the phone tomorrow so we have it for our records?
Schostak: Sure can.
Fisher: All right.
Henzi: I actually don’t mind the full size in the back. I came in the Menards entrance and
drove around the back, I think it’s necessary. There’s a door there that is not so clearly
marked and then Del Taco does not have--of course I mean they’ve got a different set up,
I think they need it.
Jones: Particularly with the drive-thru menu board, it can be overlooked.
Henzi: I would agree with that.
Schostak: It’s also a drive-thru lane--you’re crossing a drive-thru lane which--
Henzi: Exactly, I--that’s the first thing that I noticed. I didn’t know that you had the flashing
lights but I thought boy I would be real nervous if I was walking a couple of kids across
there hoping that somebody doesn’t come through there.
Jones: Yeah, that was--
Henzi: But that might actually help the drivers if you see that.
Schostak: Absolutely.
Henzi: Because that’s the other thing depending on how you come in you may drive
around the entire center before you park.
Schostak: Yes.
Henzi: Especially now when Industrial is shut down, so if you see that I think it alerts
them--it alerts drivers to hey watch out.
Schostak: Yes, I would agree with that.
Henzi: To watch that if you are going to come through that drive-thru that it’s an entrance.
Coppola: Are you talking about--
Henzi: In the back.
Jones: That was one of the points when we got MOD approved through City Council and
Planning Commission they were really strong on marking that walkway for that customer
entrance door so they made us put those flashing lights in which definitely help but a nice
sign would definitely bring more attention to that for sure because right now it’s still--it
doesn’t do much with nothing there for sure.
Henzi: Yeah, I--some people might think that’s the employee entrance.
Jones: Right.
Schostak: Right.
City of Livonia, Zoning Board of Appeals Page 11 of 15 July 28, 2015
Coppola: I agree that it needs some signage so people--you know--but I would suggest
that--I think it needs a sign and I’m fine with it, but I would suggest that anybody that gets
behind that building probably knows where they are going. They are not just going to
park behind that building and say hey there’s a MOD Pizza I’ll go in there. I don’t see that
but I think the sign is important so they know that’s an entrance. I agree with it, I think a
sign that’s 16 to 19 square feet would probably be sufficient but it’s not a hill I would die
on. If it’s 29 it’s 29, if it’s--I think a smaller one would look a little nicer but I fine with it
either way.
Henzi: Any other comments?
Caramagno: Mr. Chair. Just for clarification. You’ve talked about 32 square feet these
signs, you’ve talked about 29 square feet, what are the sizes of the signs.
Jones: Well I--when I signage vendor calc’d it, he came up with 32, but if you guys calc’d
it a little different and came up with 29--
Fisher: Yeah, 29 is what we sent the public notice at.
Caramagno: So at this point we are at 29 front, 29 rear, and half of that on the side
badge?
Jones: Correct.
Caramagno: Is that right? Can everybody agree--
Bowling: I can agree with that.
Henzi: Yep.
Fisher: It’s 73.
Henzi: It’s 73 instead of 87. Any other discussion about the rear sign, any compromise?
Okay, does anybody want to make a motion?
Caramagno: Mr. Chair.
Henzi: Mr. Caramagno.
Upon Motion by Caramagno supported by Bowling, it was:
RESOLVED: APPEAL CASE NO. 2015-06-31 (Rescheduled from June 30, 2015): An
appeal has been made to the Zoning Board of Appeals by TSFR Del Retail Center, LLC,
17800 N. Laurel Park Drive, Suite 200C, Livonia, MI 48152, on behalf of Lessee TSFR
Pizza, LLC (MOD Pizza), 13229 Middlebelt, Livonia, MI 48150, seeking to erect three (3)
wall signs, resulting in excess number of wall signs and wall sign area.
Number of Wall Signs: Wall Sign Area:
Allowed: One Allowed: 33 sq. ft.
Proposed: Three Proposed: 72.5 sq. ft.
Excess: Two (2 signs at 29 sq. ft. ea. and 1 sign at 14.5 sq. ft.)
Excess: 39.5 sq. ft.
City of Livonia, Zoning Board of Appeals Page 12 of 15 July 28, 2015
The property is located on the west side of Middlebelt (13229), between Industrial and
CSX Railroad, Lot. No. 101-99-0008-011, C-2 Zoning District. Rejected by the Inspection
Department under Zoning Ordinance 543, Section 18.50H,(a),2, “Sign Regulations in C-
be granted as modified for the following reasons and
1, C-2, C-3 and C-4 Districts,”
findings of fact:
1. The uniqueness requirement is met because the property is an end unit in a
divided strip mall with an entrance in the rear and the front of the building and
the extra signage is needed to indicate the public entrances.
2. Denial of the variance would have severe consequences for the Petitioner
because neighboring businesses have been approved similar variances for
excess signage.
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 have
been granted similar variances for excess signage.
4. The Board received no letters of approval and one objection letter from
neighboring property owners.
5. The property is classified as “industrial” 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 sign on the east side of the building facing Middlebelt will be 29 square
feet, the sign on the west side of the building facing Menards will be 29 square feet,
and the sign on the north side of the building will be the company logo badge at 14.5
square feet and will be located toward Middlebelt to allow maximum visibility.
ROLL CALL VOTE:
AYES: Caramagno, Bowling, Schepis, Coppola, Baringhaus, Henzi
NAYS: None
ABSTAINED: Pastor
ABSENT: None
City of Livonia, Zoning Board of Appeals Page 13 of 15 July 28, 2015
Henzi: Okay, the variance is granted with that one condition. All set?
Schostak: All set, thank you very much.
Jones: Yes, thank you.
Henzi: Do you want to send the badge to Mr. Fisher, and then I didn’t follow through with
the condition about the temporary but you can use your best judgment.
Schostak: Sure.
Henzi: I know you had a parking problem for the next week or so but--
Schostak: Yes, so when traffic changes I’ll take out the front signs and then at the end of
the week you can the now open sign that is temporary, that will be taken down as well.
The one hanging from the awning.
Henzi: Great, thank you very much.
Schostak: Thank you.
Jones: Thank you.
City of Livonia, Zoning Board of Appeals Page 14 of 15 July 28, 2015
Henzi: Is there a motion to approve minutes?
Pastor: Mr. Chair, I make a motion to approve minutes.
Henzi: May 12 and June 9?
Pastor: Yes.
Coppola: Support.
Henzi: Support by Mr. Coppola?
Pastor: Yes.
Henzi: All in favor say aye.
Board Members: Aye.
Pastor: I make a motion to adjourn.
Coppola: Support.
Henzi: Support by Mr. Coppola, all in favor say aye.
Board Members: Aye.
Henzi: The meeting is adjourned.
There being no further business to come before the Board, the meeting was adjourned at
7:43 p.m.
_______________________________
Matthew Henzi, Chairman
______________________________
Sam Caramagno, Secretary
/pcb
City of Livonia, Zoning Board of Appeals Page 15 of 15 July 28, 2015