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HomeMy WebLinkAboutZBA MEETING 2015-08-11 ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF REGULAR MEETING HELD AUGUST 11, 2015 A Regular Meeting of the Zoning Board of Appeals of the City of Livonia was held in the Auditorium of the Livonia City Hall on Tuesday, August 11, 2015. MEMBERS PRESENT: Matthew Henzi, Chairman Sam Caramagno, Secretary Craig Pastor Gregory Coppola Ben Schepis Jim Baringhaus MEMBERS ABSENT: Robert Bowling OTHERS PRESENT: Mike Fisher, City Attorney Scott Kearfott, 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 5 people present in the audience. (7:05) City of Livonia, Zoning Board of Appeals Page 1 of 28 August 11, 2015 APPEAL CASE NO. 2015-06-30 (Rescheduled from July 14, 2015): An appeal has been made to the Zoning Board of Appeals by Reza Gharibi, 15222 Taylor Blvd., Livonia, MI 48154, seeking to maintain a covered porch, however, now proposes its use as a carport, resulting in this structure being considered a second garage, which is not allowed. Number of Garages: Garage Area: Allowed: One Allowed: 640 sq. ft. Proposed: Two Proposed: 912 sq. ft. Excess: One Existing: 624 sq. ft. Excess: 272 sq. ft. The property is located on the north side of Taylor Blvd. (15222), between Five Mile and Cul-De-Sac, Lot. No. 093-05-0014-000, R-2 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. Kearfott, anything to add to this case? Kearfott: Not at this time, Mr. Chair. Henzi: Any questions for the--Mr. Pastor. Pastor: Mr. Chair. Scott did they pull a permit for this? Kearfott: Yes. Pastor: They did, thank you. Henzi: Any other questions? Coppola: Mr. Chair. Henzi: Mr. Coppola. Coppola: Mr. Kearfott, what is the code or ordinance for storage of recreational vehicles on residential property? Kearfott: You can store one piece of recreational--one recreational vehicle in the rear yard. Coppola: When you say rear yard can you more specific? Does it have to be behind? Kearfott: Technically behind the rear corner of the house so it is in the rear yard. Coppola: Okay, thank you. Henzi: Any other questions for Mr. Kearfott? I had one. Scott, I just wanted to go over the enforcements notes. The very last one is the entry at the bottom or the top? I’m just trying to get--I’m trying to figure out when somebody from Inspection last went out there. th It says January 30, I guess at the top--2015. Do you know if anyone has been out since? City of Livonia, Zoning Board of Appeals Page 2 of 28 August 11, 2015 Kearfott: I believe they have. I would--isn’t Jerome--has Jerome been out there? Gharibi: Jerome Hanna was there once when he wanted me to enforce some of the last- -the (inaudible). Kearfott: Yeah, I think Jerome has been out there after this date that is on this paper here. Henzi: Okay, and then presently Inspection is not doing anything they are waiting for the outcome of this case? Kearfott: That’s correct. Henzi: Okay. Any other questions. Coppola: Mr. Chair. Henzi: Mr. Coppola. Coppola: The notice of violation that was issued on May 6, 2015, in subparagraph one, it states, “The car port structure has been declared unsafe and its use or occupancy is prohibited by the Bureau of Inspection.” Can you--do you understand--do you know what the background on that is and whether that has been corrected? Kearfott: I believe it has not been corrected. They were to get a structural engineer out there and make any repairs to the structure to make it safe to support itself and I believe the petitioner was not happy with the findings of the structural engineer. And so I’m not sure where the petitioner is at at this present time. Coppola: So that violation is open? Kearfott: Correct. Coppola: And then subparagraph three talks about the structure must not be enlarged beyond the approved size or resubmitted, so my read of that then is that the port is bigger than what was approved in the permit? Kearfott: I don’t know that. I can’t say. Nobody said anything to me about the structure being too large. But I do have the permit in front of me and it says that it’s to construct a 16 foot by 32 foot covered patio on posts. Covered area not to be used for a carport or vehicle storage. That’s the permit so. Coppola: Is there a--in the code for covered porches is there a limit to height? Kearfott: No, I would have to defer to Mr. Fisher on this. Since it is a covered porch Mike- - Fisher: Mm-hmm. Kearfott: --is that different than an accessory structure as far as height? Fisher: Well I think this just takes the height--whatever the height of the house is. I don’t think height is-- Kearfott: An issue? City of Livonia, Zoning Board of Appeals Page 3 of 28 August 11, 2015 Fisher: --one of the problems with this. It hasn’t been identified and I don’t--I don’t think it is. This is attached to the house. It’s not a detached structure. Kearfott: I guess the answer would be I believe the height is okay. Coppola: All right, thanks. Henzi: Any other questions? Hearing none, will the petitioner please come to the podium? Good evening. Gharibi: Good afternoon, sir. My name is Rezi Gharibi. I’m a resident of 15222 Taylor Boulevard, Livonia, Michigan. Henzi: Go ahead and tell us about the proposed carport. Gharibi: I have some also--some also picture that you just mentioned that you have to represent it the reason I did the carport is all about and then I will proceed if you take a look at it. I have--since I bought this house I had some issue with the siding facing north. This place has become very leaky to my basement and all my bedrooms are located to the north side. So we end up--I end up doing to everything to stop this leaking to the basement by sloping there and putting some flat rock. I did what I could but I couldn’t stop these leaks. Basically what happening is just straight forward result in any soffit or result in any water reflectors, the water is rushing and going to the basement. And since this vinyl siding is just--I don’t know somehow there is no sun over there or whatever it is it’s just become more ground of mold--black mold, green mold. And this reach to the extent that my youngest daughter and my wife, and we couldn’t--especially in the spring time we couldn’t--we had some issue, my wife--my small--my youngest daughter was just waking up and she couldn’t breathe. I had--I had different plan you know there to just maybe just reflect some rain water from that side of the wall. For a while I thought maybe I can use the brick wall for a while and then I--when I looked at the basement my basement is two portion. One is a solid wall and then previous owner when the wanted to make ceiling higher, they used two blocks. Between the solid wall of the basement and two block there is a gap all around it. So that side I couldn’t do anything whatever I did the water was just rushing in and the vinyl siding was basically full of mold, black and-- So that is what I requested the City to give me some permit in order for me to just design something in order to reflect the water maybe twelve feet--twelve feet. And since this place was the driveway for my R.V. also to park in the back so I had to make it fourteen feet in order to give enough ceiling for clearance of my R.V. I did it and I made it, I saw some inspection from the City and I saw some suggestion and I just comply with them based on whatever I talked with Jerome. I just dabbled it. I added some additional rafter. I added some cement bolt, cement screws they wanted. But I am also a designer for 20 years. I designed the structures, not only statics but also dynamics. So I use efficient material over there to sustain these for a long time. But at this time I am just requesting the Board Member--Zoning Board Members to allow me to just park my R.V. a little bit forward because my back yard is basically my side yard. I have more space over there than the other area. This just allowing me to park maybe three feet forward in this structure, this will allow me in the backside to just have my lawn mower to move back and forth, to basically maintain it. And this will allow my kids to play in the tumbling they have City of Livonia, Zoning Board of Appeals Page 4 of 28 August 11, 2015 over there. And this will allow me to set up those inflated swimming pool for my kids to just enjoy the back yard. That is why my request is--you know--allow me to just park it forward. Henzi: When did you buy the R.V.? Gharibi: I bought the R.V. it was maybe last fall or last summer--last summer. Henzi: So do I understand that when you pulled the permit originally your intent was not to park the R.V. under the carport? Gharibi: No it wasn’t, no it--I requested it but they deny it, I have to go to the Zoning Board in order to get that permit. Henzi: Okay. Gharibi: So for the winter I usually park in the back so there is no issued. But in the summer for maintenance, for the kids playing around, for just you know--for just putting kids’ stuff, tumbling and some pool and some other stuff, I need to just park a little bit forward not that much. Maybe three fee forward in the structure. Henzi: All right. And why don’t you just park the R.V. at a storage facility? Gharibi: The storage facility doesn’t give me the warranty on the converter. When I asked about the store facility they told that by signing this we are not guaranteeing that your converter is not going to be removed from your vehicle. And from 20 vehicle--20 R.V. they parked over there they had about eight of them somehow somebody just leaves-- finds their way to the storage yard and they took the converter out of it. When you took the converter out of these R.V. vehicles you’re basically scrapping them. So by not--I couldn’t--I couldn’t allow to R.V. to be parked you know for this reason for that. Henzi: Any other questions? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: You said you were a designer, are you a licensed architect or engineer? Gharibi: I am engineer but I don’t have a license. Pastor: So you’re not a licensed engineer or architect? Gharibi: No I am not licensed engineer but I am practicing engineer. Pastor: Why type of engineer are you? Gharibi: Mechanical engineering. I work in the structure, I usually design dynamics for the parts--for the vehicle parts, chassis part, frames. Pastor: So you’re not a construction engineer, you’re a-- Gharibi: No, I’m not construction engineer but I am strictly familiar with the strand of the material I am using. I calculated it based on what they--on what my column is going to be and how much force is going to be stressed to it. And what is my load bearing and the status and dynamic condition. City of Livonia, Zoning Board of Appeals Page 5 of 28 August 11, 2015 Pastor: So when the City asked you to get an architect or an engineer involved-- Gharibi: I brought a structural engineer named Mr. John Holowick from City recommendation. He agreed--he commented on some things but its lower the ceiling so that my R.V. couldn’t move backward and forward. So when I asked Mr. Holowick to merely design he just disappeared and I asked Mr. Jerome--Mr. Jerome Hanna to come and see it. And I showed him what basically what he is recommending is just blocking my R.V. My R.V. couldn’t go--couldn’t pass. It seems to me you’re blocking the driveway. Pastor: Well it seems like you can’t get the R.V. underneath right now. It looks like the air-conditioning unit is hitting the roof right now. Gharibi: No, not right now but it hit-- Pastor: I was by there this evening. Gharibi: You want--all right. You’re basically believe that my R.V. is not passable from there. I just use it for the last two summers. I-- Pastor: Well it looked like to me that the air-conditioning unit was touching the rafter. Gharibi: No, it’s--yes, it’s very close to the rafter but what Mr. (inaudible) designed is just- -recommended was lowering the ceiling that I couldn’t move my R.V. back and forth in order to use it. I showed it to Mr. Jerome Hanna-- Pastor: Well if that was a structural engineer’s-- Gharibi: --and he has agreed. Pastor: --recommendation, that’s his recommendation. Gharibi: When they make it--when they make it-- Pastor: That’s like when you design a part for a car-- Gharibi: No. Pastor: --you tell him--you tell whoever you work for we have to use this not that. Gharibi: Exactly, when they suggesting something, something must be useful because I suggest many things but must be useful for such a--you know other than that if it blocks my vehicle what am I going to do then? Why my vehicle is going to be hostage in the back? Pastor: Well you did not apply for--you applied originally for a covered porch not a garage. Gharibi: Covered porch is my driveway also. So I’m-- Pastor: So it wasn’t supposed to be a garage or lean-to-- Gharibi: It wasn’t supposed to be it was supposed to be passage for my R.V. My R.V. could pass underneath of it and park in the back and then come out of it when I needed to use it. Pastor: You said--you have pictures in here and you’ve showed us pictures-- Gharibi: Yes. City of Livonia, Zoning Board of Appeals Page 6 of 28 August 11, 2015 Pastor: --of your leaking basement and other things. Why don’t you have a basement company come out there? Gharibi: I had a basement company out there. I just explained the-- Pastor: No, you did not. Number one, don’t over talk me. Gharibi: All right, sir, sorry. Pastor: Just so you know my background, I’m in the construction industry. Gharibi: All right. Pastor: I know there are basement people who can fix this basement leak very easily. There is waterproofing membrane, you can put it on the outside of the wall, you know, stop the leakage from the block. Gharibi: Can I talk? I get some recommendation from those people and those people-- some of those people that told me since your basement is from two pieces there’s always going to be gap between the solid first pieces and the second pieces. Whatever you-- whatever put the solid wall with the concrete this is going to leak. Pastor: This is not an unusual situation. I’ve seen hundreds of basements like this that don’t leak. There are ways of repairing it and not having a lean-to. The same thing with the mold on your siding. That’s--houses take maintenance and sometimes you have to maintenance your house. Gharibi: Sometime is with designing it. Pastor: I won’t disagree with that. Gharibi: All right. Pastor: But there are also ways of fixing that as well. Gharibi: Should be. Pastor: Other than a sixteen foot lean-to on the side of your house. Gharibi: Should be there is many way of fixing it, I agree with that, but that’s my decision to make. Pastor: Thank you. Henzi: Any other questions? Baringhaus: Mr. Chair. Henzi: Mr. Baringhaus. Baringhaus: Thank you. To get the vehicle from your backyard onto the street, how do you go about doing that? Gharibi: Very easily. It just basically, there is a gap over there, it’s just basically just I drove it in and out. Baringhaus: Over your lawn, over the sidewalk, over the curb onto the street? City of Livonia, Zoning Board of Appeals Page 7 of 28 August 11, 2015 Gharibi: Correct. Baringhaus: Thank you. Henzi: Any other questions? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Hey Scott, if he busts up his sidewalks isn’t he going to have to replace those when he is driving-- Kearfott: Oh, yeah. Pastor: --when he is driving a 30,000 pound or 20,000 pound motor home over the top of them? Kearfott: Absolutely. Pastor: The sidewalks aren’t designed to have traffic on them? Kearfott: Yeah, if they break from driving on them yeah he’ll be responsible to replace them. Pastor: Okay, thank you. Henzi: I-- Gharibi: Can I say something also? This is a sidewalk I paid two years ago in cooperation with the City to replenish the sidewalk--the concrete. If it happens I will be happy to do so again as an investment. Henzi: I have a questions for Scott. Scott, if we deny the petitioner and he had to park the R.V. in the back but wanted to keep the lean-to structure, now it’s not going to be carport-- Kearfott: It’s a covered porch. Henzi: It’s a covered porch. Number one, your office is going to have to be on the look out to see if he is complying with it, right? Kearfott: Correct. Henzi: And number two does he still have to fix it according to section one of his notice of violation? Kearfott: Correct, if he doesn’t fix it it will be ordered to be taken down. Henzi: And that’s true whether it is covered porch, carport, whatever you want to call it? Kearfott: Right, it’s an unsafe structure the way it sits. Henzi: Okay. Okay. Anything else? Any other questions? Mr. Gharibi, do you understand that? You have to understand that from our point of view if the Inspection Department says that something is declared unsafe, how am I supposed to sleep at night if some neighbor kids are in your backyard and this thing falls on them? City of Livonia, Zoning Board of Appeals Page 8 of 28 August 11, 2015 Gharibi: There is-- Henzi: Don’t you worry about that? Gharibi: I worry about that, and I am working with a Mister Jerome Hanna to fix it. Henzi: Don’t you worry about that more than your R.V. being passable? Gharibi: I fix it. My play--over there is no kids over there. Henzi: Can you answer that? Gharibi: No I am not worried about that because there is not kids over there and the structure is a hundred percent safe. Henzi: What if it is your kids? What if it is your family? Gharibi: I am-- Henzi: Don’t you worry about the safety of people in an unsafe structure more than the pass ability of your R.V.? Gharibi: With the structure I designed, each bolt can carry 50,000 pounds of load. There is no load over there. Henzi: Can you answer my question? Gharibi: This is not--no I don’t worry about it because I am solid on my design. Henzi: So you are only concerned about the pass ability of your R.V.? Gharibi: I--I’m--I have to use my property. Henzi: You can, you can park the R.V. in the backyard. Gharibi: I am--that is what I am doing, sir. I am parking in the backyard. Henzi: Then you don’t even need a variance. Gharibi: Exactly. But do I have--do I have to maintain my backyard? Henzi: You could park the R.V. completely in the backyard and not need a variance, isn’t that true? Gharibi: No, it’s not. Henzi: You couldn’t? Gharibi: I couldn’t. Henzi: You do it every winter you said. Gharibi: I couldn’t because in the winter I don’t do any backyard maintenance. Henzi: You could-- Gharibi: In the summer time that is issue. Henzi: Are you telling me it’s physically impossible to store the R.V. in the backyard? Gharibi: It’s not impossible-- City of Livonia, Zoning Board of Appeals Page 9 of 28 August 11, 2015 Henzi: During the summer? Gharibi: --it’s no-- Henzi: It is possible, isn’t it? Gharibi: It is possible. Henzi: If you wanted to keep the R.V. and you don’t want to pay for storage you’ll put it in the backyard, won’t you? Gharibi: I agree with that but my--my--my--my zoning, my appears over here it just allows me just three feet park in the structure in order for my house to be useful for my kids and I could maintain that background--that backyard. Henzi: I understand. But do you know how many petitioners I’ve seen in ten years who weren’t concerned about the unsafeness of a structure, zero, you’re number one out of thousands. Gharibi: I am solid in my background. I know what I design, I showed it to Mr. Jerome. Even the bolts and knots and the structure of pressure treated wood. I went to the--step by step of the specifications and pick and choose whatever I needed-- Henzi: Okay. Gharibi: --to make it safe for my kids. And to make it sure the inspection ground I have improve the rafter with City inspection you just mention over there and the last time I just sent a note to Mr. Jerome Scott to come and verify it the things I used over there. So the inspection must be completed by now but Mr. Hanna hasn’t got the time to come and review it. Henzi: Okay. Thank you. Anything else you want to say? Gharibi: I just need--you know--just some chances to use my backyard and allow my kid to play over there and then it’s just going to be a few feet. It is not--this roof is not park--my vehicle is not going to be parked fully because this roof is smaller than my R.V. So just allow to be parked maybe a few feet forward in order to--from the back I do my maintenance and my children enjoy my backyard by their toys and playing stuff. Henzi: Okay, thank you. Gharibi: I appreciate your time. Henzi: Any other questions? Have a seat and don’t go away. Gharibi: Thank you. Henzi: Anybody in the audience want to speak for or against the project? If so, come on up to the podium. Lawrence Bell: Good morning, gentlemen, my name is Lawrence Bell. I live at 15051 Taylor Boulevard. I just come down to see what was going on. I was reading this notice but now I’m totally confused as to why it got this far. You know, this guy I’m looking at it and it’s supposed to be a covered porch which I guess they approved for him to get it and all of a sudden it’s got to be a carport. And then now I’m listening and City of Livonia, Zoning Board of Appeals Page 10 of 28 August 11, 2015 it’s for leaks and something about his basement. So if this keeps going on I can say I want to put a shed in my backyard and I’ll just put up a barn. How far can this go? So I just say if he can’t get back down to the covered porch it should come down. Henzi: What was address again, sir? Bell: 15051 Taylor Boulevard. Henzi: Thank you. Bell: Because you can always like you say basement leaks and all that they’ve got contractors good for that. And this here started off--I could go for a permit, covered porch. I don’t know which covered porch, patio whatever you want to call it. But I don’t know the size they allow for that and when you say a porch on the side of the house, front, back you know, that’s what got me confused. But right now, the high it’s going, I come in, I’m totally confused. I say leaks in the basement, cracks in the wall, he going to put this up to keep it secure, right now I can’t go for it. I hate to say that to a neighbor but let’s go by the rules and keep it going because you set a precedent to that he will never stop. Henzi: Thank you. Bell: That’s all I have to say. Henzi: Thank you. Gharibi: Can I ask a question of my neighbor? How far away he’s living from my house? Henzi: No-- Bell: Well I got a letter I’ve got to be 300 feet-- Henzi: Hold on--hold on--you can’t ask questions. You have to talk through me. So, you’ll get the opportunity for a closing statement and the way we normally do it you’ll be able to bring that up in the closing statement. Gharibi: All right. Henzi: But you can’t talk. It’s too hard for the record and it’s also just not proper order. Gharibi: Sorry about that. Henzi: Come on up. Steve Raymond: I’m Steve Raymond, 15097--excuse me, a little nervous. First of all I don’t understand why this thing was allowed to be built in the first place. I’m not a construction engineer I am in construction also. And when I see a building dipping in the middle it’s not about bolts it’s about the wood cracking. So I guess I’m asking is why would the Board allow this to be built in the first place? Henzi: Well the original permit pulled was just for a covered porch. So traditionally you think of a covered porch in the front but it doesn’t have to be. Raymond: Or in the back. City of Livonia, Zoning Board of Appeals Page 11 of 28 August 11, 2015 Henzi: So it--well, there’s other things that go into it. It can’t be too close to the side yard, there might height requirements, there might be other requirements. It can’t be too close to the back, things like that. But as you heard earlier, Mr. Kearfott read the permit it was okay for a covered porch but it was not to be used for a carport. And then the petitioner’s changed his mind and has said I would like relief from your ordinance that says I can only park my R.V. behind the rear of my home and move it up along the side. Raymond: Right, which the rear of the home to me is the side of the home anyways because you can see the whole house itself, the side and everything else. So-- Henzi: Right, that’s--he’s saying-- Raymond: And it’s always been parked on the side from the get go. There’s always been three feet of that R.V. sticking on the side. And besides that he built four more feet out and now he is building a side wall. So, I don’t think anything is going to change here unless you guys make him take this thing down. Because I think the water thing is a crock because we had to fix our basement too, the water leak we had. So as far as his thing of building it for the water that’s another B.S. So anyways I’m against it. I’ve already talked to him about it and gave him my opinion about it and I hope you guys decide to have him tear it down. Henzi: Thanks. Raymond: Plain and simple, thank you. Henzi: Anybody else? Are there letters? Caramagno: Yes. We have letters of objections from William and Debra Genard, 27499 Five Mile (letter read), David Loder, 15213 Taylor (letter read), Joaquin Lopez and Maria D’Agostino, 15075 Taylor (letter read), Peter Feges, 15126 Taylor (letter read), and a letter of approval from Douglas Moore, 15126 Taylor (letter read). Henzi: Okay, Mr. Gharibi, anything you would like to say in closing? You have the opportunity for a closing statement. Gharibi: Had I known there was all this, I believe many of them mis--read it so I need to know their house and number and who is just--you know who just wrote whatever. Those housing numbers you just said-- Henzi: Well you can get copies of all the letters if you want in the ZBA office tomorrow. Gharibi: All right. Henzi: You can make a FOIA request and you can get the actual letter. Gharibi: Can I know their house numbers--the house number right now just-- Caramagno: I’ll give it to you, hold on. These people objected to you, 15126 Taylor, 27499 Five Mile Road, 15213 Taylor, 15075 Taylor, and 15213 Taylor, they all objected. Gharibi: All right. There is no agree? Caramagno: There is no what? City of Livonia, Zoning Board of Appeals Page 12 of 28 August 11, 2015 Gharibi: There is no agreement? I thought that that house agreed that it’s not my-- Henzi: Yeah, there is one. Caramagno: Douglas Moore, he had two letters here. Henzi: It’s from last time. Caramagno: All right, Douglas Moore, 15176 Taylor. That’s actually an approval. Henzi: So you have the opportunity to make a closing statement if you’d like to comment on things that were said. You can try to persuade us about why the speaker was wrong but you can’t direct questions to the speaker. Gharibi: The first--thank you. The first gentleman talked I just don’t know--this was supposed to be a neighbor that has a 300 feet away from me. This gentleman is far off. Henzi: No, I don’t think so. Gharibi: I just measured it. By any chance can I know that--is there any--how many letters were sent around? Henzi: I don’t know. Gharibi: All right. Henzi: You’d have to go to the ZBA office. Gharibi: All right. All right by these--those people that didn’t respond do you consider them agree or disagree or they don’t care? Caramagno: Everyone except the last one was in disagreement with your petition. Gharibi: All right. No but by the whole letter they sent out, I thought that since some point in time I had been told 20 letters--20 letters had been sent out but I’m not sure about the amount of them, what do you think about those 16 people or 15 people that did not respond, what do you consider them as a positive, a negative, or I don’t care? Henzi: Neither, that’s like somebody doesn’t vote and you ask them who did you vote for, it just didn’t happen. Gharibi: But they are still living in my subdivision, correct? Henzi: We take your side into account, we take all the neighbors side into account that take the time to show in person and write the letters and we make our decision from driving by your house-- Gharibi: All right. Henzi: --and we try to do the best we can. Gharibi: All right. Henzi: That’s all I can say. Gharibi: For the gentleman who used the B.S. over here he just dropped by when I was building it. He violently disagreed with me why the City gave it to you this permit. I say City of Livonia, Zoning Board of Appeals Page 13 of 28 August 11, 2015 that in my living area in Livonia why so many--many people they put the cover roof to a different portion of their house. Front, some of them to the porch in the back, some of them in different area. I can show them tons of them so this my basic right. He told me that how come--how come you can’t put the cover roof over there but you don’t sit underneath of that. I say that how do you know that I am not going to sit underneath of that. He said that there is a fuse box over there or whatever is there. So his objection was there. He told me that if you are going to build this one for the leaky shield that is nonsense, you don’t have a leak. Did I sent you guys when I showed the picture did you see the leak of this house in my petition? Is there a leak at that house? Is there a leak of mold build on the surrounding vinyl siding or inside the--inside the basement, do you see them? How other way I can prove these gentlemen there is some issue with me and my kids couldn’t breathe with waking up at midnight that I couldn’t breathe. My wife couldn’t breathe, couldn’t sleep because this siding is just maybe two feet away when you put the pillow over there. All are living--all are sleeping homes--sleeping rooms are over there, our bathroom is over there. So how you want me to tell that kid that you cannot sleep in your bedroom? How I can say to my wife that all right let’s go sleep on the couch. Why do I need approval to get these people approval in order to make something that will prevent my family from suffering respiratory disease? You cannot--you cannot breathe in the rainy season. The mold is just developed over there. What other option I have? Why I cannot use option which is suitable for me? Henzi: I understand that but-- Gharibi: In response to the people why do they use-- Henzi: --but we are not here to talk--you can have the covered porch. You’re asking to use it as a carport. I think your time would be better spent if you try to convince us why you should be able to use it as a carport. Gharibi: I just thought--thinking about that--I just asked just to maintain this issue, kid issue, playing issue, house, I can’t go from one side to another. If I don’t maintain then I will be guilty for it because then the inspections come. These are the people in past few--since I build that, this is Steve, I have been told that this gentleman just vandalized my vehicle. I have solid evidence from the neighbor that they saw him he threw and he broke my windshield two months after I bought them. He say that I couldn’t have my R.V. why should you. These are the family vandalized based on what the neighbor told me that. So he’s against from the beginning, it’s not a porch. These people are over there just wanting to tell the people what I can do what I cannot not do. These people basically living over there asking--leaving people handouts because they need to sent you notes--handout this is your water, this is your $90.00 flower they put in the front. And I went out there and there is nothing has been put in over there. So this is the kind of people they come to my house I don’t know them that much, they are living far away. They are not attached to my house, they are living--I don’t communicate with them. Suddenly guy just showed up over here, parked a vehicle and then come why you are building this structure? Why City gave you permit? Henzi: Okay, we get that you disagree. And you’ve made your point but don’t waste your breath getting into mudslinging-- City of Livonia, Zoning Board of Appeals Page 14 of 28 August 11, 2015 Gharibi: No, I’m not-- Henzi: --just try and convince us why you should keep-- Gharibi: --I’m just trying to respond--I am sorry-- Henzi: We have a court reporter, she is typing down every word tonight, you can’t speak with somebody else is speaking. My point was just try and convince why you should be able to use this as a carport. Gharibi: I will thank you for the opportunity you gave it to me. I want to make a just-- opportunity to have two feet in order for myself, my backyard, to be at full extent of the use and my kids could just play over there because the street is dangerous. They can play over there by putting my vehicle forward. I appreciate your time and thank you for the opportunities. Henzi: Thank you. I’ll close the public portion of the case and begin the Board’s comments with Mr. Schepis. Schepis: There’s a couple of things going on here one of which with all respect to you and the Building Department says the structure isn’t safe then that is sort of where I think we have to agree with them. You know as far as the other hardships that you’ve brought up, I think they can be addressed in other probably better ways for you. You know water proofing your basement is probably a more efficient solution but I agree that that is your choice. I’d like to hear what the other members of this Board have to say but I don’t--as it stands right now I don’t think I would be in support of this. Henzi: Mr. Pastor. Pastor: There’s absolutely no way that I can be in support of this. Your neighbor mentioned that the roof dips, and it actually went by me. I am looking at the picture right now and that roof goes up and down all the way the down. I don’t understand why you would even think this is a safe structure. If I built something like this for one of my customers I would be out of business in ten minutes. I think this looks hideous. I am surprised that the City even allowed this to happen so there is no way that I will be in support of this at all. Henzi: Mr. Caramagno. Caramagno: I would agree it’s absolutely terrible to think that this even belongs in this City is ridiculous. Putting an R.V. the size of that on the side of your home under a structure built like this will not fly with me. I have sympathy for your water issues but as you’ve heard you will probably find out there are remedies for that and this isn’t it. I would--I don’t know if I would make the motion or not but I would entertain a stringent time frame for getting this inspected or removed--and or removed. Henzi: Mr. Coppola. Coppola: I think the issue at hand here is while the structure is awful looking probably needs to be taken down or remediated I think is outside the scope of what we are looking at today. The issue at hand here is do we allow a zoning variance to be able to use it as a covered porch to park a R.V. on the side of the house. So you’ve got two City of Livonia, Zoning Board of Appeals Page 15 of 28 August 11, 2015 issues here, you’ve got one a second garage issue and number two parking a vehicle on the side--R.V. on the side of the house. I don’t think you’ve demonstrated to me and I’m only speaking for me, that there’s significant hardship. There’s many options for you and your R.V., you can go to a secure site, there are secure sites. There’s also covered, there’s also contained sites, there are inside sites, there are lots of places you can put your R.V. You can leave it in the backyard if you would like to too. It fits in your backyard and then when you maintain it you can move it forward, maintain it, put it back. I have just not been convinced that there’s a significant hardship here to allow these--what I consider to be two variances request which is a second garage and then parking an R.V. on the side of the house. Henzi: Mr. Baringhaus. Baringhaus: I think the heart of this case is the fact that it is unsafe. And I agree with some of the other opinions of the Board that it needs to be inspected, corrected or removed. End of story. I sympathize with the petitioner for the hardships he did identify but then again there are options to correct those separately. The history of the structure is intriguing. It started as a covered porch and it turns out it is a covered porch with a 14--16 foot roof on it. And now it is suddenly evolving into a carport which is leading to the argument for the second garage. I am not in favor of this. Henzi: Neither am I. I think that the hardship is entirely self-created. I think that the only alleged hardship was that this is a corner lot where the side yard is the rear yard. But the problem with that is that this R.V. can be and is stored completely in the north side of the lot. In fact there are pictures attached to the application where the R.V. is stored there. Or it can be stored somewhere else. I agree with Mr. Caramagno we should give a strict time frame. Now perhaps something has happened in the last week or so like the petitioner said which would cause the Inspection Department to reverse its position that it is currently unsafe but that’s got to be taken care of. The last thing that I will say is that this is the type of variance that during my time on the Board the Board has unanimously decided it is a legislative function. Not one person that I’ve ever seen applied to put their R.V. in the side yard has ever been approved. And the number one reason throughout all these years that I’ve been on the Board is that it’s the type of variance unlike a lot of others either you’re allowed to have the R.V. or you’re not. It’s the type of thing that the City Council should either allow or they don’t. To me there’s no wiggle room. And so I’m not going to change the way that I’ve voted over the last ten years or so. So for those reasons along with all the ones stated by the other Board members, I’ll vote no. The floor is open for a motion. Upon Motion by Caramagno supported by Pastor, it was: RESOLVED: APPEAL CASE NO. 2015-06-30 (Rescheduled from July 14, 2015): An appeal has been made to the Zoning Board of Appeals by Reza Gharibi, 15222 Taylor Blvd., Livonia, MI 48154, seeking to maintain a covered porch, however, now proposes its use as a carport, resulting in this structure being considered a second garage, which is not allowed. City of Livonia, Zoning Board of Appeals Page 16 of 28 August 11, 2015 Number of Garages: Garage Area: Allowed: One Allowed: 640 sq. ft. Proposed: Two Proposed: 912 sq. ft. Excess: One Existing: 624 sq. ft. Excess: 272 sq. ft. The property is located on the north side of Taylor Blvd. (15222), between Five Mile and Cul-De- Sac, Lot. No. 093-05-0014-000, R-2 Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section, 2.10(5), “Definition of Miscellaneous Terms; Garage Private,” be denied for the following reasons and and Section 18.24, “Residential Accessory Building,” finding of fact: 1. The petitioner has not demonstrated a practical difficulty. 2. The alleged practical difficulty is self-created and not more serious than an inconvenience. 3. The proposal to store a recreational vehicle in the side yard under a carport did not meet the Board’s criteria for granting a variance. Further, The petitioner has 30 days to either remove the carport or convert it to a compliant covered porch. ROLL CALL VOTE: AYES: Caramagno, Pastor, Schepis, Coppola, Baringhaus, Henzi NAYS: None ABSENT: Bowling Henzi: Mr. Gharibi, your variance request was denied. You’ve got thirty days in which to comply with the notice of violation date May 6, 2015 in order to bring it back to suitable status as a cover porch or remove it. Gharibi: I have been working with Mr. Jerome Hanna. I fixed those issues he was concerned about-- Court Reporter: He needs to go to a mic, I’m not picking him up. Gharibi: On improvement I am working with Mr. Hanna. Henzi: Then it shouldn’t be a problem. City of Livonia, Zoning Board of Appeals Page 17 of 28 August 11, 2015 Gharibi: Yes. Henzi: This is the Board’s ruling. Gharibi: Correct. Henzi: We gave 50 minutes quite honestly on something in my opinion was a slam dunk. I mean no disrespect by that but it was. It was an easy decision. Gharibi: I don’t know why you brought me over here and what I say I’m working with Mr. Hanna and-- Henzi: I didn’t bring you anywhere, you’re the one that brought this up. The case is over, we are about ready to go onto the next case. We have a gentleman from another street with a different petition who is waiting to get up here and have his turn. There is nothing else we can do for you. Gharibi: All right--all right, then I thought maybe you want--can I take my pictures that I passed over. Henzi: Yes and I’ll say this. Anything you need to do you can talk to Jerome and anybody else in the Inspection Department about carrying out what the Board did tonight and complying with it. City of Livonia, Zoning Board of Appeals Page 18 of 28 August 11, 2015 APPEAL CASE NO. 2015-07-37 (Rescheduled from July 14, 2015): An appeal has been made to the Zoning Board of Appeals by Ronald Battani, 19980 Rensellor, Livonia, MI 48152, seeking to erect a detached garage, resulting in excess garage area. Existing garage to be removed. Garage Area: Allowed: 660 sq. ft. Proposed: 780 sq. ft. Excess: 120 sq. ft. The property is located on the east side of Rensellor (19980), between Pembroke and Fargo, Lot. No. 001-04-0072-000, R-1 Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 2.10(5), “Definition of Miscellaneous Terms; Garage Private.” Henzi: Mr. Kearfott, anything to add to this case? Kearfott: Not at this time. Henzi: Any questions for Mr. Kearfott? Hearing none, will the petitioner please come to the podium? Good evening. Battani: Good evening. Ronald Battani, 20008 Rensellor. I’m the owner of the property at 19980 Rensellor. Henzi: Go ahead and tell us about the new garage you want to build. Battani: The current garage is way too small. It was built in the late ‘40s early ‘50s. It’s- -all it is is just a storage at the present time. I’m going to put up something so that I can get my vehicles into something. And also I have a trailer and a few other items that I want to get in the garage so I can get them out of the weather that they never been out of the weather. Henzi: When I drove by there was--it looked like an SUV parked in front. Could you even fit that in the garage? Battani: It’s very tight. Henzi: Very tight? Battani: Yes. Henzi: Okay. Was the garage--do you know if the garage was built at the same time as the house? Battani: No the house was built just after the war and the garage was probably built maybe seven or eight years later when he had funds to do that. Henzi: Okay. The only other question I have is can you tell us a little bit about the building materials, you know what the new garage is going to look like, things like that? City of Livonia, Zoning Board of Appeals Page 19 of 28 August 11, 2015 Battani: I think your plans are pretty--I had an architect draw this for me and I explained to him what I wanted and he pretty much put it together for me. I haven’t looked at the plans recently because it’s been a while since I really looked at them. But just vinyl siding on the outside, it’s just a cold storage garage with a garage door and just like I said just to get my vehicles in and out of the weather. And for security purposes. We do have a few people in the neighborhood that want to take advantage of people’s vehicles and things. My mine sit out all the time and I just don’t want that anymore. Henzi: When are you looking to build, as soon as possible? Battani: Yeah, I mean I’ve been delayed now some time that I could have been working on it but you know depending what you people decide this evening yeah, I’d like to finish up in my own personal garage and then see what my time frame is as far as putting this up. And I don’t know the rules of your committee if I still need to do it this year or if I can do it first thing in the spring. Henzi: Well, you-- Battani: Because of the time frame you know of the summer is just about gone. Henzi: The reason I ask is that if you wanted to start we could make a motion at the end, if you’re approved, that we can waive the five day waiting period which would allow you to start tomorrow. Battani: Okay. Henzi: That is if we-- Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Is this a rental home, because you gave two different addresses? Battani: Yes, it is. Pastor: It’s a rental home that you’re going to park your vehicles in this garage? Battani: Correct, because I don’t have the space next door. The garage next door was not built for cars either. I mean you can get small vehicles in there but you cannot get--I have two vans that I currently own and I need something that I can get the vans inside. And the garage next door does not have the excess to do that. Pastor: How many lots does this house have? Battani: Three. Pastor: Three lots. Do you have any intention of splitting those lots in the future? Battani: No, the house and the garage are on two lots as itself and there’s a separate lot on the south side that is just going to be part of the home, it’s never going to be split or built on. Pastor: Two vans, why do you have two vans? Are they business vans? City of Livonia, Zoning Board of Appeals Page 20 of 28 August 11, 2015 Battani: Yes and no. I mean I do tinker work but I had them for when I retired to haul things around and stuff so I just like vans. Pastor: What is tinker work? Battani: Repair work, you know. Pastor: Auto repair, home repair? Battani: Home repair and it’s mostly to keep my parents’ houses and stuff like that. So it’s more to store my own tools in so that I can go out and take care of my elderly people or parents or stuff. I had to have something to be able to haul things in. Pastor: Why a nine foot garage door? Battani: Pardon me? Pastor: Why a nine foot tall garage door? Battani: That would be access so I can get my van in. Pastor: You can get a van in an eight foot door too. Battani: That’s going to be a little tight. Pastor: Why is your trusses up--you have a lot of head room in this. Battani: Correct, when I told the architect that I wasn’t going to use any storage up above which would be a waste of space for me, this is what he came up with and what I explained to him that I wanted. Pastor: Okay. Any power to the garage? Battani: No, sir, it’s just a cold storage garage. Its affordability at this time. It’s going to be expensive enough just tearing the old one down and putting a new one up. Pastor: Thank you. Henzi: Any other questions? Baringhaus: Mr. Chairman. Henzi: Mr. Baringhaus. Baringhaus: What are your plans for the driveway? Battani: Just gravel at this time. Just a front cement apron, you know whatever the cement guys suggests and then it will just be a gravel driveway at this time. Baringhaus: Thank you. Battani: Okay. 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 podium. Can you come to this one, I think the mic is over on this one, sorry. Good evening. City of Livonia, Zoning Board of Appeals Page 21 of 28 August 11, 2015 Jean St. Clair: My name is Jean St. Clair. I live at 20010 Rensellor. I am against the project because he wants to put the pedestrian door on the north side of the garage which is next to his lot where he resides at 20008 Rensellor not on the property of 19980 which would be for the house that is on that property. The garage when you look at it is close to the street and not close to the easement for the utilities. I’d need it to be setback to be in conformance with the other garages on the street so that it’s more conformance. When you put the pedestrian door on the north side that’s going to reduce the property value of that home when it goes up for sale. It does not make it conducive to the homeowner who buys that property to have to go around to the side on the north to use the garage when that property is sold. This is not a hardship for him it is a want because he wants to put his vehicles in it along with a trailer. So it’s not a hardship because as he said he wants to put these in out of the weather. Those are my main conditions if he were to put the pedestrian door on the south side of the property and then also put it back near closer to the easement I wouldn’t have an objection to it. But those are my two main problems that I have with that. The pedestrian door would have to be on the south side of the garage and also set back further from the street. Henzi: Let me make sure that I understand about the set back. The way that I read these plans he is putting it in same spot as the existing garage. St. Clair: Right, and that’s-- Henzi: Are you suggesting that he should build it farther back? St. Clair: Yes, because he’s got probably thirty feet back closer to the easement for the utilities to make it in line with all the other garages on our street. It would be closer the-- equal with his garage on his property on 08. Henzi: Okay. St. Clair: Do you understand what I am saying with that? Henzi: I see what you mean. St. Clair: Okay. Pastor: May I? Henzi: Mr. Pastor. Pastor: I’m sorry, Mr. Chair. I am very confused about this. What difference does it make it is in back of both houses. The garage would be setting in back of both--the house that the garage is on and the next door house. What difference does it make if it is further back? St. Clair: All the other houses on our block the garages are pretty much in line and now this one is set probably about fifteen feet in front of the garage that’s not in line. Pastor: Well it’s an existing garage right now. He’s putting it in the same spot that the existing garage is in. St. Clair: But it is larger. This is a car and a half right now. City of Livonia, Zoning Board of Appeals Page 22 of 28 August 11, 2015 Pastor: I got that but it’s in the same spot. So I don’t understand why you are asking to put it--I assume when you say easement you’re referring to the property line? St. Clair: The utility easement right. Pastor: The back property line? St. Clair: Right. Pastor: I don’t understand why you want that? St. Clair: It just doesn’t sit right with me that it would not be in conformity with the rest of the houses on the street. That’s my issue with it is that it is not conforming. Pastor: Okay, let’s go to the side garage door. What is your issue with that? Because the garage is 11 foot four inches away from the side property line. So in essence if he wanted to put a fence around his property line, to the back what not-- St. Clair: He took the fence out on the side-- Pastor: Okay, what I am saying is its 11 feet from the property line and I don’t understand why you don’t want the door on the north side? I’ve been on this Board for 12--13 years and I’ve never had anybody say I don’t want the door on some spot and I’m trying to figure out why? St. Clair: Because it makes it looks like he is making his single lot into a double lot so that he will have two garages on his one piece of single property when you look at it. Pastor: But in essence that’s not what it is. St. Clair: I don’t-- Pastor: It’s literally on the other lot. St. Clair: It is but it looks like that is what he is trying to do. When I had a discussion with him it looks like that is his intent was to make it a double lot without splitting the property and adding it to his. Pastor: The plans that I’m looking at he literally cannot do that. Thank you anyways. Henzi: Is your concern that because it is on the north he is going to walk from his house to that new garage? St. Clair: Part of it is that property is a rental. He is using the home as a rental. So the tenants will not have--well are supposed to have access to the driveway. He’s not supposed to be on tenant’s property and that is the tenant’s property the driveway. So he is looking for an easement by driving on the property because he is pulling his vans out every day when he has that property rented to someone. So-- Henzi: Well he’s planning to bring construction equipment in spend about two weeks in their backyard building a new garage. St. Clair: It’s not rented right but I’m just saying when that is finished and he has his vehicles in there and it is rented he will be on their property whenever he needs to pull his vehicles out which would be daily. City of Livonia, Zoning Board of Appeals Page 23 of 28 August 11, 2015 Henzi: Maybe he has an agreement. St. Clair: But the law says that they have a right to have peaceable living without the landlord on the property every day. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Can you send me that law please because I’ve never heard of a law like that. St. Clair: Not off the top of my head, no. Pastor: Mr. Fisher? Fisher: Well, she may be referring to the fact that a lot of leases have a covenant of peaceable occupancy or something like that. And again I’m not aware of that being in a statute anywhere but this is not--I don’t practice landlord tenant law so I’m not as up on that as I maybe could be. Pastor: Okay. Just haven’t heard of that before so. It’s his property I mean he can write it out anyway he wants. He can tell you if you’re the lessee that garage is mine, I’m going to use that driveway any way he wants and you are going to pay $10.00 a month for the house. It’s his right to do that. St. Clair: I agree. Pastor: So I guess I’m a little confused why you--thank you. St. Clair: My main concern is in the future when the house goes for sale the door will be on the wrong side for the person who buys the house and that will reduce the price of the property. Plain and simple because I’m not going to want a house that I have to go around and it makes it inconvenient. It’s like I would want to close that door up and put another door in so it’s more convenient for me. Pastor: And that would be your right. St. Clair: I know I’m saying that is part of the problem. Pastor: That’s not a problem, ma’am. Certainly, I can show you many houses that have a door on the side of the garage. I can show you hundreds of them. So it’s not a problem. St. Clair: Whatever. Pastor: Thank you. St. Clair: Mm-hmm. Henzi: Any letters? Caramagno: Letters of approval from Monique Childerston, 19934 Rensellor (letter read), William Leckman, 20029 Rensellor (letter read), Victoria Paschke, 19963 Inkster Road (letter read), Judy Miracle, 20036 Rensellor (letter read), Ezio Walter Masciulli, 19917 Rensellor (letter read), Anthony Chordej, 19949 Rensellor (letter read), Dena Allen, 19962 Antago (letter read), James Williams, 20035 Rensellor, Lot No. 94 and Lot City of Livonia, Zoning Board of Appeals Page 24 of 28 August 11, 2015 No. 94, (letter read), Victoria Paschke, 19963 Inkster Road (letter read), Misty Hicks, 20044 Rensellor (letter read), and Heather Collins, 19909 Rensellor (letter read). Henzi: Mr. Battani, anything you want to say in closing? Battani: No, sir. Henzi: Okay, I’ll close the public-- Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Mr. Battani, I have a question for you. Can you come up to the podium please? Battani: Yes, sir. Pastor: Just so I am clear, why can’t you build a 660 square foot garage and do it all the way you want to do it? Battani: When I looked at the property and purchase the property I wanted something so that I could get all my things inside. And when I discussed it with the building department before I presented my plans they suggested that the amount of area that I had that I could probably go a little bigger and be able to present it to you people and have that granted. I mean so I figured the six foot bigger and the two foot wider wasn’t going to really create any problems and I--you know--I don’t know what else to say. I just figured the extra feet would allow me to get my vehicles and stuff in the garage. Twenty-four by twenty-four is really going to make things small for me and I probably won’t get everything in so the extra six foot would definitely benefit me. Pastor: Okay, thank you. Henzi: Anything else? Then I will close the public portion of the case and begin the Board’s comments with Mr. Pastor. Pastor: You’ve got a large lot here. I see absolutely the need for a different garage. The garage you have there is inadequate by best. I didn’t ask the--ask him if he had a basement in his home or not-- Battani: No, sir, it’s a three foot crawl space, sir. Pastor: Okay, that even gives me more reason to approve the excess of 120 square feet. I hope he never sells that third lot because if it was only two lots I would question myself on that but because he has three lots I think I can support this petitioner. Henzi: Mr. Caramagno. Caramagno: I will be in support. This is a large--it’s almost a triple--it is a triple lot in this neighborhood. What you are taking down is old and out of date and improving the neighborhood as you’ve heard from a lot of residents on the letters. This square footage you are asking for I don’t think is terribly unreasonable after all you could probably put a shed on the property as well and I would rather see one nice building than a couple of them. So I will be in support. Henzi: Mr. Coppola. City of Livonia, Zoning Board of Appeals Page 25 of 28 August 11, 2015 Coppola: I won’t repeat what my other two associates said. I am in support of this, I think the property is large enough to handle a structure like this. Henzi: Mr. Baringhaus. Baringhaus: I feel the property is adequate to support the size of the building. Again, the petitioner has demonstrated a need to update the building to a more current design for the garage. So I support this. Henzi: Mr. Schepis. Schepis: I would also agree. This is a pretty small excess compared to some others that we have seen. I think you’ve demonstrated a hardship and I think it will improve the neighborhood so I would support it also. Henzi: I too will support it. I will make two comments. Number one the tenant approved--sent in an approving letter. And then number two I really don’t have no problem because he could put a 660 square foot garage and a 200 square foot shed which would be 860 and he’s not even asking for that much. So to that end I would suggest no outbuildings, no additional outbuildings condition on the motion. But I have no problem with what he was requesting. The floor is open for a motion. Baringhaus: Mr. Chairman. Mr. Henzi: Mr. Baringhaus. Upon Motion by Baringhaus supported by Pastor, it was: RESOLVED: APPEAL CASE NO. 2015-07-37 (Rescheduled from July 14, 2015): An appeal has been made to the Zoning Board of Appeals by Ronald Battani, 19980 Rensellor, Livonia, MI 48152, seeking to erect a detached garage, resulting in excess garage area. Existing garage to be removed. Garage Area: Allowed: 660 sq. ft. Proposed: 780 sq. ft. Excess: 120 sq. ft. The property is located on the east side of Rensellor (19980), between Pembroke and Fargo, Lot. No. 001-04-0072-000, R-1 Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 2.10(5), “Definition of Miscellaneous Terms; Garage Private,” be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because of the size of the lot and ability of the property to take on a building of this size. City of Livonia, Zoning Board of Appeals Page 26 of 28 August 11, 2015 2. Denial of the variance would have severe consequences for the Petitioner because Petitioner cannot currently store his vehicle in the garage and is in need of a larger garage. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because the neighbors are in support of the petition and it will improve the area. 4. The Board received 11 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 Petitioner may not have any additional out buildings on the property. 2. That the building permit will be issued immediately and the five day rule is waived. ROLL CALL VOTE: AYES: Baringhaus, Pastor, Coppola, Schepis, Caramagno, Henzi NAYS: None ABSENT: Bowling Henzi: Mr. Battani, your variance is approved with two conditions. We waive the five day waiting period so you can actually pull a permit tomorrow. And you can’t construct any other outbuildings. Battani: That’s fine. Henzi: Good luck to you. Battani: Thank you, sir. City of Livonia, Zoning Board of Appeals Page 27 of 28 August 11, 2015 Pastor: I think we have some minutes to approve. Henzi: Yes, June 30 and July 14. Coppola: Should we do them separately? Henzi: Yeah, do them separately. th Pastor: I’ll do June 30, make a motion to approve. Coppola: Second. Henzi: All in favor say aye. Board Members: Aye. Coppola: I make a motion to approve minutes of the regular meeting held on July 14, 2015. Pastor: Support. Henzi: All in favor say aye. Board Members: Aye. Henzi: Henzi abstains. Pastor: I make a motion to adjourn. Coppola: Support. Henzi: Motion and support all in favor say aye. Board Members: Aye. Henzi: We’re adjourned. There being no further business to come before the Board, the meeting was adjourned at 8:24 p.m. _______________________________ Matthew Henzi, Chairman ______________________________ Sam Caramagno, Secretary /pcb City of Livonia, Zoning Board of Appeals Page 28 of 28 August 11, 2015