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HomeMy WebLinkAboutZBA MINUTES 2016-01-05ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF REGULAR MEETING HELD JANUARY 5, 2016 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, January 5, 2016. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Matt Henzi, Chairman Sam Caramagno, Secretary Craig Pastor Gregory Coppola Jim Baringhaus Ben Schepis Leo Neville None 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 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 14 people present in the audience. (7:05) City of Livonia, Zoning Board of Appeals Page 1 of 41 January 5, 2016 APPEAL CASE NO. 2015-10-54: An appeal has been made to the Zoning Board of Appeals by CRE REO, LLC, 4600 Wells Fargo Ctr., 90 South 7t" Street, Minneapolis, MN 55402, on behalf of Lessee, Cozy Corner Cafe, 36083 Plymouth, Livonia, MI 48150, seeking to erect two (2) walls signs upon a tenant space in a multiple unit retail center, resulting in excess number of wall signs and wall sign area. Number of Wall Signs: Allowed: One Proposed: Two Excess: One Wall Sign Area: Allowed: 41 sq Proposed: 48 sq Excess: 7 sq ft. ft. (24 sq. ft. each sign) ft. The property is located on the south side of Plymouth (36083), between Levan and Yale, Lot. No. 125-99-0013-001, C-2 Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 18.50H(b),(2), "Sign Regulations in C-1, C-2, C-3 and C-4 Districts." Henzi: Mr. Hanosh, anything to add to this case? Hanosh: Not at this time, Mr. Chair. Henzi: Any questions for the Inspection Department? Hearing none, will the petitioner please come to the podium? Hanson: Good evening, my name is Dennis Hanson. I am with McKinley Incorporated. I am the property manager acting as a managing agent for CRE REO LLC. McKinley is located at 320 North Main Street, Ann Arbor, Suite 200. In regards Cozy Corner Cafe, as property manager we really think having duo signs facing Plymouth Road and also facing west off Levan Road gives excellent access to bring in traffic for a new tenant who is starting to operate a business as a restaurant. Not only would this help him thrive as a business it will also bring more foot traffic to existing tenants and hopefully drive their business as well. So, I will leave this up to Harold Greenberg the owner of Cozy Corner Cafe. Thank you. Greenberg: Harold Greenberg, 38134 Ross, Livonia, 48154. With as I have said in the previous meeting without the sign facing Levan this place will not --it looks like an empty building. You can't tell what is there. If we can bring traffic in here we can bring more business into this mall it's not only going to help the other tenants it is going to help the City. It is going to bring tax money to the City. Henzi: Mr. Greenberg, I had a couple of questions for you. First, when do you plan to open? Greenberg: We opened December 1St Henzi: What are the hours? Greenberg: Eight --six to three daily. Henzi: Okay --okay. And then is the sign going to be a mirror image? The proposed sign is going to be a mirror image of what exists now in the front? Same sign? City of Livonia, Zoning Board of Appeals Page 2 of 41 January 5, 2016 Greenberg: Same sign yes. Henzi: And then--this might be for you or Mr. Hanson. But what existed in the spot before? Hanson: There's been prior restaurant activity. I think the previous owners was a burger place. Greenberg: I can probably answer that. Mikey's Burgers and Fries never opened. Burger Brothers was there previous to that. Five years ago there was a Mexican restaurant. Prior to that there was a Coney Island seven or eight years ago. Henzi: Can you describe the signs they had? Did they have the duo signs or no? Greenberg: No, as far as I know they either had a sign facing Levan or a sign facing Plymouth. There was never a duo sign. Henzi: Okay. Greenberg: The reason why it is here is from what I believe is twelve to fifteen years ago somebody applied for it and was turned down. Henzi: Okay, thank you. Any questions for the Petitioner? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: So you mentioned that the sign facing Plymouth Road now that is the mirror image of what it will be on the other side? You've got what a banner up there now-- Greenberg: Right now there is a banner. Caramagno: --on the side? How's business been for this first month? Greenberg: We did a soft open and as good as can be expected without any advertising. Advertising goes out next week. Caramagno: Okay. Do you have any other restaurants? Greenberg: No. Caramagno: This is your first and only? Greenberg: This is the first one that I've done in a long time. It's been 20 years. Caramagno: First one in the City of Livonia? Greenberg: Yes, prior to this I had a home medical equipment company in Livonia for 21 years. Band H Medical. Caramagno: Okay. Thank you. Henzi: Any other questions? Baringhaus: Mr. Chairman. Mr. Greenberg, on the sign is it fully illuminated or partially illuminated? City of Livonia, Zoning Board of Appeals Page 3 of 41 January 5, 2016 Greenberg: It is fully illuminated. Baringhaus: Okay. Thank you. Henzi: Any other questions? Hearing none, is there anyone in the audience who wants to speak for or against the project? If so, come on up to the podium. I don't see anyone coming forward. Are there letters? Caramagno: There's one. A letter of approval from Patricia Gorecki, 36147 Plymouth Road (letter read). Henzi: Mr. Greenberg or Mr. Hanson, anything you want to say in closing? Greenberg: I hope you give me--do the right thing. Henzi: Okay, thank you. I'll close the public portion of the case and begin the Board's comments with Mr. Baringhaus. Baringhaus: Thank you. Given the location of the business on the corner of the retail property and then--I think requires some need for additional need visibility for that business. With that I think I really see the need for the signage facing Plymouth and Levan Roads so I'm in support of it. Henzi: Mr. Coppola. Coppola: This strip mall has been somewhat distressed over the last several years and I think visibility is one of the issues that it does have. While this will help I think correct the issue for one of the tenants it is still a problem for the other tenants. I didn't see the request to be overly aggressive while there are two signs there that are only seven square feet over the proposed limits, I'm in support of this. Henzi: Mr. Caramagno. Caramagno: I'm going to be in support as well. I think the banner actually illustrates the use the sign is going to give you coming from the west and east. I can see that would be helpful and the other sign is going to be helpful. I agree with Greg about the overall square footage. I think it is a good use of your allowable square foot. You're over some but not very excessively. I think it's a--it's going to do you well. Henzi: Mr. Pastor. Pastor: Yes, I'll be in support. Henzi: Mr. Schepis. Schepis: I agree, I'll also be in support. There's a pretty clear need here I think for this sign and it is not excessive. So I'll support it. Henzi: Mr. Neville. Neville: I agree with the comments plus the other tenants in the plaza seem to be in favor of it. So I will be in support of the petition. Henzi: I too will support it. I think there is a demonstrated hardship. The fact that it is close to Plymouth Road if you are traveling eastbound you can't see the sign just like the City of Livonia, Zoning Board of Appeals Page 4 of 41 January 5, 2016 petitioner says until it might be too late given the curb cuts. So having said that the floor is open for a motion. Baringhaus: Mr. Chairman. Henzi: Mr. Baringhaus. Upon Motion by Baringhaus and supported by Pastor, it was: RESOLVED: APPEAL CASENO.2015-10-54: An appeal has been made to the Zoning Board of Appeals by CRE REO, LLC, 4600 Wells Fargo Ctr., 90 South 7t" Street, Minneapolis, MN 55402, on behalf of Lessee, Cozy Corner Cafe, 36083 Plymouth, Livonia, MI 48150, seeking to erect two (2) walls signs upon a tenant space in a multiple unit retail center, resulting in excess number of wall signs and wall sign area. Number of Wall Signs Allowed: One Proposed: Two Excess: One Wall Sign Area: Allowed: 41 sq Proposed: 48 sq Excess: 7 sq ft. ft. (24 sq. ft. each sign) ft. The property is located on the south side of Plymouth (36083), between Levan and Yale, Lot. No. 125-99-0013-001, C-2 Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 18.50H(b),(2), "Sign Regulations in C-1, C-2, C-3 and C-4 Districts," be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because of the physical location of the business location relative to the road and the need for additional signage. 2. Denial of the variance would have severe consequences for the Petitioner due to a lack of visibility and identification of their business at that intersection. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because the neighboring business owner supports the variance. 4. The Board received one letter of approval and no objection letters from neighboring property owners. 5. The property is classified as "general commercial" in the Master Plan and the proposed variance is not inconsistent with that classification. City of Livonia, Zoning Board of Appeals Page 5 of 41 January 5, 2016 FURTHER, This variance is granted with the following conditions: 1. That the signs be erected as presented. 2. That the hours of illumination conform to all City of Livonia ordinances and the signs not be illuminated more than one hour after the business closes. 3. That all requirements of City Council Resolutions be incorporated into these conditions including no exposed neon lights. ROLL CALL VOTE: AYES: Baringhaus, Pastor, Schepis, Coppola, Neville, Caramagno, Henzi NAYS: None ABSENT: None Henzi: The variance is granted with those three conditions. Greenberg: Thank you. Could I ask one other thing? Henzi: Yep. Greenberg: I have that banner for one more week. It will probably take me three more weeks to get a sign. Henzi: Craig, what's the rule on -- Greenberg: Is there something I can do with that? Henzi: --temporary? Hanosh: How many times have you applied for it? Greenberg: I did my two times. Hanosh: You can actually have up to four weeks -- Greenberg: Four weeks is up at the end of this week. Hanosh: Was that last year in 2015? Greenberg: Oh, this is a new year? Thank you. Thank you very much. Henzi: Good luck. City of Livonia, Zoning Board of Appeals Page 6 of 41 January 5, 2016 APPEAL CASE NO. 2016-01-02: An appeal has been made to the Zoning Board of Appeals by Nicole Cassar, 16558 Nola, Livonia, MI 48152, on behalf of Lessee Charles and Alicia Krantz, 8936 Pere, Livonia, MI 48150, seeking to maintain a dog run, which is located in the corner street side yard, which is not allowed. Dog runs must be located in the rear yard, ten (10) feet from all property lines. Dog runs must not exceed 200 sq. ft. The existing dog run is 256 sq. ft., an excess of 56 sq. ft. The fence material used to make this fence should be a chain-link style fence rather than the wood lattice used in its construction. The property is located on the east side of Pere (8936), between Grandon and Northfield, Lot. No. 123-04-0175-000, R-1 Zoning District. Rejected by the Inspection Department under City of Livonia Fence Ordinance, Section 15.44.30F, "Definitions; Dog Run," Section 15.44.090E, "Residential District Regulations," and Section 15.44.120A, "Maintenance and Repair; Stability." Henzi: Mr. Hanosh, anything to add to this case? Hanosh: Not at this time, Mr. Chair. Henzi: Any questions for the Inspection Department? Good evening. Krantz: Hi, my name is Alicia Krantz. I live at 8936 Pere Avenue. My husband can't be here today he is the one that we are here for. He is in the hospital he had to have surgery today. The reason why we are asking for the fence is because my husband has a lot of health issues. He is a diabetic, he is in kidney failure, he's legally blind. The reason we put the fence up --it's just a temporary fence. We are hoping to purchase the house from Nicole. We have a year lease with her and upon purchasing the house we plan to --that's the first thing we would do is fence in the yard. But temporary use for us just renting we just put the 16 by 16 fence up for the convenience of my husband when he lets the dogs out. It's just easier so they don't escape. If they did get out he would not be able to go chase them --you know --to catch them. So that's --we're asking if we can keep the fence temporarily until we figure out if we are going to purchase the house. Henzi: When did you move in? Krantz: July 17th, so we did a year's lease with her. Henzi: When did you put the fence up? Krantz: Maybe a month after us moving in so I would say maybe August 17th --middle of August. Henzi: When were you notified that you needed to request a variance? Krantz: We did not know we got a letter. The gentleman had come out from the City and let us know that a neighbor had complained about the fence. In fact I spoke with the neighbor. She had come over to talk to me last week and asked me about the hearing and stuff. She asked what the reasons for the fence were and I explained to her my husband --the reason we had put it up was for my husband's health issues and that type City of Livonia, Zoning Board of Appeals Page 7 of 41 January 5, 2016 of thing. And she said she understood and that they weren't going to come today and contest it because she said now that she knew our situation she understood so --you know. The guy from the City had come out and let us know. He was very nice, very helpful and told us what we needed to do and that if we wanted to be able to keep it that we needed to come in front of the Board --the Zoning Board. Henzi: Okay. Any questions for the Petitioner? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: So you plan on buying this house? Krantz: We hope to, yeah. I mean her plans is to --she wanted to rent it out for a year or two to see where things were going with her in her life and if she does we would love to be able to purchase the house. We are very happy here. We love the house, we love the neighborhood. We love the schools --you know the school district for our kids. Pastor: So what happens if we only give you six months for this because six to eight months from now is when your lease is up? Krantz: Right. She is probably talking --from just talking to Nicole she said it is probably going to be a couple of years. So we're --you know --when she does --if we do purchase it obviously six months that's not going to really help us because if we do decide to stay another year --I don't know. I know we are asking you to bend the rules for us I understand that. Pastor: Actually we are more breaking the rules but -- Krantz: Yeah. Pastor: I mean -- Krantz: It's just one less worry that I have to worry about. Pastor: How long are you asking for this fence because you're saying six months --a couple years? Krantz: She is saying --I'm thinking two years is what she is looking so finishing out our year lease plus another year. So I'm looking probably what a year and a half? That's what I am thinking. Pastor: Okay. Krantz: And then we would purchase it and that like I said that would be the first thing we would do upon purchasing the house. Pastor: Is the person you're renting the house from is she older? Krantz: Actually she is younger than us. We met her --she's my daughter's dance teacher and that is how we met her. Pastor: Okay. So I'm trying to get around this. If she has this house where does she live? City of Livonia, Zoning Board of Appeals Page 8 of 41 January 5, 2016 Krantz: She lives with her boyfriend. He has --he also has a house in Livonia so she -- they moved in together and she rented us her house. She had originally purchased the house from her grandmother. Her grandmother was the original owner and then she purchased it. Pastor: Okay, thank you. Krantz: Mm-hmm. Henzi: Any other questions? Neville: Mr. Chairman. Henzi: Mr. Neville. Neville: In reference to the dogs that you have. Do you have two dogs? Krantz: Yes, two small dogs. Neville: Small dogs? Krantz: Yeah, one is six pounds and one is fourteen pounds. Neville: If I recall correctly I thought there was a suggestion of large dogs? Krantz: No they're lap dogs. Neville: Okay. And if you're anticipating to be there for closer to two years, why not just put a fence with the requirements of the zoning ordinance? Krantz: Well we thought about that but we thought what if she changes her mind and decides she doesn't want to sell the house. I mean we've already sunk in $400.00 putting up the fence plus paying the $150.00 here. And if she does decide not to sell then we put all that money in to fence a yard that we are not going to be staying in. And I've talked to her to ask her if that would be something that she would be interested in and she doesn't want to spend the money because if she does sell the house. Neville: Did you get a price and a quote? Krantz: I did not no. I have not done that. I mean like I said I'm the only one working in our household so to go and spend that kind of money on something that might just be temporary is a hard thing for me to do --for us to do. Neville: Thank you. Baringhaus: Mr. Chairman. Henzi: Mr. Baringhaus. Baringhaus: Mrs. Krantz, what was your neighbor's initial complaint regarding the dog run? Krantz: They just thought it was not up to code. It wasn't where it was supposed to be it should be at the back of the house. And like I said she had to come over and we had talked about it and she said she completely understood why we had done it and she wished she had known that beforehand. City of Livonia, Zoning Board of Appeals Page 9 of 41 January 5, 2016 Baringhaus: Okay. Thank you. Krantz: Thank you. Schepis: Mr. Chairman. Henzi: Mr. Schepis. Schepis: Is it not possible for you to move the fence to the back yard? I know it is in the side but I think maybe you had a trampoline or something in the back? Krantz: Yeah we do. The reason why we put it at the side was because of the door. So that way he could just open the door and let them out in that area because we would have preferred to put it at the back of the house but there is no door or entrance. So he would still have to get them outside without--you know--to put them back there. Schepis: Thank you. Henzi: Mrs. Krantz, I had a couple more. To Mr. Schepis' point, why don't you just reconfigure the fence to bring it in closer and then route the dogs to the back? Krantz: Well we had asked about doing that. Like doing like a run along the side of the house and connect back there and they said that still wasn't--that wouldn't be up to code. Because we thought about doing that to where all we had to do was open the door and they could go between--you know--like a run along the side to get to the back. Henzi: If you are approved for this would you reduce it to 200 square feet? Krantz: Yeah, I mean we can make it--if you want it smaller, we will make it smaller. I just want something that is convenient for my husband. Henzi: You're going to--when the letters are read you're going to hear complaints. There is more than one neighbor who complains about this. Krantz: Oh, okay. Henzi: So that's why I'm asking how flexible you are. Krantz: Well the reason why I knew it was here because she had come over and said they were the initial--I mean they could have talked to the neighbors--you know--I really don't know anybody in the neighborhood because it's a very quiet neighborhood everybody kind of keeps to themselves. Henzi: What does the landlord say about paying for this? Krantz: About us paying for the fence? Henzi: No, will the landlord do it? Krantz: No, I asked her about putting the fence up and she doesn't want to. I mean she's got a pretty good size yard, she's on a corner lot. So it would be a lot of yard to fence in. Henzi: Who put the fence up? City of Livonia, Zoning Board of Appeals Page 10 of 41 January 5, 2016 Krantz: We had a guy that does our lawn, he did it for us. He is a good friend of the family. He did it for us, I just had to pay for the material. Henzi: And why did you select this instead of anything else? Krantz: This is what he had suggested to us. I mean I had just asked him, I said I need something that's going to keep --you know because they are little dogs. I mean I don't need anything fancy I just --I mean --you know nothing heavy duty because they are just little dogs. They are not going --he had suggested this. It would be something small to contain them in the little area and he put a gate on there and everything. So there is a door to open it to get in, it's not just one big square box. There is a gate --you know --to get through there. Henzi: But you never got a quote so you have no idea what it would cost to put chain link -- Krantz: I mean --you know-- Henzi: --that just goes -- Krantz: Yeah, I have not. Henzi: Hang on. Just goes six feet and then routes into the back? Krantz: No, I did not. Because they had said when we had come to the Board they said we would have to take it from the side and connect it all the way down the one side to the back to connect to the neighbor's fence. Because they just have the fencing on the one side. Henzi: Would you be willing to do that? Krantz: Financially I don't think I would be able to. Henzi: Okay. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Could you reconfigure this to do that? Krantz: Reconfigure what to put the fence at the back yard? Pastor: Well you can run it alongside the house? Krantz: Yeah, we asked if we could do that. We would be more than happy if we could run the dog run along the side the house and connect it to the back --to the back of the house. Pastor: So you would be willing to do that? Krantz: Yeah, we would be willing along as it's something where we could still open the door and he can still let the dogs out and then be able to connect back there. Pastor: Okay. Henzi: Any other questions? City of Livonia, Zoning Board of Appeals Page 11 of 41 January 5, 2016 Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: You said you've been in this house since July? Krantz: Yes. Caramagno: Where were you before this? And did you have the dogs? Krantz: Yeah, we lived in Westland and the --our yard was fenced in. The only thing we had to put was a --because the owner of the house took the gate that went across to get into the garage so we just put a wood --the same type of material we just put from the garage to the deck and that had a gate on it as well for them to stay in. But the rest of the yard was fenced in. Caramagno: How long were you in Westland? Krantz: We were there for about three and a half years. Caramagno: Okay. How many hours a day do these dogs stay outside? Krantz: Oh, we just let them out, they do their thing, and they come back in. We --they are little dogs so I don't keep them outside very long especially in the winter. Yeah, they just go out for maybe five --ten minutes tops. But in the winter time maybe not even five minutes. Caramagno: Okay, thank you. Henzi: Anything else? Schepis: Mr. Chairman. Henzi: Mr. Schepis. Schepis: Do you plan on getting any additional dogs? Krantz: No. Schepis: Okay. Krantz: Two was enough. Henzi: Anything else? Hearing none, is there anyone in the audience who wants to speak for or against the project? If so, come on up. No one is coming forward. Can you read the letters? Caramagno: We have an approval from Donald Hanna, 8852 Pere (letter read), and letters of objections from Thomas Goscinski, 38861 Northfield (letter read), Dan Kinczkowski, 38924 Dover (letter read) and George Endreszl, 38775 Grandon (letter read). Henzi: Mrs. Krantz, anything you want to say in closing? Krantz: When they say about the dogs barking I know there's a couple of dogs on the corner that I hear barking constantly. I know it is not our dogs because like I said literally they are out there five --ten minutes --ten minutes maybe in the warmer weather but five City of Livonia, Zoning Board of Appeals Page 12 of 41 January 5, 2016 minutes top. When they bark they are in the house because I know I don't want to hear a barking dog. And I agree we do have a lot of people walking through and when they start barking we bring them in when people walk by. Henzi: Thank you. Krantz: Thank you. Henzi: I'll close the public portion of the case and begin the Board's comments with Mr. Coppola. Coppola: Well I definitely understand the hardship that you have and this creates a little bit of convenience with the two small dogs. I wouldn't be in support of a variance as it is presented. However I would be amenable to a reconfiguration where you just had a small run to the backyard. Put it behind the backyard. That it be reduced to the 200 square feet. And then I don't even know if this is possible then to have it limited to a two year period of time so that at that point you are either going to buy the house or you are not going to buy the house. Krantz: Right. Coppola: It goes when you go type of thing. Krantz: Right. Coppola: So in summary again, not as presented with the amendments of a run to the rear yard with the majority in the rear yard, two years and reduced size, I could support that. Henzi: Mr. Caramagno. Caramagno: I just don't care for it the way it looks right now. And the trouble I've got it just doesn't look nice. It doesn't look nice in that neighborhood. The neighborhood is holding up very well, it doesn't look good. I'm troubled by the fact that you've got four to five hundred dollars spent on this thing already and it's likely not going to fly. That's a shame. Maybe for a couple hundred dollars more you could have built it right in the first place. So as it sits now I am not in support and I'd like to see a better plan. Henzi: Mr. Pastor. Pastor: I agree with Sam. I am not in support of the way it sits right now. I saw it --when I first saw it I was actually surprised to see something sticking out in the yard that way. I would do a tabling motion and have you come back with a new configuration because I don't think this is going to fly with this Board at all. That's where I'm at. Henzi: Mr. Schepis. Schepis: I agree, I would have a hard time supporting it as it stands now. Although I do agree with what Mr. Coppola said, I think his description sort of sums up certainly what I would be looking for. That's all. Henzi: Mr. Neville. City of Livonia, Zoning Board of Appeals Page 13 of 41 January 5, 2016 Neville: I believe that you have a need or you have established a need of why you would want to have a dog run. And I also don't think your small dogs are obnoxious or a nuisance. However, I share my fellow Board Members' thoughts and I guess one thing I would agree with Mr. Pastor is maybe we table it. And my thought would be with respect to not only running along the side into the back 200 square feet, but also the material I think a chain link versus a wood lattice because my thought is something of that nature will just deteriorate and might end up being more maintenance then what a chain link or something of a more durable substance. Henzi: Mr. Baringhaus. Baringhaus: I agree with Mr. Coppola and Mr. Neville and Mr. Pastor. Basically, I think it would be to your benefit to come back with some type of alternative plan on this reconfiguring it so it does run maybe around the corner of the house itself. I would like to see some proposal with the chain link fence which would bring it closer to the actually ordinance itself. At this point I would support a tabling motion. I'm not in support of the current variance as it is presented tonight. Henzi: Yeah, I tend to agree. I do think you have a need but I don't like what is presented. But you do seem flexible in reconfiguring which I appreciate. You are either a homeowner or a renter and everyone in your neighborhood is a homeowner there forever. And here comes somebody who wants to put something up and maybe they are going to move out in six months or maybe they are going to move out in two months and they don't like it. Krantz: Okay. Henzi: And so there's got to be a middle ground where you're going to put up something that if you move in six months or whenever the lease is up it doesn't look terrible or we are going to say we find something that is okay for you because of your husband's medical condition but then it's got to come down in July, 2017. So what I would suggest to you based on what the Board Members said, you're going to be asked to come back. You're going to get a time limit so that you're -- Krantz: Okay. Henzi: --forced to come back. Krantz: Okay. Henzi: The way the motion is going to state or read is if you don't come back it comes down -- Krantz: Okay. Henzi: --within a certain time period. I would suggest you go and get a quote for chain link maybe you will be surprised or maybe you are going to come in and say I just can't do it. Krantz: Okay. City of Livonia, Zoning Board of Appeals Page 14 of 41 January 5, 2016 Henzi: And the other thing is you're going to come up with a proposal to redo it kind of like along with what you heard. Do it closer to the house, make it less illegal and obnoxious as your one neighbor says. Krantz: Okay. Henzi: Okay. Krantz: So my question is so you're saying you're up for putting the chain link along the side to go into the backyard and do a 20 by 20 if we come up with a proposal? Henzi: I think that's what a lot of Members said. Krantz: Okay. Henzi: But you don't have to do any of that. You can come up with your own proposal but what I recommend is that you just listen to what everyone said tonight and then come back with your proposal. Krantz: Okay. Henzi: So we will make a motion and they will have a couple more comments for you. Krantz: Okay. Pastor: Mr. Chair. Henzi: Mr. Pastor. Upon Motion by Pastor and supported by Schepis, it was RESOLVED: APPEAL CASENO.2016-01-02: An appeal has been made to the Zoning Board of Appeals by Nicole Cassar, 16558 Nola, Livonia, MI 48152, on behalf of Lessee Charles and Alicia Krantz, 8936 Pere, Livonia, MI 48150, seeking to maintain a dog run, which is located in the corner street side yard, which is not allowed. Dog runs must be located in the rear yard, ten (10) feet from all property lines. Dog runs must not exceed 200 sq. ft. The existing dog run is 256 sq. ft., an excess of 56 sq. ft. The fence material used to make this fence should be a chain-link style fence rather than the wood lattice used in its construction. The property is located on the east side of Pere (8936), between Grandon and Northfield, Lot. No. 123-04-0175-000, R-1 Zoning District. Rejected by the Inspection Department under City of Livonia Fence Ordinance, Section 15.44.30F, "Definitions; Dog Run," Section 15.44.090E, "Residential District Regulations," and Section 15.44.120A, "Maintenance and Repair; Stability," be tabled to allow the petitioner an opportunity to consider the Board's comments and return by February 16, 2016 with a revised plan or the variance will be denied and the petitioner will have to remove the existing dog run. City of Livonia, Zoning Board of Appeals Page 15 of 41 January 5, 2016 ROLL CALL VOTE: AYES: Pastor, Schepis, Coppola, Baringhaus, Neville, Caramagno, Henzi NAYS: None ABSENT: None Henzi: So Mrs. Krantz, you have to come back by the February 16th meeting. Krantz: Okay. Henzi: There is a meeting before that on February 2nd but you would have to have your packet in by this Friday. Krantz: By this Friday? Henzi: Yeah, but you were given to the 16th, that would be the last chance. And if you want February 16th you've got to bring your packet in by January 22nd Krantz: So you're saying we fill out another --more paperwork --I don't understand? Henzi: You're going to turn your packet back in with additional information I'm hoping. You do not have to pay an additional fee because it has been tabled. Krantz: Okay. Henzi: And then you ask for that date. You just ask Marilyn that you want to get on the 16th if that is the date that you chose. Krantz: Okay. Henzi: You said I want to add this to my application. Krantz: And you're talking about our plan? Henzi: Correct. Krantz: To add to it? Okay. Henzi: January 22nd Krantz: By Friday? Henzi: If you want the 16th, Friday if you want February 2nd Krantz: Okay. Henzi: Thanks. Krantz: Thank you very much. City of Livonia, Zoning Board of Appeals Page 16 of 41 January 5, 2016 APPEAL CASE NO. 2016-01-03: An appeal has been made to the Zoning Board of Appeals by Patricia Ulman, 18548 Milburn, Livonia, MI 48152, seeking to erect a covered front porch, resulting in deficient front yard setback. Front Yard Setback: Required: 25.0 ft. Proposed: 20.5 ft. Deficient: 4.5 ft. The property is located on the east side of Milburn (18548), between Pickford and Clarita, Lot. No. 042-01-0232-002, R-1 Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 4.05 "Schedule of Minimum Front and Rear Yard Requirements in R-1 through R-5 Districts." Henzi: Mr. Hanosh, anything to add to this case? Hanosh: Not at this time, Mr. Chair. Henzi: Any questions for the Inspection Department? Coppola: Mr. Chair. Henzi: Mr. Coppola. Coppola: I just want to make sure I understand. There was an existing uncovered porch now, does that not already create an insufficient setback? Fisher: No. Coppola: Only when they are covered --when it becomes covered? Fisher: Right. Hanosh: Right. Coppola: Thank you. Henzi: Any other questions? Hearing none, good evening. Caramagno: Mr. Chair. Henzi: Oh, I'm sorry. Mr. Caramagno. Caramagno: So does this porch stick out --won't stick out any further then what is currently there? Ulman: Are you asking me? Caramagno: I don't know, I'll listen you can tell us. Ulman: Okay. Henzi: Go ahead and tell us your name and address. Ulman: Okay, I'm Patricia Ulman. My address is 18548 Milburn. We had a beautiful maple tree in front of our house --I'm sorry I'm a little nervous. City of Livonia, Zoning Board of Appeals Page 17 of 41 January 5, 2016 Henzi: No need to be nervous. Ulman: The-- Henzi: Just tell us the story why you want the covered porch. Ulman: So the tree became diseased and had to be taken down. And this happened in the summer of 2014. And then the tree was replaced by the City because it was on the easement --the tree. The City replaced it with a very small tree. Our house faces west and when we had the tree it shaded the whole front of our house. It was absolutely wonderful. So last summer was our first summer without the tree there since we've lived there for what 22 years? Unidentified Speaker: Mm-hmm. Ulman: I'm sorry I'm get emotional when I get nervous. I don't mean to. So any ways last summer it was --the whole front of our house from about eleven o'clock in the morning until the sun went down below the tree line was extremely hot. We couldn't really use our front door, it --I mean even the door to touch it was extremely hot. And the cost for running the air conditioner in the summer went up. We had an increase in the cost. So what we decided to do was put a porch in front of our house and then cover. So the porch has already been built and those plans have already been submitted. It's been built and inspected and everything. And now we have Wayne Craft in Livonia is going to if it is approved put an awning over the porch so it will shade the whole front of our porch so that we can use our front yard--our--the front area. Without the awning we can't use the front porch it's just --the head is unbearable. Henzi: When do you plan to do this? Ulman: As soon as it is approved. Henzi: They can do it-- Ulman: Yeah. Henzi: --in the winter? Ulman: Yeah, we already paid our deposit so as soon as the plan is approved --and when we brought the plan the original plan in for the porch, we did explain to the gentleman I think his name was Randy that our intent was to cover the porch. And he said that we would have to apply for a variance because it will come out a little bit past the porch because it has to because the water when it is dripping doesn't drip onto the porch it drips --you know --past the porch. But he didn't think there would be a problem with it so I'm hoping that there is not. Henzi: Okay, any questions for the petitioner? Baringhaus: Mr. Chairman. Henzi: Mr. Baringhaus. Baringhaus: Miss Ulman is the awning itself retractable or is it permanent? Ulman: No it's a permanent aluminum awning. City of Livonia, Zoning Board of Appeals Page 18 of 41 January 5, 2016 Baringhaus: Okay. Ulman: It actually it--when you look at it it's going to look like an extension of the house. The way that they do them now it's not like those--you know some of the houses in our neighborhood have old aluminum awnings with the scaffold--it doesn't look like that at all. It looks--it will have white posts that will match the posts on our new porch that we put in. I do have a picture of the porch if anybody--oh you do okay. Baringhaus: Thank you though. Ulman: So it is going to be beautiful and since we had it made--the porch was finished I think it was like the end of August and we've only had compliments from neighbors and anybody walking by saying how beautiful it is. That's it is a great addition and it makes the house just look much--you know--beautiful. Baringhaus: What color is the awning and does the awning coordinate with the current structure? Ulman: The awning--the color will be like a taupe and it will match our aluminum siding. Baringhaus: Okay. Ulman: And then the posts will be white that will match the current posts on our porch that we had installed. Baringhaus: So the awning and the enclosure will fit on top of the posts? I'm not sure how that whole-- Ulman: No, what they will do--so if you have a picture there you can see the posts. He said it will be three or four posts and the posts will actually go on the porch behind the posts that's in the railing on-- Baringhaus: The other one will go behind it? Ulman: Yes, the post will be on the porch. The porch was built specifically to support the weight of the awning. We had an architect, Tiseo Architecture Firm here in Livonia who designed the porch for us. Baringhaus: Was the porch added recently or was-- Ulman: It was done in August. Baringhaus: Okay. Ulman: The existing cement porch is underneath that, we built over it. Baringhaus: Oh, okay. Ulman: So we didn't have to tear the original porch down, it's underneath. Baringhaus: Thank you very much. Ulman: You're welcome. Pastor: Mr. Chair. Henzi: Mr. Pastor. City of Livonia, Zoning Board of Appeals Page 19 of 41 January 5, 2016 Pastor: You don't plan on enclosing this at any time do you? Ulman: No --no. Pastor: Okay, thank you. Henzi: Any other questions? Neville: Mr. Chair. Henzi: Mr. Neville. Neville: Is it your intent to leave that white railing up and add the support to overhang behind it? Ulman: Yes, the posts for the awning will be behind the posts on the porch. They will not be in the front on the ground. Neville: All right, but the railing will remain as it shown in your photograph? Ulman: Yes, absolutely. Neville: Thank you. Ulman: It's going to be really pretty. 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. Nobody is coming forward are there letters? Caramagno: Letters of approval from Lauren Brinkman-Landaw, 18620 Sunset Street (letter read), Dorothy Iverson 18539 Flamingo (letter read) and Danielle Becigneaul, 18537 Milburn (letter read). Ulman: Yeah, we've got a lot of compliments from people in the neighborhood. Henzi: Anything else you want to say in closing? Ulman: No, thank you. Henzi: I'll close the public portion of the case and begin the Board's comments with Mr. Caramagno. Caramagno: I think you've made a nice case here. The need --you've explained to us why you need it. The porch --your house looks beautiful, your porch is very nice. Ulman: Thank you. Caramagno: Hopefully this will give you shade and I'm sure it will that you need on the front porch. Ulman: Thank you. Henzi: Mr. Pastor. Pastor: Yes, we have approved several cases very similar to this in the past so I see no reason why this should not go through as well. City of Livonia, Zoning Board of Appeals Page 20 of 41 January 5, 2016 Henzi: Mr. Schepis. Schepis: I would support this. Henzi: Mr. Neville. Neville: I'll support the petition. Henzi: Mr. Baringhaus. Baringhaus: I think your plan was very well thought out and executed, I'll support it. Ulman: Thank you. Henzi: Mr. Coppola. Coppola: I'm in support. Henzi: I too will support it. Ulman: Thank you. Henzi: The floor is open for a motion. Schepis: Mr. Chairman. Henzi: Mr. Schepis. Upon Motion by Schepis and supported by Pastor, it was: RESOLVED: APPEAL CASENO.2016-01-03: An appeal has been made to the Zoning Board of Appeals by Patricia Ulman, 18548 Milburn, Livonia, MI 48152, seeking to erect a covered front porch, resulting in deficient front yard setback. Front Yard Setback: Required: 25.0 ft. Proposed: 20.5 ft. Deficient: 4.5 ft. The property is located on the east side of Milburn (18548), between Pickford and Clarita, Lot. No. 042-01-0232-002, R-1 Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 4.05 "Schedule of Minimum Front and Rear Yard Requirements in R-1 through R-5 Districts," be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because a shade tree in front of the house was removed making the porch unusable due to the heat from the sun. City of Livonia, Zoning Board of Appeals Page 21 of 41 January 5, 2016 2. Denial of the variance would have severe consequences for the Petitioner because the porch on her home is unusable due to the heat from the sun as a result of a shade tree being removed. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because the neighboring property owners are in support. 4. The Board received three 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 awning be installed as presented. 2. That construction commence within sixty (60) days and completed within six (6) months. 3. That the porch may never be enclosed. ROLL CALL VOTE: AYES: Schepis, Pastor, Coppola, Baringhaus, Neville, Caramagno, Henzi NAYS: None ABSENT: None Henzi: So the variance is granted with four conditions. You've got to build it as presented both in terms of materials and the place that you presented it. You've got to start it within sixty days and complete it within six months. And then you can't enclose it. Ulman: Okay. Henzi: Good luck. Ulman: Thank you very much. Henzi: Thank you. City of Livonia, Zoning Board of Appeals Page 22 of 41 January 5, 2016 APPEAL CASE NO. 2016-01-04: An appeal has been made to the Zoning Board of Appeals by Alma Real Estate Investments, LLC, 2951 Long Ridge Court, West Bloomfield, MI 48323, seeking to erect a wall sign and ground sign upon property zoned Office Services, which allows for a ground or wall sign and cannot exceed sixteen (16) sq. ft. Proposed is a wall sign of 42 sq. ft. and a ground sign of 28 sq. ft. Excess in area is the wall sign at 26 sq. ft. and ground sign area of 12 sq. ft. The property is located on the south side of Six Mile (29721), between Middlebelt and Oporto, Lot. No. 053-01-0006-002, OS Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 18.50F(a) "Sign Regulations for Office Services Districts." Henzi: Mr. Hanosh, anything to add to this case? Hanosh: Not at this time, Mr. Chair. Henzi: Any questions for the Inspection Department? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: So this variance is --we are dealing with two different variances, we are dealing with two signs and overages on both signs? Is that how-- Hanosh: For that district offices services yes. Pastor: Okay, thank you. Henzi: Any other questions? Neville: Mr. Chair. Henzi: Mr. Neville. Neville: Mr. Hanosh, does the Building Department take into consideration the size of the proposed sign in relationship to those down the street or in the neighborhood? Hanosh: We look at it from just the zoning aspect, we don't compare to anything else. We are not sure how other buildings may be zoned. Neville. Mm-hmm. Hanosh: So we have to take it as an individual basis. Neville: All right, thank you. Henzi: Anything else? Good evening. Salah: Good evening. Henzi: Could you tell us your name and address please? City of Livonia, Zoning Board of Appeals Page 23 of 41 January 5, 2016 Salah: Sam Salah, 29721 Six Mile Road. That's the property. I live in West Bloomfield. Happy New Year to everyone. Henzi: Thank you. Salah: What we are trying to do here is we are trying to open a Montessori and daycare center--premier daycare center and Montessori. We have put a lot of improvements in the building and this location to make it really beautiful. The sign that is--you know we are assigned to do is really too small. And to make it really visible to the families and the parents who are bring their kids to drop them off at the school is small. We have--we would like to get a sign that is more readily visible for the people who are in the area or driving by in addition to the parents. We would like to make it visible so they can know that there is a new place here. There is--our intention is do something good for the community. There is--it is to help the community and the parents there for a good quality Montessori and daycare center. I have looked and discussed it with neighbors in the area just next door on both sides on the same street. Nobody had any objection, everybody said this will be even better. This is our intention to really make it successful. To make it work we hate for this to open and then close just because of a simple thing that--a sign. I hope I provided you please with some pictures of neighboring or close by businesses that have signs that are much bigger than the one that we are allowed to, if not I could-- Henzi: You can pass them around. Salah: In addition, I have also obtained signatures from neighboring businesses who have no objections to that sign. If I can say also, as you can see here, the sign --the front yard of the building is really large and the sign will not obstruct anything to either side of the building. It doesn't take much of the front yard and the sign on the --the channel sign on top of the front door makes it more visible, makes it really more noticeable by the driving people around. Henzi: Mr. Salah-- Salah: Yes? Henzi: --when did you sign a lease for the space? Salah: Actually we bought the building--I bought the building. Henzi: Okay. When did you do that? Salah: In the summer, in July of last year. Henzi: Okay. And was the building a daycare--was the building used as a daycare before you took possession to your knowledge? Salah: It was before a KinderCare Center and I think they closed a few years ago, two or three years ago. Henzi: Okay. Any questions for the petitioner? Baringhaus: Mr. Chairman. Henzi: Mr. Baringhaus. City of Livonia, Zoning Board of Appeals Page 24 of 41 January 5, 2016 Baringhaus: I'm looking at this one photograph here-- Salah: Yes. Baringhaus: --how are you going to display that sign relative to the roof line that sort of slopes? Salah: It will come vertical so it will not lay down on the roof, it will just come little vertical stand above it. Baringhaus: So it will stand above where-- Salah: Yes, sir. Baringhaus: And then on your other sign. You expressed a need for changeable letters? Salah: Yes. Baringhaus: Why would you need that? Salah: There are some activities for maybe the parents to know or something like open enrollment for example to make signs that are important about the school. Baringhaus: Is Premier Daycare just an independent business or is it part of a franchise? Salah: It's an independent business, yes sir. Baringhaus: Okay, thank you. Salah: Sure. Henzi: Any other questions? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Explain tome why you need two signs so close to together? Because your front sign is probably within fifteen feet of the building. Salah: Yes. Pastor: And then you have a large sign on the building. I am having a hard time seeing why you need both signs. Salah: To be honest with you I mean one down in the ground is--you know --the tradition but at that same time on the building itself it gives it I think more visibility and it's--I see it on other businesses in the area. Other Montessori's or daycare they have similar things and this was what was recommended to by the person who designed this sign. Pastor: What other Montessori's have that big of sign? Any in Livonia? Salah: KinderCare on Maple and-- Pastor: In Livonia? Salah:--Middlebelt. In Livonia I'm not sure, I can check around but I don't. But I've seen it around even in Livonia I think. I can't give you an address or specific location now. City of Livonia, Zoning Board of Appeals Page 25 of 41 January 5, 2016 Pastor: Because in your own picture -- Salah: Yes. Pastor: --of your ground sign, the sign in that picture is the old KinderCare sign. Salah: Yes, I mean again -- Pastor: And your sign is I want to say three or four times larger than what they had. Salah: That is maybe not what exactly what the --it may be more magnified than the --just to make it more --in the picture it's not the right size. I mean it just a picture. The measurement not accurate I think. Pastor: So explain to me again, because you haven't really given me a good reason why you need both signs within fifteen feet of each other? Salah: I believe it is for again, visibility, for people to know this is the building when the parents come here they know that this is the daycare. It gives it more --it looks better actually. Pastor: Let me ask you this. Salah: Yes? Pastor: If we only gave you one sign which sign would you pick? Salah: I'll take the ground sign, the one on the ground. Pastor: Thank you. Salah: You're welcome. Henzi: Any other questions? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: So this is a private daycare and not a chain? Salah: It's not a franchise no. Caramagno: Have you had one of these in the past or is this the first time for you? Salah: First time. Caramagno: First time? Salah: Yes. Caramagno: Tell me what you'd like to talk about on the changeable letters? Different events I think I heard you say, but what would you talk about on the changeable letters? Salah: For example enrollment, summer school, summer programs that comes --you know --registration that is coming soon. A specific program for the kids, meetings for the family's maybe. I mean there are different things that can be helpful to have these changing letters. City of Livonia, Zoning Board of Appeals Page 26 of 41 January 5, 2016 Caramagno: How many children do you expect to maintain in this building? Salah: Between fifty and sixty. Caramagno: All right. I see in the some of the signs and looking at the properties that are in close proximity to what you --where you are at there. Salah: Yes. Caramagno: I see one of the things that a lot of the folks did there they put very large address numbers on their buildings. If you look there they probably have letters that are 18 inches tall so that helps with finding that building when you tell people where you are at. Salah: Yes. Caramagno: I think like what Craig asked about which sign would you prefer because I think the numbers of the Six Mile address will go a long ways being on that building too instead of on the door maybe there's a place for them up above the door in a large fashion will help people find the location as well. That's all if have for questions. Henzi: Any other questions? Neville: Mr. Chair. Henzi: Mr. Neville. Neville: Just for clarification sake, the structure that is out there right now, that's the old deteriorated sign -- Salah: That's correct. Neville: Is it your intent to have your proposed ground sign moved back to --essentially set back where that existing sign was? Salah: Actually, again the picture looks like so big butjust because he is making it. It will be in the same location where this old sign but extended to fit the new measurements. Neville: Oh, I -- Salah: But in the same location. Neville: --understand your proposed sign is wider then what was previously there but I guess my thought is setting it back essentially where perhaps that would be the south side end of the proposed sign be set back to where the existing sign was versus so --you know --you've got it further north on the property line. Salah: Mm-hmm. Neville: And again it's probably self-evident but the changeable letters you're talking about just manual going out there and putting up open house, open enrollment -- Salah: Yes. Neville: --summer school, whatever of that nature, nothing electronic, LED or anything of that nature, correct? City of Livonia, Zoning Board of Appeals Page 27 of 41 January 5, 2016 Salah: No --no. Neville: Okay. Thank you. Salah: Manually changeable letters yes. Neville: Okay. Henzi: Any other questions? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: I just did the math on the two different signs and you are three time bigger then what KinderCare had. A little bit over --actually a little bit over three times. You actually have KinderCare's sign in the back. Salah: The deteriorated ones right? Pastor: Yep. Salah: That was four by four. Pastor: That was nine square feet and you are asking for 28 square feet. Salah: Yeah, I think that old one was four by four. Pastor: Three by three according to the paperwork I've got here, three foot by three foot. Henzi: Plus sixteen or eighteen inch base. Pastor: I didn't --on either one of these I didn't count the base. Salah: I thought the old one was four by four but I don't --I was told that. Pastor: So back to my question why do you need a little more than three times the square footage of what the other place had and a building sign? Salah: I'm just trying to make it really visible by the parents, by the community there around. And I looked at neighbors there next to me on each side down the road they have -- Pastor: You can't really look at your neighbors because their buildings are different than yours. They have larger buildings with more frontage. That is how the ordinance is based on the frontage of your building. Salah: Yeah, I think this picture is deceiving here it's not really --I mean four by seven -- but the original one was four by four I believe. Pastor: It's right here in our packet. Henzi: We also have the permit in our packet. Salah- Okay--okay--okay. Pastor: Thank you. City of Livonia, Zoning Board of Appeals Page 28 of 41 January 5, 2016 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. Mr. Salah, I'll bring you back after the speaker and the letters. Salah: Okay, thank you. McGuire: So I'm Cheryl McGuire, I live at 29628 Munger which is almost directly south in the little street there. And I'm sorry I didn't do my letter we actually --this came at a busy time and we forgot and an hour ago my husband said is that meeting tonight so here I am unwritten. We are walkers and we walk that area. My husband, myself and my daughter pretty constantly and so we walk by where the old KinderCare is all the time. We shop in that area, I get my hair done at Glory's Salon which is right there, and get my nails done there and we walk across to Walgreens and Gordon Food. So my point is as a resident that kind of backs up to here what I appreciate is the controlled businesses that are friendly to us and that we walk to and we can use and yet they are controlled. And the ordinance controls their appearance thereby --I mean there's just east of there there's more --I mean east of there is more residences on Six Mile. I am glad to have that old KinderCare facility used again as a daycare. Daycares are valuable, Montessori schools are wonderful and people need to have a place close to home to bring their children when they work. But I would --I'm here to request that you just keep to the ordinance for signage. KinderCare did not need a great big sign. Daycares are destination oriented. It has an address and you take your children there and it's a destination oriented kind of facility. As you went over the requirements for why you could get a variance I don't see anything really exceptional about this where there couldn't do business there without this variance. And so I hear one sign or the other but frankly I don't really see why we have to change anything here or given any relief. I don't believe there is any hardship happening here. I did have one question that I meant to ask at the beginning which is it a variance that goes with the land or with the business? Henzi: Land. McGuire: So if this larger sign is granted and the business fails and something else moves in we've got a bigger sign there for ever and ever. And it's just nicer for the residents in these corner areas where you have shopping districts, I think in the middle of residential district the whole point is things are close by and they are accessible but at the same time kind of controlled. And I appreciate the ordinance for that and I would hope that you keep that. And I wish the daycare success I just don't really think we need the bigger signs. Henzi: Thank you. Are there any questions -- Neville: I've got a questions for-- Henzi: Oh, Mrs. McGuire. McGuire: Sure. Henzi: Go ahead, Mr. Neville. Neville: Bell Creek Plaza is right next door to the east of KinderCare, correct? City of Livonia, Zoning Board of Appeals Page 29 of 41 January 5, 2016 McGuire: Right. Neville: They've got a relatively large sign there do they not? McGuire: Well they do and so it doesn't mean --I guess as Craig said it's not a precedent for this particular facility. And Bell Creek has --isn't that the one you are talking about with the several businesses right there so you have one monument sign for several businesses? And this is a single business, a destination oriented business. It's not a gown shop, it's not a retail store, it's not the nail store, it's a different kind of business. And again you're changing it --in affect changing it forever when you grant this variance. Neville: So you're saying the neighborhood is less desirable because one sign would be McGuire: No, I don't think I heard that. I shop there, I get my nails done there. I didn't think I said. Sorry, I didn't think I said that. I think it is desirable thought to keep the --I mean if the ordinance is wrong and we should allow bigger signs then let City Council do that. But if the ordinance is right, why grant the variance? Where is the hardship? I don't know where the hardship is. That's just my opinion. Neville: Thank you. McGuire: Uh-huh. Henzi: Is there anyone else who wants to speak for or against the project? Seeing no one else, are there letters? Caramagno: No letters. Henzi: Okay, so Mr. Salah, you have the opportunity for a closing statement. Salah: I would really urge your consideration for this. I heard Misses here for that but that's really a small sign. I know it is a destination but we need it to be known to people who don't know about it yet. We need this fail I don't want this building to be empty for another two years or so. We need --we have spent money for improvements and we need this to be successful. That other business to the left of us is a single business and he has a bigger sign then what --then the old one that is there. I just hope for your consideration. Pastor: Mr. Chair. Salah: I appreciate that. Henzi: Mr. Pastor. Pastor: Mr. Salah, what is your hardship as this young lady said. She didn't hear your hardship, so what is your hardship for this? Salah: Hardship is with --be for people not to notice that there is a new school here. A new Montessori and new daycare. And to go bankrupt in a few --you know --few months that would be disastrous, that would not be good for Livonia or for the community. Pastor: My next question is you keep saying Montessori, are you associated with the Montessori's? Salah: No --no, but the program will be Montessori program. City of Livonia, Zoning Board of Appeals Page 30 of 41 January 5, 2016 Pastor: Okay, thank you. Salah: Yes. Henzi: Anything else you want to say? Salah: That's it, your Honor. Henzi: Thank you. I'll close the public portion of the case and begin the Board's comments with Mr. Pastor. Pastor: I can't approve this package as presented. A lot of square foot, an extra sign, I haven't heard a hardship. I do want that business to succeed but the ground sign is more than three times what the KinderCare had. I don't recall KinderCare having a sign on the building. So for those reasons at this particular moment I would probably table it. Henzi: Mr. Schepis. Schepis: I think I agree, there are a couple of different excesses here. I can see the need--I think I can see the need maybe for both the ground and a wall sign but as it is presented here these are both pretty large signs and I don't know that the hardship is there for that. Maybe this is a case where there needs to be some changes in what is presented. Henzi: Mr. Neville. Neville: I think that --with respect--I think Mr. Salah somewhat agrees if he had to choose between the two the ground sign would probably be better for him from a visibility standpoint for traffic going each way versus the wall sign. I do agree that I think the proposed ground sign is somewhat too large. And I think I would prefer to see something perhaps maybe scaled back a little bit knowing that if you were to forfeit the wall sign and then perhaps scale back somewhat the ground sign where you could both establish the visibility up and down Six Mile, it would help to draw attention to that business. So I would be in support of tabling the petition with him perhaps coming back with a plan. And I also thought Mr. Pastor raised a good point relative to perhaps large letters for the address which help with location. But perhaps looking for a modification relative to the ground sign. Henzi: Mr. Baringhaus. Baringhaus: I was just looking at what signage did exist on the property versus what is proposed today. At one point on the permit from 1979 the wall sign was 8.8 square feet today we are proposing 42 square feet. The ground sign that is there now--was there now was 9 square feet, today we are proposing 28 square feet. Even the setback. The old sign 30 feet setback from the right-of-way today 10 feet. So not only is it larger but it is closer to the road and would definitely have more impact. I see the need for signage for the building, I would support tabling this variance at this time and have the Petitioner come back with a more scaled down proposal. Thank you. Henzi: Mr. Coppola. City of Livonia, Zoning Board of Appeals Page 31 of 41 January 5, 2016 Coppola: Yeah, I'm not in support of the petition as it is presented right now but would be open to considering some level of variance on the ground sign or wall sign but not both. I just think that is a little bit of overkill and significantly greater then what is normally allowed there. And it would be difficult for me to support something like that. I'm not in support as presented but would support a tabling motion to give the Petitioner an opportunity to revise his proposal. Henzi: Mr. Caramagno. Caramagno: I would have to say also I'm a little bit concerned about the excessive signage. The monument sign is probably your best bet there. I would listen to something greater then what is allowed. We never got that far to talk about lighting, we never got as far as talking about the materials in which a ground sign would be built. A lot of times a nice ground sign goes a long way. This really doesn't speak to that as far as I can tell. But I do think something needs to be done here. This building needs to be occupied. A little square footage on a sign isn't going to kill anybody. I live here to, I walk also very close to there. I don't think it would trouble me a lot. The other thing that I think is good with this business is we see a lot of variances coming in here for home operations for daycares and what not. This to me is somebody trying to do child daycare the right way and I like that. So I would like to see a little better plan that I can support. Henzi: I actually would move to deny the wall sign and table for further discussion on the ground sign. I really am not persuaded that six foot high sign when a 52 inch sign existed for many years is reasonable. However, this is a unique business in a structure that is zoned office and if it was not zoned office he wouldn't be hamstrung by 16 square feet. However, having said that a daycare is not retail yet it is not office. It's not the doctor's office where you go four times a year, you know exactly where it is and ten doctors hang a shingle on one monument sign. Yet as the speaker pointed out, Mrs. McGuire, she is absolutely right, it's a destination. People are going to take their kids there every single day or several times a week. So it's the folks --it's the new customers for lack of a better word that the Petitioner wants to attract. I think that is reasonable to have some kind of excess over 16 square feet to attract the new customers. I just think what was proposed is not going to cut it at least with me. So I would move for a tabling. The floor is open for a motion. Pastor: Mr. Chair. Henzi: Mr. Pastor. Upon Motion by Pastor and supported by Baringhaus, it was: RESOLVED: APPEAL CASENO.2016-01-04: An appeal has been made to the Zoning Board of Appeals by Alma Real Estate Investments, LLC, 2951 Long Ridge Court, West Bloomfield, MI 48323, seeking to erect a wall sign and ground sign upon property zoned Office Services, which allows for a ground or wall sign and cannot exceed sixteen (16) sq. ft. Proposed is a wall sign of 42 sq. ft. and a ground sign of 28 sq. ft. Excess in area is the wall sign at 26 sq. ft. and ground sign area of 12 sq. ft. City of Livonia, Zoning Board of Appeals Page 32 of 41 January 5, 2016 The property is located on the south side of Six Mile (29721), between Middlebelt and Oporto, Lot. No. 053-01-0006-002, OS Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 18.50F(a) "Sign Regulations for Office Services Districts," be tabled to allow Petitioner an opportunity to take the Board's comments into consideration. ROLL CALL VOTE: AYES: Pastor, Baringhaus, Neville, Schepis, Coppola, Caramagno, Henzi NAYS: None ABSENT: None Henzi: The variance is tabled. If you want to get on the next meeting which is February 2nd, you've got to contact the office by this Friday. If you want to get on for February 16tH you've got to contact the office by January 27th. Good luck to you. Salah: Thank you. City of Livonia, Zoning Board of Appeals Page 33 of 41 January 5, 2016 APPEAL CASE NO. 2016-01-05: An appeal has been made to the Zoning Board of Appeals by Grand River Charter Development, LLC, 3850 Broadmoor Ave. SE, Ste. 201, Grand Rapids, MI 49512, seeking to erect a one (1) story multi storage building facility, resulting in deficient east side yard setback. Side Yard Setback: Required: 30 ft. Proposed: 5 ft. Deficient: 25 ft. The property is located on the south side of Eight Mile (28153), between Angling and Grand River, Lot. No. 001-99-0001-008, ML (conditional) Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 15.05(b), "Yard and Setback Requirements." Henzi: Mr. Hanosh, anything to add to this case? Hanosh: Not at this time, Mr. Chair. Henzi: Any questions for Mr. Hanosh? I to make sure I've got this right. Was developed and rezoned or re -parceled? Fisher: How do you mean? have one for you Craig or Mr. Fisher. I just want the setback created when the property was Henzi: Well, he's got --all he is asking for is relief from the east side yard setback. I guess what I'm asking is the --did the prior development have the same problem or was it created only because they reconfigured, they built a school and now they want to build this? Fisher: Yeah, I think the --I guess I don't know the history of this but I think the pattern of development here is what has created this setback deficiency. Henzi: Okay. Thank you. Good evening. Davis: Good evening. Henzi: Go ahead, tell us your name and address. Davis: Sure, my name is Bill Davis. My address is 417 North Maple Road in Ann Arbor, 48103. 1 am filling two roles tonight. One is as authorized representative for Grand River Charter Development and the other is as a developer for the storage property. So it sounds unusual but my company has a long contractual relationship with Grand River and through their operating company National Heritage Academy so I've been involved in over fifty of their projects. And it also so happens my family invests in and develops storage property. So when this excess land became available when the school was developed we took an interest in the property. So the history is the school itself is regulated at that State level for their improvements and site plan. And so it was their desire to develop the property as a campus with other uses down the road but it wasn't really feasible to then subject the school to City zoning when they are regulated at the City of Livonia, Zoning Board of Appeals Page 34 of 41 January 5, 2016 State level. So we talked to the City about that and one possibility they put out there was conditional zoning. And so we pursued that for the storage property. And this last November we got an approval for the site plan that you see here and the use as a self - storage facility. So that was approved by Council. So the request tonight is fairly simple. It won't change the site plan, it won't change the use, it will only change the east lot line where that is located. So the land division happened on maybe a year ago and that line is really not suitable now. We want to set the line at a suitable place going forward. We intend to purchase the property in February and start construction in March. But we've involved the school operation folks in the discussion of the development and one concern they brought to the project was that the east --I'm sorry the west side of their building which has got the access lanes, the aisles for pick-up and drop-off of the kids, there's usually during school months there are twice a day several hundred kids being dropped off and picked up at that location. And so they expressed a strong desire to maintain ownership of that property rather than have an easement there. And so that's the reason for the request tonight. It won't change the development it won't change the storage property, it will just change the legal description of the land division that happens when the sale is made. But the other interesting fact is during our conversations with City Council they did decide to take storage as a use which isn't allowed in commercial or business zoning right now, it is only allowed in industrial. That's why we asked for and got the industrial slash limited category. But down the road they agreed that they should consider allowing storage in commercial zones anyway so the fact is these setbacks may change within a couple of years. So I am happy to answer any questions you might have. There is also an elevation here with the east side of our building which would face the school so that's that portion there. And so if you think the request has some merit but you are concerned about precedent one possibility is that the site plan and the use for storage was conditionally approved only for that use and only for that site plan. So if you thought this variance on the setback made sense it could apply only to that use and only to that site plan that was approved by Council. So if this use went away the variance would also expire. Thank you. Henzi: Mr. Davis I guess the question I made earlier was that you knew when you were developing the entire project that the east setback was going to be deficient? Davis: We did and originally we looked at a couple of ways to approach this use in that zoning and one possibility was to approach the City to change the entire district and that wasn't very feasible. In fact that had been asked for maybe ten years ago. But as a result of those discussions they're starting to say they may be able to consider that down the road. That business has changed and this type of facility is a little more understandable as a compatible use in a business district. But the way the ordinance is written today that is not what it says. Henzi: But you're saying when you went through Planning Commission and City Council you were proposing this development part and parcel -- Davis: Right well aware of it. But during this process of developing the campus the concern with the operation folks the people running the school is that they would like to own the property and essentially the lot line and the five foot setback is related to a four City of Livonia, Zoning Board of Appeals Page 35 of 41 January 5, 2016 foot chain link fence that exists on the property now and it gives a good zone of control and sight for them that they understand is their property. So that is their request and that is what we agreed to do tonight is to come and let you know their concerns and that the only two neighbors affected are the storage property and the school and that they are both in agreement that they would like to do this. And if it were limited to only this condition and this development then that is fine as well. Henzi: Thank you. That summarized it perfectly, thank you. Any questions? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: Can you go through your drawings so I can have an understanding of how that is going to look? Davis: Sure. Caramagno: What side is --just point the school -- Davis: All right the school is just this beige building on the corner so-- Caramagno: Go that way. Davis: --just zoomed in right. And so there are two options for people to access the building one is they can park in the front parking lot and walk into the building. And the other is to use the queuing lanes that wrap around the building. And there is a curve and a pick-up and drop-off here. And it is a very regulated operation. There are teachers and staff and other folks involved making sure the right kid gets to the right car and recognizes the parents. So it's all --they consider that the heart of their operation is making sure the kid goes home with the right parent and things are organized and moving quickly. So to them that ownership idea of the land is important. Caramagno: And that's --the land you are speaking of is that green strip right there? Davis: So the heavy black is what we are proposing for the lot line for the east side so that would leave a five foot setback for the storage building, some landscaping and an existing fence though would be on the school property. So from their prospective that's a sight line --that's school property anyone on that property is subject to school rules or control. And that's fine with the storage property. There's no other need to have the larger setback and that only comes with the industrial zoning which is necessary for the use which --you know --so we are kind of trying to work within the rules and here is one little condition that kind of came up through this process. So then secondly the building side that is facing east from the storage property is --it's got a horizontal ridge from the outside and the architectural siding and then masonry towards the north east corner. Caramagno: That faces the school so the school sees that? Davis: Right, and there's no doors or exits on that side at all so again that contributes to that whole control idea, what they can see belongs to them and anything on their side of the fence is within the school's property. Caramagno: What's the second --what's the second picture down? City of Livonia, Zoning Board of Appeals Page 36 of 41 January 5, 2016 Davis: This picture? Caramagno: Yes. Davis: So these are just other elevations of the storage property so there are six buildings total. So the idea was that we're using masonry to try and mimic a commercial building rather than a storage building so the Council was concerned about the aesthetics of the property on the public right-of-way. So from Eight Mile frontage and Angling Road frontage we've got these facades. Caramagno: I'm sure some of these setbacks are for access if something should ever need to get on one side of that building. With a five foot setback you can't get a piece of equipment in there. This is not an issue here because you have a driveway for the school, should you have a fire, should you have anything there -- Davis: That's true. Caramagno: --they've got access to get in there and handle anything whatever the situation may be because they can use that school driveway I'm sure. Davis: Right, and we've had the Fire Marshall look over this plan and there's a fire lane to the south that was actually created specifically to continue the access across both properties so there is a curb cut onto Angling that is limited. There's a fence there but the Fire Department would be able to access it in an emergency. Caramagno: You have access all the way around that property, this storage facility -- Davis: Right. Caramagno: --whether it has a setback or not you have access around it. Davis: Correct. Caramagno: Thank you. Henzi: Any other questions? Coppola: Mr. Chair. Henzi: Mr. Coppola. Coppola: Just to clarify a question. One of the reasons you stated to move the property line to the west was the school wanted control over its access and didn't want an easement. Am I looking at this correctly does it look like they still have to have an easement when they come north and they have to go to west to get out, is that an easement there? Davis: They do so the entire campus has a number of cross access easements, but for this particular portion where they do pick-up and drop-off they just feel that's the control point. And the part that --so the --I don't think the corporate real estate people care whether they own it or not but the operations folks do. The folks running the school every day feel that -- Coppola: So is the --on the west side of the school there is that actually the doors where the people come in and out? City of Livonia, Zoning Board of Appeals Page 37 of 41 January 5, 2016 Davis: For the folks using the queuing lanes yes. Coppola: Oh, okay. Davis: There is a front door on Eight Mile and that can be accessed by the parking lot folks but as I understand it is about fifty --fifty right now. It's the choice of the parents depending on whether they want to come in, drop off or drop off at the curb. Coppola: That was the part that wasn't clear and I didn't understand what was going on on the west side there. 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. No one is coming forward, can you read the letter? Caramagno: Letter of approval from National Heritage Academies and Jeff Chamberlain, Director of Real Estate, National Heritage Academies, 3850 Broadmoor Avenue Street, Grand Rapids, Michigan (letter read). Henzi: Mr. Davis, anything you want to say in closing? Davis: No, thank you. Henzi: Thank you. I'll close the public portion of the case and begin the Board's comments with Mr. Schepis. Schepis: This appears to be a plan that has had a lot of thought put into it. As I understand it the only entity that would be affected by the variance supports it so I will too. Henzi: Mr. Neville. Neville: I will agree. I think this is a very well thought out plan. I would be in support of the petition. Henzi: Mr. Baringhaus. Baringhaus: I agree with Mr. Neville. A lot of thought, a lot of research went into to it. You've talked to a number of organizations within the City of Livonia. I'm inclined to support it. Henzi: Mr. Coppola. Coppola: Yeah, I'm in support. I don't think there's any issues in regards to granting a variance like this. Specifically when you look at how the property has been developed and I will tell you it is a hell of an improvement compared to what it was just over a couple of years ago. So I'm glad to see some great businesses going into that corner for Livonia and I'm definitely in support. Henzi: Mr. Caramagno. Caramagno: Yeah, I'm very happy as well. It's nice to see this property change from what it was and has been to what it is going to be now. That deficiency --you only have two neighbors there you and the school and you're both good with it and that's good to see City of Livonia, Zoning Board of Appeals Page 38 of 41 January 5, 2016 people in agreement. It also has the access --it would be different if it wasn't access for me --to get around that building, there is. I'm in full support. Henzi: Mr. Pastor. Pastor: This property was another troubled piece of property for a number of years. Now that the school's built, improved upon it, and this I think this will also be an improvement so I'll be in full support. Henzi: I too will support it. I think it is a fantastic development. I'll just suggest we incorporate the City Council's Resolution 360-15 as a condition. So the floor is open for a motion. Coppola: Mr. Chair. Henzi: Mr. Coppola. Upon Motion by Coppola and supported by Caramagno, it was: RESOLVED: APPEAL CASENO.2016-01-05: An appeal has been made to the Zoning Board of Appeals by Grand River Charter Development, LLC, 3850 Broadmoor Ave. SE, Ste. 201, Grand Rapids, MI 49512, seeking to erect a one (1) story multi storage building facility, resulting in deficient east side yard setback. Side Yard Setback: Required: 30 ft. Proposed: 5 ft. Deficient: 25 ft. The property is located on the south side of Eight Mile (28153), between Angling and Grand River, Lot. No. 001-99-0001-008, ML (conditional) Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 15.05(b), "Yard and Setback Requirements," be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met based on the layout of the property and difficulties it presents. 2. Denial of the variance would have severe consequences for the Petitioner because it would make it difficult to develop the property. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because the neighboring property owners are in support. City of Livonia, Zoning Board of Appeals Page 39 of 41 January 5, 2016 4. The Board received one letter of approval and no objection letters from neighboring property owners. 5. The property is classified as "general commercial" 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 all requirements of City Council Resolution 360-15 be incorporated into these conditions. 2. That it complies with all requirements of City Council and Planning Commission. ROLL CALL VOTE: AYES: Coppola, Caramagno, Schepis, Baringhaus, Neville, Pastor, Henzi NAYS: None ABSENT: None Henzi: The variance is granted with that one condition. Thank you, Mr. Davis. Davis: Thank you, I appreciate it. Henzi: Good luck to you. Davis: Thank you. City of Livonia, Zoning Board of Appeals Page 40 of 41 January 5, 2016 Henzi: No minutes, is there a motion to adjourn? Pastor: Motion to adjourn. Coppola: Wait don't we -- Pastor: No, those are for next week. Coppola: No, I got them last meeting. Henzi: Okay, hold on. What's the date on that one? Caramagno: November 17tH Coppola: Did we already vote on them? I had them in my packet last time. Fisher: Oh, the minutes of the meeting should have that. Do you have the December minutes? Baringhaus: That's December 8th. This is what Greg has. Fisher: Yeah, you should approve the November 17th minutes. Henzi: Okay, is there a motion? Coppola: Motion to approve. Baringhaus: Support. Henzi: All in favor say aye. Board Members: Aye. Pastor: Motion to adjourn. Henzi: Is there support? Neville: Support. Henzi: All in favor say aye. Board Members: Aye. Henzi: We are adjourned. There being no further business to come before the Board, the meeting was adjourned at 8:35 p.m. Matt Henzi, Chairman Sam Caramagno, Secretary City of Livonia, Zoning Board of Appeals Page 41 of 41 January 5, 2016