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HomeMy WebLinkAboutZBA MEETING 2014-09-09 ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF A REGULAR MEETING HELD SEPTEMBER 9, 2014 A Regular Meeting of the Zoning Board of Appeals of the City of Livonia was held in the Gallery of the Livonia City Hall on Tuesday, September 9, 2014. MEMBERS PRESENT: Matthew Henzi, Chairman Sam Caramagno, Secretary Craig Pastor Robert Bowling Robert Sills Benjamin Schepis MEMBERS ABSENT: Jason Rhines OTHERS PRESENT: Dennis DeMeyer, Assistant City Attorney Steve Banko, 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 2 people present in the audience. (7:05) City of Livonia, Zoning Board of Appeals Page 1 of 8 September 9, 2014 APPEAL CASE NO. 2014-09-46: An appeal has been made to the Zoning Board of Appeals by Tarek and Roze Kadri, 14463 Woodside, Livonia, MI 48154, seeking to modify a previous variance (8909-126) to erect a six (6) foot tall privacy fence upon a corner/double frontage lot, resulting in deficient rear yard setback and the fence being excess in height within the corner side yard. Rear Yard Setback Fence Height Within The Corner Side Yard Required: 30 ft. Allowed: 5 ft. Proposed: 0 ft. Proposed: 6 ft. Deficient: 30 ft. Excess: 1 ft. The property is located on the west side of Woodside (14463) between Martin Ave. and the Cul-De-Sac, Lot No. 080-07-0001-000, R-2 Zoning District. Rejected by the Inspection Department under City of Livonia Fence Ordinance, Section 15.44.090A(3); 15.44.090A(4)bii “Residential District Regulations.” Henzi: Mr. DeMeyer, anything to add to this case? DeMeyer: Not at this time, Mr. Chair. Fisher: Mr. Chair. Henzi: Mr. Fisher. Fisher: Just for the record, ordinarily we don’t modify previous variances if somebody has taken advantage of them. Because the law says if you use your variance you are stuck with the conditions and if you didn’t like the conditions you should have appealed them to Circuit Court. This case is unusual in that it is now 25 years old and apparently the fences along this stretch of Levan have all now conformed to what the petition-- something like what the petitioners are looking for. So that is why you are seeing this. Henzi: Okay. Any questions for the Inspection Department? Hearing none, good evening can you tell us your names and address? Tarek Kadri: Tarek and Roze Kadri. We live on 14463 Woodside. Henzi: Okay. You had a very comprehensive application so tell us if there is anything you want to add or anything you want to highlight? Tarek Kadri: I’m going to refer to Roze. Roze has been taking this and I am here for moral support. Roze Kadri: I look forward to answering any questions you might have. City of Livonia, Zoning Board of Appeals Page 2 of 8 September 9, 2014 Henzi: Okay. Maybe the only I question I have is--you know--Sergeant Boitos has a recommendation, you knew about that didn’t you? Roze Kadri: Yes, he did and we--it seems like I’ve been very klutzy but I’ve broken my back--hurt my back I should say, and so two weeks after he visited us my husband and I went and chopped down the bushes to comply with his request. Henzi: Okay. Roze Kadri: We didn’t know that they were a problem initially. Henzi: Any questions? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: I’m looking at your plot plan and it appears that--are you planning on putting your vinyl fence on the back property line? Roze Kadri: Yes. Pastor: Isn’t there already a privacy fence on that back property line--your neighbors? Roze Kadri: Excuse me? Tarek Kadri: Between us and our neighbor it’s a wood fence. Pastor: Right, are you putting another fence next to that wood fence? Roze Kadri: If they don’t agree to having theirs pulled up and they can use ours then it would be adjacent or stuck right next to it. Pastor: Just so you know, we don’t allow that. Roze Kadri: Oh, yeah? Pastor: We don’t allow fence on fence. Roze Kadri: All right. Pastor: You cannot have two fences in a confined area. Roze Kadri: Well half of the fence is theirs, and then half of that other fence on that west- -on the north side is ours, so how would you suggest that we handle that? Pastor: I don’t know but you can’t put two fences together. Roze Kadri: Okay. Pastor: My other question is, is where this telephone box is in the back corner of your property where it looks like you notched out the corner, how far away is your fence going to be from that pedestal? Roze Kadri: Right now it is eight feet and we will maintain that. Pastor: So, well yeah--but you’re--you’re moving your fence out toward the sidewalk so you’re going to have that eight foot--like eight foot circumference around that? Roze Kadri: Like an inset--like boxed in. City of Livonia, Zoning Board of Appeals Page 3 of 8 September 9, 2014 Pastor: Okay. Okay, that’s the only two questions I have. Henzi: Any other questions? Sills: Mr. Chair. Henzi: Mr. Sills. Sills: To the petitioner what--what does the one foot addition to the south side of your property line, what is that going to do for you? Roze Kadri: It will allow us to have the ability for the gate to open up better because as it is right now you have the ice built up and the snow built up from like November on, it’s either permanently open or permanently closed--the door--the gate. Sills: The fence along Levan are you planning on aligning your fence with the other fences? Roze Kadri: Exactly, that is the idea. Sills: Okay, and you are proposing to have a beige vinyl fence, is that correct? Roze Kadri: Yes, sir. Sills: At the present time the wooden fence is--I think--is about six foot high at the present time? Roze Kadri: Exactly. Sills: So the vinyl fence is not going to be any higher than that and you will have a foot of trellis on the vinyl fence? Roze Kadri: No, we provided -- if you turn to page four of this handout, this top left that’s the style that we would look at. We found the lattice is too delicate and my kids pretty much destroyed it with their things so we thought that would be more private as well as more stronger. Sills: Okay, is your--are you intending on keeping the shed on your property? Roze Kadri: Yes. Sills: You are not going to remove the shed? Roze Kadri: No. Top left-- Sills: I guess that’s about all I got outside of are you going to remove the shrubs and fence from the southwest corner as recommended by Sergeant Boitos? Roze Kadri: That’s done. Sills: Okay, thank you. Henzi: Any other questions? Hearing none, there’s nobody in the audience, can you read the letters? Caramagno: Letters of approval from Kathryn and Mario D’Herin, 14460 Woodside (letter read), and Maureen Niner, 14467 Woodside (letter read) and Roze and Tarek Kadri, 14463 Woodside (letter read). City of Livonia, Zoning Board of Appeals Page 4 of 8 September 9, 2014 Henzi: Mr. and Mrs. Kadri, anything you want to say in closing? Roze Kadri: Thank you for hearing us. Henzi: Okay, I will close the public portion of the case and begin the Board’s comments with Mr. Sills. Sills: I don’t see any problem with this. You’ve certainly got the support of your neighbors and I think the old fence has seen its days and does need to be replaced. And while you are replacing it you might as well do what you want to do with it. I can support this. Henzi: Mr. Caramagno. Caramagno: Well, I am going to support it as well. It’s going to line up better with the neighboring fences to the--what is the north of you. The vinyl fence will hopefully catch on and maybe the other residences around you will do the same thing someday because the vinyl looks much better than the wood. The only--yeah, I think it looks good. Henzi: Mr. Pastor. Pastor: Yes, I agree I think the vinyl fence will look very nice. The only concern that I really had was that phone pedestal in the back corner of your lot. As long as you keep minimum clearances for whatever the codes require I have no problem with this. Henzi: Mr. Schepis. Schepis: I agree, I mean I think the vinyl fence is good. And I would echo that I kind of hope it catches on. Henzi: Mr. Bowling. Bowling: I am in full support, I think it is going to look great and match up with everything else going down the road. Roze Kadri: Thank you. Henzi: I too will support. You know at Lyndon which I use all time on both sides there is that fence exactly what you are proposing. It makes perfect sense to me. And I think that Mr. Pastor was talking about your neighbors the Miners? Roze Kadri: Niners. Henzi: Niners? There is a form that you have that you go and you fill out if they want to remove the fence and then--well you are going to have the vinyl. You get that approval and you bring it back. Roze Kadri: Where would I get the form? Fisher: The Inspection Department. Roze Kadri: Inspection? Can you tell me what the name of it is? Fisher: No, but they--it’s a neighbor consent form. Roze Kadri: Neighbor consent--that’s good--that’s good. Henzi: They will know exactly. So, the floor is open for a motion. City of Livonia, Zoning Board of Appeals Page 5 of 8 September 9, 2014 Caramagno: Mr. Chair, I’ll take it. Henzi: Mr. Caramagno. Upon Motion by Caramagno is supported by Pastor, it was: RESOLVED:APPEAL CASE NO. 2014-09-46: An appeal has been made to the Zoning Board of Appeals by Tarek and Roze Kadri, 14463 Woodside, Livonia, MI 48154, seeking to modify a previous variance (8909-126) to erect a six (6) foot tall privacy fence upon a corner/double frontage lot, resulting in deficient rear yard setback and the fence being excess in height within the corner side yard. Rear Yard Setback Fence Height Within The Corner Side Yard Required: 30 ft. Allowed: 5 ft. Proposed: 0 ft. Proposed: 6 ft. Deficient: 30 ft. Excess: 1 ft. The property is located on the west side of Woodside (14463) between Martin Ave. and the Cul-De-Sac, Lot No. 080-07-0001-000, R-2 Zoning District. Rejected by the Inspection Department under City of Livonia Fence Ordinance, Section 15.44.090A(3); be granted for the following 15.44.090A(4)bii “Residential District Regulations,” reasons and findings of fact: 1. The uniqueness requirement is met because the fence would be in alignment with the neighboring fences and provide protection for the petitioners’ double frontage lot. 2. Denial of the variance would have severe consequences for the Petitioner because it would not allow protection and privacy for the petitioners. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because the neighbors have similar fences and are in support of the variance. 4. The Board received three letters of approval and no letters of objection 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. City of Livonia, Zoning Board of Appeals Page 6 of 8 September 9, 2014 FURTHER, This variance is granted with the following conditions: 1. That the fence be constructed as presented. 2. That petitioner continue in compliance with all recommendations of Sgt. Boitos of the Livonia Police Department. 3. That the fence be constructed within twelve (12) months. 4. That the fence comply with the minimum code requirements for clearance surrounding the phone box. 5. That the petitioners obtain their adjoining neighbor’s consent to remove the current wood fence prior to installing the new vinyl fence, thereby preventing any fence on fence situation. ROLL CALL VOTE: AYES: Caramagno, Pastor, Sills, Schepis, Bowling, Henzi NAYS: None ABSENT: Rhines Henzi: The variance was granted I will read the conditions one more time. You’ve got to install it as proposed both the type and the placement. You’ve got to follow the police requirements. You’ve got twelve months in which to build it. You can’t have any fence on fence and you have to have room around the phone box. So when you go to your neighbor basically what you are going to be telling him or her is that we can’t have both fences. Either the wood is going to stay or we are going to replace it with the vinyl. My guess is they will want the vinyl; it’s going to look a lot nicer. Tarek Kadri: Of course, I don’t think she will have a problem. Henzi: Good luck. Tarek Kadri: Thank you very much. Roze Kadri: Thank you--thank you all. City of Livonia, Zoning Board of Appeals Page 7 of 8 September 9, 2014 Pastor: Do we have minutes to approve? thth Henzi: Yeah, it says July 29 and August 12 which I know--they’re in--we got them last time. thth Pastor: Oh, okay I make a motion to approve the minutes of July 29 and August 12. Caramagno: Was I there? Pastor: Yep. Caramagno: Then I will support it. Upon Motion by Pastor supported by Caramagno the minutes from the July 29, 2014 and August 12, 2014 were approved. Pastor: I’ll make a motion to adjourn. Henzi: Is there support? Caramagno: Support. Henzi: All in favor say aye. Board Members: Aye. There being no further business to come before the Board, the meeting was adjourned at 7:18 p.m. __________________________ SAM CARAMAGNO, Secretary ___________________________ MATTHEW HENZI, Chairman /pcb City of Livonia, Zoning Board of Appeals Page 8 of 8 September 9, 2014