Loading...
HomeMy WebLinkAboutZBA MEETING 2015-04-28 ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF SPECIAL MEETING HELD APRIL 28, 2015 A Special Meeting of the Zoning Board of Appeals of the City of Livonia was held in the Auditorium of the Livonia City Hall on Tuesday, April 28, 2015. MEMBERS PRESENT: Matthew Henzi, Chairman Sam Caramagno, Secretary Craig Pastor Robert Bowling Gregory Coppola MEMBERS ABSENT: Robert Sills Ben Schepis OTHERS PRESENT: Mike Fisher, City Attorney Scott Kearfott, City Inspector Patricia C. Burklow, CER-8225 The meeting was called to order at 7:00 p.m. Chairman Henzi then explained the Rules of Procedure to those interested parties. Each petitioner must give their name and address and declare hardship for appeal. Appeals of the Zoning Board's decisions are made to the Wayne County Circuit Court. The Chairman advised the audience that appeals can be filed within 21 days of the date tonight’s minutes are approved. The decision of the Zoning Board shall become final within five (5) calendar days following the hearing and the applicant shall be mailed a copy of the decision. There are four decisions the Board can make: to deny, to grant, to grant as modified by the Board, or to table for further information. Each petitioner may ask to be heard by a full seven (7) member Board. Five (5) 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 15 people present in the audience. (7:05) City of Livonia, Zoning Board of Appeals Page 1 of 39 April 28, 2015 APPEAL CASE NO. 2015-04-12: An appeal has been made to the Zoning Board of Appeals by Derek Robbins, 30451 Puritan, Livonia, MI 48154, seeking to construct an addition, to include attached garage, resulting in deficient front yard setback. Front Yard Setback: Required: 50 ft. Proposed 30 ft. Deficient: 20 ft. The property is located on the south side of Puritan (30451), between Merriman and Henry Ruff, Lot. No. 055-01-0083-000, RUF Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 5.05, “Front Yard.” Henzi: Mr. Kearfott anything to add to this case? Kearfott: Not at this time. Henzi: Any questions for the Inspection Department? Hearing none, will the petitioner please come to the podium? Good evening. Robbins: Good evening. Derek Robbins, 30451 Puritan. Henzi: Mr. Robbins, go ahead and tell us about the proposed addition. Robbins: I’m here today requesting a variance from the 50 foot as you said, requesting 30 feet. I wish to construct a garage that will contain a mud or utility room, a medical storage room. So I’m requesting 30 feet from the property line. In my planning stages I went to great lengths to present all my direct neighbors with this plan I wish to execute. Two of them quickly gave me their approval saying they believe it will increase the value of my home and as well positively affecting the neighborhood. Those letters I’ve included for you. I have an abnormally large right of way in front of my home, it’s 43 feet from the center of Puritan. Even with this variance I will still remain 73 feet from the center of the street. I have a copy of Livonia’s zoning map right. Unfortunately I wasn’t able to provide it earlier. If I could get it passed around please? Looking at the aerial imaging the highlight of the homes on this map which is nearly half on Puritan are much closer to the street than allowed by the set back of RUF zoned properties. The homes highlighted in blue are 30 feet from the setback. The home highlighted in red have a setback that is even less than 30 feet that I am requesting. I’m simply requesting that I be granted the same set back that nearly half of my neighbors already have when their homes were built. I am unable to pursue additions adjacent to any other exterior wall of my home due to overhead power lines in my back yard. I have a 27 by 50 asphalt slab with City water and natural gas supply lines under it on the northwest corner of my home along with the only back yard access to my yard. This slab backyard access and supply lines cause a hardship and has forced me to move to the only feasible location on the northeast corner of my home. I made the Board aware of my medical condition and why it is necessary for an attached garage and medical storage room for the equipment and supplies necessary for my in-home treatment and medical studies that are prescribed by my doctor administered by a registered nurse in my home. I am a college graduate currently working City of Livonia, Zoning Board of Appeals Page 2 of 39 April 28, 2015 in information and technology and need to remain healthy to continue my career. It is my hope that this Board will believe that a reasonable accommodation under the Fair Housing Act so that I may continue to live in my home without undue financial hardship or sacrificing my health. I have a picture here of a nearby neighbor on Puritan that remains- -that mimics the exterior layout of the layout I am wishing to do to my home. Also, I have two here of the aesthetically pleasing homes that I wish to mock mine after essentially. My hope--I’m a young college graduate just beginning my life and career at Ford Motor Company. I am hoping to raise a family at my home in Livonia. I don’t want to move again. It is not feasible to build a garage in any location on my property. And I feel such urgency because I need one before cold weather hits again per my doctor’s recommendation. I provided every Board Member a copy of the doctor’s recommendation of an attached garage. I hope you can understand the lack of feasibility of building in a different location and allow me to build in the most practical location per my request so I may maintain my same quality of life as other Livonia residents. Henzi: I have a few questions for you starting with the handout that you had. And we will probably ask the Inspection Department to comment on that. But are you claiming that you used the same calculations for distance that you did for your house? Robbins: Yes, the neighbor two doors down from me has the same setback that I wish to have. So looking at aerial imaging I took that to scale and I looked at every other house on the street and those are the houses that are too close or the same distance I should say. Henzi: In terms of calculations do you agree on--that your proposal is 30 feet setback? Robbins: Yes. Henzi: Okay. All right, so you used those calculations in determining all the other houses setbacks? Robbins: Yes. Henzi: Okay. Robbins: And that is still 73 feet from the center of Puritan Street. Henzi: I have a couple more questions. You know when I first looked at your packet I thought to myself if you did without the utility room you would only be deficient five feet. Why do you have to have the utility room? Robbins: I have medical equipment that I require for those in-home treatments. So it is not about the utility room as much as it is about the storage room for that equipment. Henzi: Maybe it was an improper question. I don’t generally mean why do you need them, I understand through your packet. But why do those have to go there? Why couldn’t--why couldn’t you build onto the back? Robbins: Moving that large equipment in and out of the house that is the most feasible location to do that since I myself am unable to do that. City of Livonia, Zoning Board of Appeals Page 3 of 39 April 28, 2015 Henzi: Okay. One of your arguments is that you can’t put the garage toward the rear of the house because there are overhead power lines. What about if you put the garage in the side yard? Because from my perspective when I drove up and down Puritan it seemed to me that there were a lot of ranches like yours that had the garage slightly to the rear or to the side. So I guess--really my question is have you thought about every possible place on that piece of property on which to put the garage? Robbins: Absolutely. Even building on the side of the house which I would still have the utilities, the slab and the backyard access problem, I still only have 27 feet and I’m required to have a setback of 10 feet from that side property line and a 17 foot wide garage isn’t going to handle what I need. Henzi: So you’re--okay you’re saying your side yard setback right now is 27? Robbins: Yes, on the east side. On the north side it is even less I think it is only 22 feet. It is 22 feet. Henzi: Do you have a basement in the house? Robbins: No, it is on a crawl space. Henzi: Okay. Thank you. Any questions for the petitioner? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: You keep referring to all this equipment. What is this equipment that you have to move in and out? Robbins: I have I.V. equipment, I have a pole pump. I have medication shipments that come in bulk and the nurse needs to store them. I need quick access for the nurse during my treatments in case of a bad reaction. I have a respirator, a hospital bed, a wheel chair for when I do recurring chemotherapy treatments. I also have an exercise machine that the doctor recommends to maintain body strength to try and prevent the disease from progressing. And honestly I am probably going to end up using the mud room as part of my storage too because there is a lot of it. Pastor: What was bulky part other than the whatever type exercise machine you had? Robbins: Yeah, there-- Pastor: You said you had large bulky-- Robbins: Yeah, exercise equipment, I.V. pole is pretty big. A little bit of respirator equipment, like the hospital bed as well as the wheel chair. I’m going to need additional access to the equipment as I get older because the disease will most likely progress. Pastor: Wouldn’t you put the bed in your room? Robbins: But I only use it certain times when I’m doing chemotherapy treatments. So it is coming in and out of the house constantly. Pastor: Thank you. City of Livonia, Zoning Board of Appeals Page 4 of 39 April 28, 2015 Henzi: Any other questions? I have one. Scott, did you take a look at the handout that the petitioner brought with him? Kearfott: This right here? Henzi: Yes. His claim is that there’s many other properties on that street that have a deficient front yard setback. Do you have any-- Kearfott: I can’t verify that right now. Henzi: Okay. Kearfott: I mean without--unless I went back out to look and check the records. Henzi: Got it. Kearfott: I can’t verify that. Henzi: Got it. Thank you. Any other questions for the petitioner? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: Sir, what are the--your drawings here are a little bit on the--a little bit on the rough side. What are you proposing to be--explain to me your construction material? Robbins: I’m sorry I have an architect and a designer that have done work on this but I didn’t want to pay all that money without getting the variance approval first so they are waiting on that. What do you mean by explain the construction material? Sorry. Caramagno: Well, I thought I saw something with a metal roof. Robbins: Yes. Caramagno: Is that right? So the whole house is going to be reroofed? Robbins: Eventually it will but right now I can only afford the garage portion of it. So in the future I am going to reroof the entire house in metal roof. Caramagno: So you proposing that your roof on the garage will not match the rest of the home? Robbins: It will be the same color but it won’t be the same material. Caramagno: Okay. And how about the building material, it looks like brick block on your picture here. It looks like some windows I can’t tell? Robbins: Yeah is it the pictures that I passed around? I want to do a rock border around the bottom of my home and a siding on top of that--vinyl siding. Caramagno: Okay. The garage door you come in the side entrance? It’s not going to be a street facing garage door? Robbins: My existing driveway is a u-turn-- Caramagno: Yeah. City of Livonia, Zoning Board of Appeals Page 5 of 39 April 28, 2015 Robbins: --along that side with the slab so I’m just going to take out half of the u-turn so that way I would lead directly into the driveway as it currently exists. Caramagno: So the half of the driveway you are going to be taking away is the-- Robbins: It would be the west side. The west U of the driveway. Caramagno: The west U? Robbins: It would be--right now it currently sits in front of what would be my garage. Caramagno: It would be the west U or the east U? Robbins: East--sorry. Caramagno: Okay. The east U and then your driveway not only is it a U but it goes up alongside of your home there. Robbins: Correct. Caramagno: What would be--what would seem to be a natural place for a garage? What is that asphalt there? Does that stay there as well? Robbins: Yes, that’s going to stay there. That’s my parking for in the future when I have an R.V. and things like that. That way it is out of sight of the street and it’s aesthetically pleasing. There’s also as I said before there is only 27 foot so it is not wide enough for me to build a garage feasibly. Caramagno: How wide--this garage is 25 feet proposed here. Is that what I am looking at or-- Robbins: Yes. So that would only leave me a two foot setback on my west property line which requires ten. And as I said before I would still have the utilities underground there as well as that slab. Caramagno: What utilities--what utilities are underground there? Robbins: My gas line and my water line. Caramagno: Okay. That’s all the questions that I’ve got for right now. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Your utility room and your storage room, how deep are those? Robbins: They’re--one is 15--or one is 17, I think there are both about 17 if I remember. I don’t have the plans in front of me. Pastor: I’m looking at--I’m going to pull out your front elevation. You’re asking--your front elevation it says 40 foot wide but your garage it looks like it is 35 feet wide. What are you asking for? You’ve got two different measurements there. Robbins: The depth of the garage is 35 and the width would be 35. Pastor: According to this it says 40. City of Livonia, Zoning Board of Appeals Page 6 of 39 April 28, 2015 Robbins: On which portion of it? Pastor: Your elevation. Robbins: I don’t understand what you’re-- Pastor: That would be your elevation. Right across here it says 40 feet. Robbins: No, that is a misconception. I was drawing incorrectly. Pastor: Scott, you may or may not know this. Does the City allow steel shingles? I thought they did not. Kearfott: I don’t know. Robbins: It’s not steel shingles, it is one piece of steel roofing. So it will be-- Pastor: I believe the City does not allow that. Robbins: Okay. Pastor: I believe. That’s all I have. Henzi: Mr. Robbins I want to follow up. I mean the plans I am looking at, you’re proposing a 35 by 40 structure, 35 wide by 40 deep. Because it is 40 deep that is why you’re encroaching 20 feet on the setback. Are we on the same page? Robbins: Yes. Henzi: Okay. What rooms are at the rear of the house? What I’m--I’m trying to follow up on the notion that you know you’ve got the asphalt on one side of the house probably for a reason. Almost every house on that street has right side garage. And that was probably the intent at some point. Maybe a garage existed maybe it didn’t I don’t know. But it seems to me like you could put a garage to the rear of the home but that might not be the most convenient and that’s why I want to know how--if you wanted to make that an attached garage how could you do it? What are the rooms in the back? Robbins: So there’s two houses--or two rooms on that side of my home are two bedrooms so I am unable to attach a garage to those bedrooms. And I still have to deal with the property setback so that would be a variance as well. And moving it back far enough so I can move it over I would run into the power lines over head. Henzi: Okay. Coppola: Mr. Chair. Henzi: Mr. Coppola. Coppola: A quick questions. There’s a square--the back side of the building, what is that structure? Is that a permanent structure, is that a-- Robbins: That’s an eight by ten shed. Coppola: Not the little one, at the back of the actual house there’s a piece that juts out in back-- Robbins: Yes, that is a permanent structure that is the living room. City of Livonia, Zoning Board of Appeals Page 7 of 39 April 28, 2015 Coppola: And it appears that at one point there might have been a garage as part of this that was converted? Robbins: It’s about a half car garage. It’s only about ten feet wide. It wasn’t up to date at all. Coppola: So maybe it’s a one car garage maybe? Robbins: I cannot personally fit my vehicle inside of there. Coppola: Okay. Is a standard garage normally 35 feet deep? Robbins: No, the reason I did the extra depth is because in the winter I need to be able to pack my vehicle and I have a luggage trailer that I attach to it. I need to be able to pack that vehicle inside so I’m not exposed to the cold. Coppola: I just want to make sure and I don’t want to pry but I just want to make sure. Do you generally have to have some type of trailer attached to your vehicle at all times, is that what you are saying? Robbins: Yes, for travelling. Coppola: For travelling or for daily use? Robbins: For traveling but I cannot be exposed to the cold under--pretty any circumstance. Coppola: So it’s not attached on a daily basis but when you travel you need that trailer? Robbins: Yes. So it has to be stored inside so I don’t have to clear it off. The same issues I have with my vehicle and bearing the cold. 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. Mr. Robbins, you’ll have the chance a final word. Hancotte: Hi, I’m Angela Hancotte, 30431 Puritan. I’m on the build side which I think I’m confused now with all of the east and west, I believe I’m on the east side. So the second house off the corner. He plans on building this 25 by 40 right on my side. So between our two houses are 22 feet right now. I have severe water issues on--all the way around the house that I’ve spend the last--I just bought my house six years ago. Pardon me. I spent the last--well the first I should say--2010--2011, it took me at least two years and unexpectedly I bought a bank owned. The grading--my lot is lower than both of the ones on the side of me. I’m more even with the corner lot but had thousands of dollars that I had to spend to grade the whole thing. It took me two years to do it. On his side, he is higher than me. No matter how I build up on my side, I’m still going to have water drainage issues. So any kind of structure that he builds and decreases--what he wants to do is decrease--I think what we have total is 32 feet okay. So I’ve only got ten feet to the property line on my side and he’s got 22 feet. He wants to decrease that 22 foot to 12 feet. He wants to come closer to me by 12 feet. I will be flooded. Right now and I’m going to send pictures around to you. The only way that I can manage that side--I’ve been able to manage the water it’s taken me like I said a good two years and it is going to require City of Livonia, Zoning Board of Appeals Page 8 of 39 April 28, 2015 annual maintenance all the way around my house front and back. But I’ve had all the grading and everything done. But the only way I can manage there because of the elevation difference is to put in two 275 gallon tanks. They are water holding tanks. I’ve got one downspout on that side, I feed it into one. When that gets full it automatically goes into the other one. When it gets full from that what I have to do is get that water away from the foundation of the house and send out on my ten foot section that goes out to the street. So I have this--you probably have heard of them before the four inch drainage pipe things. I hook it up as an excess and bring that out on my side so that-- and makes sure that it goes on my driveway. I try to run the water across my driveway and into the front ditch. There is no other place to put it. When I bought the house, it was bank owned. I started ripping everything up. I knew there was a slight water issue based on the inspection but no disclosures, bank owned. And dear God, wall, structure problems on that side. I took up those indoor outdoor carpets on the front porch and the back porch and the cement was cracked this far away from the house. I had to replace the whole inside--I’m on a slab. Had to replace--I mean they were quoting me outrageous- -I mean $35,000.00 to repair this. Henzi: I’m going to stop you. Just--you haven’t even said if you are for it or against yet. Hancotte: Total object--total. One hundred percent. Thank you. Henzi: Anything else? Hancotte: Do I have anything else to add beside the water issue? Henzi: Anything else to add? Hancotte: Yes. I brought documents, can I pass them out? Henzi: Yeah, but we don’t’ need to take too much time. We believe you. Hancotte: Okay, so I’m-- Henzi: If you want to talk about-- Hancotte: --on disability and this-- Henzi: Okay. Hancotte: --is when I probably go on a little bit. I’m on long term disability and social security disability so that’s part of my disability not being able to organize and communicate properly. So if I am starting to jabber I apologize, it’s part of my disability. I can give you pictures. In my opinion there’s plenty of places to build. And I was really shocked to hear what Derrick just said. I’ve never once seen any kind of medical equipment transported, just the whole situation. The sensitivity to the cold and that for medical reasons. He snowplowed for us all last year so I’m not quite sure--you know I think that would really affect his disease but that’s just what I saw. This--my ability to come here today--this has already cost me $1,200.00. I was in Florida trying to finish a project, had to stop because I wanted to physically be here to understand your process and communicate that I love the neighborhood. This will cause more than a hardship to me and my family room. The visibility is a big aspect to me. My family room is built directly behind and on the side to the garage--behind the garage. The only light access City of Livonia, Zoning Board of Appeals Page 9 of 39 April 28, 2015 to that whole room which is my largest living area is through that door wall which I have pictures of. Very limited light comes in there anyways. So if he builds this huge structure that is now only twelve feet closer my light will be very limited in that room. In addition to that I will not have any view. If you go out and look in my door wall this is my only view the side of his brick house right now which you feel like you can touch it. If he builds twelve feet closer and it’s right there right to the right of my door is going to be a huge structure which now I’m hearing is going to be a different type of roof. Can you imagine the noise you won’t be able to sit in the room from that? It sounds like a metal roof or something. But I will have 100 percent no view from my room except for the side of a building and the back of the new addition. All right, so that is going to affect my property value which does not make me happy because I’ve paid a hundred--just to get in that area on that street with that openness, the bank wanted $96,500.00 for it there was another bid. I bid $10,000.00 over against the advice of my realtors that it wasn’t worth it-- Henzi: Can you move it along. Hancotte: Yes. Henzi: I don’t mean to be rude. You’re the next door neighbor and I’ll indulge and give you more time than other people. Respectfully we are here to talk about why you don’t want this addition and not-- Hancotte: Why I don’t-- Henzi: --and not the problems that you’ve had with your house. Hancotte: --is because of the visibility okay, my market value, the structure is going to be 40 feet out which is going to be about 24 feet in front of my house. It’s going to block my view from my living room too. I can’t see. I bought there because of the view and the openness and the wildlife. The view is definitely all about it too. Henzi: Can you say your name one more time? Hancotte: Angela Hancotte. Henzi: Okay. Hancotte: I will be totally boxed in. If you look and I’ve got these pictures--I’m starting to get nervous so I apologize. Henzi: Don’t be nervous. If you’ve got pictures you can pass them over. Hancotte: It’s part of my disability when I start getting anxious and then--and I apologize but that’s the way it is. This whole package is yours and I know they told me to make nine copies. Marilyn from your office helped me today with the copying and stuff because I thought I was going to be hospitalized actually. Those are just the copies of the objection and the letter I got. And there is only one copy of the pictures and that is what I wanted to give a speech about but it sounds like I don’t have time to do that so. Whatever, you’re not going to understand that probably. If you look down that one--that first picture you see when look down from Henry Ruff to Merriman, this is the section that I wanted to buy in. If you look down there topographically from that picture you can see the street--the City of Livonia, Zoning Board of Appeals Page 10 of 39 April 28, 2015 houses are just--the first three houses--our first three houses are the ones closest to the street but they gently slope and go way back. You’ve got setbacks and I don’t believe the setback figures that he has quoted you. He said lots of setbacks close to the street. We--us three are the closest to the street on that whole section of Puritan. And I’m 50 on the garage part and 58 on my house part. So I question that. He said lots--almost most half of the houses had a setback, no there is only--the only one is the very first one and that house was built in 1951. So that may have been before this ordinance. Henzi: Okay, you’ve made that point, anything else? Hancotte: Okay, I just got to make sure you have the paperwork because--did I give pictures? Oh man I think I see--I get nervous--I think I gave you the wrong pictures. I don’t even know what I gave you. Well these are pictures right here. He can go build that structure perfectly it appears to me on the back of his house away and on the other part it should fit back there too. If he puts it right on the back of his house there is a perfect spot, he’s already got it blocked in. It looks like he is prepping for work. He’s already blocked his door wall in and blocked a wall--a window in. So it appears that he can fit that 15 by 35 structure with the utility and storage right there. It fits perfectly right behind that I can’t see that it would interfere with the power lines. He can put the garage- -no asphalt would be removed, no gas lines be removed, he can go right out to existing driveway. That’s the most logical place is right behind his house where he has already prepped for some kind of a build. And I’ve got pictures to prove that. Henzi: Anything else? Hancotte: I’ve got receipts showing I’ve paid close--you know-- Henzi: I’m going to have to cut it off, it’s been ten minutes. Hancotte: All right. Henzi: Thank you. Hancotte: You’ve got the paperwork so hopefully-- Henzi: Anybody else want to speak for or against the project? If so, come on up. Hearing none, can you read the letters? Caramagno: Letters of objections from Denise and James Smart, 30145 Puritan (letter read), Walter Salczynski, 30450 Puritan (letter read), Jason and Carla Eggert 30510 Wentworth (letter read), Therese Richard, 30425 Greenland (letter read), Karen Baugher, 30450 Wentworth (letter read), Sandra Benavides, 30414 Wentworth (letter read), Karen Bonamici, 30500 Greenland (letter read), Kamie Mai, 30542 Puritan (letter read), Rosalie Stemrose, 30410 Puritan (letter read), William McPherson, 30266 Puritan (letter read). Henzi: Mr. Robbins, is there anything you would like to say in closing? Robbins: Just in reference to all the letters. I’ve seen--as you can tell those are all written by someone who lives directly next to me. The letter from Mr. Scott for example has the same set back that I requested who lives two doors down from me. I was in a heated plow truck all winter when I plowed. My hands never touched the cold and that was why I was able to do that. I was trying to be a good neighbor to Ms. Hancotte. There will not City of Livonia, Zoning Board of Appeals Page 11 of 39 April 28, 2015 be any more water than what currently exists although I plan on running drainage from my gutter out to the ditch anyway in the front of my house just to get rid of the water so I don’t have to deal with it as well as anybody else on my street. With all that being said I feel that the setback isn’t that out of precedent considering all the other homes on the street that are encroaching on the front side setback. Henzi: Thank you very much. I’ll close the public portion of the case and begin the Board’s comments with Mr. Coppola. Coppola: Mr. Robbins I am sympathetic to the issues you have to deal with your health. The preponderance of objections and then basically in kind of accordance with the zoning it seems to me that I’m struggling with approving something like this. I think if you were to revise it and minimize the encroachment in some shape or manner it might be more acceptable not only to your neighbors but to myself and potentially the Board. But as it is outlined here, I would have difficulty supporting this request. Henzi: Mr. Caramagno. Caramagno: Well I think there’s--I think you made a good reason why you need a garage, I think everyone should have a garage. You’ve got some medical issues that may even enhance that. The issue I have or a couple issues I’ve got are that you took an absolute beating here from the neighborhood. They just don’t want it where it is. And when I was looking at the plan when I initially came by your place I looked at it and I was confused. I’ve come to understand a little more today and yesterday. But I think there is a better plan. I think there is a better plan than which you presented here tonight for you to get what you need. I know you didn’t want to spend the money on the architect to get to the- -to explain this to us but sometimes you have to explain something better than just a little sketch on paper here. But a mixed bag of roof and things like that that doesn’t fly with me tonight. So I can’t be in support as presented. Henzi: Mr. Pastor. Pastor: I would agree. I cannot support this as presented. The neighborhood is vehemently against it. We rarely have twelve letters saying “no, I don’t want it.” I didn’t hear one for it. So there is no--I cannot--I know there is a better plan. I really feel that you can do other things. I do believe if you spent a little money with an architect or engineer they can help you with that. So I will not be in support of this. Henzi: Mr. Bowling. Bowling: I think I echo those comments. I sympathize as Greg says, I sympathize with your condition and the situation and what you need to do. We love having young neighbors moving in wanting to improve their house and improve the neighborhood, but with the lack of support and how it appears to affect your immediate neighbors I can’t be in support of this. Henzi: I too wouldn’t support it as presented. This is a 1200 square foot structure. It is a significant size and every house should have a garage there is no doubt about it. But the utility room, storage room, I don’t think there was significant basis for granting that. This has in my mind nothing to do with the Fair Housing Act. If we approved it it is going City of Livonia, Zoning Board of Appeals Page 12 of 39 April 28, 2015 to turn the neighborhood upside down. I agree with Mr. Caramagno, there is a better plan. So I will leave it at that. So the floor is open for a denial or tabling resolution. Pastor: Mr. Chair. Henzi: Mr. Pastor. Upon Motion by Pastor supported by Bowling, it was: RESOLVED: APPEAL CASE NO. 2015-04-12: An appeal has been made to the Zoning Board of Appeals by Derek Robbins, 30451 Puritan, Livonia, MI 48154, seeking to construct an addition, to include attached garage, resulting in deficient front yard setback. Front Yard Setback: Required: 50 ft. Proposed 30 ft. Deficient: 20 ft. The property is located on the south side of Puritan (30451), between Merriman and Henry Ruff, Lot. No. 055-01-0083-000, RUF Zoning District. Rejected by the Inspection Department under be tabled to allow the petitioner an Zoning Ordinance 543, Section 5.05, “Front Yard,” opportunity to consider the Board’s comments, meet with the neighbors and provide a revised plan including more information on the building materials. ROLL CALL VOTE: AYES: Pastor, Bowling, Coppola, Caramagno, Henzi NAYS: None ABSENT: Sills, Schepis Henzi: This was tabled. So when you ask to be rescheduled you don’t pay another fee. th The next available meeting is June 9. But you would have to turn in your materials by th May 15. What I tell every petitioner in a tabled case is to take everything that you heard tonight and consider it when representing the packet. You don’t have to make any changes or you can make lots of changes. But take what you heard into consideration and I will add this, it would really be helpful if you had better plans and more information about the building materials. Thank you. City of Livonia, Zoning Board of Appeals Page 13 of 39 April 28, 2015 APPEAL CASE NO. 2015-04-13: An appeal has been made to the Zoning Board of Appeals by Shelby Moffett, 15701 Doris, Livonia, MI 48154, seeking erect an accessory building upon a double frontage lot, resulting in deficient rear yard setback. The existing accessory building has no permit, however, will be removed if a variance is granted. Rear Yard Setback: Required: 25 ft. Proposed 6 ft. Deficient: 19 ft. The property is located on the west side of Doris (15701), between Puritan and Five Mile, Lot. No. 056-02-0018-000, R-1 Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 18.26, “Yards; Double Frontage Lots” and 4.05, Schedule of Minimum Front and Rear Yard Requirements in R-1 through R-5 Districts.” Henzi: Mr. Kearfott, anything to add to this case? Kearfott: I would just like to say that he has already removed the shed or the accessory building that was existing. Henzi: Thank you. Any questions? Hearing none. Good evening. Moffett: Hi. Henzi: Can you tell us your name and address? Moffett: Yes, sir. My name is Shelby Moffett, its 15701 Doris Street. The other frontage is Henry Ruff in question. I have a brief--I guess I’ll just pass around things as I address them. I have a brief mockup a very quick mockup of the backyard not to scale. Anyway what I--we as Mr. Henzi said-- Recorder: Can you speak up just a little? Moffett: I’m sorry, maybe I’ll just get a little closer, I’m soft spoken. As Mr. Henzi said everyone should have a garage, we do not have a garage. We have a carport and I would like to have a slightly larger shed than what was existing there that was rotten, run down and falling apart as a 8 by 8 shed. I actually would like to have an 8 by 16--8 foot by 16 foot shed to accommodate my four children’s bicycles and other street activity items and also my yard equipment and whatnot as well. I have quite a few pictures on Henry Ruff, the location of other neighbor’s shed that are in the exact same location. I’m going to pass those around there are five or six in fact where they have their sheds--a couple of them are pretty new looking. The same distance as the one I proposed to build and the same place that my other shed was just taken down from. Those are those pictures. I City of Livonia, Zoning Board of Appeals Page 14 of 39 April 28, 2015 have two pictures--I failed to take a picture of the rotten shed before I took it--before I had taken it down because I don’t know if it had termites or anything but it was all rotten. I did have Google maps screen capture of where the shed was before we bought the house. And then I also have this picture of the shed that is going to go in its place, quite a nice shed that won’t be an eyesore or whatnot. I’m not sure what else to let you know just beside there are two places that the--in the yard because of the quite large hardwood trees that are existing there. There are only two locations where such a shed would fit and that’s the one where it used to be and then one on the side of the house--the side of the yard to the right if you are facing from Henry Ruff which would be very close to the house with the sixteen foot and also set back from the 25 foot as well would put the shed within eight to ten feet from the house. And that would be a fire hazard in my opinion and also aesthetically--not very aesthetically pleasing. I’m not sure what else I could say, otherwise I would be putting it in the middle of the yard. But then like I say there’s a large tree in the middle of the yard. Mr. Scott Kearfott he should have--I believe he took a couple of pictures, I’m not sure I you guys have those in front of you of the old slab and the side of the yard where it could potentially. I didn’t--I failed to bring that because I figured it was in your guys’ files. And also a mockup of the backyard. That’s all. Any questions? Henzi: There was a picture of a shed with the flower window boxes? Moffett: Yeah. Henzi: That’s the one you want to build? Moffett: That’s the one that is going to in its place, yeah. I have a person that is a shed builder that is going to install it. It’s already prefabricated I guess you could say. Henzi: Any questions for the petitioner? Moffett: Of course I have to have the rat wall and whatnot so. Bowling: Mr. Chair. Henzi: Mr. Bowling. Bowling: So essentially you want to put the new shed in the same location-- Moffett: Yes, sir. Bowling: --utilizing a least half of the pad and then extending it? Moffett: At least have the pad and have a little bit more room for all my things. Bowling: And it is going to be about double the size of the old shed? You’re going to add another eight feet to that is that correct? Moffett: Correct. The eight foot wouldn’t accommodate all the things I want to put in there-- Pastor: Mr. Chair. Moffett: --since I have no garage. Henzi: Mr. Pastor. City of Livonia, Zoning Board of Appeals Page 15 of 39 April 28, 2015 Pastor: Scott, does he have to put a footing or anything under this shed? Kearfott: Yes, a rat wall, two foot rat wall. Pastor: So he won’t be able to use that if that’s just a pad he won’t be able to use that? Kearfott: He can put the footing along the outside of the slab. Moffett: Yeah, somebody had mentioned that. Pastor: Okay, thank you. Henzi: Any other questions? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: Sir, how long have you lived here? Moffett: Six months, we are just updating everything now. Caramagno: You are getting everything done now? Moffett: What’s that? Caramagno: I’m sorry I didn’t hear what you said? Moffett: I said we’re just update--starting to update the outside. Caramagno: Did you ever consider putting a regular full size garage on this property instead of a shed? Moffett: I don’t know if--well they have the very large hardwood trees right there where the garage could go and I can’t afford that. So I’m just trying to utilize what we can afford. It’s such a small lot anyways, it’s pretty small and the garage would take up the whole room for the kids to play. Henzi: Anything else? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Do you plan on putting power in this shed? Moffett: There is an existing power line out there so I wouldn’t mind having a light to flick on for-- Pastor: That’s fine, thank you. Henzi: Any other questions? Is there anyone in the audience that wants to speak for or against the project? If so, come on up to the podium. McCarroll: His my name is Jeff McCarroll and I live across the street from Shelby. I’ve lived there for about twelve years and I’m here to speak in favor of his proposal. Henzi: What’s your address? McCarroll: I’m sorry. I am at a15696 Doris. Sorry about that. City of Livonia, Zoning Board of Appeals Page 16 of 39 April 28, 2015 Henzi: Thank you, sir. McCarroll: So the--if you look at the street, the way the house on his side of the street are arranged, none of them have houses directly behind him. So basically these houses back up to the street of Henry Ruff right behind him. So it’s not like this is going to be in anyone’s face in anyway. And further more on either side of his lot there are already full size garages--excuse me--garage within the same setback area. So if anything his shed will look rather small compared to what is already there. And I’ve been there for about twelve years and I barely noticed the shed that was back there to begin with. I don’t think this is going to be a very noticeable or problematic change as far as I can see. I don’t know--what else did I have here. I think that is basically it. That whole side of the street is basically dotted with shed and garages in that same amount of space and I don’t think it is a very controversial change if anything it will probably make things look better because the old shed was kind of worn out. Thanks. Henzi: Thank you. Anybody else? I see no one coming forward. Are there letters on this case? Caramagno: No letters. Henzi: Mr. Moffett anything you want to say in closing? Moffett: No. Henzi: Okay. I’ll close the public portion of the case and begin the Board’s comments with Mr. Caramagno. Caramagno: Well, I’ll be in support. I think you are taking down something that is outdated and run down and you don’t have a garage. You don’t have any outdoor storage other than the carport that is there. So I think you need this and it looks like a fine building. Henzi: Mr. Pastor. Pastor: I’ll also be in support. Unlike the other case this is not oversized, it is not intrusive. Actually if you listen to Mr. Caramagno’s comments, he was kind of egging you on to build a real garage. But I will be in support. Henzi: Mr. Bowling. Bowling: I too agree. When I stopped by yesterday and I met with you, honestly you have a need to get those bikes and all the toys put somewhere. Your neighbors will be happy about that for sure. I am in full support. Henzi: Mr. Coppola. Coppola: Well I drove by it and before I drove by it I went on Google maps and did the street and there is a significant improvement just to the curb appeal of the house. I can tell you’ve been working on that and as resident of Livonia I appreciate you for improving the neighborhood. I have no objections and I am in support of this. If there was another house behind you and there was other issues I could see that it backs up to a street, I don’t see any issues and I’m in support. City of Livonia, Zoning Board of Appeals Page 17 of 39 April 28, 2015 Henzi: I too will support. I mean there is a significant setback because of the double frontage and type of zoning. But this street is littered with homes that have their sheds in the spot where I think everyone would want to put it at the rear of the property line. So I think it is a good idea. So the floor is open for a motion. Bowling: Mr. Chair. Henzi: Mr. Bowling. Upon Motion by Bowling supported by Pastor, it was: RESOLVED: APPEAL CASE NO. 2015-04-13: An appeal has been made to the Zoning Board of Appeals by Shelby Moffett, 15701 Doris, Livonia, MI 48154, seeking erect an accessory building upon a double frontage lot, resulting in deficient rear yard setback. The existing accessory building has no permit, however, will be removed if a variance is granted. Rear Yard Setback: Required: 25 ft. Proposed 6 ft. Deficient: 19 ft. The property is located on the west side of Doris (15701), between Puritan and Five Mile, Lot. No. 056-02-0018-000, R-1 Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 18.26, “Yards; Double Frontage Lots” and 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 of the unique shape, size and layout of the lot. 2. Denial of the variance would have severe consequences for the Petitioner because the petitioner would not be able to store his four children’s bicycles and his lawn equipment. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because the neighbors are in support of the petition and the need for a shed. City of Livonia, Zoning Board of Appeals Page 18 of 39 April 28, 2015 4. The Board received no letters of approval or 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 garage be constructed as presented to the Board. ROLL CALL VOTE: AYES: Bowling, Pastor, Coppola, Caramagno, Henzi NAYS: None ABSENT: Sills, Schepis Henzi: The variance was approved. Good luck to you. Moffett: Thank you. City of Livonia, Zoning Board of Appeals Page 19 of 39 April 28, 2015 APPEAL CASE NO. 2015-04-14: An appeal has been made to the Zoning Board of Appeals by Ellen Simonds, 18643 Comstock, Livonia, MI 48152, seeking to erect a six (6) foot tall iron picket fence on residential property, which is not allowed. Non-sight obscuring fences can only be four (4) feet tall. This fence also contains pointed tops, which is considered a sharp projection and not allowed. The property is located on the west side of Comstock (18643), between Dardanella and Renwick, Lot. No. 030-01-0326-000, R-4B Zoning District. Rejected by the Inspection Department under City of Livonia Fence Ordinance, Section 15.44.090A,1, “Residential District Regulations”, and Section 15.44.070B, “Prohibited Fences.” Henzi: Mr. Kearfott, anything to add to this case? Kearfott: Not at this time, Mr. Chair. Henzi: Any questions for the Inspection Department? Coppola: Mr. Chair. Henzi: Mr. Coppola. Coppola: Just for some clarity. If this was a non-sight obscuring fence, a six foot fence in the back of the lot is allowed for this particular house? In other words if they were to put a stockade fence up would that be allowed? Kearfott: Yes. Coppola: Okay, thank you. Henzi: Anything else? Bowling: Mr. Chair. Henzi: Mr. Bowling. Bowling: Scott, do you know where there are any other six foot iron or aluminum fences like this in the city that you are aware of? Have you seen any on your drives? Kearfott: Not right off hand, no. I know they put one in a commercial property over at McKesson was it? Henzi: Yeah. Kearfott: We did approve that, but I think that was an eight foot wasn’t it? Henzi: Yes. Kearfott: More for security. Henzi: I don’t know that it had the pointed edges either. Kearfott: I think when they show you the points on this it’s not what you think it is. Henzi: Okay. Any other questions? Good evening. City of Livonia, Zoning Board of Appeals Page 20 of 39 April 28, 2015 Ellen Simonds: Hi. Ellen Simonds, 18643 Comstock. What we are asking for here is a fence only on our west lot line which is in our backyard. The north and south sides of our backyard are already fenced by our neighbor’s fences which are four foot fences by the way, chain link and wooden. We are asking for the fence for two reasons. And first of all I want to point out it’s aluminum, it’s not iron and it is 90 feet in a straight line. So it’s not by the sidewalk or anything like that. The neighbors on the other side of us who have Renwick addresses they don’t mind at all. The two reasons are one aesthetic. Our back yard is frankly quite beautiful. My husband is a gardener. He’s spends hundreds and hundreds maybe thousands of hours every year on these gardens. We have mostly flower beds not that much grass. We have been on the Greenmead Garden Walk. All of our neighbors told us how much they enjoy looking at our yard. I have always felt that since our yard is so different than everyone else’s we--it kind of needs a boundary on all sides--on three sides in the backyard anyway. The second reason is that last year we started to get deer coming from the rear and they come in and they decimate our plantings. And like I said my husband has not only spent a lot of time out there, a lot of money too because he likes to have a collection. It is gorgeous. And the deer come in and they just decimate everything. So that is why we are asking for the six foot fence. We do not want a privacy fence even though I understand we could have that without a variance because that would throw shade onto the sun loving plants. Also we feel that this fence is more attractive than any privacy fence or chain link fence that we’ve seen in Livonia. Now I have seen six foot aluminum or wrought iron look fences on residential property in Livonia on Seven Mile. I walk a lot and I know of at least one. As far as the sharp point projections, this is what we’re--this is what we’re--we would put on the top. This is a finial, it’s not--it’s a projection but it is not sharp. If that’s a problem, we’ll get the kind with the bar that goes across the top. We just think this is more attractive and we think this fence is more attractive than any other fence we could put up there. It’s not going to block anybody’s view of our yard and I think it is going to look nice. And according to the study that I included in my paperwork from the University of California, deer will not jump a six foot fence unless they are threatened. And we don’t they will be threatened in our neighborhood. So that’s why we thought a six foot fence would be best for our purposes. Henzi: I think the only question I had was could you just explain the photographs that are in your packet? There’s one--the top is an aerial view? Simonds: Yeah. Henzi: What’s depicted? Simonds: Well that’s our house and the house on--to the north of us and the house to the south of us. And I think the backyards to the west of us. Henzi: Okay. Simonds: So our house is the only one that has a full--it’s a complete lot-- Henzi: I’m sorry, the only house that has a what? City of Livonia, Zoning Board of Appeals Page 21 of 39 April 28, 2015 Simonds: In the picture, our house is the only one that has a full picture of the entire lot. And it kind of shows to me the difference between our backyard and everyone else’s backyard. It is significantly different. Henzi: And then the bottom, that’s meant to depict the type of fence that you want to erect? Simonds: Yes--yes. And from a distance it does look like the finial is sharp but it isn’t. Henzi: Okay. Simonds: You can buy the spear pointed ones. Those are actually cheaper than what we want to put in. We don’t want a sharp point on there. Henzi: And what color? Simonds: Black. Henzi: Okay. Any questions for the petitioner? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: What is going to prevent the deer from going around your neighbor’s yard and jumping over their fence? Charles Simonds: Nothing. This is not going to be a total deterrent. But anything you can do to induce them to perhaps go in a different direction that’s what we want to do. But there’s-- Ellen Simonds: But they would have to jump multiple fences. Charles Simonds: Yes. Henzi: Can you say your name for the--so we have a record? Charles Simonds: Oh, I’m sorry, I’m Charles Philip Simonds, 18643 Comstock. I’m Ellen’s husband. Ellen Simonds: He’s the gardener. Charles Simonds: I’m the gardener. Clearly it is not one hundred percent intended--we don’t think it will be one hundred percent that deer won’t come into the yard but it will be a deterrent that would induce them to perhaps think to go other--elsewhere. Pastor: Okay. I did go by your house-- Charles Simonds: And in fact we are not fencing the front yard. Most of the damage has been in the back yard we’re not putting any fencing in the front so they could potentially come from the front and walk into the back as well. But the damage last year started in the back and came forward so I think most of the deer are coming from the back and we just wanted to put a barrier there to try and keep them from coming in through the back. Pastor: It’s not deer, it’s your neighbors, they are jealous. Thank you. City of Livonia, Zoning Board of Appeals Page 22 of 39 April 28, 2015 Henzi: Any other questions? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: Have you talked to all your neighbors in the general area regarding what you want to do here? Ellen Simonds: Yes. Charles Simonds: Well-- Ellen Simonds: Well not all of them. Charles Simonds: --I wouldn’t say all of them. Ellen Simonds: All the ones who border our property and one of the ones across the street who won’t even see this because--on the east. Caramagno: Okay, the type of fence you want will--is there potential that a plant is going to grow--an ivy or some sort of vine will grow on this fence and create a different look, three--four--five years from now? Charles Simonds: It’s possible that an ivy would grow on it, but an ivy can grow on any fence. I mean there are fences on the side of our house now but there is no ivy on it and it’s been there for-- Ellen Simonds: Maybe he is asking you if you have any intention of planting anything there or if there is anything there now that would grow. Charles Simonds: I don’t want to block the sun. Caramagno: Is there anything that would change the look of this fence? Charles Simonds: I don’t want to block the sun that is why we don’t want a privacy fence. We want that to be open so the existing plantings will get sun light all day long. If there was an ivy there it would not be from me, no. Caramagno: Okay. How often do you see deer in the yard? How often are you seeing them? Charles Simonds: How often? Caramagno: Yes. Charles Simonds: I’m out in the yard every day just about. I was in the yard the day-- Ellen Simonds: Well they usually come at night. Charles Simonds: Oh, did you say how often was I in there? Caramagno: How often do the deer--how often do you see the deer in the yard? Charles Simonds: I don’t see the deer, they come at night. All four of our neighbors--all four of the neighbors have seen deer. One of them saw a deer walk through our yard. One of them has filmed deer last November they filmed deer behind there. City of Livonia, Zoning Board of Appeals Page 23 of 39 April 28, 2015 Ellen Simonds: All of our neighbors have seen-- Charles Simonds: All of our neighbors have the deer. Ellen Simonds: --the deer. Charles Simonds: We haven’t actually seen the deer. Ellen Simonds: We don’t stay up that late. Charles Simonds: We are not up in the middle of the night. Ellen Simonds: We get up early in the morning. Caramagno: Wow that is hard to believe. Where do they come from? Ellen Simonds: Not sure. Caramagno: They have a little journey to get there. Charles Simonds: Well a half mile away there is--half mile away is there is the woods-- Ellen Simonds: There are little forested areas. Charles Simonds: --behind-- Caramagno: In front of the school there. Ellen Simonds: I have seen them cross Seven Mile. I ride my bike a lot on Seven Mile Road and I’ve seen deer cross Seven Mile from Bicentennial Park and cross Seven Mile into the subdivision across the street on the south side. In the middle of the day. Charles Simonds: The neighbors to the south saw a buck walk through our yard. The neighbors to the north saw a group-- Ellen Simonds: Four. Charles Simonds: --of about four they actually took pictures of them. We don’t have them but they were walking behind our lot. Caramagno: What do they like? Do they eat everything or do they just like certain things like bunnies? Charles Simonds: Well in my yard they eat phlox and tulips and some hostas. But they particularly like tulips and they like phlox. But they also eat roses. There are a number of plants that they eat. They’ve eaten roses as well. Caramagno: Okay, thank you. Henzi: Any other questions? Okay, you can have a seat. Is there anyone who wants to speak for or against the project? If so, come on up. Gardner: Hi, my name is Robert Gardner. I live at 18641 Renwick on street west of this house. Henzi: Can you say the address--the street number one more time? City of Livonia, Zoning Board of Appeals Page 24 of 39 April 28, 2015 Gardner: 18641 it’s just two numbers difference. And I’ve lived there for 42 years. I built the house there and a lot of people have come and gone. And there hasn’t been too many fences around and I really object to a six foot fence. Our neighborhood is fairly well open, just a few people have four foot fences. And it’s just pleasant to walk around. Everybody keeps up their neighborhood. And these people keep up their property very well. The problem is when I walk out from front door two house on either side and their lot is right directly in front when I walk out the door. And I really don’t want to see a six foot fence. We don’t have any in the neighborhood. As far as the deer are concerned the deer, there are a few deer around yeah, they eat my flowers too but there’s a spray that you can get from Lowes or Home Depot and it will keep the deer away. I know I have irises that they like and if I don’t get out there in time they bud off-- they take off the tips. And they eat some of the roses and that. But you know it’s part of--wild life is part of the neighborhood. We’ve got rabbit and squirrels. Squirrels take out the bulbs out of our yard--tulip bulbs out of our yard and plant them in the neighbor’s yard. It’s just--you know--the way it is and it is nice to see the wildlife in the yards. I object to a six foot fence. You know we have none others in the neighborhood and I just don’t like to see it. And they’ve got four foot fences on either side and if the deer want to get in there they are going to get in there over those four foot fences. And I’ve seen deer jump six foot fence. I’m a hunter and I seen them jump six foot fences. And if they put those little projectiles on there one of them is going to get impaled if they don’t go around so. I’d rather not see it. Henzi: Thank you. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Did you realize that this is not a stockade style fence that you can see right through it? Gardner: Yeah, I understand that. But you know why--why--why do you--I just don’t like walking out of my yard--or my front door and seeing a six foot fence. Pastor: So would you rather see a privacy fence? Because they can do that without talking to us. Gardner: I know they can. I know they can. Pastor: So they can go to the City tomorrow and get a permit to put a privacy fence up. Gardner: I would prefer that they stay within the subdivision codes, whatever it is. Pastor: Well this is--so you would rather have a privacy fence there where you can’t see their yard any longer because that’s your choices? Gardner: Well I don’t understand why you need a six foot fence at the back and you only have four foot fences on the side. It just doesn’t make sense to me. Pastor: I will agree with that but that is not our choice. They are asking for a six foot fence. City of Livonia, Zoning Board of Appeals Page 25 of 39 April 28, 2015 Gardner: Well. Pastor: They can put up a privacy fence. Gardner: I understand that. Pastor: Which would you rather see? Me, I rather see through the fence, they have a beautiful yard. Gardner: I know they do. Pastor: I would want to not see through their fence but that is me. What would you rather see? Gardner: Well, I guess I am sticking to my guns. I don’t want to see a six foot fence. Pastor: So if we deny them this evening they can go to the City and get a permit for a six foot privacy fence. Gardner: Yeah. Pastor: And you would rather see that? Gardner: Well. Pastor: Because that is what they may do. Gardner: I know, but I don’t think they will. I think they will-- Pastor: Thank you. Gardner: Okay. Henzi: Does anybody else want to speak for or against the project? Seeing no one coming forward, can you read the letters? Caramagno: We have letters of approval from Stephanie Serrico at 18684 Comstock (letter read), and letters of objection from John Tomei 18525 Levan, (letter read), Louis and Theresa Cormier, 18501 Levan (letter read), John Gordon, 18525 Comstock (letter read), Elaine Petouhoff, at 18528 Renwick (letter read), and Dr. Franz Geisz, 18557 Comstock (letter read). Henzi: Mr. and Mrs. Simonds, anything you want to say in closing? Ellen Simonds: Yeah, I just wanted to point out the gentleman who objected lives across the street from the people who border our lot. He’s quite a distance away. He’s not going to walk out his front door and see this fence. He’s going to see the people who live behind us and then we are behind them. Anyway, also the people who are objecting who live on Levan they won’t even see this fence and I wonder if people have misunderstood because of the way this was described in the letter. If they think we are putting a fence out by the sidewalk or anywhere different than it really is which is on the west lot line in our backyard. So, I’m frankly quite surprised to hear these objections. That’s all. Henzi: I had a couple more questions. I get the feeling from hearing the objections and knowing that neighborhood that I know there are a lot of people that are anti-fence in City of Livonia, Zoning Board of Appeals Page 26 of 39 April 28, 2015 general because it is open. The question is is there a homeowner’s association that prohibits fences of a certain height. Ellen Simonds: Not that I am aware of. Henzi: And you didn’t have to get approval from any homeowner’s association did you? Ellen Simonds: No. Charles Simonds: We are not a member of any homeowner’s association. Ellen Simonds: There isn’t one in our neighborhood. Henzi: Got it. I mean I’ve seen plenty of four foot chain link fences I don’t know if there is. Ellen Simonds: Right, they are on both sides of us. Henzi: Okay. So one of the speakers ironically named Mr. Gardner in this case said what about other means of handling the deer problem. What do you say in response? Charles Simonds: I will do other things. Actually I’ve investigated Ortho has a new product out and all the ratings are fives or ones. Sometimes it works and sometimes it doesn’t. Apparently it is very--you have to get up on--you have to know when the deer are going to be there for it to work. If you put it on and it rains before the deer come it is ineffective. I also put out Irish Spring that was--Irish Spring soap it’s seems to have some effect, it seems to make them--I do other things besides wanting to put up a fence but it’s like everything you do is just another step to try to keep the deer from eating the foliage. Henzi: Okay. Thank you. I’ll close the public portion of the case and begin the Board’s comments with Mr. Pastor. Pastor: I wish you had some more support. I would approve this in a heartbeat. I think you are right, I think your neighbors are misunderstanding what is going on here. I would support this but I don’t think you are going to get the support from the Board. I might be wrong. I will say if you need more things to do I’ve got a yard that is a disaster. You can come over to my house anytime. But I will be in support of this. Henzi: Mr. Bowling. Bowling: Well, I am challenged a little bit too with some of the objections but I do see that that those are folks that seem to be a long ways away from your property that don’t seem to have any direct relationship to any kind of effect on their property I guess. Your immediate neighbors are in support of it. You’ve got four foot fences and we are looking at just one fence at the back of the property. I think it would look great and it helps you with your problem I don’t have a problem with it at all and I’ll be in support. Henzi: Mr. Coppola. Coppola: I would be in support of it. I understand some of the neighbors’ objections and they like it to be open. There are a lot of fences in that neighborhood. I think you’ve actually done neighbors a favor by--instead of putting an unsightly stockade City of Livonia, Zoning Board of Appeals Page 27 of 39 April 28, 2015 fence and closing off your neighbors, putting something that I would find relatively attractive and leaving it relatively open. So in the case of this I think this is an appropriate request for an appeal on the zoning and I will be in support of it. Henzi: Mr. Caramagno. Caramagno: I think this fence would look nice back there. It’s more--I guess it’s got a combination type fence, it’s decorative yet hopefully satisfies some of your needs. The problem I’ve got is I don’t see where it is going to keep the deer out. They are going to come in from the neighboring yards, from the front yard. You’ve got something in there they want. They are going to get in there and I don’t think this fence stops them. You’ve got neighbors--you’ve got five letters against and those over on Levan Road they may not understand this completely. If you don’t have support I would listen to a tabling motion to allow you to reach out to these people and explain exactly what you want so there is not confusion. Some of the people may have heard your case tonight and said you know what, now I understand. But as of tonight, as of right now, these letters don’t indicate that so I would be in favor of a tabling motion but that is the best I can do tonight. Henzi: I think I would approve. I’ve been convinced that a fence is necessary for two reasons. Number one the neighbors to the west approved this and I think this is a fair compromise in lieu of a privacy fence. And quite frankly I’ve approved many privacy fences on corner lots and house that are main thoroughfares within the City of Livonia on the basis that it meant to detract people from cutting through the yard. Or it is made to detract all the garbage that comes from Laurel Park Mall across Newburgh into my yard. I think that they made a compelling case that they’ve got a real hardship. That this will be a deterrent. So for those two reasons I would approve. The floor is open for a motion. Coppola: Mr. Chair. Henzi: Mr. Coppola. Upon Motion by Coppola supported by Pastor, it was: RESOLVED: APPEAL CASE NO. 2015-04-14: An appeal has been made to the Zoning Board of Appeals by Ellen Simonds, 18643 Comstock, Livonia, MI 48152, seeking to erect a six (6) foot tall iron picket fence on residential property, which is not allowed. Non-sight obscuring fences can only be four (4) feet tall. This fence also contains pointed tops, which is considered a sharp projection and not allowed. The property is located on the west side of Comstock (18643), between Dardanella and Renwick, Lot. No. 030-01-0326-000, R-4B Zoning District. Rejected by the Inspection Department under City of Livonia Fence Ordinance, Section 15.44.090A,1, “Residential City of Livonia, Zoning Board of Appeals Page 28 of 39 April 28, 2015 be granted for the District Regulations”, and Section 15.44.070B, “Prohibited Fences,” following reasons and findings of fact: 1. The uniqueness requirement is met because of the need to address the damage to garden by wildlife and is better alternative than what is allowed by ordinance. 2. Denial of the variance would have severe consequences for the Petitioner because would be unable to protect his property from the damage caused by wildlife. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because the proposed fence is much more attractive compared to what would be allowed by ordinance. 4. The Board received two letters of approval and five objection letters from neighboring property owners. 5. The property is classified as “low density residential” in the Master Plan and the proposed variance is not inconsistent with that classification. FURTHER, This variance is granted with the following conditions: 1. That the fence be constructed as presented to the Board. 2. And the finials on the fence be rounded. ROLL CALL VOTE: AYES: Coppola, Pastor, Bowling, Henzi NAYS: Caramagno ABSENT: Sills, Schepis Henzi: Mr. and Mrs. Simonds your variance is approved with those two conditions. You’ve got to build it as presented that is both as to type and location. And then you have to use the rounded finials like you brought tonight. Good luck to you. City of Livonia, Zoning Board of Appeals Page 29 of 39 April 28, 2015 Henzi: Is the Petitioner here on the two cases on Hugh? Fitzgerald: Yes. Henzi: Okay. APPEAL CASE NO. 2015-04-15: An appeal has been made to the Zoning Board of Appeals by Mark Miller, 45920 Ashford Circle, Novi, MI 48374, seeking to construct a single family dwelling upon property, resulting in deficient lot width and lot area. Lot Width: Lot Area: Required: 60 ft. Required: 7200 sq. ft. Proposed/Existing 40 ft. Proposed/Existing: 5400 sq. ft. Deficient: 20 ft. Deficient: 1800 sq. ft. The property is located on the east side of Hugh (9082), between Dover and Grandon, Lot. No. 140-01-0149-000, R-1 Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 4.04, “Schedule of Minimum Lot Sizes in R-1 through R-5 Districts.” APPEAL CASE NO. 2015-04-16: An appeal has been made to the Zoning Board of Appeals by Mark Miller, 45920 Ashford Circle, Novi, MI 48374, seeking to construct a single family dwelling upon property, resulting in deficient lot width and lot area. Lot Width: Lot Area: Required: 60 ft. Required: 7200 sq. ft. Proposed/Existing 40 ft. Proposed/Existing: 5400 sq. ft. Deficient: 20 ft. Deficient: 1800 sq. ft. The property is located on the east side of Hugh (9092), between Dover and Grandon, Lot. No. 140-01-0150-000, R-1 Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 4.04, “Schedule of Minimum Lot Sizes in R-1 through R-5 Districts.” Henzi: Mr. Fisher, is it possible to handle both of these cases at the same time? Fisher: You should probably do separate resolutions but you can certainly hear them at the same time. Henzi: Okay. Anything else we need to do then other than-- Fisher: I don’t think so. Henzi: Okay, just one motion for each but we can-- Fisher: Right. Henzi: Mr. Kearfott, anything to add to either of these cases? Kearfott: Not at this time. City of Livonia, Zoning Board of Appeals Page 30 of 39 April 28, 2015 Henzi: Any questions for the Inspection Department? Hearing none, good evening. Can you tell us your name and address? Fitzgerald: Dan Fitzgerald, 19235 Smock, Northville, Michigan. Henzi: Mr. Fitzgerald, tell us about the proposed houses? Fitzgerald: Well we are looking to put two houses on 9082 and 9092 Hugh. I think they were originally plotted for 40 foot lots. Across the street most of the houses are 40 foot lots. And the house we are proposing we’ve built several times in the City of Livonia on 40 foot lots and it’s been a good house. And I think it’s going to look good in the area and it’s plenty of room it is why we went with this house again. You have a front garage not a setback garage, you have a 25 foot wide house it gives you plenty on the right and left. I think I took a couple of pictures of some houses we built before in Livonia in 40 foot areas. We’re experienced in building houses on 40 foot areas. And we don’t think it will much of a problem to any neighbors or anything and I think it will definitely enhance the area. Henzi: Do you know the origin of the lots that is where they split or otherwise? Fitzgerald: Well that is interesting because even the Building Department--we had some problems with this we thought we were ready to build, they even thought. But come to find out it did have to go to variance because they’re two addresses. I think they’ve been two addresses since 1924 if I did my research correctly. But here we are and try to see if we can-- Henzi: Well tell me how did you accumulate the lots? Who did you buy them from? Fitzgerald: Oh, Mark Miller. Henzi: And he owned the two vacant lots? Fitzgerald: That’s correct. Henzi: So it’s not like he went to adjoining homeowners. You bought two vacant lots from Mark Miller? Fitzgerald: Correct. Henzi: Thought you were going to build and then you got held up? Fair enough? Fitzgerald: Correct. Henzi: Okay. Any questions for the petitioner? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Did you say these lots are plotted? Fitzgerald: Yeah, they’ve got two separate addresses, 9082, 9092. Pastor: So I am kind of confused why we are here? If these were plotted lots, that is why they were plotted. Fitzgerald: Well as I indicated that was the problem we had at building. We thought we were ready to go. Building told me you are all set. I asked three or four times they said no I don’t see a problem with it at all Dan. So then something came up and we are here now. Fisher: Maybe I can shed some light on the subject. Pastor: Thank you. City of Livonia, Zoning Board of Appeals Page 31 of 39 April 28, 2015 Fisher: Notwithstanding the existence of platted 40 foot lots, you still have a 60 foot minimum in an R-1 zone. Where you have majority of the subdivision already developed at 40 foot lots you can still go ahead and develop additional lots in that fashion. But if you will look in your materials you will see that Mark Taormina did the analysis of this subdivision and said that only approximately 35 percent of these home sites in this subdivision are developed on 40 foot lots, the rest are bigger. That is his memo to me of April 1. Henzi: Mr. Fisher, I had a question for you. There is this one it’s the platted map and this suggests to me at one time every lot was--let me say it a different way. There were--there are numbers representing what I assume to be 40 foot lots but the actual lot maybe varies because someone could have added a double lot etcetera. Fisher: Oh, absolutely. Henzi: So what do the numbers mean? There’s 140 through 154? Fisher: Those--for the most part they are 40 foot lots as platted. You will see the corner lots tend to bigger and so forth. But yes the theoretically when this subdivision was originally developed the idea was that everybody would--almost everybody would live on a 40 foot lot. It has not transpired that way and subsequently the zoning minimum was set at 60 feet and that’s why the petitioner is here tonight. I think what he is referring to is the inspection department personnel were not aware that the analysis Mark did was going to turn out the way it did. Henzi: Okay. Fisher: But we did--approximately ten years we had somebody else in the same situation in the same subdivision. Henzi: Okay. Fitzgerald: That was in ’05 that house was built. One other thing, I talked to Mark because I work with him a lot, we do--we are a sign company also. But as you look--this is a very big subdivision that we are looking at here. I think it is almost like two combined. So the majority of 33-5 and the 40’s versus the circumference of what we are working with there is huge. But the Hugh Street across the street from us on that whole street is 40 foot lots. So it wouldn’t be out of place to stick these two houses on this particular street I’m thinking. If you were in another sub where there are 60’s everywhere and 80’s then it would probably look awkward but here I don’t see it looking awkward. Like I said we built several houses on 40 foot lots. This particular house too. Henzi: This model right? Fitzgerald: that model, correct. Yes, we built that several times on 40 foot lots. And I remember before the crash, zoning was--they were happy with those houses on the 40 foot lots. The way they looked, the side setbacks were fine with them. And this is why we brought this particular house here again because we know it works on a 40 foot lot very well. It looks very well too. Henzi: Any other questions for the petitioner? Bowling: Mr. Chair. Henzi: Mr. Bowling. Bowling: One of the things I see just in terms of concerns always with the neighbors is the drainage, water control that type of stuff. What can you tell us about what your plans are, what you guys do to accommodate that to make sure we don’t flood the neighbors? City of Livonia, Zoning Board of Appeals Page 32 of 39 April 28, 2015 Fitzgerald: Forties we always put a drywell in inspected by Engineering. That drywells is what they are is like a two foot circumference buried about eight feet in the ground with ten foot bleeders coming off throughout the circumference buried in pea gravel. They work great for 40 foot lots if they are done right. Henzi: Anything else? Fisher: Mr. Chair, if it will help I can give you--I can pass around the aerial view of the street. Henzi: Any other questions for the petitioner? Coppola: Mr. Chair. Henzi: Mr. Coppola. Coppola: A clarifying question. You said you built several other of these homes or this version of a home in Livonia on 40 foot lots. Were you required to get variances for those? Fitzgerald: Yes, I was, every one of them. Henzi: Anything else? Okay, is there anybody in the audience that wants to speak for or against the project? If so, come on up to the podium. And Mr. Fitzgerald I will call you back when the speakers are finished. Ford: Good afternoon, Tom Ford, 9110 Hugh. And I object to the dividing of these two lots. Even though they may be plotted as two there was only one house there before it was torn down. Trying to cram two little houses in a 40 foot lot is really going to put that house right on the property line or whatever the State minimum is. Drainage is a concern for that area. That property is the lowest property in that area. A drywell will not work. I’ve installed them before. It has to drain somewhere. So after a good rain storm, summer it doesn’t matter--winter, it’s flooded. Henzi: How long have you lived there? Ford: Sixteen years. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: You said you’ve installed them before, are you an excavator? Ford: No, I used to work construction installing underground water mains, sanitary lines, storm drains, that type of construction. Pastor: What you do what now? Ford: I’m in I.T. Pastor: Thank you. Henzi: Thanks. Ford: Yep. Henzi: Anyone else that wants to speak for or against? Good evening. Smythe: Good evening. My name is Sandy Smythe and this is Joe Rochou. Rochou: And I reside with Sandy. Smythe: Joe lives with me not that everybody needs to know. I’m the gardener and he is the house maintenance for my house. I’ve lived in the neighborhood for 25 years and like Tom said City of Livonia, Zoning Board of Appeals Page 33 of 39 April 28, 2015 there’s only been one house on that property. My biggest issue is flooding. So the proposed two houses would be here on Hugh. Tom lives here, and half of my backyard butts up to Tom’s yard. To my immediate right and left the properties are higher so my yard floods--it’s been flooding for 25 years. And my concern is that whether it is one house or two houses it’s not going to drain properly and I’m going to get more water because the houses on my right and left are raised up and I am the lowest point from Tom’s house to the other Smythe house to Becky’s house, it all dumps to my yard. Rochou: In my opinion a drywell is not enough. This is a massive amount of water. It will come past from that lot past Tom’s neighbors into Sandy’s lot and actually go across her lot into the neighboring lot. When we get heavy rain it is a lake. Smythe: I get ice ponds--natural ice ponds-- Rochou: It’s a lake. Smythe: --back there. Rochou: So a drywell is not it. If you guys are going to let this happen they need a sump pumps or drain or some kind of drainage. Because more than likely they are going to put these two homes in and it is going to raise the grade, it’s going to make our condition worse. Henzi: Okay. Rochou: The water will come nearly to her home. Becky who lives next to her it does come to her back yard--back door at this time. So if we get any change in grade it’s going to get worse. Smythe: It has to be directed out in front to the Hugh Street-- Rochou: There has to be another way to drain-- Smythe: --it can’t--because the drain--the natural drain I think is two houses from the proposed two houses further because my cousin came to the City of Livonia and asked about it trying to help me out but the problem is the street drain. Rochou: Yeah, they--years ago she tried to get the City to put a culvert in the yard because it is so bad and they said they would grant a permit but it would be at her cost and it is very expensive. So we’ve just been dealing with it. So any change in the grade is going to affect her and all the surrounding neighbors very detrimentally in my opinion because it is already bad what we are living with. Smythe: yeah, when I had my dog, it could--I couldn’t even let my dog out the back. There was nowhere for my dog--heavy rains you couldn’t--I’d have to let my dog out the front. Rochou: Besides being the two homes the area is like this gentleman is saying, the majority of the homes are on 60 foot lots. Why do we want to cram two smaller homes which doesn’t improve anybody’s value? Our end of the street has all large lots, they are all double. Most of them are- Sandy’s looks like plots, her house is in the middle. Norm her neighbor next door similar, looks like two plots on his thing. House is slightly to one side, but to put two homes that doesn’t do anything for us--anything for our value. It’s just--now we’ve got 40 foot lot houses instead of the majority like he was saying in our area and I’m not saying what he means a huge neighborhood, we consider our neighborhood to West Chicago, to Middlebelt and to Merriman and to Joy Road. That’s what we consider our neighborhood and the majority there is 60 foot lots and larger. So to say you know he’s not doing anything to take away the value I think he is. So, if he--if he wins the appeal the only thing in my opinion to do would be that he could not make cookie cutter type homes. He says he builds these two homes they in my opinion they need to be dramatically City of Livonia, Zoning Board of Appeals Page 34 of 39 April 28, 2015 different somehow so that they don’t look like a couple of--you know--cookie cutter homes. Because our neighborhood is very diverse, there is a lot of different variety and then a very lot of large lots and brick homes in the neighborhood are very nice. So we have a couple of streets where it is 40 foot but the majority like this gentleman said is 60 and larger. Henzi: Thank you. Smythe: Thank you. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Sir--sir. Rochou: Yes, sir. Pastor: Did you even look at the plan that he has presented? Rochou: No, I haven’t seen it. Smythe: None of us have received a plan. Pastor: Well normally you would go to him and ask him. Smythe: Oh. Pastor: He doesn’t come to you and give you one. Rochou: Oh. That would be another thing for you to consider. If you do win the appeal someway so they don’t look like a couple of cookie cutter homes. Pastor: Thank you. Henzi: Anybody else? Kapetansky: Hi, I’m Becky I live at 9135 Fremont. I’m their neighbor. Henzi: Your last name? Kapetansky: And I share the same concerns. The flooding is probably the main one. Joe and Sandy live right next door and I do get water right up to my door. I actually just dug a small drywell to help with that and that has helped, but I’m concerned that now if that building happens, the grade changes, that won’t be enough. And the other concern would be property value if there are two houses built there the lot seems pretty small to me. So--but I think they both said it pretty well and I would agree with them. Henzi: Can you say your address one more time, the street number? Kapetansky: 9135 Fremont Street. Henzi: Thank you. Kapetansky: Yep. Henzi: Anybody else? Are there letters? Caramagno: We have one letter of approval from William Cascaden, 9007 Fremont (letter read). And an approving letter on the other case for the neighboring lot is from the same person William Cascaden, 9007 Fremont (letter read). Henzi: Mr. Fitzgerald, do you have anything you want to say in closing? City of Livonia, Zoning Board of Appeals Page 35 of 39 April 28, 2015 Fitzgerald: Yeah, sure. Just to address a couple of questions because we don’t want to get anybody upset. It seems like some people are. We build houses in Livonia, strictly in the Livonia and we have for 30 years. A couple of the problems I see from hearing it, there was a house there, it was torn down. The other property hasn’t been developed so what it is it’s still the natural plot. When the other houses in the area were built they were brought up to the property elevations. The flooding problem is probably from being a vacant lot all that time having not been brought up to the proper elevations. The draining situation in the City of Livonia will be corrected because the Engineering Department does a fantastic job with drainage there. And as I said before we’re experienced on building on 40 foots lots. As for the sump pump all houses have sump pump they will be discharged into the catch basins out at the curb. If not then they go to a dry well. But as the houses will be shot with proper elevations off the existing houses and grades will be set to those elevations with proper swales in the yard, I don’t see a problem with drainage, I see the drainage problem being corrected. We just built a house a couple of years ago on Lathers that was a lake so what we had to do was just truck about 700 yards of dirt, bring the elevation up to the proper elevation and the yard is fine now and there are no neighbors complaining. They were complaining in the beginning too because most of the time they don’t understand. Having said that, the cookie cutter thing is--I’m from Livonia. I was born and raised in Livonia, I run my business for 30 years in Livonia and I’m not going to stick up anything in Livonia that’s not going to look good. I don’t build a house that I won’t live in. And that’s just my rule. I don’t build a sign that I don’t--that I wouldn’t have in front my store. And that is just the way we do things. So we want to make sure the neighbors are comfortable with us if we do get approved. I think that it will help the neighborhood and I think it will help the value of their homes. That’s all I have to say. Henzi: Okay, thank you. I’ll close the public portion of the case and begin the Board’s comments with Mr. Bowling. Bowling: I think the--I think it is a definite improvement to the neighborhood to have some houses there as opposed to just the vacant lots. The only heartburn I really have at this point is the neighbor’s concerns about the drainage but I am sure Engineering is going to address those items. I think I would like to hear the rest of the Board’s comments before I decide which way I want to go on this. Henzi: Mr. Coppola. Coppola: I heard the neighbors, I understand their concern. I think with the proper engineering and approvals we can probably mitigate the situation they have now probably even somewhat improve it. I went through the neighborhood, 40 foot lots--small lots, it’s going to be a postage stamp on there, but it is an improvement I think compared to what is there now. I am supportive of providing the variances obviously with some level of conditions knowing that the proper drainage and protection for the neighborhood are done. Henzi: Mr. Caramagno. Caramagno: Well we talked in the beginning about this--these lots being plotted and the percentage of 40 foot lots in the subdivision whatever the subdivision is considered. There are a lot, there is at least a third of those lots are 40 foot lots. This particular builder has been successful with putting a good looking home in my opinion on a 40 foot lot. If this was not allowed this would be unbuildable lots and they would stay that way. I think this is an improvement to the neighborhood. I think it’s a move in the right direction. It puts more families in the City. I think it will certainly help your area. As far as the flooding, I am no engineer but I can’t believe our City would allow him to build something that is going to dump water on your property and flood you City of Livonia, Zoning Board of Appeals Page 36 of 39 April 28, 2015 out. You have an existing problem that I don’t think the City is going to allow you to turn your property at this point so I’m going to be in support on both cases. Henzi: Mr. Pastor. Pastor: Yes, I will definitely be in support of this. It is a plotted lot. My opinion one time during the City they allowed these houses to be plotted this way. They were supposed to be--they were meant to be this way because someone decided to put two--three--four lots together doesn’t mean they can’t go back to the way it was originally plotted. So I am in support of this. I know our Engineering Department. I’ve worked with them several times and they do a very good job about water--shed waters and stuff. If one of the neighbors go and talk to them they will understand that the Engineering Department is there for the City not for an individual builder. So I will definitely be in support of this on both cases. Henzi: I would actually prefer to table and I will say why. First of all putting two houses where none exists is the biggest change to a neighborhood and I want to make sure that I give it all its due consideration. I am very torn because what Mr. Pastor said is exactly true. It’s just by happenstance that somebody didn’t build a house on each of those lots in 1949 or 1975. Those are buildable lots. There are nine 40 foot lots on that street and three double lots. And I consider that to be--that is very persuasive to allow for two houses on a 40 foot lot. While I’m--but when people come in and tell me the stories about the drainage that really gives me concern. I would like to go through not just up and down that street but throughout the entire neighborhood. We’ve had something from the Planning Department about how many houses are actually 40 feet and how many are greater than that. I might expand my search and look at that. I just think because this is--there is no turning back once you erect two houses. I would rather table it. So the floor is open for a motion. Pastor: Mr. Chair. Henzi: Mr. Pastor. Upon Motion by Pastor supported by Bowling, it was: RESOLVED: APPEAL CASE NO. 2015-04-15: An appeal has been made to the Zoning Board of Appeals by Mark Miller, 45920 Ashford Circle, Novi, MI 48374, seeking to construct a single family dwelling upon property, resulting in deficient lot width and lot area. Lot Width: Lot Area: Required: 60 ft. Required: 7200 sq. ft. Proposed/Existing 40 ft. Proposed/Existing: 5400 sq. ft. Deficient: 20 ft. Deficient: 1800 sq. ft. The property is located on the east side of Hugh (9082), between Dover and Grandon, Lot. No. 140-01-0149-000, R-1 Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 4.04, “Schedule of Minimum Lot Sizes in R-1 be tabled to allow the petitioner an opportunity to consider through R-5 Districts,” the Board’s and neighbor’s comments. City of Livonia, Zoning Board of Appeals Page 37 of 39 April 28, 2015 ROLL CALL VOTE: AYES: Pastor, Bowling, Caramagno, Henzi NAYS: Coppola ABSENT: Sills, Schepis Henzi: Do you want to make the identical motion for case 16? Pastor: Yes. Upon Motion by Pastor supported by Bowling, it was: RESOLVED: APPEAL CASE NO. 2015-04-16: An appeal has been made to the Zoning Board of Appeals by Mark Miller, 45920 Ashford Circle, Novi, MI 48374, seeking to construct a single family dwelling upon property, resulting in deficient lot width and lot area. Lot Width: Lot Area: Required: 60 ft. Required: 7200 sq. ft. Proposed/Existing 40 ft. Proposed/Existing: 5400 sq. ft. Deficient: 20 ft. Deficient: 1800 sq. ft. The property is located on the east side of Hugh (9092), between Dover and Grandon, Lot. No. 140-01-0150-000, R-1 Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 4.04, “Schedule of Minimum Lot Sizes in R-1 be tabled to allow the petitioner an opportunity to consider through R-5 Districts,” the Board’s and neighbor’s comments. ROLL CALL VOTE: AYES: Pastor, Bowling, Caramagno, Henzi NAYS: Coppola ABSENT: Sills, Schepis Henzi: Okay, it’s been tabled. City of Livonia, Zoning Board of Appeals Page 38 of 39 April 28, 2015 Henzi: Is there a motion to approve minutes? Mr. Fitzgerald, I just wanted to make clear, th I didn’t see you back there. You can get on the docket for June 9, but your deadline to ththth resubmit is May 15. So if you want June 9, just call up the ZBA office by May 15. th Pastor: I make a motion to accept the April 14 minutes. th Henzi: March 24. th Pastor: Oh, excuse me, March 24. Coppola: Support. Henzi: Moved and supported, all in favor say aye. Board Members: Aye. Henzi: Do we have a motion to adjourn? Bowling: Motion to adjourn. Pastor: Support. Board Members: Aye. Henzi: We are adjourned. There being no further business to come before the Board, the meeting was adjourned at 8:50 p.m. _______________________________ Matthew Henzi, Chairman ______________________________ Sam Caramagno, Secretary /pcb City of Livonia, Zoning Board of Appeals Page 39 of 39 April 28, 2015